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UP 98-26
PROJECT SUMMARY SHEET FILE #: 1JP 98-26 PROJECT TYPE: Use Permit APPLICANT: Kenneth and Lynda Piercy • P�' • .•. 1'• �. �,u • • OWNER: Lee Colby ADDRESS: P.O. Box 540, Durham, CA 95938 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to allow an indoor dog training facility PROPERTY ZONED: A-10 LOCATED: on the northeast corner of Goodspeed St. and Hutton Way AP#:_ 040-280-092 TOWN/AREA: Durham GENERAL PLAN DESIGNATION: Orchard and Field Crops 1. Application complete: June 10, 1998 Amount: U013—O(—Receipt #: 16416 q 2. Comments sent to: E.H., .AF .O, DEV. SERV., ASSES., PW, FARM BUREAU, AG. CMM., DUR IRR_, CDF��J�`�) 3. Comments received from: �Q L -14F Co N Sts- f_X/ �F � AZAR 4. Rezone Petition Signatures Checked: 5 rel 7 Mailing List/Lead-in Sheet: Assigned To:nheit \II Environmental Determination: State Clearinghouse No: is Subject to Fish & Game: NO Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA# 15061.(bx3) Other Staff Report: Project Video: (JO Clearinghouse circulation required: Yes No 'A_ Date Sent to SCH: NIA' Publication Notice Written: /—/.5-- % Display Ad Prepared: Notices Mailed: fes— /.r �1 O Number of Notices: Newspaper Publication Date: / ���= %C' n Planning Commission Hearing(s) Action taken: Conditions: Resolution No. Board of Supervisors' Hearing(s): 0-e-sf C; ?: "CT /.-? • /'2 - U Action taken: Board Resolution No.: Ordinance No: Adopted: - Type Use Permit/Send for signature: / N.O.E. / N.O.D. / APPENDIX G: _ 10 SCP —q P Fish & Game Fees Paid: Yes ✓ No 17. Send validated Use Permit: NOV 18 I10,9 Jil8 18. Assessor's Memo: : NOV 1 R 1QgR 19. Copy of Use Permit / Variance to Planning Technician: NOV 1 9 1998 Special Commission Kenneth and Lynda Piercy - proposed Negative Declaration regarding environmental impacts and Use Permit to allow an indoor dog training facility on property zoned A-10 (Agricultural - 10 acre parcels) located on the northeast comer of Goodspeed Street and Hutton Way, identified as AP 040- 028-092, Durham. (SB) (UP 98-26) (VIDEO) ' A video was shown of this site. Mr. Betts gave a brief summary of the project. He said it was for dog training classes, without boarding. Mr. Doody asked that the Commission find this project to be consistent with the D2N Plan and add that to their motion. Chairman Lambert questioned that this is more of a commercial use than an agricultural use. She said she could not make this use fit with the GPA, Zoning, D2N Plan, or the Ag. Element. Mr. Doody said there is a conflict with the Ag. Element and Zoning Ordinance. He said the Zoning Ordinance is being updated. He said where a kennel would be consistent and allowed, staff has determined that this use should be allowed with a Use Permit. Commissioner Nelson discussed where to allow these types of uses, i.e.; kennels, stables, etc. Chairman Lambert said a dog training facility is not an agricultural use. The hearing was opened to the public. Lynda Piercy said she would like to have her own training facility. She requested the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday. Chairman Lambert said this was not the appropriate place for this use. Dave Cockrell said he lives across from this property. He said Hutton Way is on paper only. He said the traffic will go by their house and their road is very narrow. Commissioner Nelson asked him if Hutton Way was put in, would he still have a problem with this project? • r Mr. Cockrell said he was concerned with traffic. He said this is the wrong place for a commercial use. He said the property in the area is zoned agricultural, but is residential in use. Chairman Lambert asked about a condition to require development of Hutton Way. Mr. Betts said that was not an option. Lee Colby said Hutton Way is a 60 ft. easement. He said the dog training building would be to the rear of the property. He said the applicant would like to build a home on the front of the lot. He said the applicant will put gravel on Hutton Way along the side of their property for access to the facility if necessary. The hearing was closed. Commissioner Leland said he was inclined to approve this application. =BUT=ECO�UNTY PLANNING COMMISSION ■=NU=ESm0=T0BE=8,19=8m_ -- -� 0 Commissioner Cage said the conditions should reflect the hours per day, and only 5 days a week. She said the applicant should not be held to two classes a day. Commissioner Leland said the limitation of two classes was appropriate. He said they should include an exception on the no -boarding condition, to except dogs owned by the owners. It was moved by Commissioner Leland, seconded by Commissioner Mooney, and carried to approve the Use Permit for UP 98-26, Kenneth and Lynda Piercy, on AP 040-028-092, finding the proposal consistent with the D2N plan, as follows: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration 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: No boarding of dogs will be allowed. 2. Training of dogs will be inside an enclosed structure and dogs will not be allowed to run off - leash outside of the building; and Limits have been placed on the number of classes held and the class size; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions found in Exhibit "A," a Negative Declaration is hereby adopted and Use Permit 98-26 approved for Kenneth and Lynda Piercy on APN 040-280-029 to allow an indoor dog training facility. Conditions of Approval: Dog excrement shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■OCTOBER 8, 1998 ■ 2. Boarding of dogs shall not be permitted except those owned by the property owners up to 5 .dogs. 3. Classes shall be limited to no more than twenty-five (25) dogs, with no more than two (2) classes per day. 4. Applicant shall provide at least thirty (30) parking spaces meeting the requirements of Section 24- 240 of the Butte County Code. No parking shall be permitted on Goodspeed Street. 5. Training of dogs shall be conducted inside an enclosed building and no dogs shall be allowed to run unleashed outside the building. 6. All outside lighting shall be fully shielded and contained within property boundaries 7. All classes to be held between 9:00 a.m. and 8:00 p.m.,.Monday through Friday only. Building Division 8. Obtain building permits for the proposed building. The building will not be considered an agricultural use. 9. 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. 10. Prior to the issuance of building permits a•plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed to the nearest natural or publicly, maintained drainage channel or facility, and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. _Environmental Health De artm n 11. Meet Butte County Health Department requirements for on-site sewage disposal. 12. Obtain County permit for proposed septic system. 13. Comply with Public Health Department requirements for the provision of domestic water to the public. 14. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 15. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. AYES: Commissioners Cage, Mooney, Nelson, and Leland NOES: Chairman Lambert ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■OCTOBER 8, 1998 ■ I ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■OCTOBER 8, 1998 ■ 4 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - October 8,1998 Applicant: Kenneth and Lynda Piercy Location: On the northeast corner of Goodspeed St. and Hutton File #: UP 98-26 Way, Durham area Request: Use Permit to allow an indoor dog training facility G.P.: Orchard and Field Crops Zoning: A-10 (Agricultural, 10 -acre minimum parcel size) APN: 040-280-092 Parcel Size: 5 acres Zone Date: 2/25/92 Supervisorial District: 4 Applicable Regulations: 24-45 SUMMARY: Staff is recommending approval of a Use Permit for an indoor dog training facility. with conditions and findings. PROJECT DESCRIPTION: As proposed by the applicant, people will bring their own dogs to the site and will be instructed by the applicants on how to train their dogs. There will be one or two classes a day, a few days of the week. There will be approximately 8 to 25 people per lesson. The training will be conducted inside a building. The project site does not contain any buildings, but has been developed with an almond orchard that is no longer in production. A dwelling unit and an 8,400 sq. ft. building where the dog training will take place are proposed to be placed on the property. The site is located in a primarily agricultural and rural residential setting, with suburban residential uses to the north. Most of the surrounding properties have been developed with orchards. The project site topography is level and does not contain any waterways or unusual physical characteristics. Access to the site will be off of Goodspeed Road on the Hutton Way right-of-way (Hutton Way has not been constructed along the project site). CEQA ISSUES: A Negative Declaration is proposed for this project. ANALYSIS: The purpose of the proposed indoor dog training facility is to teach people how to handle their dogs. All training will take place inside the proposed 8,400 sq. ft. building, and dogs will not be allowed to run free outside of the building. The building will attenuate the sounds of barking dogs. A condition of this project will require that all dog training be held inside the building and that dogs cannot be allowed to run off -leash outside of the building. No dogs are proposed to be boarded on the site, and a condition of this project will prohibit boarding. Ar Butte County Department of Development Services Agenda Report Ar Page 1 Ar The applicants are proposing to have one to two classes per day, several times per week. They are not sure how large the classes will be, but may range in size from 8 to 25 participants. Because the project site is located in a rural area, the number of vehicle trips generated by the proposed use could cause an impact to nearby residents. A limit should be placed on the number of class participants, or the number of dogs, in order to prevent significant traffic impacts. A condition of this project will limit the number of classes to no more than two per day and the number of dogs to 25 per class. Another condition of this project will require the applicants provide sufficient on-site parking. No street parking will be allowed. As stated on their application, the applicants are proposing to hold the classes inside an 8,400 sq. ft. "agricultural building." Comments received from the Butte County Building Department indicate that conducting training classes is not an approved use of an agricultural building. Therefore, a condition of this project will require that the proper building permits be obtained for the proposed training building. The applicants are proposing to dispose of dog excrement in an on-site septic system. Any septic systems placed on the property must be approved by the Environmental Health Department. The site is located within the Durham -Dayton -Nelson (D2N) Planning Area and as such is subject to the provisions of that Plan. One objective of the Plan is to "support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area." Another objective of the Plan is to "protect agricultural lands which currently produce, or have the potential to produce, from encroaching urban uses." Agricultural uses will still be possible on the site, although a small portion (approximately 15,000 sq. ft.) of the existing almond orchard will have to be removed. Therefore, the project is consistent with the D2N Plan. Further, it should be noted that the almond orchard is not being maintained. The loss of the almond trees for the building and parking area is, therefore, not significant. Even so, there will still be approximately 4.5 acres available for agricultural use on the project site. Because the water supply system in the training facility will serve numerous unrelated people, the Environmental Health Department is requiring that the water supply system for that building meet the requirements of a public water supply. This may involve monthly bacterial testing of the water supply. The Butte County Public Works Department is requesting that encroachment permits be obtained for all new or existing driveway approaches and that they be constructed to County Standard S-31, which is a standard private driveway approach. The Public Works Department is also requesting that a plan for a permanent solution for drainage be submitted and approved. The plan is necessary to insure that there is no increase in the peak flow water runoff due to development of the site. The Butte County Fire Department/CDF did not have any objections to the project and did not recommend any conditions for approval. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of Ar Butte County Department of Development Services Agenda Report s Page 2 s CEQA. Based upon a review of the Initial Study, staff has determined that the project will not have a significant impact on the environment. RECOMMENDATION: Staff recommends that the Planning Commission approve Use Permit, File #UP 98-26 for Kenneth and Lynda Piercy, subject to the following findings and conditions listed in Exhibit A. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act and no significant environmental effects were identified; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration 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: No boarding of dogs will be allowed; and 2. Training of dogs will be inside an enclosed structure and dogs will not be allowed to run off -leash outside of the building; and Limits have been placed on the number of classes held and the class size; and Section 3: Action A. Subject`to the findings indicated in Sections 1 and 2 of this Permit and the conditions found in Exhibit "A," a Negative Declaration is hereby adopted and Use Permit 98-26 approved for Kenneth and Lynda Piercy on APN 040-280-029 to allow an indoor dog training facility. Exhibits: A: Conditions of Approval ArButte County Department of Development Services Agenda Report xPage 3 Ar EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 98-26 PERMIT NO. 440-280-092 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kenneth and Lynda Piercy are hereby granted a Use Permit in accordance with application filed: Use Permit to allow an indoor dog training facility. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two 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 Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: Ar Butte County Department of Development Services Agenda Report xPage 4 ar Dog excrement shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. Boarding of dogs shall not be permitted) ,,y.cQ� }6>(, 00414d - • • ,,` 0 3. Classes shall be limited to no more than twenty-five (25) dogs, with no more than two (2) classes per days T%N*rndc j •�,nry 431n r rk&,j, 'tcc.m . TG S ?.V^. 4. Applicant shall provide at least thirty (30) parking spaces meeting the requirements of Section 24-240 of the Butte County Code. No parking shall be permitted on Goodspeed Street. 5. Training of dogs shall be conducted inside an enclosed building and no dogs shall be allowed to run unleashed outside the building. 6. All outside lighting shall be fully shielded and contained within property boundaries Building Division 7. Obtain building permits for the proposed building. The building will not be considered an agricultural use. 8. 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. 9. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed to the nearest natural or publicly maintained drainage channeF or facility, and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 10. Meet Butte County Health Department requirements for on-site sewage disposal. 11. Obtain County permit for proposed septic system. 12. Comply with Public Health Department requirements for the provision of domestic water to the public. 13. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. ��i • V,roV\�C- -�1(-c Ar Butte County Department of Development Services Agenda Report dr Page 5 ir 9 • I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry Assessor's Office Ar Butte County Department of Development Services Agenda Report Ar Page 6 ir Vicinity Map ... ..... .. Durham -Da on Hwv irhi n Burdick RoadDu F oad X, Hanlon Road m CL -4 '3 > CLI, j 6rainland Rdad Prqject;-Locaqqh- CD 0 _J UP 98-26 APN 040-280-092 ME SR -1 A-10 A-20 Hanlon Road v M- PUD A -5 A-10 Project Location BUTTE COUNTY PLANNING CONMUSSION Applicant: Kenneth & Lynda Piercy Owner: Lee Colby Hearing Date: October 8, 1998 @ 9:00 a.m. Existing Zone: A-10 (Agricultural, 10 acre minimum) N Request: Use Permit to allow an indoor dog training facility. No Scale Assessor Parcel No: 040-280-092 File: 98-26 DEPARTIWNT OF DEVELOPNONT SERVICES BUTTE COUNTY UNIFORM APPLICATION ArrIiILAN L: Agent inrormanon to ne provtaea is on other sttle: APPLICANT'S NAME ( If applicant is different from oer an affidavit is required) ASSESSOR'S PARCEL NUMBER: 'k-2/7 oe-M (2,/ -Id Lyhd::� ?) e'-� - ADDRESS:t^� Y,5�'p 3 &ZIP DE: FILENUMBER: (FOR OFFICE USE) 0, 60 /D � ` ��, �6�Up W-cxo NAME OF PROPOSED PROJECT ( If any /G d TELEPHONE _ 1530) 3-S/'7 LOCATION OF PROJECT (Ivfajor cross streets and Address, if any) 6'nod5 pew /o/ GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE ADDRESS: t CITY. STATE & ZIP CODE: p, 0. enK 5 -yo ©i4 --h6 /7i• e� qs�-3e ZONE GENERALPLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres) A -10 OFC A r ietJ4Qrcc,/ o'�L ccc'-e3 EXISTING SFRUCFURES (in Square Feet) PROPOSED SfRUCfURES (in Square Feet) nor) e, yc)o (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED E' PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and size of parcels.) J- d fro -r 1 1 0199 ' A OWNER CERTIFICATION - - I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this app 'cation.) DATE: 5-� �- SIGNATURE: �il� *ENT A.UTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number -P : 0, gox i a Mailing Address is hereby authorized to process this applicatio for: T_ ndaor -D-,-xA T✓ �e wli ftq Vie: /,!c, on my property, idcntified as Buttc County Asscssor Parccl Numbcr: This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including documents) relating to title interest. Owner(s) of Record: (sign and print name) Le e eo�1J Print nie S/ nature Architect and/or Engineer: Print Name Signature �h� s3a-�33-i�a Print Name of Architect/Engineer and Phone Number Po, Lox. 91E- Oro //e; q9' 9�&y Mailing Address Current fee for this application is $ A Q r as of Make check payable to `Butte County Treasurer". Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. FOR OFFICE USE ONLY Taken by 5 Ir Date Received: &/1V Total Amount Received: 1012;- Receipt No. Ib q V Planning E.H. Land Dev. _✓AP Number(s) .✓Owners Authorization / Project Description Fire Dept. Legal Description _ Zoning Requirements ✓� 5 Copies of Plot Plan Application for Use Permit Assessor Parcel Number 40-28-92 Owner: Lee Colby Project Applicants: Kenneth and Lynda Piercy GENERAL INFORMATION Proposed use of site and project for which this application is made is for an indoor dog training facility. The training would be done indoors so as to provide a climate controlled environment for year round training classes. Applicant would be the instructor and this would involve training owners on how to train their own dogs. Owners would be present with their dogs during training sessions. Our hope is to have a class or two per day a few days of the week with an enrollment size of 8 to 25 per class. Part of responsible dog ownership education will include cleaning up after your dog. We will provide a septic tank to hold any doggie waste. Since we wi.11 need to provide a restroom for our people students we can get a septic system to take care of both which shall be pumped as frequently as necessary in order to provide a safe and clean environment for both people and canines. COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project. Applicant) Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: Le '1�fO lbt2 2. Address of project: C--'eb " 5 e �B Assessor's Parcel Number: D k 3. Name, address, and t lephQQne numberpf person to be contacted concerning this project: l�enn,%lfi �0✓ dtin cls 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: 5. Existing general plan designation: 6. Existing zoning district: 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): . QQ1 C412Z,A Project Description: 9. Site size: 0--;k Azul_. (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: a 11. Plans attached Yes °�No 12. Proposed development schedule 0- /aG Ckz,957{ / 16e ll t . l bc. 13. Associated projects %C�n 14. Anticipated incremental or phased development 110Y)e- Attach description. of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. ❑ Butte County Department of Development Services 0 Planning Division 0 J i.9 1998 1 Orovilll%. camArrag • A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential lands areas or public or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. _CIL 25. Change in bay, lake, river, stream or ground water quality drainage or quantity, or alteration of existing patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, r such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ D Planning DivisiOn JUN 10-1199, -014 ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 I t. — Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before'the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the str ctures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 01,/ A-1fKOnCL b'-C4L c 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical. or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepte 1 /�o---A�-sincele y -o �P4 — Yl6c GGc i7f S4ctc j1krGC I -7b Si &,e Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for K:\FORMS\SUBMITTAL\ENV-INFO , Plan inn lD9v1,rft J U N 1 0 199& Creville,:P,�lit ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 ___.._ __. ,� i -30 — I- — Ci L) N JII lam' 7� _ I1 d8 .4 Li�.��� 79 V5 I� III i EL.: 040 280 065 000 STATUS: AC HEATH WILLIAM E & KATHY R 1099 MIDWAY DURHAM CA 95938 EL: 040 280 066 000 STATUS: AC HERNANDEZ ANTONIO & !SABEL 9093 MIDWAY DURHAM CA 95938 EL: 040 280 069 000 STATUS: AC CULLER WAYNE R & ROSE MARIE PO BOX 232 DURHAM CA 95938 EL: 040 280 072 000 STATUS: AC WEIGLEIN JOHN Z: ANNA 9047 GOODSPEED ST DURHAM CA 95938 EL: 040 280 089 000 STATUS: AC ALVARADO ERNESTO & MANUELA 2408 BROWN ST DURHAM CA 95938 EL: 040 280 090 000 STATUS: AC BOLES HELEN SS BOX 224 DURHAM CA 95938 LL: 040 28 1 093 000 STATUS: AC RICA GUS ALLEN & ROBERTA A 2805 MEDICINE BOW DR MODESTO CA 9535k1 EL: 040 280 094 000 STATUS: AC BRADDI STEVE & CAROLYN 0 BOX 415 DURHAM CA 95938 EL: 040 260 099 000 STATUS: AC GOBEL TIM E & DEBRA 9007 MIDWAY DURHAM CA 95938 EL: 040 280 100 000 STATUS: AC STEARNS JEFFRY D 2304 HUTTON DURHAM CA 95938 EL: 040 280 092 1100 STATUS: AC COLBY FAMILY TRUST P 0 BOX 540 DURHAM CA 95938 EL: 040 280 004 000 STATUS: AC CLAYPOOL ELIZABETH WARRENS REVOC CLAYPOOL ELIZABETH WARRENS TRUSTE ?015 GOODSPEED ST DURHAM CA 95938 EL: 040 280 027 000 STATUS: AC COCKRELL DAVID B & DIANNA 3 9061 GOODSPEED STREET DURHAM " CA 95938 EL: 11401 280 030 111e" 0 STATUS: AC HISLOP MICHAEL E & KATHRYN L 9136 GOODSPEED ST DURHAM CA 95938 EL: 040 280 035 000 STATUS: AC BRAWLEY TODD A & HEATHER N 9118 GOODSPEED ST DURHAM CA 95938 EL: 040 280 044 1100 STATUS: AC NEGUS MICHAEL LEROY & ALICIA A 9104 GOODSPEED DURHAM CA 95938 EL: 040 280 048 000 STATUS: AC WAGONER LONNIE A 9109 MIDWAY DURHAM CA 95938 EL: 040 280 053 000 STATUS: AC GERMAN RICHARD ALLEN & BARBARA 9103 MIDWAY DURHAM CA 95938 EL: 040 28[1 054 000 STATUS: AC PARKER FAMILY TRUST PARKER LEWIS A & KATHLEEN M TRUST P 0 BOX 475 DURHAM CA 95936 EL: 040 260 055 5100 STATUS: AC FULTZ FRANCIS A & HELEN Y TRUST- FULTZ FRANCIS A u HELEN! Y TR 9098 GOODSPEED STREET DURHAM CA 95938 EL.: 040 280 065 000 STATUS: AC HEATH WILLIAM E & KATHY R 1099 MIDWAY DURHAM CA 95938 EL: 040 280 066 000 STATUS: AC HERNANDEZ ANTONIO & !SABEL 9093 MIDWAY DURHAM CA 95938 EL: 040 280 069 000 STATUS: AC CULLER WAYNE R & ROSE MARIE PO BOX 232 DURHAM CA 95938 EL: 040 280 072 000 STATUS: AC WEIGLEIN JOHN Z: ANNA 9047 GOODSPEED ST DURHAM CA 95938 EL: 040 280 089 000 STATUS: AC ALVARADO ERNESTO & MANUELA 2408 BROWN ST DURHAM CA 95938 EL: 040 280 090 000 STATUS: AC BOLES HELEN SS BOX 224 DURHAM CA 95938 LL: 040 28 1 093 000 STATUS: AC RICA GUS ALLEN & ROBERTA A 2805 MEDICINE BOW DR MODESTO CA 9535k1 EL: 040 280 094 000 STATUS: AC BRADDI STEVE & CAROLYN 0 BOX 415 DURHAM CA 95938 EL: 040 260 099 000 STATUS: AC GOBEL TIM E & DEBRA 9007 MIDWAY DURHAM CA 95938 EL: 040 280 100 000 STATUS: AC STEARNS JEFFRY D 2304 HUTTON DURHAM CA 95938 Project Name: Kathleen Parker Te tative Parcel Map, File # TPM 03-14 • 8.0 'PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Kathleen and Lewis Tentative Parcel Map (APN # 040-280-054) application and particularly the mitigation measures identified herein. I/We hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent Project Sponsor/Project Agent Date Date ■ Butte County Department of Development Services ■ Planning Division ■ Page 24 ■ DECLARATION OF FEES DUE (Ca ifornia Fish and Game Code Section T 4) NAME AND ADDRESS OF APPLICANT Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 (530)343-5171 FILING NO. y 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 WT 9 & 3. OTHER (Specify) $25.00 Clerk's Documentary Handling Fee NOV ©41998 PAYMENT / NON-PAYMENT OF FEES: CA J. RUBE^ 1. (X) PAYMENT: The above fees have been paid. B Buh3 Co. Cleric See attached receipt(s). #16747 Deputy 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Dave Doody Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: October 29, 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. TO: • NOTICE OF DETERMINATION 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 26 Use Permit AP Number: 040-280-092 Applicant: Kenneth and Lynda Piercy, P.O. Box 1096, Durham, CA 95938 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the northeast corner of Goodspeed St. and Hutton Way, Durham area Project Description: Use Permit to allow an indoor dog training facility This is to advise that the Butte County Planning Commission has approved the above-described project on October 8, 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 were, _X_ 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 Dave Doody Principal Plann j:\linda\noe.nod\nod.frm 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 98-26, on the northeast corner of Goodspeed St..and Hutton Way, Durham area Project Description: Use Permit to allow an indoor dog training facility 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: Dav oo , Principal Planner Lead Agency: County of Butte Date: October 29, 1998 j Ahnda\noe.nod\f&g.1et January 11, 1999 Kenneth & Lynda Piercy P.O. Box 1096 Durham, CA 95938 RE: Use Permit, File No. UP 98-26 Dear Mr. & Mrs. Piercy: 0 .. utte Couni ... 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 Per our telephone conversation on Friday, January 8, 1999, the account for the above -referenced file has been amended. The account now has a zerobalance and is closed. I am sorry for any inconveniences this may have caused you. Should you have any other questions, please contact me. Thank you! Sincerely, Brian Larsen Principal Analyst BAL:jb 8 LAND OF NATURAL WEALTH AND BEAUTY DIRECTORS OFFICE DEPARTMENT OF DEVELOPMENT SERVICES {�}3L` '•"= "''` `r, 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 _p,k• TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 January 4, 1999 Kenneth & Lynda Piercy P.O. Box 1096 Durham, CA 95938 RE: Use Permit, File No. UP 98-26 Dear Mr. & Mrs. Piercy: A letter dated December 3, 1998, was mailed to you requesting that you remit a check payable to the Butte County Treasurer in the amount of $198.00 because the costs to process your above -referenced application exceeded your deposit of $700.00 by $198.00. We have not yet received your payment. Please make a check payable to the Butte County Treasurer in the amount of $198.00 and remit it to the Planning Division of the Department of Development Services, 7 County Center Drive, Oroville, California 95965 within 15 calendar days. Please contact this office within 15 days if other arrangements need to be made. Should we not receive your final payment or hear from you, we must turn this account over to Butte County Central Collections. Should you have any questions, please contact Brian Larsen Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, A Thomas A. Parilo Director of Development Services TAP.jb Attachment j:\docs\refunds\a-notice.wpd December 3, 1998 Kenneth & Lynda Piercy P.O. Box 1096 Durham, CA 95938 RE: Use Permit, File No. UP 98-26 Dear Mr. & Mrs. Piercy: ,�3utte C LAND OF NATURAL WEALTH AND 8EAUTY . DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The total cost for the processing of the above -referenced application which was approved by the Planning Commission on October 8, 1998, is $898.00. As of June 10, 1998, a deposit was made in the amount of $700.00. The costs exceeded the deposits by $198.00. Below is a breakdown: Deposit on 6-10-98, Receipt No. 16416 $700.00 Professional Planner $531.00 Mapping $ 73.75 Clerical $293.25 Total $898.00 Total Amount Due & Payable $198.00 Please make a check payable to the Butte County Treasurer in the amount of $198.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parild Director of Development Services TAP.jb j:\docs\refunds\PCdue.wpd 4 December 3, 1998 Kenneth & Lynda Piercy P.O. Box 1096 Durham, CA 95938 RE: Use Permit, File No. UP 98-26 Dear Mr. & Mrs. Piercy: ,�3utte C LAND OF NATURAL WEALTH AND 8EAUTY . DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The total cost for the processing of the above -referenced application which was approved by the Planning Commission on October 8, 1998, is $898.00. As of June 10, 1998, a deposit was made in the amount of $700.00. The costs exceeded the deposits by $198.00. Below is a breakdown: Deposit on 6-10-98, Receipt No. 16416 $700.00 Professional Planner $531.00 Mapping $ 73.75 Clerical $293.25 Total $898.00 Total Amount Due & Payable $198.00 Please make a check payable to the Butte County Treasurer in the amount of $198.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parild Director of Development Services TAP.jb j:\docs\refunds\PCdue.wpd EDate 01/11/99 fivelopment Services Departnt!nt Time 9:26 am Applicant Billing Worksheet UP 98-26 * Kenneth & Lynda Piercy P.O. Box 1096 Durham, CA 95938 In reference to UP 98-26, AP4040-280-092 Rounding . None Full Precision 'No Last bill / / Last aging Last charge 11/27/98 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE 06/01/98 Teri B. / C 1.00 #17229 Clerical 34.00 06/01/98 Craig S. / P 0.25 #17256 Processing 59.00 06/15/98 Teri B. / C 1.00 #17382 Clerical 34.00 06/15/98 Steve L. / LR 0.25 #17441 LAFCo Review 59.00 06/15/98 Larry P. / P 1.25 #17454 Processing 59.00 06/15/98 Steve H. / P 0.50 #17457 Processing 59.00. 07/13/98 Steve H. / P 2.50 #17927 Processing 59.00 08/24/98 Steve B. / P 2.50 #18530 Processing' 59:00 09/07/98 Steve B. / P 3.00 #18743 Processing 59.00 09/07/98 Lynn R. / C 0'.50 #18859 Clerical 45.00 09/21/98 Lynn R. / C 1.25 #19096 Clerical 45.00 10/05/98 Lynn R. / C 1.00 #19398 Clerical 45.00 WIM• 1M 34.00 14.75 34.00 14.75 73.75 Page 1 TOTAL 29.50 DO NOT BILL 147.50 DO NOT BILL 147.50 177.00 22.50 56.25 45.00 Date 01/11/99 Time. 9:26 am UP 98-26 Dflelopment Services Departm#t Applicant Billing Worksheet Kenneth & Lynda Piercy (continued) Date/Slip# Description HOURS/RATE 10/19/98 Teri B. / C 0.50 #19605 Clerical 34.00 11/02/98 Lynn R. / C 1.25 #19929 Clerical 45.00 11/16/98 Teri B. / C 0.50 #20038 Clerical 34.00 11/16/98 Lynn R. / C 0.25 #20135 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 14.50 TOTAL DO NOT BILL TIME CHARGES 3.00 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 06/10/98 Deposit - Receipt #16416 01/11/99 Remainder of Fees Waived TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE r F u • 1►M 17.00 56.25 17.00 11.25 Page 2 TOTAL . $721.00 $177.00 $0.00' .$721.00 (700.00) (21.00) ($721.00) USE PERMIT 4i BUTTE COUNTY PLANNING COMMISSION NOV 18 izia3 DATE: (Certified Mail Rec.) UP 98-26 PERMIT NO. 040-280-092 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kenneth and Lynda Piercy are hereby granted a Use Permit in accordance with application filed: Use Permit to allow an indoor dog training facility. _ Failure to comply with the conditions specified herein as the basis -for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two 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 Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: Dog excrement shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. Boarding of dogs shall not be permitted except those owned by the property owners up to 5 dogs. 3. Classes shall be limited to no more than twenty-five (25) dogs, with no more than two (2) classes per day. 4. Applicant shall provide at least thirty (30) parking spaces meeting the requirements of Section 24-240 of the Butte County Code. No parking shall be permitted on Goodspeed Street. 5. Training of dogs shall be conducted inside an enclosed building and no dogs shall be allowed to run unleashed outside the building. 6. All outside lighting shall be fully shielded and contained within property boundaries 7. All classes to be held between 9:00 a.m. and 8:00 p.m., Monday through Friday only. 8. Obtain building permits for the proposed building. The building will not be considered an agricultural use. 9. 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. _ 10. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on-site and or conveyed to the nearest natural or publicly maintained drainage channel or facility, and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 11. Meet Butte County Health Department requirements for on-site sewage disposal. 12. Obtain County permit for proposed septic system. 13. Comply with Public Health Department requirements for the provision of domestic water to the public. 14. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 15. Provide an all weather access to all structures. The access shall have a minimum 10 foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. �j Dated: i Ci ;;?3 74 Applicant lor 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 06unty Planning Commission Chairman CC: Land Development Division, Building Division Health Department, Department of Forestry, Assessor's Office APPROVED — Development Plan DATE Nov , us =_ PERMIT;a�VARIAWE MINdRR UU..P._ __ADM.PERMIT_.__ PIJHNNIN(� (_(1MMICC DI 00 IQ t4 kA to ENT o Ijaw 41"x i I Gs. I I I Ag PL44, &&4.77. ¢Manning Division 11' JUN 10 1998 �roville, California IANS eI -7 16( D �_ -- - 40-0 =-----------------------------------1----L-----I----------------• ' r¢aRfgca_ is G�tp+si, v¢, L: '(ON I.°- 4 dot fW4 rz 510, Ofd• �o-t 8• qZ �c�R•�N1, C!� &TA+I. e - 41 � fog q � y iwE en• °(59« , 9f�.�IC�Ir�6E1►J(�. 5 i -4b -RAJ 44 MWq&,fr. AgieeU TU>w:AL- SL of ±' peG T4COI►J1J� C 4JTW- ISF--...- 44,;,J # i-YJ9o► ?Ifa-f. -530.3¢3.5171 fo * %. 10916 NoegAtj, coA , cl59 3 b ox 1 o� � ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■Write'Retum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 17 Kenneth & Lynda Piercy P.C. Box 1096 Durham, CA 95938 UP 98-26 S. Received By: '(Print Name).; k; � i ;C SP eA4 E PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. ❑ Registered 11 Certified tx a ❑ Express Mail ❑ Insured c v ❑ Return Receipt for Merchandise ❑ COD 7. Date/of /Delivery C� �7 i A l l and feet is paid) � TJ Don UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING MCION 7 County Ca ft DrW Orovill% CA 900W - If 6Count _0 LAND OF NATURAL WEALTH AN.D BEAUTY November 18, 1998 Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 Re: Use Permit, AP 040-280-092 Dear Mr. and Mrs. Piercy: 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 98-26 to allow Use Permit to allow an indoor dog training facility. 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. j P 084 635 290 Sincerely, V RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Thomas A. Paolo (See Reverse) I Director of Development Services Teri Bridenhagen Office Assistant III I Enc. cc: Land Development Division p , Building Division Environmental Health Department of Forestry j:\temp\up7 I 3 1 0 1 E o LL N CL Sent to Piercy Streel7and No. PCO. Box 1096 D ,w,tamand�lAP c� e938 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 S Postmark or Date 11-18-98 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Kenneth and Lynda Piercy, UP 98-26 DATE: November 18, 1998 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 040-280-092, was: Rezone from to zoning district. Granted a variance to -X Issued a conditional Use Permit to allow an indoor dog training facility, on the northeast corner of Goodspeed St. and Hutton Way, Durham area,A-10 (Agricultural -10 acres) f 46, APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 040-280-092 2. DESCRIPTION OF PROJECT: Use Permit to allow an indoor dog training facility 3. LOCATION OF PROJECT: on the northeast comer of Goodspeed St. and Hutton Way, Durham area 4. NAME AND ADDRESS OF PROJECT APPLICANT: Kenneth and Lynda Piercy, P.O. Box 1096,Durham, CA 95938 5. MITIGATION MEASURES: None 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 Count, Planning Divsion Date of Determination: October 8, 1998 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: -X— We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. N' Lambert, Chairman Butte Bounty Plamuunngy Commission , Date: ��os, " a '?9'fS • DECLARATION OF FEES DUE. (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 (530) 343-5171 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 O 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) 5w $25.00 Clerk's Documentary Handling FeeNOV 0 41998 . if 4 PAYMENT / NON-PAYMENT OF FEES: Z!! LRUB4cptteco.cleek 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16747 Deputy 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Dave Doody Title: Prin inal Planner Lead Agency: Butte County Doartment of Development Services Date: October 29, 1998 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. TffREE 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. . TO: NOTICE OF DETERMINATION 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 98-26, Use Permit AP Number: 040-280-092 Applicant: Kenneth and Lynda Piercy, P.O. Box 1096, Durham, CA 95938 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the northeast corner of Goodspeed St. and Hutton Way, Durham area Project Description: Use Permit to allow an indoor dog training facility This is to advise that the Butte County Planning Commission has approved the above-described project on October 8, 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 were, _X_ 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 Dave Doody Principal Plann j:\linda\noe.nod\nod.frm CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE- OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-26, on the northeast corner of Goodspeed St. and Hutton Way, Durham area Project Description: Use Permit to allow an indoor dog training facility 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. "vo 'Principal Lead Agency: County of Butte Date: October 29, 1998 j Ahnda\noe.nod\f&g.1et 0 October 12, 1998 Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 Re: Use Permit, AP 040-280-092, UP 98-26 • 6,atfe Co LAND, OF NATURAL WEALTH AND BEAUTY Dear Mr. and Mrs. Piercy: —. PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Planning Commission held October 8, 1998, your request for a Use Permit to allow an indoor dog training facility, 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, October 19, 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.frm Division a 564.7% I I, (�%fttleD W►tiL o wig � Lor y - 5.oZ At ' o - I i I 40-0 Go-° [� ' � 1 t 4r3e+s I PAb(�SEp � 75f ef p I6� 0 &AL,7. 40.0 Pofo%L119 l" G4 SU&. y Z y ti Z N rn O O ED C FIAJ i�4 8400 ow -r Aq ee l./mg-A I.8 -� p e � T-00, tJ I J faF— ... . po6o'X- 1696 P 4 CA -g59-6 • �. - ..- t COunt . v LAND OF NATURAL 'WEALTH --AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES -t• ' ` r. 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 i TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 September 30, 1998 Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 Re: Use Permit, AP 040-280-092, UP 98-26 Dear Mr. and Mrs. Piercy: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow an indoor dog training facility on the northeast corner of Goodspeed St. and Hutton Way, Durham area. 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 October 8, 1998, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Hackney 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\pclts\schedule.mrg 0 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Noticeof Public. Hearing ......................... No ................................................................. Dated ............ Sep t.�...18,199................................. at Chico, California. ........................... (Sie.ture) BUTTE COUNTY - .................................................................................... PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the ................................................................................... Butte County Planning Com- mission that a public hearing will be held on Thursday, Octo- AFFIDAVIT OF PUBLICATION ber8,1998, in the Butte County Board of Supervisors' Room, County Administration Ceider, 25 County Center Drive, Oro- State of California ville, California, regarding the following item: ss. County of Butte ITEM ON WHICH A NEGA- TIVE DECLARATION . RE- GARDING ENVIRONMENTAL IMPACTS HAS BEEN REC- The undersigned resident of the county -of OMMENDED. Butte,' State of California; says: 9:00 a.m. - Kenneth and Lynda Piercy - Use Permit to, allow an indoor dog training fa-' cility on property zoned A-10, That I am, and at all time herein mentioned (Agricultural - 10 acre parcels) , located on the northeast corner was a citizen of the United States and not a party of Goodspeed Street and Hut-' ton Way, identified as AP 040 - to nor interested in the above entitled matter; 02 -092, Durham. (SB) (UP 98-' that I am the principal clerk of the printer and The above mentioned appli-, publisher of cation, Initial Study, and map are on file and available tor; public viewing at the office of, the Butte County Development 1 The Chico Enterprise -Record — Services Department, Planning i Oroville Mercury Register. Division, 7 County Center Drive, oroville, California. For. information call: (530) 538-7601 I That said newspaper is one of general circula- (Monday through Thursday," tion as defined b Section 6000 Government y I men a.m. to 4: b fitted Com-? ments may be submitted in writ- � Code of the State of California, Case No. 26796 ing at any time prior to the:. hearing or orally at the meeting by the Superior Court of the State of California, liste a cater and for the County of Butte; that said newspa- dabo dats te.be you. tinuin challenge the above applica- per at all times herein mentioned was printed tions in court, you may be limit - ed to raising only those issues and published daily in the Ci of Chico and p y City you u someone else raised at the public hearing described in Count of Butte; that the notice of which the y this notice or in written corre- spondence delivered to the annexed is a true printed copy, was published in Planning Commission, at or pri- or to, the public hearing. said newspaper on the following days: BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, ' DIRECTOR DEVELOPMENT Sept. 18, 1998. SERVICES c2oslos Publish: 9/18, 1998 I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. Dated ............ Sep t.�...18,199................................. at Chico, California. ........................... (Sie.ture) ¢" Roberta Bica I "� no, CA 95355-41 U9 _ C u Pianning Division ) SEN 2 9-1998 Alf,®California �! & ) 74 i 2 6,afte C LAND OF NATURAL WEALTH A_ND .BEAUTY - PLANNING DIVISION �4E'✓s1t':pr�'1w� I .. ^ DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 September 30, 1998 Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 Re: Use Permit for Kenneth and Lynda Piercy on APN 040-280-092, File # UP 98-26 Dear Kenneth and Lynda: The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. If you have any questions regarding this environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, :5V roYc�&_ Stephen Betts Associate Planner Enc. K:\PROJECTS\UPC\PIERCY.UP\IS.L,ET Project: Kenneth and Lynda Piercy, File # UP 98-26 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Kenneth and Lynda Piercy 2.. Address: P.O. Box 1096, Durham, CA Phone: (530) 343-5171 3. Name of Proposal, if applicable: 4. Type of Project: Use Permit 5. Project Description and Location of Parcel(s): This application is for a Use Permit which will allow an indoor dog training facility. The site is located on the northeast corner of Goodspeed Street and Hutton Way in the Durham area. The site is zoned A-10 (Agricultural, 10 -acre minimum parcel size) and has a General Plan land use designation of Orchard and Field Crops. The project parcel is 5 -acres in size. As proposed by the applicants, people will bring their owns dogs to the site and will be instructed by the applicants on how to train their dogs. There will be one or two classes a day, several days a week. There will be approximately 8 to 25 people per lesson. A dwelling unit and an 8,400 sq. ft. building where the dog training will take place are proposed to be placed on the property. The project site does not contain any structures but has been planted with an almond orchard that is no longer in production. The site is located in a primarily agricultural and rural residential setting, with suburban residential uses to the north. Surrounding parcels have been developed with orchards. The project site topography is level and does not contain any waterways or unusual physical characteristics. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: 040-280-092 7. Date Checklist Submitted: September 29, 1998 H. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ■ Butte County Department of Development Services ■ Planning Division ■ Project: Kenneth and Lynda Piercy, File # UP 98-26 ❑ I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Completed by: Stephen Betts, Associate Planner Date L2_q Reviewed by: Dave Doody, P ncipal Planner Date M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ❑ Geophysical ❑ Water ❑ Air Quality ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards ❑ Noise EVALUATION OF ENVIRONMENTAL IMPACTS: ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis. 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. ■ Butte County Department of Development Services ■ Planning Division ■ 2 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced)..: 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IlVIPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan . designation or zoning? ✓ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? ✓ d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from ■ Butte County Department of Development Services ■ Planning Division ■ 3 • Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Resaonse: This request for a Use Permit will allow an indoor dog training facility. The A- 10 zoning does not specifically allow this use, but does allow with a Use Permit dog kennels, and public or riding stables and academies. The proposed use is similar in nature to these uses and is therefore consistent with the Zoning Ordinance. The site has a General Plan land use designation of Orchard and Field Crops. The Orchard and Field Crops land use designation does not list a dog training facility as primary or secondary uses but does list intense animal uses as a secondary use. The site is located within the Durham -Dayton -Nelson (D2N) Planning Area and as such is subject to the provisions of that Plan. One objective of the Plan is to "support the continued viability of agricultural production as the major source of income, employment and economic viability of the Planning Area: " Another objective of the Plan is to `protect agricultural lands which currently produce, or have the potential to produce, from encroaching urban uses. " Agricultural uses will still be possible on the site, although a small portion (approximately 15, 000 sq. ft.) of the existing almond orchard will have to be removed. Therefore, the project is consistent with the D2NPlan. Further, is should be noted that the existing almond orchard on the project site is not being maintained The loss of the almond trees for the building and parking area is therefore not significant. Even so, there will still be approximately 4.5 acres available for agricultural use on the project site. The proposed use will not be incompatible with adjacent land uses because the dog training sessions will take place inside a building. Dogs will not be allowed to run loose on the property and because the training will take place inside a building, barking dogs will not disturb adjacent residential uses. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ Ll • Project: Kenneth and Lynda Piercy, File # UP 98-26 C� Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ✓ b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ✓ c) Displace existing housing, especially affordable housing? ✓ Response: This project is for a Use Permit for an indoor dog training facility, not for a residential development. This project will not result in the loss of any existing dwellings, nor will it result in the loss of residentially -zoned land. The project will not induce substantial growth in the area. One single-family dwelling unit is allowed on the site under the A-10 zoning. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? ✓ b) Seismicity: ground shaking/ liquefaction? ✓ c) Seismicity: seiche? ✓ d) Landslides or mudslides? ✓ e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ E • Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? LJ Less Than Significant No Impact Impact Response: All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The project site is not located near any known earthquake faults (Butte County Constraints Map). Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. The project site is located in an area that has low soil erosion potential and there is very little potential for an increase in soil erosion due to the expected construction impacts. Additionally, due to the level topography of the site, it is expected that no significant erosion impacts will occur. Any fill placed on site will have to meet the requirements of Chapter 70 of the Uniform Building Code and will be compacted to accepted engineering standards and will not represent a hazard Therefore, the project will not create any unstable earth conditions or result in changes to geologic substructures. The soils in the project area are considered to have a low expansive potential. The site has no unique geologic or physical features that will be impacted by the proposed indoor dog training facility. Mitigation: None required. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ✓ b) Exposure of people or property to water related hazards such as flooding? V c) Discharge into surface waters or other alteration of surface water ■ Butte County Department of Development Services ■ Planning Division ■ 0 0 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially n Significant Less , Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact quality (e.g. temperature, dissolved oxygen or turbidity)?. d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? No Imps Response: No significant increase in surface water runoff are expected due to the proposed indoor dog training facility. The proposed 8,400 sq. ft. building will result in a very minor increase in the amount of water runoff from the site. Adherence to drainage standards of the Butte County Public Works Department is anticipated to mitigate possible impacts to the drainage system. Domestic water will be supplied by an on-site well. The project site is located in an area that contains large ground water aquifers. The dogs will be trained inside a building, and any dog wastes generated will be required to be disposed of in an on-site septic system, or gat-tb�6eu; Therefore, the project will not result in the reduction or degradation of ground water supplies in the project area. The project site is not located within any flood zones as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map for the project area (06017C -0520Q. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 7 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact - Impact 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? V/ c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? V Response: The proposal for a dog training facility will not create objectionable odors, smoke or fumes The proposed use will result in a cumulative impact on air quality created by increased traffic generated by the project. Currently, Butte County is in a non - attainment status for air quality. However, air quality has improved over the last three years, and the Butte County Air Quality Management District and Butte County Association of Governments recently submitted a redesignation request to the Environmental Protection Agency to certify Butte County as being in attainment of air quality standards. The Butte County Air Pollution Control Plan does not address the air quality impacts of small developments for possible mitigation measures, but does recommend particulate control strategies be implemented during construction. Construction impacts, such as grading and operation of construction vehicles, will create a temporary increase in dusfall within the immediate vicinity of the project site. No particulate controls are recommended for this project because of the very limited amount of grading that will be necessary for the 8,400 sq. ft. building where the dog training will occur. Dog excrement, if not properly disposed o, f, could create objectional odors. A condition of this project requires that dog excrement be disposed of in a manner approved by the Environmental Health Department. The applicants are proposing an on-site septic system to handle the waste. Only large projects such as the construction of large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, ■ Butte County Department of Development Services ■ Planning Division ■ N. 0 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated • Less Ilan Significant No Impact Impact or introduction of large tracts of vegetation where there was previously none, would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite/ offsite? e) Hazards or barriers for pedestrians or bicyclists? _ f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) Substantial impact upon existing transportation systems, including public transportation services? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 0 0 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The proposal will represent an incremental increase in vehicle traffic in the project area, mainly on Goodspeed Street. No trip generation data is available for a dog training facility, but the applicant proposes to have one to two classes only a few days a week. The classes will have 8 to 25 participants, which translates into 16 to 50 vehicle trips per class. Additional vehicle trips can be expected if the applicants have more classes than currently proposed A condition of this project will limit the number of classes to not more than two per day, with no more than 25 dogs. Traffic generated by this project will utilize Goodspeed Street to access the site. Although Goodspeed Street is relatively narrow, it has the capacity to handle the traffic generated by the proposed use. No individual parking spaces are shown on the site plan for the project, but there is adequate space available on the site should additional parking spaces be needed. A condition of this project will require that the applicant submit a plan showing the number and location of parking spaces. Handicapped parking spaces will be required. The condition will also prohibit parking on Goodspeed Street. Public transit to the project site is currently not provided due to the relatively low density and lack of sufficient demand The provision of public transit will be made available in the future as the level of demand warrants the extension of service routes. The proposal will not affect air or waterborne traffic because the project is not located near any such facilities. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g. heritage trees)? ■ Butte County Department of Development Services ■ Planning Division ■ 10 LJ Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Locally designated natural communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? Response:. The project site has been developed with an almond orchard and most of the native vegetation has been removed A small portion of the almond orchard will have to be removed to make room for the proposed 8,400 sq. ft. structure and for a parking area, but no native oaks or other native vegetation will be removed. No rare or endangered animal species are found on the project site. The proposed project, an indoor dog training facility, will introduce dogs onto the site. However, the dogs will be required to be kept on leash when outside of the training facility. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? ✓ b) Use non-renewable resources in a wasteful and inefficient manner? ✓ c) Conflict with the extraction of identified, significant mineral resources? ✓ Response: The proposal for an indoor dog training facility will not significantly affect any natural resources nor will it substantially deplete any natural resources. Construction material necessary to develop future improvements resulting from this project are readily available from numerous sources in the area. The project site is not known to contain any significant mineral resources. ■ Butte County Department of Development Services ■ Planning Division ■ 11 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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) Possible interference with an emergency response plan or emergency evacuation plan? V c) The creation of any health hazard or potential health hazard? V d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Response: The proposal will not involve significant use of hazardous materials, nor is located close to any facilities which store or utilize such materials. Wastes from the dogs, if not properly disposed of, could create a possible health hazard. However, a condition of this project requires that the applicants dispose of dog excrement in a manner approved by the Butte County Environmental Health Department. Therefore, no health hazard will be created. The project will not affect emergency services planning. The project design and implementation will not cause any impacts to current evacuation plans. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ■ Butte County Department of Development Services ■ Planning Division ■ 12 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially significant Less Potentially Unless Than Significant Mitigation Significant.` No Impact Incorporated Impact Impact b) Exposure of people to severe noise levels? V/ Response: The project will result in a incremental increase in noise created on the project site. Construction noise, such as heavy equipment, power saws and hammering can be significant, especially during noise sensitive hours. Construction activities would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. This construction noise, especially grading equipment, will not have a significant impact on nearby residents because the noise will be intermittent and short-term in nature. The primary noise generated by the proposed use will be from vehicles arriving and departing the site. This is not expected to be significant because of the low numbers of vehicles arriving or departing at arty one time. A condition of the project limits the number of classes per day to two, and the number of dogs per class to 25. Barking from the dogs undergoing training on the site is not expected to be significant. The dogs will be trained inside an enclosed building which will prevent the barking from disturbing adjacent residential uses. Conditions of this project will require that all dog training take place inside an enclosed building. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? . V b) Police protection? V c) Schools? V d) Maintenance of public facilities, including roads? V e) Other governmental services? V Response: The project site is located in an area designated as an unclassified fire hazard area, indicating that the site is in either an agricultural or urban area. The closest fire ■ Butte County Department of Development Services ■ Planning Division ■ 13 `1 Project: Kenneth and Lynda Piercy, File # UP 98-26 to Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact station is Station # 45, which is located approximately. 6 miles to the north of the site. The project will represent an incremental increase in the need for fire protection services, but no new or altered fire protection services will be required due to the proposed use. The proposal will not cause an incremental increase in demand for police protection services. The proposal will not result in an incremental demand for school facilities in the area. The proposal will result in an incremental increase in the need for maintenance of roads in the project area. Deterioration of off-site road surfaces due to the project will be minimal because of the incremental amount of traffic generated by the project. Heavy vehicles, which typically cause the most roadway damage, will not be expected to use these roads to access the project site. Mitigation: None required. 12. UTII.ITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Special Districts? Response: The proposal for an indoor dog training facility will not utilize substantial fuel or energy. For the short term, the use of energy will be limited to that fuel needed to operate the machinery needed to construct the access road, prepare the site, and construct the training facility. For the long term, energy will be required to heat, cool and light the ■ Butte County Department of Development Services ■ Planning Division ■ 14 • Project: Kenneth and Lynda Piercy; File # UP 98-26 11 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact facility. The project will not create a strain on existing energy supplies in the county because a significant portion of the electricity needs in Butte County are generated by hydro -electric plants which is considered a renewable source of energy. The project is an area presently served by Pacific Gas & Electric, which forecasts energy consumption in. their service area and provides facilities planning. The proposal for an indoor dog training facility will not substantially increase the demand for energy because PG&E has adequate resources for the generation of electricity. The project would increase the stream of waste being deposited in the Neal road Landfill by a very incremental amount. The Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. To ensure adequate landfill capacity up to and beyond 2018, Butte County will be updating its solid waste management plan every three years to identify needed landfill sites. There is no mandatory garbage pick-up service required in the rural areas of the County. The applicants may wish to dispose of solid wastes from the dogs at the County landfill. Sewage disposal will be by means of an on-site septic system. The applicants have proposed to dispose of solid wastes from the dogs in an on-site septic system. Any septic systems installed on the project site will have to meet the requirements of the Butte County Environmental Health Department. An on-site well will supply the domestic water needs for the project. Because of the number of people who may use the site, 'the on-site water system may have to meet the standards of a public water supply system. The Butte County Environmental Health Department will determine the type of water system that will be used on the site. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? V b) Have a demonstrable negative aesthetic effect? c) Create light or glare? V ■ Butte County Department of Development Services ■ Planning Division ■ 15 Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The placement of the proposed 8,400 sq. ft. building on the project site will not have an aesthetic effect because the building will not be out of character for the area. There will most likely be outside lighting for safety and security reasons, but these lights are not expected to give off large amounts of light. No high intensity lights are proposed. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ✓ b) Disturb archaeological resources? ✓ c) Affect historical resources? ✓ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ✓ e) Restrict existing religious or sacred uses within the potential impact area? ✓ Response: The project site is located in a general area characterized as having a high archaeological sensitivity (Butte County Archaeological Sensitivity Maps & DM1 EA). However, the location of the site is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. Additionally, the soil on the project site has been disturbed due to the agricultural use on the property and any archaeological resources that may have been there have been extensively disturbed. Therefore, no impacts to cultural resources are expected to occur. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? ■ Butte County Department of Development Services ■ Planning Division ■ 16 is Project: Kenneth and Lynda Piercy, File # UP 98-26 Potentially Significant Less Potentially Unless Than significant Mitigation Significant No Impact Incorporated Impact Impact b) Affect existing recreational opportunities? Response: The proposal for an indoor dog training facility will not result in an incremental increase in the demand for park and recreation facilities in the area. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of 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 ■ Butte County Department of Development Services ■ Planning Division ■ 17 0 Project: Kenneth and Lynda Piercy, File # UP 98-26 connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? _ Response: As discussed in Section 4, this proposal will not have a significant cumulative impact on the environment, will not expose humans to hazards, and will not cause any cumulative impacts. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: None DATA SHEET A. Project Description 1. Type of Project: Use Permit of an indoor dog. training facility. 2. Proposed Density of Development: 8,400 sq. ft. building on a 5 -acre parcel. 3. Amount of Impervious Surfacing: Minimal - approxmiately 4% of the parcel. 4. Access and Nearest Public Road(s): Property fronts on Goodspeed Road.. 5. Method of Sewage Disposal: On-site septic system. 6. Source of Water Supply: On-site well. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under the current A-10 zoning of the site. B. Environmental Setting 1. Terrain a General Topographic Character: Level. b. Slopes: Average of 0-1%. C. Elevation: 145 ft. above sea level. d. Limiting Factors: None. ■ Butte County Department of Development Services ■ Planning Division ■ 18 0 0 Project: Kenneth and Lynda Piercy, File # UP 98-26 2. Soils a. Types and Characteristics: Vina loam, a brown loam 2 to 3 feet thick with high organic matter. Good permeability and drainage are common. It is excellent for irrigation. This is considered a high quality agricultural soil. b. Limiting Factors: None. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low. C. Landslide Potential: None. d. Fire Hazard: Unclassified. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: None. b. Ground Water: Abundant valley aquifers. C. Drainage Characteristics: Natural absorption. d. Annual Rainfall (normal): 24 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. 8. Vegetation: Almond orchard. 9. Wildlife Habitat: Small mammals and bird species common to valley orchard areas. 10. Archaeological and Historical Resources in the area: High archaeological sensitivity area. 11. Butte County General Plan designation: Orchard and Field Crops. 12. Existing Zoning: A-10 (Agricultural, 10 -acre minimum parcel size). 13. Existing Land Use on-site: Almond orchard (unmaintained). 14. Surrounding Area: a. Land Uses: Orchards, rural residential, suburban residential. b. Zoning: A-10, SR -1 C. Gen. Plan Designation: Orchard & Field Crops, Medium Density Residential. d. Parcel Sizes: 1.7 to 7 acres. 15. Character of Site and Area: Rural & Suburban residential, small parcel agricultural. 16. Nearest Urban Area: Durham. 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station # 42, approximately .6 mile to the north. b. Water Availability: Fire tankers. 20. Schools: Union School District: Durham Unified School District. ■ Butte County Department of Development Services ■ Planning Division ■ 19 Project: Kenneth and Lynda Piercy, File # UP 98-26 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safetv Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safetv Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville(1926)Area United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville 1926) Area United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTSIUPC\PIERCY.UP\PIERCY.IS ■ Butte County Department of Development Services ■ Planning Division ■ 20 Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, October 8, 1998, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:00 a.m. - Kenneth and Lynda Piercy - Use Permit to allow an indoor dog training facility on property zoned A-10 (Agricultural - 10 acre parcels) located on the northeast corner of goodspeed Street and Hutton Way, identified as AP 040-028-092, Durham. (SB) (UP 98-26) 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 Chico Enterprise Record on Friday, September 18, 1998. JAWPDOCSTUBLISI- WND.MM V 564.7 7 Tanning ,Givislon J U t] 1 0194q3 koville, callforflia 0 I C -D r O � Saf,c Lor1 - 5.o2 At A S n/, I --- �. I. C> Jc UuE e 0 . �.�0 -a a 7 Y- a 1 '.'; i ¢utvgm.ls- G.4an. ve,.K,.��: - �%�0►� �l�% (a-y1� T. — :. .. riot R04 "-- 50, Oi�d afl LB 9'2 Du><►-1PrA,CA. Pbfov.919 I" Co 596(0. 9a of�. WAIL4 � Rt Kay � 9f1�• � EI�C� I r�6fi� I �1(� . 5� i-� b Z RAd J'4 8400S41q' Ayt eLIV'NKAL � pay IJIJ c ry I.... ' OfOIL 1a9,CA - g591, OI" CA 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 September 14, 1998 Kenneth and Lynda Piercy P.O. Box 1096 Durham, CA 95938 Re: Use Permit for Kenneth and Lynda Piercy on APN 040-280-092, File # UP 98-26 Dear Kenneth and Lynda: Enclosed please find copies of the comments we have received from other Butte County agencies regarding your application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. Please note that the Building Division will not allow the proposed 8,400 sq. ft. structure to be an agricultural building. The building must be designed for human habitation. Please contact the Building Division (538-7541) if you have any questions concerning this requirement. Also please note that the Environmental Health Department will require that the water supply for the proposed building meet the requirements of a public water supply system. This is because numerous people will utilize the water supply on the site. Please contact the Environmental Health Department (891-2727) if you have any questions concerning this requirement. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner encl. K:\PROJECTS\UPC\PIERCY.UP\COMMENTS.LET SR -1 AR A-10 OFC A-20 Hanlon Road r UP 98-26 AP# 040-280-092 Kenneth Piercy M - PUD -5 la n A-5 AR CO O obi 3 o 0 A-10 ProjectLocation +� w LEAD - 0i SHEET FILE NO: up 98-26 AP# nAn-qRn—nA7 APPLICANT: Kenneth and Lynda Piercy, P.O. Box 1096', Durham, CA 95938 Name Address OWNER: Lee Colby, P.O. Box 540, Durham, CA 95938 Name Fess RESPRESENTATIVE: Name REQUEST: L,6k A uSE PFkMf HLLD N _ .A SA -,/;ZE PARCEL ZONED A � --� �c c,47—r^ AT %�1E Nd�'�%EAST CO2NEQ Of� GODVSPFto ST f�NO N6/iiDA/ WAY /fV 72E ONRN.4M AREA SIZE: S'. c, 2 4 c.r-eS LOCATION: SUPERVISORAL DISTRICT.# ¢ ZONING HISTORY: ?--25 SURROUNDING ZONING: SURROUNDING LAND USE: EXISTING ZONING: 44--!5' A— I SITE HISTORY: GENERAL PLAN DESIGNATION: r �� � Ficl� Cro►�� APPLICABLE REGULATIONS: Planning Division k:\forms\lead-in JUN 1 01998 ®rovilla, California ob COMMENT DISTRIBUTION LIST APPLICATION: Kenneth and Lynda Piercy DATE: June 11, 1998 County Offices and Cities: Themalito Irrigation _ Chief Administrative Officer Environmental Health _ X_ Sheriff _ _ LAFCo _ Biggs _ _ Oroville ALUC Irrigation District: _ Butte Water _ OWID _ Table Mountain Irrigation Domestic Water Butte Water District _ OWID _ Sewer Biggs/W. Gridley Water _ Durham Irrigation Paradise Irrigation _ Richvale Irrigation Thermalito Irrigation _ Other California Water Service Co. Del Oro Water Co. 11p� Thermalito Irrigation District Other IrP,ti. r Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Develop. Services Director ✓X Public Works Director Assessor �, Building Manager BCAG ALUC APCD _ El Medio Fire Protection District Butte Co. Farm Bureau Gridley Chico Paradise Feather River Rec. & Park Chico Airport Commission _ Richvale Recreation & Parks Agricultural Commission Biggs/W. Gridley Water _ Durham Irrigation Paradise Irrigation _ Richvale Irrigation Thermalito Irrigation _ Other California Water Service Co. Del Oro Water Co. 11p� Thermalito Irrigation District Other IrP,ti. r Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Faire Protection ✓X_ California Department of Forestry _ El Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Feather River Rec. & Park Paradise Recreation & Park _ Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV _ 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.] Council _ Paradise Pines Com. Assoc. _ Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Building Division FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth and Lynda Piercy, UP 98-26 DATE: September 3, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow an indoor dog training facility on property zoned A-10 (Agricultural -10 ac�esl located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 22, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 17, 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): Planning Divi§On W.Af/11' 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 A1G µ RECQED SEP 0 q 1998 BUTTE COUNTY BUILDING DIVISION MEMORANDUM TO: Steve Hackney FROM: Karen M. Lockhart DATE: July 6, 1998 RE: Linda Piercy/Dog Training Center Use Permit As per our telephone conversation, please have the following statement included on the use permit: "Comply with Public Health Department requirements for the provision of domestic water to the public." Any questions, please do not hesitate to contact me at 538-7282. PlanIfInOvIe'O" J U l 0 7 i998 ®ro�iil®, California Environ' ental Health BUTTE COUNTY JUN 1 1 Im DEPARTME PLANNING DIMS ENOF T SERVICES Chko, Califotnja TO: Environm_eWAJIealth FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth and LyndayPiercy;UP'98-26 DATE: June 11, 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 Use Permit to allow an indoor dog training _facility on property zoned A-10 (Agricultural -10 ac�esl located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 22, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 25, 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: lC Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Planning nivlsign JUN 251998 Orovillo, CaN ornia CftntY BUTTE COUNTY ASsLasSor$ O DEPARTMENT OF DEVELOPMENT SERVICES ��iCe PLANNING DIVISION JUN 11 1998 TO: Assessor oro IIlle, California FROM: Butte County Planning Division RE: Request for Comments on a Development Applications Kenneth and Lynda Piercy, UP 98126 DATE: June 16, 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 to allow an indoor doe training facility on property zoned A-10 (Agricultural -10 acre} located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 22 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 30,1998. 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): u IV 1 103 1998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 DrOV111000alifornfa BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth andYL-ynda;Piercy UP 98-26 DATE: June 16, 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. Detemune 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 to allow an indoor doe training_ facility on property zoned A-10 (Agricultural -10 acresl located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 22 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 0,1998. 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 4 0'7,0 606 1011 R.A v u Govt ' / 3 • DuRNAN ClNI`i Eo S.D. 4. Rohr£ roLLEGE .5. CSA Ne. /64 I_ook'S 11kW A Go ov , CL£An/ UfE . v 1398 By: J /-*0g is LurAs Date: G//P��r ®rOviHg, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 to Go BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO:-Ca1ifo- rnia-Department of Fore --I y FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth and Lynda Piercy, 98-26 DATE: June 16, 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 to allow an indoor dog training facility on property zoned A-10 (-Agricultural-10 acresl located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 22 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 0, 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): pllYIYYY'ii�i i'sdp�8'W`Savwre iU�M8 '�y�,` i ale, California By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ✓'. "4- k #a BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application:fKenneth and Lynd� a Piercy,rUP 98-26 DATE: June 11, 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 Use Permit to allow an indoor dog training fa ihly on property zoned A-10 (Agricultural -10 gyres) located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. . Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 22, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 25, 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): 1 Ca By: Date:. yl�� Planning Division 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 JUN 15 1998 Orville, California 'Al01NMOIRM aNY1 3WS j0 A1NF100 866111Nnr ®3AI333H r 4 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Kenneth and Lynda Piercy DATE: June 11, 1998 AGENT: APN: 040-280-092 FILE #: UP 98-26 PLANNER: PROJECT DESCRIPTION: Use Permit to allow an indoor dog training facility Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS X1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 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 X1. 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 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. 0 .6 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth and Lynda Piercy, UP 98-26 DATE: June 16, 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 to allow an indoor dog training facility on property zoned A-10 (Agricultural -10 acresl located on the northeast corner of Goodspeed St. and Hutton Way, Durham area, identified as APN 040-280-092. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 22 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 30,1998. 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: Kenneth and Lynda Piercy AGENT: FILE #: UP 98-26 0 DATE: June 11, 1998 APN: 040-280-092 PLANNER: PROJECT DESCRIPTION: Use Permit to allow an indoor dog training facility 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. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING _ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. —2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. —3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A.permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 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 • 1 0 area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction.in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: —2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. —2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 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. • • Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. , 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. dor I"- 50, PFO o6 -to --qt I)LIO"rA,cA• S.oZ AC an -O ' to- v God I ZuwE e I X fu L-94. W jpO0 clm- ex 401-0 /�>so�91y IWfi CA• 596, ?moi MIN. WrXIL4 At'A Ow Ranning Division JUN 1'0 1998 roville, Callfomla 611 RPJ 44 SOO Qik Agiet' LIVTUf-AL SWr • � pay r��11�ci C�r�• �.... �,J#t-Y�lvp �I�f 5�0.3�3.51�1 pofox 1096 IDLQNd►-1,CA, g593v 491 -of I- g DIvisionf 10 1998 California 514.7 7 I I Fi�oftY'.eA Wctil t' I � o I f Lor y - 5.01 AC Q' O n I 75'�ff � • ; 30' 10 - I _. ' I6� POO clP ti Y I ;t3.eo R,p►� � 84o�SnK. oti�►c��T��a� $�.or,. Dior Ro+J �"= 5v' � p, y TSI ►J 1 J h C�+�ta� �- ... . 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