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Home My WebLink AboutUP 99-06December 22, 1999 Dee Schuller 33051 Jefferson Way Fort Bragg CA 95437-8305 Re: Use Permit 99-06 Dear Ms. Schuller, • LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 This letter is a reminder that condition # 7 of Use Permit 99-06, approved by the Butte County Board of Supervisors on February 9, 1999, requires you to apply for a review of the permit conditions. The wording of the condition is as follows: "No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publicly noticed hearing, the .cost of which shall be borne by the applicant." As indicated by the condition, this Department must receive your request for review no later than January 10, 2000. Please include $150.00 to cover the cost of the public hearing. If you have any questions regarding this matter, please contact me at (530) 538-7601, Monday through Friday, 8 a.m. to 4 p.m. Sincerely, Craig Sanders Senior Planner cc: Bill Ward 1 Law Office Of William A. Ward A PROFESSIONAL CORPORATION October 5, 1999 Stephen Betts, Associate Planner Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965-3397 Re: Use Permit 99-04 Applicant: Dee Schuller Dear Mr. Betts: #9 WILLIAMSBURG LANE CHICO, CALIFORNIA 95926 (530) 342-2225 FAX 342-7920 Herewith please find copy of a letter from Robert Heaton, who is the architect retained by Dee Schuller to re-engineer and correct deficiencies in the metal building at the kennel site. You will recall that the building had previously been exempted as an agricultural use. However, to meet condition #12 of the permit, because the contractor and engineer who installed and designed the building were not responsive or cooperative in any way, it was necessary to essentially start over. The initial application with as -built plans was provided to the Butte County Building Depart- ment in June 1999. The Building Department rejected the plans as submitted and required that the building be re -engineered (see enclosed letter dated July 21, 1999, authored by Martha Whitney). The re -engineered building plans were submitted to the Building Department on September 28, 1999. The foregoing information is submitted to demonstrate that the applicant, working through professionals, has been diligent and is making good faith efforts to comply with the time constraints of the permit. The enclosed copy of Mr. Heaton's letter indicates it is likely there will be additional delay in obtaining approval of the Building Department. For this reason, applicant Dee Schuller requests that the compliance time for the conditions of the permit be extended an additional reasonable period of time to allow for the plan check and approval process to be completed in order to satisfy all conditions. If this request requires Commission approval, please consider this letter as Dee Schuller's Stephen Betts, Associate Planner October 5, 1999 Page 2 request for review and an extension of the time for compliance with permit requirement #12, and because item #12 must be satisfied first, conditions #10 (septic system), and #15 (kennel permit). If there is any problem with the foregoing request, please advise at .your earliest moment. Thank you for your anticipated courtesy. Very truly yours, LAW OFFICE OF WILLIAM A. WARD A Professional Corporation William A. Ward WAW/jbt Enclosures cc: Dee Schuller Traci Needles Robert B. Heaton, Architect PiaMina®avision 0 C T n 6199 ®roville, Calffornia ROBERT B. H E AT O N 4 October 1999 architect 2044 PALM AVE. CHICO, CALIFORNIA 95926 RECEIVED TELEPHONE 916/343'8038 aC.T 0 5 1999 WILUAtiy1 A. WARD, P.C. William A. Ward, Attorney COPY 9 Williamsburg Lane Chico, CA 95926 Re: Dee Schuller — Dog Kennels In reply to your letter of September 29, 1999, the septic system will probably not be completed by October 9"'. It will not be possible to install the drain gutters until the building modifications are completed. The plans for building modifications have been submitted to Butte County for plan checking, and we are currently obtaining bids from 2 contractors for the work. At the present time, Butte County does not have an in-house plan check engineer, and all structural. plan checks are sent out to various agencies. They currently do not even give estimated time for plan checks. Because of the time lag in plan checking, it seems only reasonable that the deadline for completion should be extended, as we cannot do any work until a permit has been issued. Please contact me if you have any questions or comments. Sincerely, Robert B. Heaton, Architect Cc: Dee.sxhuller . Traci Needles 1 July 21, 1999 Traci Needles 13213 Orchard Blossom Ln. Chico, Ca. 95973 Assessor Parcel Number: 006-001-105 Building Permit Number: 99-1433 0 The above referenced building plans were reviewed by this office. Please respond in writing to each comment by creating a response letter. Indicate which detail, specification, or calculation shows the requested information. Your complete and clear responses will expedite the re -check and approval of this project. Please be sure to include on the resubmittal the engineer's "wet" stamp, signature, registration number and expiration date on all sheets of plans depicting the designed elements and cover sheets of calculations. Provide additional information and/or make revisions to plans, specifications and calculations as follows: 1. Provide complete engineering on metal building. Foundation design will not be checked without the building design. 2. Provide number of people who will be employed at this location including business owner. 3. Occupant load is determined per square footage of structure and occupant load factor per Table l0A UBC. Revise occupant load on the plans. 4. Sliding door may not be used as an exit door. Any additional doors provided for egress may not be sliding doors. Maximum exit door leaf width is 4 feet. Revise plans to provide appropriate doors. Sec. 1004.7, 1004.8 and 1004.12 UBC. 5. Provide number of multi -outlet branch circuits -provided for this structure. 6. This structure is considered at "wet location" and shall meet all requirements of the NEC for such locations. Architect of record is to note such directly on the plans. 7. Enclosed is your school fee form. Pay any required fees at district office and return yellow copy to the building department. 8. Provide clearance from Enviromental Health department before issuance of permit 8. Provide clearance from Enviromental Health department before issuance of permit 9. Provide clearance from Land Development department before issuance of permit. 10. Provide clearance of Planning department before issuance of permit. Clearances from other departments for issuance of building permit is the responsibilty of the permit applicant. Plan check will resume upon reciept of all of the above items. Additional items may be required when your plan check is resumed. If you have questions about any requirements, you may contact meat (530) 538-7541 between the hours of 1:00 p.m. and 4:00 p.m., Monday through Friday. Sincerely Martha tney Plans xaminer cc. Robert Heation, Architect 2 -Law Office Of William A. Ward A PROFESSIONAL CORPORATION September 29, 1999 Stephen Betts, Associate Planner Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965-3397 Re: Use Permit 99-04 My Clients: Dee Schuller and Traci Needles Dear Mr. Betts: #9 WILLIAMSBURG LANE CHICO, CALIFORNIA 95926 (530) 342-2225 FAX 342-7920 Pl0nTd1n91YJ\ On SEP 3 0 1110,0 01nia This letter is written to advise you of a change of address for my client Dee Schuller, who is the applicant for the above -referenced permit. The new address is: Dee Schuller 986 Glass Beach Drive Fort Bragg, CA 95437 Telephone: (707) 962-9322 I am also taking the opportunity to provide you with an update respecting compliance with the permit conditions. If your records indicate a difference would you kindly give me a call. Conditions of approval that remain open: Item #6 - Agricultural Maintenance Plan. On behalf of Dee Schuller, Dick Roper wrote the County Agricultural Commissioner on February 26, 1999 asking for written approval of her Agricultural Maintenance Plan. Mr. Roper followed up that request telephonically. Nothing has been received. I enclose a separate statement on behalf of Dee Schuller which discloses her intentions and agricultural maintenance plan, and ask that it be accepted as satisfaction of condition #6. If you decline to do so, please advise. V Stephen Betts, Associate Planner September 29, 1999 Page 2 Item #10 -Septic System. The septic system has been installed in accordance with the County requirements. I do not know if your Department has received verification. If not, would you kindly let. me know at once. Item #12 - Plans and Calculations. To make a long story short, this condition has been the most worrisome. I will not bore you with the history of repeated efforts to obtain as -built plans from the original contractor and engineer who provided the plans. The entire building has now been engineered and appropriate plans and calculations submitted to the Butte County Building Department on September 28, 1999 by architect Robert Heaton for Building Permit #99-1433. Mr. Heaton has taken Dick Roper's place in seeing this project completed since Dick left private employment and is now working for the California Department of Transportation. It is my understanding that all other conditions of the permit have now been satisfied or are in progress and will be satisfied shortly when the Building Department approves the plans. In that regard, I understand final approval of the septic system is waiting for the building permit, and in turn the kennel license is dependent on approval of the septic system. If there are any items you identify which would result in any problems for my clients, would you please let me know at your earliest opportunity and every effort will be made to satisfy or provide a solution. Thank you for your continued courtesy. Very truly yours, LAW OFFICE OF WILLIAM A. WARD A Professional Corporation William A. Ward WAW/jbt cc: Dee Schuller Traci Needles planning DIM10n SEP 3 .®roville, CaM0111ia .3 Law Office Of William A. Ward A PROFESSIONAL CORPORATION September 29, 1999 Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Re: Use Permit #99-04 A.P. #06-01-105 Dear Gentlepersons: #9 WILLIAMSBURG LANE CHICO, CALIFORNIA 95926 (530) 342-2225 FAX 342-7920 Butte County Agricultural Commissioner 316 Nelson Avenue Oroville, CA 95965 This letter is intended to satisfy condition number 6 of the Conditions of Approval imposed for Use Permit #99-04, granted to applicant Dee Schuller on February 9, 1999. This letter is in supple- ment to the Agricultural Maintenance Plan submitted in the letter dated February 26, 1999 by Roper Associates on behalf of the applicant. This will confirm that Dee Schuller plans to and will continue farming the almond orchard on the parcel where the dog kennel facilities are located; has no intention to abandon or change from farming almond orchard; and will continue to maintain good farming practices. The Butte County Agricultural Commissioner is hereby requested to confirm in writing to the undersigned and to the Planning Division that this letter and the enclosed letter of Dick Roper dated February 26, 1999, satisfy the condition of providing an agricultural maintenance plan. If anything else is needed, please advise and we will make every effort to comply. Very truly yours,- LAW ours; LAW OFFICE OF WILLIAM A. WARD A Professional Corporation William A. Ward WAW/jbt Enclosure cc: Dee Schuller Traci Needles Planning Division SEP 3'0 1999 ®roville, C ` ornia ROPER ASSOCIATES 1346 LONGFELLOW AVENUE - P.O. BOX 885 CHICO, CALIFORNIA 95926 TELEPHONE(916)342-2059 FAX(916)342-6887 7ebruary 26, 1999 Richard Price Butte County Agricultural Commissioner 316 Nelson Avenue Oroville, California 95965 Dear Mr. Price, This is in regards to the Dee Schuller Use Permit for an existing dog kennel located on Orchard Blossom Lane. One of the conditions of approval is to provide an agricultural maintenance plan. A copy of the use permit with the conditions is enclosed. This property is known as Butte County Assessor's Parcel No. 06-01-105 and is approximately 39.87 acres. In the Southwest corner of the parcel there is an existing residence with a stable and also some metal grain bins. This area is approximately 0.50 acres. In the Southeast corner of the parcel there is an existing residence and dog kennel with improvements. This area is approximately 2.30 acres. Enclosed you will find the map that was submitted with the application for the use permit. Sheet 1 shows the relation of the two areas of improvement and Sheet 2 shows the detail of the dog kennel and residence. The balance of the parcel is an existing almond orchard, being approximately 37.07 acres. In the Southeast corner the area has been cleared of the almond trees. The purpose for choosing this site for the kennel and residence is that the trees were not doing well in this area, so it seemed logical to remove poor trees over healthy producing trees. The first row of trees to the West of the fence at the kennel is approximately 48' and the first row of trees to the North of the fence at the residence is approximately 45'. There have been some barrier trees planted to the West of the kennel in the open area between the orchard and kennel. It is the intent of the owner, Dee Schuller, to continue the current farming practices that have taken place for many years. At this time there are no plans to expand the kennel facility or the residence area. This kennel facility and residence have been in place for approximately 1 year and there has not been a problem with the farming compatibility and the kennel operation. The farming operation is not going to do something that will endanger the kennel, as Dee is involved with both operations and she would like both to be viable commodities.. Please sign off on this condition with the Planning Department or notify us what is needed to meet this condition. We would request a written statement on your decision which you can send Planning Division MAR 0 1 1999 r-rnuilia. California to Roper Associates. Thank you for your prompt. response. Very truly yours, `4t1 12 Richard R. Roper 0 cc: William A. Ward, #9 Williamsburg Lane, Chico, Ca. 95926 Traci Needles, 13213 Orchard Blossom Lane, Chico, Ca. 95973 Dee Schuller, 424 W. Shasta Ave., Chico, Ca. 95973 Stephen Betts, Butte County Planning Department, 7 County Center Dr., Oroville, Ca. 95965 4 4� Inter -Departmental Memorandum To: Steven Betts From: Ted Crawford Subject: Dee Schuller Use Permit, UP 99-06, AP #006-010-105 Date: April 14, 1999 The Fire Department access requirements have been completed for the referenced use permit at 13213 Orchard Blossom Lane in Chico. If there are any questions please contact me at 538-7994. CC: Chrono Dick Roper Associates COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES *BANNING DIVISION County Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED 1J" c T.i o W F- su 2 39 9 .3 cc5 12XP411 u•a, voit�ce Dee Schuller 51 e erson Way Fort Bragg CA 95437-8305 SCHU051 "�5437308B 1649 05 12/ad/99 SETURN TO SENDEn 1 SCHULLER DISC INC I 986 GLASS REACH DR I FORT BRAGG CA 95437-3063 III life I,I,LI,,JIM if III III Ii,1'1,,,I,{,,,i{,i,1111,1111„,11,1,,:1fit till If' • VA 3. The total number of dogs on the property shall not exceed 25 dogs: 20 German shepherds in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. 4. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties.can . state.their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. ' 6. An agricultural maintenance plan, which provides for the continuation of existing i,agricultural activities, `shall be submitted to-'nd approved by the Agricultural Commissioner and Planning Division prior to issuance of the Us6 Permit'' •7: T No later than 30.days prior -to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the. Planning Office for review, for compliance with the conditions of.this permit. This review shall be scheduled for a publicly - noticed hearing, the cost of which shall be borne by..th6 applicant: 8. Applicantmust also comply with all other applicable State and local'statutes, ordiriances and regulations. { Fire Department - 9. Provide an all weather access of at least 10 feet wide and with.a vertical clearance of 15 feet that will, accommodate a 40,000 pound fire apparatus to all structures. Env'.ror mental Health Division )'0: Prior to issuance of a Use Permit, a septic system to handle wastes'from the dogs shall be installed under permit from. the Butte County Envir"onniental Health Division, The kennel operator shall clean and remove all excrement from the kennel at least twice: per day and dispose of excrement in the septic system. " All waste water from the, kennel shall be discharged,into the septic system. The septic tank -shall be pumped as needed or as directed, by the Butte County Environmental Health Division; (MM) 11. Remove andproperly-dispose. of animal wastes at least twice a'day. . Building Division 12. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current, Building and Zoning regulations. 13. Prior to building permit. issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate `in effect at the time of acceptance of the application. Such fees may include, but S January 31, 2000 Dee Schuller 986 Glass Beach Drive .Fort Bragg, CA 95437 ,wite Co L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 006-010-105, UP 99-06 Review Dear Ms. Schuller: Enclosed is a copy of the Agenda Report concerning review of your Use Permit to allow a dog kennel for up to 20 dogs and 5 family pets on property zoned A-20 located on the west side of Orchard Blossom Lane, in the Nord 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 February 10, 2000. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Bill Ward, Attorney Roper & Associates j:\wpdocs` pc I is\schedule.m rg DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: File UP99-06 From: Craig Sanders Subject: Site inspection Date: January 5, 2000 This morning I performed an unannounced site visit for Use Permit 99-06, Dee Schuller, to allow a kennel on APN 006-010-105. The status of the conditions is as follows: 1. The fence has been constructed. It is 6' in height and made out of cedar. Condition met. 2. No commercial boarding was in evidence. Use in compliance with this condition. 3. There were less than 25 dogs on site. Use in compliance with this condition. 4. No complaints have been received on this use during the past year. Use in compliance with this condition. 5. All dogs on site were secure and under control. Use in compliance with this condition. 6. Agricultural plan submitted. Use in compliance with this condition. 7. Applicant has been notified of this requirement. 8. Applicant appears to be meeting this condition. 9. All weather access provided to within approximately 40' of all structures. Condition met. 10. Septic permit issued and system installed. Awaiting building inspection to final septic permit. 11. No animal wastes visible. Use in compliance with this condition. 12. Plans have been submitted to Building Division. Awaiting additional information before issuance. 13. Fees paid at time of building permit application. Condition met. 14. Condition met. 15. Operators have a valid kennel license. Use in compliance with this condition. 16. No nuisance barking evident. No complaints have been received. Use in compliance with this condition. As previously stated, this was an unannounced visit. I found the kennel to be in immaculate condition. All dogs were in kennels or under the control of the operators on site. The facilities were well built and clean. Once building permits have been completed and issued, no further review of this site is necessary unless complaints are received. Law Office Of William A. Ward A PROFESSIONAL CORPORATION January 12, 2000 Craig Sandler Butte County Planning 7 County Center Drive Oroville, CA 95965-3397 Re: Use Permit 99-04 Applicant: Dee Schuller Dear Mr. Sandler: #9 WILLIAMSBURG LANE CHICO, CALIFORNIA 95926 (530) 342-2225 FAX 342-7920 Herewith please find my check for $150 to cover the cost of the public hearing referenced in your letter of -December 22, 1999. Also, Iplease consider this letter a request on behalf of the a plicanIt`for an automatic one-year extension of time for compliance"with the conditions o f th� perm_it. - As you know, several L thousand,dollars have been spent installing the fence arid�the�septic system and re-engineering the building so as to comply with the conditions. k Again, thank you for your courtesy and consideration. t, Very truly yours, LAW OFFICE OF WILLIAM A. WARD A Professional Corporation William A. Ward r WAW/jbt' Enclosure cc:. ..t Dee Schuller, - ,'RECEIVED JAN 13 wn0 BUTTE " OT?NTY PLANNINL- uIVISION Law Mice RECEIVED William A. Ward FEB ' -'2 ZOOO A PROFESSIONAL CORPORATION BUTTE COUNTY PLANNING DIVISION; February 1, 2000 Craig Sandler Butte County Planning 7 County Center Drive Oroville, CA 95965-3397 Re: Request for Modification Use Permit 99-04 Applicant: Dee Schuller #9 WILLIAMSBURG LANE CHICO, CALIFORNIA 95926 (530) 342-2225 FAX 342-7920 Dear Mr. Sandler: Applicant Dee Schuller hereby requests that 'the conditions of the Use Permit be modified as follows: , Change #1 - Building'Division Requirements Change of Item 12 to read as follows: "Prior to issuance of the Use Permit, submit as -built plans and calculations prepared by a licensed or registered professional engineer or architect for use of the existing steel building under the agricultural use exemption." Reason for request: Applicant has been informed that to accomplish the changes imposed by Butte County Public Works will cost Applicant an additional $40,000. to $50,000. The requirements essentially mean a tear -down and new building. Those requirements are un- reasonable in view of the fact that the existing metal building is more than adequate to safely house dogs. There is no human occupancy except for feeding dogs and cleaning the kennels. The public is not given access to the dogs in the building. Applicant, at substantial cost, has submitted as -built engineered plans. Butte County Public Works has imposed requirements that are not reasonably related to the use of the structure for dog kennels and are justifying. their demands on the. basis that the kennels are.a "commercial". venture. Applicant understands the demands would ' not be ' imposed if Applicant used the building to house prize cows, horses or sheep raised for commercial purposes. Craig Sandler Butte County Planning February 1, 2000 Page 2 Request #2 Item 3 on the permit limits the number of dogs to 25. If one or more of the females gives birth, a litter can increase the census overnight. A practical problem is created in that the Use Permit makes no allowance for puppies. Applicant respectfully requests that puppies be disregarded for purposes of census until they reach the age of four (4) months. Respectfully requested, LAW OFFICE OF WILLIAM A. WARD A Professional Corporation William -A. - Ward Attorney for Applicant Dee Schuller WAW/jbt- cc: Dee Schuller Robert Heaton Dick Roper JAI,, DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NqE/NOID OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH F/G FEE RECEIPT 18135 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING 0 Le 1111 `R�..r ♦---�t-:---� ;.i! :i fy� �� a` � 9�,(� '�•' r� Ir` PPP ..✓ ,1 .�..• i('i. _ 777JJJ Ill III • jl �N -III 111 Ill III I I 1 _ III Ill Ill I t 111 . III. HPUSE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 99-06 F PERMIT NO. . , 006-010-105 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set. forth below: -Dee Schuller is hereby granted a.Use Permit in accordance with application filed:. Use Permit to allow a dog kennel' for up to 25 dogs and 5 family pets... 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit; constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24=45:65. { 2. Unless otherwise provided for.in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently, with, the establishment of the granted use. The use granted by this permit must be finalized within eight (8) months of the delivery of the ' countersigned permit to the Permittee. If the use is not. finalized within this time period, the permit shall become null' and void and reapplication and a new permit shall be required to, establish the use;: 3. 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. 4. 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 tiZeir.re4pective designee: Prior to such:approval, verification shall be made by each Department;or Division that'the modification is. consistent with the.application3 fees paid and environmental+determination as conditionally approved. Changes deemed' to be major or significant in nature shall require a formalapplication for,amendment. CONDITIONS OF APPROVAL Plannitig Division 4 + 1. Prig . to issuance of the se Permit install a s lid f ce az d the. kennel that re " ents the U o en , our p v dogs from 'seeing off the property. Prior, to construction of this fence, a plan showing. the. specific location of the fence and the type of, fence, including materials and' height,, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (1VIlVI) 2. Commercial boarding of dogs owned by others shall not -be permitted. not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. X14..' - Comply with the Uniform Building Code for property line -clearances considering use, area: � , and fire -resistiveness of existing buildings. ; Animal Control 1.5., Prior to -issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 16. Nuisance ;barking shall be presented -by means,of noise activated sprinkler'systems, soon_ d walls, or other humane methods: I lierebydeclare under penalty of perjury. that"I have rea&tht foregoing conch_ tions, that they'"` ry are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide.fu_lly by said conditions. Dated: 3 ci Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtain ng Building. and Health Department permits before starting construction, nor does it waive any other_,requiiements. tte -ountyoard:of Supervisors Chairman • FEB 0.9.1999 Y CC: Land Development Divisio Building Division,- ;Enyironmental Health -Department, Butte County Fire Dept./CDF; Butte. County Animal Control Division, 3 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Board of Supervisors From: Department of Development Services, Planning Division Subject: Action on UP 99-06 a Date: January 28, 1999 At the January 14, 1999 hearing Planning Commissioner Nina Lambert voted with the majority to approve UP 99-06, a use permit for a dog kennel. The permit was approved on a 3-2 vote. Nina asked if she could change her vote, after the action was taken. The general belief was that once the action was taken that the action could not be brought up again to allow a change in vote. Commissioner Lambert, at the January 28, 1999 Planning Commission meeting, brought up her vote on the Planning Commission's decision on UP 99-06. She indicated a desire to change her vote on this project and stated that Robert's Rules of Order, which the Commission operates under, allowed this. She received a second on a motion to change her vote. She then changed her vote from approval to denial. If this vote stands the Planning Commission's action on the project has changed from approval to denial. This project is before the Board because of an appeal protesting Planning Commission's approval of the permit. The appeal was filed shortly after the January 28, 1999 meeting. The appeal is scheduled to be heard on February 9, 1999. Staff conferred with County Counsel about Commissioner Lambert's change of vote. Counsel indicated that legal research on the matter needs to be done and that the present change in vote had questionable legal affects. This information was conveyed to the Planning Commission before they adjourned the January 28, 1999 hearing. Staff has the following objectives with this memo. 1) Inform the Board of Supervisors of the Planning Commission's actions with regard to UP 99-06 at the January 28, 1999 meeting. 2) Request of County Counsel an opinion with the following questions to be answered. a) Can an individual Planning Commission member rescinded his or her vote immediately after the full Commission completes a roll call vote on the project. If so, what is the proper procedure? ' 0 b) Can an action be rescinded after the action has been taken by the Planning Commission at the next hearing without a public notice? If so, what is the proper procedure? cc: Planning Commission Members cAmydocs\ch angevo.frm MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: File UP 99-06 (Dee Schuller) From: Steve Betts 5� Subject: ,Issuance of the Use Permit Date: April 25, 2001 All conditions for issuance of the Use Permit have been met, and the Use Permit was issued this date. The signed, white copy of the Use Permit was given to Robert Hill, the applicant's contractor, at the planning counter. Mr. Hill assured me that he would give it to Dee Schuller. A-pbe-itT - --ill 1 b ASSOCIATES • ROBERT t HILL Truly Unique Homes & Buildings • 199 E. Shasta Ave. Sculptured & Natural Rock Formations, Chico, CA 95973 Waterfalls, Pools & Spas 530.891.4280 530.891.0394 FAX CONSULTANTS • DESIGNERS • e-mail: RHill@Sunsetnet CONTRACTORS • CRAFTSMEN • www.RobertTHill.com General & Pool Contractors • Lic. #377409 ' r - 1^ 0 BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH SEPTIC SYSTEM INSPECTION CERTIFICATE P.O. BOX 5364 7 COUNTY CENTER DRIVE CHICO, CALIFORNIA 95927 OROVILLE, CALIFORNIA 95965 TEL: (530) 891-2727 TEL: (530) 538-7281 The sewage Disposal System was inspected at i3 13 rc 4e,.d For AP# SEPTIC TANK Size /Sd 0 Gallons Material LEACHING FIELD Length Gta4' feet Width 24 inches No. of lines �f Rock Under Pipe inches z The above dimensions meet the minimum requirements of Butte County Code, Chapter 19 Additional leaching area will be required if experience shows it to be necessary. Remarks: Date: S2 -778R (Rev 8/99) ENVIRONMENTAL HEALTH SPECIALIST App B 5 l�BI pxAN1G�10 APR -17-01 07:30 AM BUTTECOANIMALCONTROL 530 53e6329 P.01 BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH ANIMAL CONTROL 18-B County Center Drive Oroville, CA 95965 (530) 538 -7409 -or (530) 891-2907 r FAX (530) 538-6329 KENNEL LICENSE APPLICATION Note to Applicant: Section 4-3 of the Butte County code requires "every person who owns or controls a kennel where more than 5 dogs over the age of four (4) months are kept, shall obtain a kennel license within 30 days after the kennel is established and annually thereafter", . Applicant Name: C N Ce to s Applicant Address -137 -1-3 9 Wssb 6-10 Applicant Telephone: QG, ; 1 q C 1�� -7-- Address of Kennel: 1ajZ 5 Oy- f JAS ow . LO C�W�b Assessor's Parcel # Use Permit # Maximum Number of Animals Permitted:. Please attach following: Site plan, describing facility. Include number of kennel spaces, method of waste disposal, source of water, etc. FEES The fee for kennel licenses shall be based upon the capacity of the. kennel as follows: Dog Capacity Amount of Fee 6-10 $50.00 11-49 . $100.00 50-99 $150.00 Ploase make checks pile to Butte County Health Department 0) cant- APR 2 5 W BUTTE COUNTY PLANNING DIVISION December 15, 1998 Dee Schuller 424 W. Shasta Avenue Chico, CA 95973 RE: Use Permit, AP#006-010-105 File No. UP 99-06 Dear Ms. Schuller: 6,afiv tount, 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 On October 27, our office received an application for a Use Permit accompanied by a deposit in the amount of $700.00. Your project is being processed by our staff on a "real time" billing basis. To date your project has incurred charges totaling $613.75. Butte County Code, Sec. 3-44 © states, in part, "When the initial deposited funds are depleted to an amount equal to twenty-five (25) percent of the original deposit, no additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit". Due to the complexity of your project, processing to date is very close to exceeding your initial deposit. To continue the processing of your project we will require that a check in the amount of $250.00 be mailed or delivered to our office on or before Monday, January 4, 1999. This will cover the charges over the initial deposit and the amount equal to your original deposit. If you have any questions, please contact Brian Larsen Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Thank you for your cooperation. Sincerely, Thomas A. Parilo Director of Development Services TAP Jb j Adocs\refunds\n-exceed.wpd i DEPRTMENTOF DEVELOPMENSOCEOUILDING DIVISION ,iOLJNTYOf out�ty 'Center Drive='_OroVllle, 'California�95965'-_Telephone (.16).538,-7541 PERMIT N R APPLICATION AND PERMIT a �� : �• zowNQ BUILDING PERMIT _ 10 O, 4 TE SQ. FT. OCC. BUILDING VALUATION g NO _ADDRESS 1320Q ROSi :AVS. CO R'S_NAME _: .. TELEr�.M'"4�I0 DNTitiMM. iWESO iNC. CTORSAWUNO ADOR�S2 • ASA'1'E8 IRiV: �LYD- 080VILf.B; 95965 - NSTRUCiION LENDER' - •.- .. 8 .. Fireplace 'S: LING ADD S • _ ,'. .. . •k i' rLi Total Valuation $ AiICHRECT OR ENGINEER 1 •. LICENSE NO.: A FlingFee $ 20.00 Permit Fee $ 13,1W ' - _ ARGMECT•OR ENGINEERS MAULING ADDRESS - $ ', Plan Chocking' Fee $ SULLDwGADDRESs• , "`: �- 13213 ' OBC'SAxD MMSM.-LN Energy Plan Checking Fee $ " $ c CIiiZ�. p.: �.,e PERMIT FEE LOTJIO..• < SUSON5pN8 NAME ., - -"-v . ' PARCEL YAP PLUMBING PERMIT Fling Fee ' 20.00 d 7 00 Each..Tra . ` ` USEOFSTRUCTURE.' + 4 ' l SF •ill , Duplex 0 "'Mobilehome T Other �' - SPECIFV . , Solar or heat um water heater 23.00 - Water i in 15.00 ... Each as'water. heater or'vent :. 15:00 7 TYPE OF WORK ... Niw Additi A3 Remodel 0" Utilities O" Installation ( " Other O ` �.t °� �:., . • fir; Describe Wojk zxsiati�li`ror� Gas i in stem 1 -5 outlets• 15.00 Building sewer : •15.00 Mobile Home S G W Q20.00 ' PERMIT FEE $ ELECTRICAL PERMIT Fling Fee 20.00 Main Service' .0�on ss ` 23.00 R; LICENSED CONTRACTOR'S DECLARATION I hereby affirm under penalty of.perjury that I am licensed under provisions of Chapter ". 9'(commencing with Section 7000) of Division 3 of the Business and Professions Code, and my licenseds�up full force and effect m.UCenSe Gila$$' �'� LiC. NO. " /� y[(y7v "70� / •+.� . _ OWNER-BUILDER DECLARATION I hereby`affirm under penalty, of perjury that.l am exempt from the Contractors License Main Service 200A TO 1000A 4B.00 - NEW cowMr. OWELLUJO occuP._ so P.- OR ADDNs. a ACC. sLos. 3.5¢x: N CONS . MULT,-oUTLET +� ' NON•RESID.:.• .. ... @7.50 PowER APPARATUS a SINGLE OUTLET CMR. ' .09 EX. OCCU OUTLET OR FDCTURES ' '64L 1: 50 F1XED AP 1. OR 5 00 Ex. Occu ounETs RES10. Ea' Temporary Service :.23.00 . Law for tie following reason: asowner.oftheproperty or myerrlployeeswithwagesastheiisolecompensation, r� ?, z:,;Will do the work, 4nd the structure is not intended or offered for'sale. O:tl as owner of the property„am exclusively contracting.with licensed contractors to construct the project r Mobile Home Facilities 20.00 ' Misc. Wiring23.00 O : I am exempt under Sec. ; Business and Professions Codefor this f' PERMIT FEE $ _. ; , ... reason "WORKERS” COMPENSATION DECLARATION : ` MECHANICAL PERMIT Fling Fee 20.00 Heatin hereby affirm under penalty of perjury one sof the following declarations 0 I. have, and will maintain a certificate of consent to self-insure for workers' compensation, as provided for by section 3700 of the Labor Code, for. the performance of the work for which this permit is Issued. I have.and will maintain workers' compensation Insurance, as required by Section Cooling' Hood 6.50• Ventilation �. ' 3700 of the Labor Code, for the performance of work for which this permit is issued. My worker ' ompensation Insurance carrier and policy number are: ;j ,may Carrier :. i ... Policy 'Number r '^ � - (The above sections need not be competed if the permit is for work of a valuation .of one hundred dollars ($100) or less.)CONST. 0. 1 certify that in the performance of the work for which this permit is issued,'I shall ` not employ any person in any manner_ so as to become subject. to workers' compensation laws of California, and agree that If I should become subject to the workers' compensation provisions of section 3700 of the labor Code, I shall . fo With comply with those provi ions: t X ,%;)•' • , pa ZS Signatur of Applicant - 0 Owner 0 Contractor Agent An OSHA permit is required for excavations over 5'0" deep and demolition or construction of structures oJer-3 stories in height PERMIT FEi: S . Mobile Home Installation Fee $ • 00 Energy Inspection Fee $ TYPE TOTAL FEE $ 143,00 MIAZ .D: FE IMP V � CDF PAROEL PD HD S This permit is hereby issued under the applicable provisions of the;'Butte County Code and/or' Resolutions to do work indicated above for which fees have been paid. BY Date 1 PERMIT EXPIRES ON !%A ate Receipt O �fy ;.• , •: HITE•D.D.S.-B. D.' CANARY-ASSESSOR PINK-INSPECTOR GOLDENROD •APPLICANT� i MOBILEHOME INSTALLATION. ACCEPTANCE COUNTY OF BUTTE s DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION -7 COUNTY CENTER DRIVE ~" OROVILLE; CA 95965—PHONE (916) 538-7541 APN: PERMIT NO-- —1f7 61 Owner's: cD F�f�. S Gfcj 1? Cc,17/?, Name: Owners: I`�j21 U t2�6�Ot2Q �%C7SS' o"'� r�JQ�t-� C) Address: Mobilehome G'. Ll p Alfq Year of t Manufacturer Manufacture: / ` Serial number GLGr,6 - i I�(�T �- Insignia or ��, l q u or V.I.N. HUD number: Official approving inslallatio Date: �•ry -.If the mobilehome Is moved or relocated, the mobilehome installation acceptance shall become Invalid. This form shall not be used when the mobilehome Is installed on a foundation system. 51.3B White -Owner, Yellow -Installer, Pink -Bldg., Gold -Assessor %lin.1 ig Division OCT 2 71998 Omville, Caiifomia lip ,BUILDING DIVISION 610 • OUNTY OF BUTTESr DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 - TELEPHONE: (916) 538-7541. AGRICULTUF aW EXEMPTION PERMIT A, T998 PERMIT NO. 7-1 L2 ��ii��AA ��{{R�mta Agricultural building, is defined as follows: AgR�ll�ib��firig Is a structure designedd constructed to house farm Implements, hay. grain, poultry, livestock, or other horticultural products. This stra fe shall.not be a place of human habitation ora place of employment where agricultural products are processed, fr ated, or packaged, nor, shall it be a place used by the public. ASSESSOR AVC NQy ZONING OWNER '' f., %� �'. �� % -'.slat. ��..;�1'I rt ► • i'y{' PHONE NO. -, C ; ;. �;� � '} ! , :� ice; � e OWNER'S ADDRESS LOCATION OF BUILDING J,t r USE OF BUILDING SIZE OF STRUCTURE { } SQ. FT. TYPE OF CONSTRUCTION: r . WOOD FRAME " STEEL.:CONCRETE OTHER (Specify) TYPE OF SIDING,. " R . F CGS/ERING , FLOORfTYPE ESTIMATFED CST OF CONSTRUCTION . AG Buildings shall comply with the minimum front, side, and rear yard setback requirements of the applicable County Ordinances as follows: ." FRONT SIDES /t?cw.- REAR AG Buildings shall be a minimum of five (5) feet from any septic tank or leach fields. AG Buildings less than 1000 sq. ft. in floor area shall be located a minimum of 6 feet from a residence, 10 feet from a w mobilehome, and 23 feet from a -commercial building.- - •- .. AG Buildings greater than 100a sq. ft. in floor area shall be located a minimum of 23 feet from a residence and a mobilehome, and 4Q feet from a commercial building. . 'AG Buildings must comply with Flood Zone requirements: Finish _floor elevation must be at or above elevation USGS Datum. ,F,#eclard under penalty of perjury that the building will be used as stated above and the purposed use confirms with the qG, _uilding. definition. If any change in use or occupancy of the building is made, I will contact the Building Division and Y: obtain arty necessary permits, inspections, and approvals to comply with the requirements in effect at that time and before ccupancy. Date 1 I . . t " ! 'Sign ature of Owner.. Permit Fee - $60.00 The above described AG Building is exempt from a building permit. FL OOp PAIL I P.D� I R71NG I ISSU Receipt No. A.LyN,23 Manager Building Division By White —DPW, Yellow -Assessor, Pink — B. L, Goldenrod —Applicant'" C'. A Date l of o. ;F • DIVISION OF ENVIRONMENTAL HEALTH n 18-B County Center Drive 411 Main Street 7 County Center Drive U Oroville, CA 95965 LeN P. O. Box 5364 F] Oroville, CA 95965 TEL: (916) 538-7282 Chico, CA 95927 TEL: (9 16) 538-7281 FAX: (916) 538-2165 TEL: (916) 891-2727 FAX (916) 538-2140 FAX: (916) 895-6512 August 12, 1997 Earl Watson 8015 Cohasset Rd. Chico, CA 95973 RE: Well Permit Application, Orchard Blossom Ln.; APN 006-010-105 Dear Earl, The above indicated application has been received. Prior to further processing the application the following is necessary. Stake the well site & call for an inspection. If you have any questions, please contact me at the Chico office listed above between 8 and 9am, Monday through Thursday. Sincerely, Frieda L. White, R.E.H.S. Division of Environmental Health FLW/dd/well/orchblsm cc Dee Schuler P9anning Division 0 C T 2 71998 ®mV1110, Cdfomia A CLEAN INDOOR AIR ENVIRONMENT FOR A HEALTHIER TOMORROW I • 0 /44 • OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16752 ISSUED BY C21%- •�y M � �,.,>IO,;::. „. - - ir+� , FI ��..•. a.L 1 . �, +�Z�8 :��/•�{G1 �'l. r5 t >:� •i lid, ,hi I. F N Y .k:" ` • .�p��:i, C'::;�7 �..'`�� 1M ` DATE RECEIPT TOTAL PUBLIC LAICO USE VARIANC BS PU BLICi ZONING ENV OTKER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS NEALTN OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16752 ISSUED BY C21%- ROPER ASSOCI • P. O. Box 885 1346 Longfellow Avenue CHICO, CALIFORNIA 95927 r 3 e> ( ) 342-2059 WE ARE SENDING YOU X Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE JOB NO.4�� TZ46 RE: ❑ Samples following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 3S For your use 473' 0A AI IAAPLIcA ❑ Submit copies for distribution ❑ 77ak/ ❑ Returned for corrections ❑ Return corrected prints 1V U /14i`-1kA 0" For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ l GO y o - M,14, WJ7744t-4-7701,11 A& eu oIA1 T__T . C-LC •AlCL_LPT4lCCfL THESE ARE TRANSMITTED as checked below: REMARKS anning v s o OCT Z 7 iMB COPY TO SIGNED: PRo0u07240.2ees 1-. GMIM 1444 01471. If enclosures are not as noted, kindly notify us at once. For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS anning v s o OCT Z 7 iMB COPY TO SIGNED: PRo0u07240.2ees 1-. GMIM 1444 01471. If enclosures are not as noted, kindly notify us at once. Deposit Statement I , understand that my deposit may require additional funds. When the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no additional processing of the application will occur until the applicant deposits with the County sufficient funds to restore a valance equal to the amount of the initial deposit, unless a lesser amount is approved by the Director of Development Services or his designee, or except for additional deposits for subdivision and site improvement inspections, which shall be 1/3 of the original deposit. Butte County Code Section 3-44, Counter/Telephone $30 minimum Research Fee/Planner $59 per hour Admin. Service Asst. $45 per hour Office Assistant $34 per hour Planning Division o C T 2 71998 oroville, Ce6fomla Status: An all weather access is provided to within approximately 40 feet of all structures. Condition met. 10. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. �001 Status: Septic permit issued and system installed. Awaiting building inspection of the improvements before final hook-up to the septic stem can be done. structure and drainage impro e p p y This condition has been partially completed. 11. Remove and properly dispose of animal wastes at least twice per day Status: No animal wastes visible during site visit. The use is in compliance with this condition. 12. Prior to issuance of Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current building and zoning regulations. Status: Building plans have been prepared by an architect and have been submitted to the Building Division. Building permits are ready to issue. However, due to the cost of retro- fitting the existing structure to bring it up to code, the applicants are looking at the possibility of tearing down the structure and replacing it with a new building. This condition has not been completed. ,/13. Prior to building permit issuance for a new commercial or industrial development, or addition to existing development, the applicant shall pay all applicable development fees at the rate in effect at the.time of acceptance of the application. Such fees may include, but not be limited to: Drainage Fees, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. Status: Fees paid at time of building permit application. Condition Met. 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -restiveness of existing building. Status: This condition was addressed in the building plans submitted by the architect. Condition met. ✓ 15. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. Status: Operators have a valid kennel license. Condition met. 0 Butte County Department of Development Service ■ Agenda Report 0 Page 3 e 0 0 /6. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls or other humane methods. Status: No nuisance barking evident during site visit. No complaints have been received. The use is in compliance with this condition. STAFF COMMENT & RECOMMENDATION: As previously stated, the site visit was unannounced. The kennel was in immaculate condition. All dogs were in kennels or under the control of the operators on-site. To date, the applicant has made a diligent attempt to comply with all conditions. With the exception of the building permit issue and the final hook-up of the septic system, the use 'is in compliance with the Use Permit. Once building permits have been completed and issued, staff recommends that no further review of this site is needed unless complaints are received. KAPROJECTSWOSCHULLER.MEM ■ Butte County Department of Development Service 0 Agenda Report 0 Page 4 0 •' ( DECLARATION OF FEES DUE*1'.'4) Ca ornia Fish and Game Code Section NAME AND ADDRESS OF APPLICANT Dee Schuller 424 W. Shasta Ave. Chico, CA 95973 (530)894-1215 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption' $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing,Fee $25.00 Clerk's Documentary Handling Fee 3. () OTHER (Specify) $25.00 Clerk's Documentary Handling FeeA M JUL p 11999 PAYMENT / NON-PAYMENT OF FEES:fSun GRUBS:, e co. C{erk 1. (X) PAYMENT: The above fees have been paid. CA De Ut See attached receipt(s). # 17 6 6 9 BY P Y 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: June 29, 1999 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 99-04, Use Permit AP Number: 006-010-105 Applicant: Dee Schuller, 424 W. Shasta Ave., Chico, CA 95973 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico Project Description: Use Permit for a dog kennel for 25 German Shepards and 5 family pets This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 9, 1999, 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= r, CEQA. X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X. were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 " lell� R& d y Wileanner Principal P Mitigation Measures: 1. Prior to issuance of the. Use Permit, install a solid fence:around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be approved by the Planning Division. Prior to construction, the type of fence shall_ be approved by the Planning Division. 2. Prior to issuance of the Use Permit, septic system to handle wastes from the dogs shall be installed under permit from the Butte County.Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte county. Environmental Health Division. 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 99-04, on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico Project Description: Use Permit for a dog kennel for 25 German Shepards and 5 family pets 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: Randy ilson, Principal Planner Lead Agency: Cou ty of Butte Date: j Ahnda\noe.nod\f&g.1et RECEIPT 17669 ISSUE BV • • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - FEBRUARY 10, 2000 Applicant: Dee Schuller File #: UP 99-06/APL 99-07 Request: Use Permit to allow a dog kennel for up to 20 dogs and 5 family pets. . G.P.: Orchard and Field Crops Zoning: A-20 (Agricultural=20 acres) APN: 006-010-105 BACKGROUND: Location: The property is located on the west side of Orchard Blossom Lane, approximately 2,600 feet north of Nord Hwy., in the Nord area. Parcel Size: 39.87 acres Project Planner: Steve Betts Supervisor District: 4 On January 14, 1999, the Planning Commission approved this Use Permit to allow keeping up to 25 dogs. The action was appealed and the item was heard by the Board of Supervisors on February 9, 1999. The Board upheld the Planning Commission action and approved the Use Permit. One of the conditions of approval requires the applicant to come back before the Planning Commission within 1 year for a review of project conditions. STATUS OF COMPLIANCE WITH CONDITION: On January 5, 2000, staff performed an unannounced site visit to inspect for condition compliance. The status of the conditions is as follows: Prior to issuance of the Use Permit, Install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of the fence, a plan showing the specific location of the fence and the type offence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type offence shall be approved by the Planning Division. Status: The applicant submitted a fencing plan and constructed the fence. It is a 6 foot high cedar fence surrounding the kennel area. In addition, the residential area is surrounded by V a chain link fence, providing secondary fencing for the dogs. Condition met. 0 Butte County Department of Development Service 0 Agenda Report ■ Page 1 0 • 0 i` 2. Commercial boarding of dogs owned by others shall not be permitted. Status: No commercial boarding was.in evidence. The use is in compliance with this condition. w. 3. The total number of dogs shall not exceed 25 dogs. 20 German Shepards in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. Status: There were less than 25 dogs on-site during the visit. The use is in compliance with this condition. �i ' 4. At written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required set a hearing date to review the Use Permit. Status: No complaints have been received on this use during the past year. The use is in compliance with this condition. 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. Status: All dogs on-site were secure and under control. The use is in compliance with this condition. 6. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. Agricultural plan submitted and approved. The use is in compliance with this condition. ✓7. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning off ce for review, for compliance with the conditions of this permit. The review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the applicant. Status: Condition met. 8. Applicant must also comply with all other applicable State and local ,statutes, ordinances and regulations. Status: Applicant is meeting this condition. ✓9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of I5 feet that will accommodate a 40, 000 pound fire apparatus to all structures. 0 Butte County Department of Development Service 0 Agenda Report 0 Page 2 ■ U Use Permit: Dee Schuller, UP 99-06 a. Nearest County (State) Fire Station: Station number 41 approximately 3.3 miles to the north on Highway 99 and Wilson Landing Road. b. Water Availability: Fire tankers. 20. Schools: Chico Unified School District. 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 Safety Element. Oroville, CA: C112M 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: C112M 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: C112M 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, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. 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 Map. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\UPC\SCHULLER.UP\SCHULLER.IS ■ Butte County Department of Development Services ■ Planning Division ■ 20 n 01 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. 006-010-105 2. DESCRIPTION OF PROJECT: Use Permit for a dog kennel for 20 German Shepards and 5 family pets 3. LOCATION OF PROJECT: on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico 4. NAME AND ADDRESS OF PROJECT APPLICANT: Dee Schuller, 424 W. Shasta Ave.,Chico, CA 95973 5. MITIGATION MEASURES: See Attatched 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: -X_ Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte Count, Board of Supervisors Date of Determination: Februaicy 9, 1999 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Dolan, -Chairman Crtj $pa d pf I}pervisors Mitigation Measures: 1. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be approved by the Planning Division. Prior to construction, the type of fence shall be approved by the Planning Division. 2. Prior to issuance of the Use Permit, septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte county Environmental Health Division. utte Coun LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES :. 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 February 10, 1999 FAX: (530) 538-7785 Dee Schuller 424 W. Shasta Ave. Chico, CA 95973 Re: Use Permit, File UP 99-04, APNO06-010-105 Dear Ms. Schuller At the regular meeting of the Butte County Board of Supervisors held February 9, 1999, your Use Permit to allow a dog kennel was approved for that property located on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico, subject to the conditions listed on the enclosure. Please sign both copies and return both copies to this Division within 40 calendar days. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Board of Supervisors' approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by registered mail. 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 Treasure in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Stephen Betts at the Planning Division between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sinceely, 5�rvk Stephen Betts Associate Planner Ar cc: Roper & Associates BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - February 9, 1999 Appellant: Ray Bransky Applicant: Dee Schuller File #: APL 99-07 (UP 99-06) Request: Appeal regarding the Planning Commission approval of a Use Permit to allow a dog kennel for 25 dogs and 5 family pets G.P.: Orchard and Field Crops Zoning: A-20 (Agricultural, 20 -acre minimum parcel size) APN: 006-010-105 Location: On the west side of'Orchard Blossom Lane, approximately mile north of Nord Highway, at 13213 Orchard STAFF COMMENT: Blossom Lane, northwest of Chico Parcel Size: 39.87'acres Zone Date: Apri129, 1975 Supervisorial District: 4 Attachments: A. Exhibit A: Use Permit with Conditions of Approval B. Zoning/General Plan Map C. Vicinity Map D. January 14, 1999, Planning Commission Minutes E. Letters and Petitions F. Planning Commission Agenda Report, dated January 14, 1999 G. Initial Study H. Site Plan On January 14, 1999, the Planning Commission held a public hearing on UP 99-06, a Use Permit to allow a dog kennel on property zoned A-20 (Agricultural, 20 -acre minimum parcel size). The Planning Commission voted 3-2 to approve the Use Permit with 16 conditions. Ray Bransky, a neighboring property owner, has filed an appeal contesting this decision. The dog kennel was established by the applicant in January 1998, without obtaining a Use Permit. ANALYSIS: The present existence of the dog kennel has caused problems for surrounding residents. This Use Permit will put conditions on the kennel operation which have not existed. These conditions were determined by the Planning Commission to make the kennel compatible with the area. Almost all of the nearby residents at the Planning Commission hearing spoke against approval of this kennel. The residents' concerns were focused primarily on noise, vehicle traffic, loss of property values, and assurance the dogs would not escape from the kennel and cause harm to people. Letters and petitions from nearby residents regarding this project are found in Exhibit E. Ar Butte County Department of Development Services wAgenda Report Ar Page 1 Ar The Planning Commission's discussion focused on noise from barking dogs, traffic impacts, the appropriate number of dogs, whether a dog kennel is an agricultural use, restrictions on commercial dog boarding, and how to address the long term operation of this permit. The permit contains conditions addressing noise. The traffic issues focused on speed and road maintenance. The applicant's representative indicated there are speed bumps on the private road to the project site. There is no formal road maintenance agreement for this road. A formal agreement could be entered into by all parties, including the project applicant. The Planning Commission concluded no traffic impact conditions were necessary for approval of this permit. The number of dogs (30) allowed on the property was not changed. There was some disagreement as to whether a kennel qualifies as an agricultural use. The Commission modified Condition #3 to specifically state that commercial -boarding of dogs not e allowed. An additional condition was added requiring a mandatory review of the permit by the Planning Commission after one year of operation. APPLICABLE REGULATIONS: The appeal is made pursuant to Butte County Code Section 24- 45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. RECONENIENDATION: Staff recommends the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission, granting Use Permit 99-06 for Dee Schuller subject to the following findings and conditions as attached in Exhibit "A". I. FINDINGS Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. With the design of the project and the recommended mitigation measures the project will mitigate such effects to a level of insignificance; B. The proposed project 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 approved; and C. The Board of Supervisors has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. 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: Ar Butte County Department of Development Services Ar Agenda Report Ar Page 2 Ar 1. The dogs are kept under close supervision at all times when outside theIennel and are locked inside the kennel at night and when no one is on the property; 2. The kennel use will not cause an increase in vehicle traffic; 3. No boarding of dogs is allowed; and 4. Conditions of project approval will require the installation of a solid fence around portions of the kennel which will prevent the dogs from seeing off the site and will help contain noise, dog waste will be picked up at least twice daily and disposed of in a separate septic system, and additional noise -reduction measures will be required should barking become a problem. K:\PROJECTS\UPC\8CHULLER.UP\BOS.RPT ArButte County Department of Development Services ArAgenda Report ArPage 3 A EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS L� DATE: (Certified Mail Rec.) UP 99-06 PERMIT NO. 006-010-105 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Dee Schuller is hereby granted a Use Permit in accordance with application filed: Use Permit to allow a dog kennel for up to 25 dogs and 5 family pets. 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 finalized within eight (8) months of the delivery of the countersigned permit to the Permittee. If the use is not finalized within this time period, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 3. 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. 4. 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. ArButte County Department of Development Services ir Agenda Report ir Page 4 0 • CONDITIONS OF APPROVAL (conditions have been reordered for clarity) 1. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 2. Commercial boarding of dogs owned by others shall not be permitted. The total number of dogs over the age of four (4) months on the property shall not exceed 30 dogs: 25 dogs in the kennel and 5 personal dogs: The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. 4. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 7. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the applicant. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 10. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and ArButte County Department of Development Services ArAgenda Report wPage 5 Ar dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 11. Remove and properly dispose of animal wastes at least twice a day. 12. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 13. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 15. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 16. Nuisance barking shall be prevented by means.of noise activated sprinkler systems, sound walls, or other humane methods. 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 Board of Supervisors Chairman CC: Land Development Division, Building Division, Environmental Health Department, Butte County Fire Dept./CDF, Butte County Animal Control Division Ar Butte County Department of Development Services ir Agenda Report ar Page 6 x Use Permit: Dee Schuller, UP 99-06 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: FILE coat 1. Name of Proponent: Dee Schuller 2. Address: 424-W. Shasta Avenue, Chico, CA 95973 Phone: (530) 894-1215 3. Name of Proposal, if applicable: 4. Type of Project: Use Permit 5. Project Description and Location of Parcel: This request is for a Use Permit to allow an existing dog kennel for up to 25 dogs. The site is located on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Highway, at 13213 Orchard Blossom Lane, northwest of Chico. The project site is zoned A-20 (Agricultural, 20 -acre minimum parcel size) and has a General Plan Land use designation of Orchard and Field Crops. The project site does not have a California Land Conservation Agreement ("Williamson Act"). The parcel is 38.7 acres in size. The project site is surrounded by parcels ranging in size from .6 to 237 acres. The surrounding parcels to the north, west, and east are zoned A-20 and have an Orchard and Field Crops General Plan land use designation. The parcels to the south of the site are zoned AR -2'/z. Land uses on surrounding parcels are orchards and dwellings units at rural residential densities. The nearest dwelling units are located approximately 210 and 285 feet southeast of the kennel structure. The dogs are kept in an existing 2,870 square foot building with a concrete floor, which contains 16 individual kennels plus several large storage rooms. There are several large outside fenced areas for the dogs. The kennel operator breeds, trains, and sells German shepherds. The dogs are a working breed and are bred and trained for tracking, obedience, and protection. The dogs are sold mostly to law enforcement agencies or others whom need dogs with this special breeding and training. The applicant does, not board or train dogs owned by other people. However, dogs owned by the Butte County Sheriffs Department occasionally come to the site for training. There are approximately 12 to 15 dogs in the kennel at any one time. The dogs are sent to Germany for advanced training, returned for additional training, and then sold. According to the applicant, there are approximately six litters of dogs born at the kennel each year. The site has been developed with a single family residence, an agricultural worker's residence, several grain bins, a dog kennel, and several outdoor dog runs. Most of the site has been ■ Butte County Department of Development Services ■ Planning Division ■ 1 i Use Permit: Dee Schuller, UP 99-06 planted with almond trees. The site is level and does not contain any drainages or dominant physical characteristics. Domestic water for the dwellings is provided by on-site wells and sewage disposal is handled by on-site septic systems. Access to the main dwelling unit is from Hosler Avenue, while access to the agricultural worker's residence and the dog kennel is from Orchard Blossom Lane. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Number: 006-010-105 7. Date Checklist Submitted: December 23, 1998 H. DETERNIINATION: 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. 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 -612,� Reviewed byAandy Wilson, Principal Planner 12- 2-48 Date /2-4J _i e Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. V Land Use and Planning ❑ Population and Housing ❑ Geophysical Water ❑ Air Quality ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards 5' Noise ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation ■ Butte County Department of Development Services ■ Planning Division ■ 2 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis. 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 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 E1R 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. ■ Butte County Department of Development Services ■ Planning Division ■ 0 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact IV. ENVIRONMENTAL IMPACTS: 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 incompatible land uses)? No Impact e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ✓ Response:. The project request, a Use Permit for a dog kennel for up to 25 dogs, does not conflict with the General Plan land use designation or zoning. The Orchard and Field Crops, General Plan land use designation allows for agricultural uses as a Primary Use, and animal husbandry as a Secondary Use. The proposed dog kennel conforms to this criteria in that it is clearly an animal use. The A-20 zone allows dog kennels provided a Use Permit is obtained. The site is zoned for agricultural uses and has been planted with an almond orchard. No portion of the existing almond orchard will need to be removed for the kennel use because the kennel is already operating out of an existing building. No new construction will occur as a result of this project. Agricultural activities on the site could expose the dogs to noise, dust, smoke, and chemicals. However, the applicant owns the property and can ensure that the dogs are inside the kennel when any dangerous spraying operations occur on the parcel. ■ Butte County Department of Development Services ■ Planning Division ■ 4 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The kennel use will not have an impact on nearby agricultural uses because the nearest off- site orchard is located approximately 310 feet from the kennel. Land uses on nearby parcels are orchards and single family dwellings at rural densities. Parcels to the south of the site are zoned AR -2% and range in size from . 6 to 4.5 acres. The parcels to the north, west, and east are zoned A-20 and range in size from 19.4 to 232 acres. Six of the ten surrounding parcels have been developed with a dwelling unit. The request for a dog kennel with this intensity of use may be incompatible with existing land use adjacent to the property. Approval of a dog kennel for up to 25 dogs may result in impacts (noise and odors) that would be incompatible with the rural residential character of the neighborhood (See response for Items #4, 9 & 10). There is a potential for increased parceling on five of the ten surrounding parcels. With future parceling the density of the neighborhood could potentially increase significantly, exposing additional households to the impacts caused by the proposed kennel. The applicant is not proposing to board or train dogs owned by other people. A11 the dogs on the property are owned by the applicant. In order to ensure that no dogs are brought onto the property for boarding purposes, a condition of this project prohibits the boarding of dogs on the site. Mitigation: See Mitigation Measure # 1 in Item 4 and Mitigation Measures # 2 and # 3 in Item 10. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? I d 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? V ■ Butte County Department of Development Services ■ Planning Division ■ 5 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: Approval of the request will not affect population or housing projections. The current zoning does not permit additional land division on the applicant's parcel. This application is for a use permit, not for a land division. The approval of a use permit for a dog kennel will not have any effect on density or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? V b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? V d) Landslides or mudslides? V e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? V f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. No new residences are proposed by this project. All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The project site is not located within an Alquist Priolo Fault Zone, nor is it near any known earthquake faults (Butte County Constraints Map/GIS). ■ Butte County Department of Development Services ■ Planning Division ■ 11 • Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The soil characteristic of the site - Farwell clay adobe - is identified as having a low erosion potential, but does have poor surface and subsurface drainage. The characteristics of the project site, level with slopes of I to 2%, is such, that little erosion would likely occur. In addition, no new structures are proposed to be placed on the site so there will not be any soil disturbance. No soil erosion is expected to occur due to the proposed kennel. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? , 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? ■ Butte County Department of Development Services ■ Planning Division ■ 7 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The project site is not located in a 100 year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map for the project area (060017 03200. No increase in the amount of surface water runoff due to the kennel use is expected because no new structures will be built and no new impervious surfaces will be created. The Public Works Department indicates that the project site is in an area that is known to flood. Approval of this project could have a potentially significant impact to surface and ground water quality if dog feces are not picked up on a regular basis and disposed of properly. According to the applicant, the dog feces are picked up hourly and disposed in either the on- site septic system for the dwelling or placed in the garbage for disposal at the Neil Road Landfill. According to the Butte County Environmental Health Division, the disposal of carnivorous excrement is not allowed at the Neal Road Landfill. In order to properly, dispose of dog waste a mitigation measure of this project requires the installation and use of a septic system for disposal of the dog waste. No reduction to groundwater supplies is expected to occur as a result of this project. Additional water will be required for bathing dogs and cleaning the kennel, but this additional water usage will be minimal. Groundwater quantities in the project area are very .good due to large valley aquifers. MITIGATION # 1: Prior to issuance of a Use Permit, a septic system to handle solid wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice daily and dispose of the waste in the septic system. All waste water from.the kennel shall be discharged into the septic system. The_ septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 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?- c) Alter air movement, moisture, or temperature, or cause any change in climate? V ■ Butte County Department of Development Services ■ Planning Division ■ U Use Permit: Dee Schuller, UP 99-06 Potentially Significant Impact d) Create objectionable odors? fe Potentially Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact Response: Approval of the request may result in objectionable odors arising from dog excrement if not picked up on a timely basis and disposed of properly. The kennel operator states that dog feces are picked up on an hourly basis. The nearest off-site dwellings are located approximately 210 feet and 285 southeast from the kennel structure and could be exposed to foul odors from the kennel. Mitigation measure # 1 found in Item 4 requires that dog feces be picked up at least twice per day and disposed of in an on-site septic system. This action will prevent any significant odors. Mitigation: See Mitigation #1 in Item 4. 6. TRANSPORTATION/01RCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? V 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? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ N LJ Use Permit: Dee Schuller, UP 99-06 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact h) Substantial impact upon existing transportation systems, including public transportation services? No Impact Response: Approval of the request will not have an impact on vehicle operations in the project area. The dogs are owned by the applicant, who does not board or keep dogs owned by other people. Butte County Sheriff's Off ce'canine units occasionally come to the site to undergo training, but this is on an irregular basis. Potential dog buyers visit the site, also on an irregular basis. No special events are proposed by the applicant that will generate large volumes of vehicle traffic. Orchard Blossom Lane will not require any road improvements due to this project. The proposed dog kennel will not have an impact to vehicle operations in the area because of the very low number of vehicle trips that the kennel use will generate. The kennel use will not have an impact on rail, waterborne, or air traffic because the project site isnot located near any such facilities. The dog kennel use will not impact any public transportation services because the project area is not served by public transportation. There is adequate area on the parcel to handle the vehicle parking needs of the kennel. 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)? 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? ■ Butte County Department of Development Services ■ Planning Division ■ 10 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: Vegetation on the site consists mostly of almond trees, with some non-native vegetation. around the two homesites. Approval of the request will not have an impact on any plant or animal species on the rare, endangered or threatened species list because these species do not exist in the project area (Butte County Master Environmental Assessment, Figure BIO -2). Most of the native vegetation on the site has been removed due to agricultural development. Only small mammals and birds are found on the site. These animals will not be disturbed by the kennel use because the dogs are not allowed outside of the kennel or fenced areas unless leashed or under voice command. The site. does not contain any wetland habitat. 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 proposed dog kennel will use a minimal amount of nonrenewable resources. The kennel is not heated or air conditioned, so large amounts of electricity or natural gas will not be required No significant mineral resources are known to exist on the project site. 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) ■ Butte County Department of Development Services ■ Planning Division ■ 11 • Use Permit: Dee Schuller; UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) `Possible interference with an emergency response plan or emergency evacuation plan? ✓ c) The creation of any health hazard or potential health hazard? ✓ d) Exposure of people to existing sources of potential health hazards? ✓ e) Increased fire hazard in areas with flammable brush, grass, or trees? ✓ Response: Approval of the request is not expected to expose the public to any health hazards. The dogs' excrement is collected and disposed of in a regularly scheduled manner and all the dogs receive regular rabies shots: All the dogs receive regular veterinary care. The threat of transmission of diseases is reduced because of these practices (see response, Item 4 regarding animal waste disposal). Access to the site is via a dirt/gravel road (Orchard Blossom Lane) which is approximately 25 feet wide. Emergency vehicles will have no problem accessing the site. Mitigation: None required. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ✓ b) Exposure of people to severe noise levels? ✓ Response: Ambient noise on and around the project area is affected primarily by agricultural operation activities, human activities on developed properties in surrounding area, and vehicle traffic on Orchard Blossom Lane. Approval of the request to permit a kennel for up to 25 dogs at this site may incrementally and cumulatively have a significant noise impact on the surrounding area due to excess barking from the dogs. The Butte County Animal Control Office has received two complaints of excess barking -on the site since the kennel use started. ■ Butte County Department of Development Services ■ Planning Division ■ 12 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Six of the ten surrounding parcels have been developed with dwelling units, with the nearest off-site dwelling units located approximately 210 and 285 feet southeast of the kennel structure. There is a potential for increased parceling on five of the ten surrounding parcels. With future parceling the density of the neighborhood could potentially increase and expose additional households to the impacts caused by the kennel. Policy # 1 of the Noise Element of the Butte County General Plan states that an acceptable noise environment should be maintained in all areas of the County. Implementation # 1 of the Noise Element recommends that Chart NO -4 (Land Use Compatibility for Community Noise Environments) be used during environmental review of projects. Chart NO -4 states that a normally acceptable noise level for agriculture areas should not exceed 70 dB La„ or CNEL. Because of the intermittent nature of the barking, the 70 dB average noise level will likely not be exceeded. If the kennel was surrounded by agricultural lands, and not residential uses, the noise generated by the kennel may be acceptable. Because there are several nearby residences, which are located in an Agricultural -Residential zone, the 70 dB noise level may not be an appropriate level to use. Chart NO -4 states that a normally acceptable noise level for residential areas should not exceed 60 dB Ldn or CNEL. Barking dog noise from the kennel may not exceed the 60 dB average noise level due to the intermittent nature of the barking. However, the barking dogs may generate enough noise to constitute a nuisance to nearby residents. The dogs are housed in the kennel, but are allowed outside to exercise and for training. According to the applicant, German shepards are not prone to barking, howling, or baying, but do tend to bark at strangers, stray dogs, and at feeding time. The dogs responded immediately to the kennel operator's commands to stop barking (site visit). When the kennel operator or other responsible person is not on the site, the dogs are locked inside the kennel structure. There is the possibility that barking dogs could create noise that becomes a nuisance to the neighbors. There is also the possibility that other breeds of dogs that tend to bark could be placed on the property. In order to ensure that the kennel use does not create any significant noise impacts several mitigation measures are recommended. One mitigation measure will require that a solid fence be *constructed around the kennel. The solid fence will prevent the dogs from seeing off the site and barking at people or other dogs and deflect some of the barking noise away from nearby residences. Another mitigation measure requires the applicant implement noise reduction measures should the County receive complaints of excess barking. Measures that could prevent excess noise may include anti -bark collars, installation of a noise -activated sprinkler system, soundproofing on the walls of the kennel, a sound wall between the kennel and the nearest dwellings, or other methods as approved ■ Butte County Department of Development Services ■ Planning Division ■ 13 0 Use Permit: Dee Schuller, UP 99-06 - • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact by the Department of Development Services. Any required noise mitigation measures will be required to be installed within one month of being identified as necessary. MITIGATION # 2: Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. MITIGATION # 3: Noise reduction measures shall be implemented by the kennel operator should complaints of excess barking be received and verified by the County. Noise reduction measures may include anti -bark collars, installation of a noise activated sprinkler system, sound proofing of the kennel walls, a sound wall, or other methods as approved by the Department of Development Services. Any required noise mitigation measures shall be installed within one month of being identified as necessary. 11.. PUBLIC SERVICES.. Would the proposal have an effect upon, or result. in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? ✓ c) Schools? ✓ d) Maintenance of public facilities, including roads? ✓ e) Other governmental services? ✓ Resyonse: Approval of the request will not result in the need for new or additional services except in the area of animal control. Approval of the Use Permit may result in additional complaints from neighbors which will require additional responses from Butte County Animal Control, particularly if noise mitigations are not followed. Mitigation: None required. ■ Butte County Department of Development. Services ■ Planning Division ■ 14 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Fess Potentially Unless Than Significant Mitigation Significant No Impact Incorporated , Impact Impact 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? ✓ b) Communications systems? ✓ c) - Local or regional water treatment or distribution facilities? ✓ d) Sewer or septic tanks? ✓ e) Storm water drainage? ✓ f) Solid waste disposal? ✓ g) Special Districts? ✓ Response: Approval of the request will require the installation of a new septic system to handle the solid wastes generated by the dogs. The new septic system will be required to be installed under permit and inspection from the Butte County Environmental Health Division. Electrical power lines already extend to the kennel. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? ✓ b) Have a demonstrable negative aesthetic effect? ✓ c) Create light or glare? ✓ Response: Approval of the request will not result in any significant impacts to scenic vistas or to the area's aesthetics. The dogs kennel is an existing structures so no new structures will be placed on the project site. The kennel cannot be seen from the nearby dwellings due to vegetation planted on the property line and around the dwellings. ■ Butte County Department of Development Services ■ Planning Division ■ 15 U Use Permit: Dee Schuller, UP 99-06 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact 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?_ No Impact Response: The project site is located in an area characterized as having a low to moderate archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. No new structures will be placed on the site due to the kennel use so no ground disturbance will occur. 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? b) Affect existing recreational opportunities? . J# Response: Approval of the request will not result in any additional demands upon recreational facilities. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 16 Use Permit: Dee Schuller, UP 99-06 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or . eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? Less Than Significant No Impact Impact Response: Approval of the request. will not have any significant impacts upon the quality of the environment, in as much as no significant impacts will result on any wildlife populations, either to plant or animal species. No known cultural resources exist on the site. There are no known cumulative impacts which would result from approval of the request. s Butte County Department of Development Services s Planning Division ■ 17 Use Permit: Dee Schuller, UP 99-06 Approval of the request may result in potentially significant noise impacts to the surrounding neighbors. The project may result in an increase in nuisance complaints to Butte County Animal Control. Approval of the request may also result in sanitation problems unless a proper septic system is installed and proper dog waste disposal practices are followed. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 2. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. 3. Noise reduction measures shall be implemented by the kennel operator should complaints of excess barking be received and verified by the County. Noise reduction measures may include anti -bark collars, installation of a noise activated sprinkler system, sound proofing of the kennel walls, a sound wall, or other methods as approved by the Department of Development Services. Any required noise mitigation measures shall be installed within one month of being identified as necessary. DATA SHEET A. Project Description. 1. Type of Project: Use Permit for a dog kennel for up to 25 dogs. 2. Proposed Density of Development: n/a. 3. Amount of Impervious Surfacing: Minimal. 4. Access and Nearest Public Road(s): Project site fronts on Orchard Blossom Lane and Hosler Avenue. The dog kennel uses Orchard Blossom Lane for access. 5. Method of Sewage Disposal: On-site septic tank/leachfield systems. 6. Source of Water Supply: On-site wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under the current A-20 zoning. ■ Butte County Department of Development Services ■ Planning Division ■ 18 Use Permit: Dee Schuller, UP 99-06 B. Environmental Setting 1. Terrain a General Topographic Character: Level with no unique topographical features. b. Slopes: 0 to 2 % . , C. Elevation: 160 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Farwell clay adobe - 2 to 3 feet thick, poor surface and subsurface drainage. b. Limiting Factors_ : Poor surface drainage. 3. Natural Hazards of the Land a. Earthquake Zone: Foothills Shear Zone. b. Erosion Potential: None. C. Landslide Potential: None. d. Fire Hazard: Unclassified - irrigated area. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: None. b. Ground Water: Large valley aquifers. C. Drainage Characteristics: Parcel generally drains to the southwest. d. Annual Rainfall (normal): 20 to 22 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, non-native vegetation around the dwelling units. 9. Wildlife Habitat: Small mammals and birds common to valley floor/orchard areas. 10. Archaeological and Historical Resources in the area: Low to moderate archaeological sensitivity area. 11. Butte County General Plan designation: Orchard and Field Crops. 12. Existing Zoning: A-20. 13. Existing Land Use on-site: Almond orchard, two single-family dwelling units, dog kennel. 14. Surrounding Area: a. Land Uses: Orchards and rural residential. b. Zoning: A-20, AR -21/2. C. Gen. Plan Designation: Orchard and Field Crops. d. Parcel Sizes: .6 to 232 acres. 15. Character of Site and Area: Agricultural - orchards and rural residential. 16. Nearest Urban Area: Chico. 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: ■ Butte County Department of Development Services m Planning Division ■ 19 oft DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S NAME (If applicant is different from owner an affidavit is required) ASSESSOR'S.PARCEL NUMBER: Dee Schuller 06-01-105 ADDRESS: CITY, STATE & ZIP CODE: FILE NUMBER (FOR OFFICE USE) 424 W. Shasta Ave. Chico, Ca 95973 99--c(a NAME OF PROPOSED PROJECT ( If any) TELEPHONE (530) 894-1215 LOCATION OF PROJECT ( Major cross streets and Address, if any 13213 Orchard Blossom T,anP GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE Dee Schuller (530) 894-1215 ADDRESS: CITY, STATE & ZIP CODE: 424 W. Shasta Ave. Chico, Ca. 95973 ZONE GENERAL PLAN EXISTING LAND USE Almond Orchard , SITE SIZE ( in Square Feet or Acres ) A20 10rch & F. Cro s Res&alences, Dog Kennel 39.87 Acs. EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) Kennel - 2870 Sq. Ft. Mobile Home - 22 None (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWEREF ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER R3 PROPERTY IS OR PROPOSED TO BE ON SEPTIC gl PROPERTY IS OR PROPOSED TO BE ON WELL WATER .»� ...1%:« .•:r%�`APPLICATION REQUESTED h : •:�.;:�,y`-,y. ;`,Fn��:.: i '>�`.'>"<�- r'r i%:aa �>,;.r. .yc•s"•>. .,..':�ixti>,. >,..T:hr:.:: i ❑ GENERAL PLAN AMENDMENT ❑ REZONE U USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ 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.) E'xisting Residences Planing DIV11flon OCT < 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 • lode the affrda wishK app ' ' a) DATE: /b - 7,U — �t 8� SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services; Richard R. Roper - Roper Associates Print Name of Agent and Phone Number P.O- Sox 885 Chi .n _ California X5927 Mailing Address is hereby authorized to process this applicatio for: Dee Schuller on my property, idcntificd as Buttc County Asscssor Parccl Numbcr: 06-01-105 This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to title interest. Owner(s) of Record: (sign and print name) Dee Schuller Print Nage�p / Signature Architect and/or Engineer: Roper Associates Print Name of ArchitectlEngineer and Phone Number Pant Name Signature P.O. Box 885 Chico, California 95927 Mailing Address Current fee for this application is $ 1, 6 y 8. o o 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, Date Received: Total Amount Received: Receipt No. Planning E.H. Land Dev. -_ Fire Dept. _ AP Number(s) _ Legal Description _ Owners Authorization _ Zoning Requirements — Project Description — Copies of Plot Plan General Information: 00 • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed 1. Name and address of owner, and/or developer, and/or project sponsor: Dee Schuller 424 W Shasta Ave. Chico, Ca. 95973 _ 2. Address of project: 13213 Orchard Blossom Lane Assessor's Parcel Number: 06-01-105 3. Name, address, and telephone number of person to be contacted concerning this project: Bi rha-rrl R gnpo-r pr)p r Aaanri atca 342-2059 P-0- Box 885 Chico Ca 95927 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: Non 5. Existing general plan designation: Orr -hard r. Fi al d rrnp--- 6. Existing zoning district: A20 7. How island currently used? 2 Residpn.rPR, FxiGting ring Kannal Almond Orchard 8. Proposed use of site (Project for which this form is filed): Existing Residences, Existing Dog Kennel, Existing Almond Orchard Project Description: 9. Site size: 39.87 Acres 4 (Acres/Sq.Feet) 10. Off-street parking spaces: Full size: N / A Compact: N / A Total: 11. Plans attached Yes _X No _ 12. Proposed development schedule N/A 13. Associated projects Non 14. Anticipated incremental or phased development N / A 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. Existing Mobile Home 2278 Sq. Ft. Existing Wood Frame House 1650 Sq. Ft. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A — Planning Division 0 C T 2.71998 0 Butte County Department of Development Services 0 Planning Division ❑ Oroville, California 1 _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A 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 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration lovels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ NO X X X X X X X X X— X X X Planning Division C T 0 Butte County Department of Development Services 0 Planning Di i ignl❑ 1998 ®roville, California 2 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. Existing Residences, Existing Dog Kennel, Existing almond Orchard 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. . Residence w/ Kiwi, Almond Orchard no Residences, Open Ground 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 (0 -20--r8 Signature for K:\FORMS\SUBMITTAL\ENV-INFO plann6ng ®► WOn - - o C1 2 71998 ❑ Butte County Department of Development Services ❑ Plannin�IitArn'ta 3 C. Planning Commission Concerns Dee Schuller - Review of Use Permit 99-06 to allow a dog kennel on property zoned A-20 located at 13213 Orchard Blossom Lane, Chico. APN 006-010-105. . Mr. Sanders gave a brief summary of the project. He said the primary issue is with the building structure. He said what standards the building must meet are in question. He said the Building Division of Development Services has stated that this building is. not up to code. He said the site is clean and well maintained. Chairman Leland asked how much should the Commission get into the building standard issue? Mr. Sanders said he did not know how much discretion the Commission has regarding building standards. He said the building was built as an agricultural building. He said it is a metal building. Mr. Parilo said because of the commercial nature of the use, there are different building codes applied to the building. He said the problem is when the public has access to the building. Commissioner Lambert asked about the cost to re -build the building. Mr. Sanders said the applicant would have to address that. Mr. Parilo said the Commission should leave the classification of the building to the Building Manager, that it was out of their jurisdiction. Mr. Sanders noted a letter from Mr. Ward. He said the applicant wants the building to be defined as an agricultural use. There was a brief discussion on the use of the building. The hearing was opened to the public. William Ward said this is a kennel located on an almond orchard and is being used as an agricultural use. He said the applicant did not think they would have to upgrade the building to commercial status. He said the reason the Building Manager is calling this a commercial building is because dogs are sold from the kennel. He said there is no boarding at this kennel. He said show dogs are sold and dogs are sold as guide dogs, etc. He said he would like it understood that puppies are not counted in the total number of dogs allowed. He said the cost would be extremely high to re -build or upgrade this building. Mr. Parilo commented that there is a Building Code appeals board. Mr. Ward said the building appears adequate. He said he is willing to build a showroom for the public if necessary. Mr. Roper discussed the foundation that was built and what is required to make the building commercial. He said it would be very expensive. He said he would like the Building Manager to come out to the property to see if a compromise could be reached. He said this kennel is a first class operation. He said they have installed a video system to help control barking. The hearing was closed. Commissioner Lambert asked if a showroom would meet the building safety code requirements? ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 ■ Mr. Parilo said yes, if they could separate it from the kennel activities. He said the problem is with having employees going into the kennel area. Chairman Leland asked if the Board can determine that this is an agricultural use? Commissioner Mooney discussed building code requirements and how occupancy is determined. Mr. Parilo said the County Code allows for agricultural buildings, but people still have to meet the agricultural building codes. He said people can get an agricultural exemption for the use of the building. He said the idea that people would not be working in the building is not true. He said the building does not meet minimum building standards. He said with an agriculturally exempt building there is no building plans and no inspections. He said the building is exempt from plans and process, but not from the building code standards. Commissioner Mooney asked Mr. Ward if a metal building is made to California Building Codes? Mr. Ward said they had a manufactured package for the building. He said the problem with this building is being called a commercial use, instead of animal husbandry. Chairman Leland asked if the Board of Supervisors can approve an exemption from the building codes? Mr. Parilo said there are climate factors, there are higher standards for snow loads for example. He said the building code is a state code. He said they might want to consider a workshop with Mr. Vieira to explain the procedures. Mr. Sanders said that this kennel is here for review. He said the Board said all dogs, including puppies, would be counted. Chairman Leland said there was nothing for the Commission to do on this item. Mr. Ward asked if the Commission could define the use as an agricultural use as opposed to a commercial use. Mr. Sanders said kennels used to be permitted in agricultural lands without a Use Permit and this changed in the late 80s. Chairman Leland said the Commission could give them an opinion that this is an agricultural use. Mr. Parilo cautioned against making a declaration on the building use without the Building Manager and County Counsel being present. Mr. Ward said he thought this was a hearing to modify the permit. Mr. Wilson said this permit was triggered by a complaint and one of the conditions when the permit was approved was to have a one year review on compliance with the conditions. He said the Board included the puppies as part of the number of dogs allowed. Chairman Leland asked if the Commission has the authority to modify conditions? Commissioner Mooney said where this is a review for compliance with conditions, the Commission can state that they do not see a problem. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 ■ Commissioner Lambert said she is not comfortable with making an opinion on whether the use is agricultural or commercial. It was moved by Commissioner Mooney, seconded by Commissioner Lambert, and unanimously carried to note that the Commission reviewed the permit and that the conditions are being met. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 FEBRUARY 10, 2000 ■ 99-34 Public Hearing -.Dee Schuller - Use Permit - consideration of an appeal of the Planning Commission's approval of a Use Permit for a dog. kennel .for up to 25 ,dogs on property zoned A-20 (Agriculture -20 acre parcels)"located on the west side of Orchard Blossom Lane, ,approximately 'moi mile north of Nord Highway at 13213 Orchard Blossom Lane on,property identified as APN 006-010-105•, northwest of Chico - action requested - SUBJECT TO ENVIRONMENTAL FINDINGS ,(A -C) AND ZONING ORDINANCE FINDING " (A) • AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 9, -1999, STAFF.RECOMMENDS THE BOARD DENY THE APPEAL AND GRANT'USE PERMIT 99-06 SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT "A" OF 'THE STAFF REPORT DATED FEBRUARY 9, 1999. (1877)(**00)*. PUBLIC HEARING OPENED, AT 10:15 A.M."'-...r r a PUBLIC HEARING'CLOSED'AT 10:45 A. M. 1. MOTION: SUBJECT -TO THE••FINDING THAT THE USE IS NOT APPROPRIATE TO THE ZONE, I MOVE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT. SM -r'. . . . VOTE: 1 N 2 Y 3 Y 4 N 5'N (Motion Failed.to Carry)- MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS (A -C) AND ZONING ORDINANCE FINDING y (A) „ AS_ DETAILED IN_.• THE •„STAFF REPORT . DATED FEBRUARY 9, 1999, I MOVE TO DENY THE APPEAL AND GRANT USE PERMIT 99-06 SUBJECT TO THE AMENDED CONDITIONS- CONTAINED IN EXHIBIT "A". OF. THE STAFF REPORT- DATED FEBRUARY 9, 1999,.AS,�_ FOLLOWS: PLANNING DEPARTMENT CONDITION OF. APPROVAL NUMBER 3 IS AMENDED TO READ:_ THE TOTAL NUMBER OF DOGS;SHALL NOT EXCEED 25 DOGS (INCLUDING PUPPIES UNDER 4 MONTHS OF AGE); 20 KENNEL ANIMALS, LIMITED TO THE GERMAN SHEPARD BREED ONLY; AND 5 .PERSONAL DOGS OF ANY BREED. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - FEBRUARY 9, 1999 Dee Schuller - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit application proposing a dog kennel for up to 25 dogs on property zoned A-20 (Agricultural - 20 acre parcels). The project is located on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Highway at 13213 Orchard Blossom Lane, identified as APN 006-010-105, northwest of Chico. (SB) (UP 99-06) (VIDEO) A video of the site was shown. Mr. Betts gave a brief summary of the project. He said the use was established 1 year ago without proper permits. The applicant was sent a letter of violation. The applicant had already applied for the Use Permit when the violation letter was received. He said the main concern with this application is noise. He said staff is requiring a solid fence be installed. Staff is asking for a maintenance plan to continue the agricultural use. Commissioner Lambert asked how many acres are devoted to the kennels? Mr. Betts said 1 to 1 %2 acres of a 40 acre parcel. He noted a petition received from neighbors on improving the road. He said the petition states that the kennel will generate a lot more traffic. This road is gravel and dirt. Commissioner Lambert said if this is approved and there are complaints, this can be referred back to the Commission. She said with a Use Permit there would be conditions to control the noise. Commissioner Cage said this is a commercial use in an agricultural area. The hearing was opened to the public. Dick Roper, representative, said the time constraint listed in the Use Permit to complete the conditions in 4 months is too restrictive. He requested that the time be changed to 6 or 8 months. He said they are coming into the rainy season. He said he talked to Ted Crawford, CDF, and was told the road is sufficient. Ray Bransky said there was another petition submitted that was signed by 20 residents regarding road and noise issues. He said this is a residential area. He said the noise last year has been noticeable. He said the kennel is an existing use in violation of the zone. He noted that Animal Control has already received two complaints on this kennel. He said by allowing the kennel to exist until there are complaints puts the burden of enforcement onto the neighbors. -He said if the Planning Commission votes in favor of this application, he asked that the Use Permit not run with the property, but with the applicant. Mr. Parilo explained that the,Use Permit runs with the land. He said there are other ways to provide limitations to the permit. He said the Commission can establish a periodic review of the project. 4 Jon Peterson said his tenants live next door to the kennel and they have a list of concerns. He read the concerns into the record. The document noted noise, road conditions, screaming from the dog trainer, and overpopulation of dogs. Julia Schuller said she lives at the end of Hosler Avenue:.. She said people in this area have no respect for other people's property. She said cars drive down the road at an -excessive speed. She said they use the road to cut through to Wilson Landing Road. She said the traffic.problems are not caused by the kennels. Sandy Dunlap said the traffic on this road has increased since the kennel was established. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 14, 1999 ■ 4 Mary Comfort, Orchard Blossom Lane, said the traffic is fast. She said she can not open her doors in the morning because of the dust caused by the traffic. Carmen Besser, Besser Court, said the kennel has disrupted their peace and quiet. She said this has been going on for one year. She said she is concerned for the safety of the children in the neighborhood and other animals. She said this kennel will lower property values in the area. Dick Roper said Hosler Avenue is 1/4 mile away. He said there are speed bumps on Orchard Blossom Lane. He said the dogs are closed in at night. He said other dogs in the area bark also. Chairman Leland asked about the applicant contributing to a road maintenance agreement. Mr. Roper said he was in favor of a road maintenance agreement if everyone on the road is participating. Mr. Peterson said the neighbors get together every 2 or 3 years and gravel the road. Mr. Bransky said people further away than him have heard the dogs barking. He said agricultural uses are not a problem, just the noise from the dogs. He said a kennel is not an agricultural use because dogs are not livestock. He was against the permit. He said a number of people do use the road to cut through to Wilson Landing Road. The hearing was closed. Commissioner Nelson asked how many dogs the applicant can have outright? Mr. Betts said 5 dogs. He said the building was placed on the property as an agricultural building. He said if the kennel is approved the building will have to get building permits and be brought up to code. Chairman Leland said there is a conflict between residential uses, the noise and traffic, and agricultural uses in the area. He said he sees the raising of dogs as an agricultural use. He said you have noise in agricultural areas such as machinery, etc. Commissioner Lambert said the neighbors have lived with this problem for a year. She said if this is approved they need to put conditions on the use and review the permit in one year. She suggested limiting the total dogs to 15 instead of 25. She said the property owners should be notified when the review is taking place. Commissioner Cage asked if there was something the Commission could do about the traffic? Mr. Parilo said no. He said this permit, if approved, could be reviewed in one year. Commissioner Lambert said this would not eliminate the neighbors' right to complain. She said she is not as concerned with the number of dogs as she is with a review. Mr. Betts said Public Works will not have any control over Orchard Blossom Lane because_ this is a private road. There was a brief discussion. Chairman Leland discussed a road maintenance agreement between the neighbors. Commissioner Lambert asked Mr. Bransky directly if there was a formal road maintenance agreement on Orchard Blossom Road? ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JANUARY 14, 1999 ■ r Mr. Bransky said no. Commissioner Lambert asked on Condition 4, if it was for 25 total dogs, or 25 kennel dogs and 5 personal dogs? Commissioner.Nelson pointed out that there is already a problem with 15 dogs. Mr. Betts said the permit would allow 25 kennel dogs and 5 personal dogs, if approved. It was moved by Chairman Leland, seconded by Commissioner Mooney, and carried to adopt a Negative Declaration with mitigation measures and approve Use Permit 99-06 for Dee Schuller, subject to the following findings and conditions changing Paragraph 2 of the Use Permit from 4 months to 8 months, add to Condition 3 "owned by others" after "dogs"; and add Condition 16 to read "No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the�applicant." Commissioner Mooney asked about having Use Permits that run with the applicant and not with the land. Chairman Leland said the Commission deals with land uses. I. FINDINGS Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. With the design of the project and the recommended mitigation measures the project will mitigate such effects to a level of insignificance; B. The proposed project 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 approved; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies; and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general Health, welfare and safety of the County because: The dogs are kept under close supervision at all times when outside the kennel and are locked inside the kennel at night and when no one is on the property; 2. The kennel use will not cause an increase in vehicle traffic; ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JANUARY 14, 1999 ■ No boarding of dogs is allowed; and '4. Conditions of project approval will require the installation of a solid fence around portions of the kennel which will prevent the dogs from seeing off the site and will help contain noise, dog waste will be picked up at least twice daily and disposed of in a separate septic system, and additional noise -reduction measures will be required should barking become a problem. CONDITIONS OF APPROVAL Planning Division 1. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall -be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 3. Commercial boarding of dogs owned by others shall not be permitted. 4. The total number of dogs over the age of four (4) months on the property shall not exceed 30 dogs: 25 dogs in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon,request. 5. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 6. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 7. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit: 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JANUARY 14, 1999 ■ 10. Remove and properly dispose of animal wastes at least twice a day. 19.1mromyMMIM •s 11. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 12. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time,of acceptance of the application. Such fees may include; but not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 13. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 14. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 15. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. 16. No later than 30 days,prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit: This review shall be scheduled for a publically noticed -hearing; the cost of which shall be borne by the applicant." AYES: Commissioners Mooney, Lambert, and Chairman Leland ,NOES: Commissioners Nelson -and Cage.. ABSENT: No one i ABSTAINED: No one Commissioner Lambert asked to change her vote at this time. 1 . r T b Staff did not know at the time how to handle the request. 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JANUARY 14, 1999 ■ s USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS • APR 2 5 2001 DATE: (Certified Mail Ree.) UP 99-06 PERMIT NO. 006-010-105 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Dee Schuller is hereby granted a Use Permit in accordance with application filed: Use Permit to allow a dog kennel for up to 25 dogs and 5 family pets. 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 finalized within eight (8) months of the delivery of the countersigned permit to the Permittee. If the use is not finalized within this time period, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 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. 4. 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 the;- rPcrPPti - rjPci PP. Prior t0 such approval, VP,.. Cat:Cn 812al1 be 1'i»:lP 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 Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of. fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 2. Commercial boarding of dogs owned by others shall not be permitted. The total number of dogs on the property shall not exceed 25 dogs: 20 German shepherds in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. 4. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 7. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the applicant. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 10. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. .All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 11. Remove and properly dispose of animal wastes at least twice a day. 12. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 13. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate'in effect at the time of acceptance of the application. Such fees may include, but r � .� ,,yam►: 9 not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 15. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 16. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. 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: 3 - 1 - i °� au ajk�u 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. tte County Board of Supervisors Chairman CC: Land Development Divisio FEB 0 9 1999 , Building Division, Environmental Health Department, Butte County Fire Dept./CDF, Butte County Animal Control. Division 6ff IdU '1 i S e PROJECT SUMMARY SHEET FILE #: P. 99-010 PROJECT TYPE: Use Permit APPLICANT: ADDRESS: % 4 For GM3g % GA a S -'`(- OWNER: Same ADDRESS: -70 7 — y (y 2-- REPRESENTATIVE: Roper &Associates 8111 W/CV A_ A'tZN, 3q2_ --7_2-Z5_ 17,-2e t{2.-222S`- 17ae nokJQn i ✓amu Ive,,_d- Ips ADDRESS: PROJECT DESCRIPTION: Use Permit for a dog kennel PROPERTY ZONED: A-20 LOCATED: AP#: 006-010-105 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: Orchard & Field Crops 1. Application complete: October 27, 1998 Amount: $ 1048.00 Receipt #:1675.2. (,5(,1jc_ wa�-ks 2. Comments sent to: E.H., LAFCo, Dev, Serv., Assess., Animal Cntrl., Ag. Comm.,CDF, G\ 4 3 4 5 6 7 Comments received from: E�A, Wf:co, 9\n*,M,t c„tk,nt, cv . L oitAina PoLkic Works Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Stephen Betts Environmental Determination: State Clearinghouse No: - Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game:_ Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: YDS 9. Clearinghouse circulation required: Yes ® Date Sent to SCH: 10. Publication Notice Written: /01— / 7-- jr Display Ad Prepared: 11. 12. 13. 14. 15. 16. 17. 18. 19. Notices Mailed: /.;2 —/,F Number of Notices:3 Newspaper Publication Date: .7 — � — `7 O O (M P C1 B Planning Commission Hearing(s): / `7� 1 %c' GD I �► Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Zi Copy of Use Permit / Variance to Planning Technician:— Ordinance No: Adopted: Fish & Game Fees Paid: Yes No I 006-010-093 A&S RANCHES INC 5018 WILSON LANDINGRD CHICO, CA 95973 006-660-018 CARRILLO, EMIGDIO 13161 ORCHARD BLOSSOM LN CHICO, CA 95973 006-660-028 MCQUISTON, JOYCE 13069 ORCHARD BLOSSOM LN CHICO, CA 95973 006-660-025 BESSER, GARY & JUDY 13031 ORCHARD BLOSSOM LN CHICO, CA 95973 006-010-105 SCHULLER, DEE 13200 HOSLER AVE CHICO, CA 95973 006-660-019 PETERSON, JON 635 PASEO COMPANEROS CHICO, CA 95928 l 006-010-092 A&S RANCHES INC. 5130 ANITA RD. CHICO, CA 95973 006-660-013 BESSER, WYLIE JOE & FLORA 3820 KEEFER RD CHICO, CA 95973 006-660-017 COMFORT, LELAND & MARY P.O. BOX 1624 CHICO, CA 95973 006-660-027 DESALEGNE, ABEBE & KELEM 870 NIEVES ST MILPITAS, CA 95035 006-660-024 BRINGOLF, DANIEL 13019 ORCHARD BLOSSOM LN CHICO, CA 95973 . 006-660-016 LAPLANT, RONALD & APRIL 13109 ORCHARD BLOSSOM LN CHICO, CA 95973 006-010-104 HOSLER FARMS 986 GLASS BEACH DR FORT BRAGG, CA 95437 006-010-003 VRISIMO, ANTONE & DEALINDA 5145 WILSON LANDING RD. CHICO, CA 95973 006-660-005 DUNCAN, RICHARD & DORA 13178 HOSLER AVE CHICO, CA 95973 006-660-029 DUNLAP, DONALD & SANDRA 13081 ORCHARD BLOSSOM LN CHICO, CA 95973 006-660-022 RASMUSSEN, DAVID & BEVERLY 4420 NORD HWY CHICO, CA 95973 006-660-020 CRIPE, JEFFREY & JOANNE 3761 ESPLANADE CHICO, CA 95973 006-660-030 PROSHOLD, SIGRID 15910 MERIDIAN RD CHICO, CA 95973 006-660-023 FATCHEN, MATTHEW & NORMA 4520 NORD HWY CHICO, CA 95973 oc>6-a10 -1) ps ©o � V 12� s � •._.,,o j p LI H os LI-rL jobC- D-1 c--3 i 0 8g Q-krrQZ� w ©`) C) 1098 10` C) i� i p p c�-c�soav l I I 0 I C,1aC227w� py A> 17a t i EL: 006 010) I05 0N00 STATUS: A SCHULLER DEE 13200) HOSLER AVE CHICO CA 95973 EL: 006 010 003 000 STATUS: A EL: 0.06-020 098 000 STATUS: A VRISIMO ANTONE & DEALINDA JANE E LEFFEL. PAUL T & CHERYL L 5145 WILSON LANDING RD — 5415 LAKE LUTHER CHICO CA 95973 LAKELAND FL 33805 EL: O06 010 092 000 STATUS: A EL: 006 E420 099 000 STATUS: A A & S RANCHES INC COMFORT LELAND E & MARY L f C/O HENNIGAN FARMS 5130 ANITA RD P 0 BOX 1624 CHICO CA 95973 CHICO CA 95927 EL: 006 1! s 093 DC Oso STATUS: A EL : 006 s%ss%s 000STATUS : A A & S RANCHES INC PETERSON JON C ETAL �. 5018 WILSON LANDING ROAD CHICO CA 95973 Ic 635 PASEO COMPANEROS CHICO CA 95928 EL: 006 010 104 000 STATUS: A ' EL: 006 020 101 000 STATUS: A { HOSLER FARMS INC CARRILLO EMIGDIO 2 & M GUADALUPE 33051 JEFFERSON WAY 13161 ORCHARD BLOSSOM LN FORT BRAGG CA 95437 CHICO CA 95973 EL: 006 020 053 .G.00 STATUS: A EL: 006 0120 104 000 STATUS: A DUNCAN RICHARD H & DORA MAE DUNLAP DONALD W & SANDRA L �. 13178 HOSLER AVE 13081 ORCHARD BLOSSOM LN CHICO CA 95973 CHICO CA 95973 EL: 006 020 068 000 STATUS: A EL': 006 020 1 is5 000 STATUS: A CRIPE JEFFREYR & JO ANNE C DESALEGNE ABEBE Z:k,ELEM TADESSE � 3761 ESPLANADE 870 NIEVES.ST i CHICO CA 95973 MILPITAS CA 9503 EL: 006 020 088 000 STATUS: A ` EL : O06 020 106 t%st% 0 STATUS: A HOBDA`( JACK R I PROSHOLD SIGRID H 13043 ORCHARD BLOSSOM LN 15910 MERIDIAN RD 4, CHICO CA 95973 t`=Y` CH I CO CA 95973 EL: 006 020 089 000 STATUS: A EL: O06 020, 1 P17 000 STATUS: A SECRETARY OF VETERANS AFFAIRS MCQUISTON JOYCE M ETAL C/O COUNTRYWIDE HOME LOANS INC P 0 BOX 10232 13069 ORCHARD BLOSSOM LN VAN NUYS ---CA 91410-0230 CHICO CA 95973 EL: 006 020 090 000 STATUS: A EL: 006 s320 154 000 STATUS: A BRINGOLF DANIEL B & LESLIE C BESSER WYLIE JOE & FLORA J � 13019 ORCHARD BLOSSOM LN 3820 KEEFER ROAD CHICO CA 95973 CHICO CA 95973 EL : 006 020 091 000 STATUS: A EL: 'j06 020 134 s% 0irlis STATUS: A BESSER GARY L & JUDY L R.ASMUSSEN DAVID E & BEVERLY L 13031 ORCHARD BLOSSOM LN 4421 NORD HWY CHICO CA 95973 CHICO CA 95973 1 t e COUNTY OF BUTTE DEPARTMENT OF DEVELO MENT SERVICES � PLANNING DIVISION Got- 6fo t' ovo 7 County Center Drive M, Oroville, CA 95965-3397 RETURN SERVICE REQUESTED c o r 0 rrsa o 76 Poamea SCHU424* 959731137 1598 14 02/12/99 RETURN TO SENDER 33051LJEFFERSON WAY FORT BRAGG CA 95437-8305 ��1111111-1111111till 1111.111'�11dl�I;�H'11�1.1l I1�11.f•�Itfiltt llJ1ill A 0 Richardson, Lynn From: Buford, Tom Sent: Wednesday, November 07, 2001 3:40 PM To: Richardson, Lynn Cc: Meleka, M.A. Subject: FW: Nadelhaus Kennels Lynn: please provide me with the file for the above case, and the minutes referred to in the e-mail. If this is going to involve any significant time or effort, let me know. Thanks. Tom -----Original Message ----- From: Pereira, Susan Sent: Tuesday, November 06, 20012:46 PM To: Buford, Tom Subject: Nadelhaus Kennels Tom, Here's the info on Nadelhaus Kennels. Use Permit: 99-06 AP 006-010-105 Also, I have Planning Commission minutes for Jan. 14, 1999; Board of Supervisors Feb. 9, 1999; and Planning Commission minutes for Feb. 10, 1999. Thanks for following through on this. Susan 1 o�UTrFo NTEROFFICE EMOIZAND UM ° O - > O O - -- p c�U % TO: Tom Buford, Interim Development Services Director --Administrative Office Phone: 538-7631 FROM: Sean B. Farrell, Deputy Administrative Officer. Fax: 538-7120 SUBJECT: Complaint Received from Ray and Jennifer Bransk/y Concerning Nadelhaus Kennels DATE: November 2, 2001 Attached you will find correspondence I received from Susan Pereira, Administrative Assistant for Supervisor Dolan, regarding complaints she has received from Ray and Jennifer BransVy. concerning the Nadelhaus Kennels. It appears that they have already made contact with Code Enforcement, however, they still have questions regarding conditions of the use permit and the Code Enforcement process. Could you please have someone contact Mr. & Ms. Branskey and let me_ know when this contact has been made? Thank you for your assistance. 9 I JANE voiaiv Supervisor, Dlstrkt 2, Butte County Office: County Building ■ 196 Memorial Way ■ Chico, Califomia , Mail: P.O. Box 3700 ■ Chico, Califomia 95927 ■ (916) 891-2830 S Date: October 25, 2001 To: Sean Farrell From: Susan Pereira, Administrative Assistant Re: Nadelhaus Kennels 13213 Orchard Blossom Lane Chico, CA 95973 Sean, ADW&IiAMS WNW OCT 3 0 2001 OROVILLE, CALIFORNIA Jane told me that you are heading up the work group for Code Enforcement/Nuisance Abatement, so I am sending you this information. Ray and Jennifer Bransky have called a couple of times about Nadelhaus Kennels. They called Code Enforcement a few months ago, but have never heard from them. They are upset for a number of reasons, mainly that the dogs bark a lot and since the kennel recently expanded, people are using Orchard Blossom Lane as an access road and driving too fast and stirring up dust. They are also among the neighbors who protested approval of the. original Use Permit. I spoke with Carl Durling in Planning. Because the Bransky's did complain to Code Enforcement, the use permit will go back to the Planning Commission for review. Carl says that the Branskys and neighbors will be notified. I then spoke with Ray Bransky, but since I didn't have the Use Permit or other information, I couldn't really answer his questions. Some of the questions he would like answered are: Can the kennels expand? Who will be notified of public hearing(s)/review? He thought traffic impact was part of the original Use Permit restrictions; is this correct? I told Mr. Bransky I would contact Development Services/Planning and make sure that someone contacts him. I am contacting you. Can you please follow through on this? The Bransky's telephone number is 896-0707. Printed on recycled paper I have since acquired a copy of the Use Permit, minutes from Planning Commission meeting of 1-14-99 which approved Use permit, Board of Supervisors minutes of 2-9-01 which denied appeal of Use Permit, and Planning Commission minutes of 2-10-00 which reviewed the permit and approved it. If you wish, I can send you a copy of this information. Thanks, Sean. Susan l� '��uford, Tom From: Buford, Tom Sent: Wednesday, November 07, 2001 3:40 PM To: Richardson, Lynn Cc: Meleka, M.A. Subject: SFW: Nadelhaus Kennels Lynn: please provide me with the file for the above case, and the minutes referred to in the e-mail. If this is going to involve any significant time or effort, let me know. Thanks. Tom -----Original Message ----- From: Pereira, Susan Sent: Tuesday, November 06, 2001 2:46 PM To: Buford, Tom Subject: Nadelhaus Kennels Tom, Here's the info on Nadelhaus Kennels. Use Permit: 99-06 AP 006-010-105 Also, I have Planning Commission minutes for Jan. 14, 1999; Board of Supervisors Feb. 9, 1999; and Planning Commission minutes for Feb. 10, 1999. Thanks for following through on this. Susan MOK M" � l Simi �UMM71 ;=�.=g1 ru g'a �HIPM®&, one Men swum MO UM '\ �®�. vim, rI/� �• 1 !� Mill. MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Butte County Planning Commission From: Development Services, Planning Department Subject: Complaint against the operation of Dog Kennel, UP 99-06 (Schuller) Date: December 13, 2001 Background On February 9, 1999, the Board of Supervisors approved Use Permit UP99-06 for a dog kennel by denying an appeal of the Planning Commission's January 14, 1999 approval of the application. One of the conditions of approval was a requirement for a one year review of the project. This review was conducted by staff and considered by the Planning Commission on February 10, 2000. The Planning Commission found that the Kennel was in compliance with the conditions of the Use Permit. The Use Permit also has, as condition #4, a requirement that upon a complaint from neighbors the Use Permit would be scheduled for review by the Planning Commission. A complaint was filed on June 6, 2001, resulting in this review by the Planning Commission. Analysis Attached are the following documents: 1. Agenda Report to the Planning Commission for the meeting of January 14, 1999. 2. Planning Commission Minutes of January 14, 1999 3. Agenda Report to the Board of Supervisors on the Appeal of Use Permit UP99-06. 4. Board of Supervisors action of February 9, 1999. 5. Agenda Report to the Planning Commission for the meeting of February 10, 2000. One year review. 6. Planning Commission Minutes of February 10, 2000. At the Planning Commission meeting of February 10, 2000 the Planning Commission determined that the Use Permit conditions were being met. Staff has again site reviewed the project and found that it remains in conformance with the Use Permit Conditions. Actions for Consideration: Staff recommends the Planning Commission take the following actions: I. Take public testimony. 11. Determine whether Use Permit UP99-06 should be scheduled for public hearing. 7QtiE r Z CI E • ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - s HOSL R FARMtR INCA -X89-C-O-�N�R • CA 2-8- 0 ` 1 ••• 1• •••kennel. -- - It -in Appro Id ■ •, cD • ' ■ - • m USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 99-06 PERMIT NO. 006-010-105 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Dee Schuller is. hereby granted a Use Permit in accordance with application filed: Use Permit to allow a dog kennel for up to 25 dogs and 5 family pets. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be finalized within eight (8) months of the delivery of the countersigned permit to the Permittee. If the use is not finalized within this time period, the permit shall become null and, void and reapplication and a new permit shall be required to establish the use. . 3. 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. 4. 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 heir 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 Planning Division IVAl. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of he fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) �� 2. Commercial boarding of dogs owned by others. shall not be permitted. ., A,, 3 The total number of dogs on the property shall not exceed 25 dogs: 20 German shepherds in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. X'V 4. 'At the written request of neighbors complaining of barking dogs from the kennel, the Use s Permit shall be brought before the Planning Commission where the -complaining parties can7w state their concerns.; The Planning Commission shall determine -if subsequent review_ is _ 4a.,i �. needed and, if required, set a hearing date to review the Use Permit'. W>.G r . 3. v.A kA&„ c4hov.�Mti 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 7. No later than 30 days prior -to the one year approval anniversary of the Planning Commissioi? :approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. tThis review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the applicant 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. (10' 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. ;�. 10.. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic systema All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 11. Remove and properly dispose of animal wastes at least twice a.day. Building Division Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or j� registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations.` 13. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but C4 not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. LY 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 16. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound w%w�"�( walls, or other humane methods.. y,�KtA, � s 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. CC: Land Development Division,.----,/ Building Division, Environmental Health Department, Butte County Fire Dept./CDF, Butte County Animal Control Division i of Supervisors Chairman FEB 0 9 1999 +.2001 04:11 ern Name SCHULLER D_EE 1 Asmt # Fee # 006-010-105.000 ACTIVE Status Date Addrl KZ�oStatus HOSLER AVE Tax 000 NORMAL OWNERSHIP TRA 062-008 Situs 113213 ORCHARD BLOSSOM LN CHI Base Dt+ rt Addr2 CHICO CA 95973 Addr3 Land 251,135; 'Addr4 J AgPres Fil Etal Structure 215;144 Fixtures 0, . . - . Comments' 0601010500 CONVERTED 09/08/88 •- »+r ' � Notes Growing 68,651 • Creating Doc# 198382897524 Date J Bonds - - — Current'Doc# 1997827294 = Date 07!23/1997 J Multi Situs Total L&I 534,930 Fix. RP 0 Killing Doc# Date- Flagl MH PP 0 Asmt Desc 13213 ORCHARD SuplCnt 0 J FIag2 PP Zoning A20 00 Dwell 3 J Asmt PP Pen Exempt 0 Acres 39.50 N/C 006 J Tax PP Pen Net '`x'534,930 R/C# J Appeal Pending .T/R Dt Y J Split Pending R1C Stat FT"OWN W. :' EXP''' TAX ATT HON ` SIT APR PCL Find I[&IAgj 2000 sa; 08/08!2000 6:17:48 PM Durling, Carl To: Meleka, M.A. Subject: Schuller dog kennel Complaint I finely was able to speak with the complainant, Bransky, re the need for a letter from her and the neighbors. She agreed to send a letter, but wants to wait until this spring when the dogs start barking again. She will address the letter to me. Carl U t: 11 Orchard Blossom Ln • 0 f�. o>M a� 04 CL a � CL cv 11 Orchard Blossom Ln • 0 f�. to: fax #: from: date: subject: pages: NOTES: BUTTE COUNTY DEVELOPMENT SERVICES 7 County Center Drive Oroville, CA 95965 (916) 538-7601 FAX (916) 538-7785 Susan 879-2479 Lynn, Planning October 16, 2001 4 Use Permit, UP 99-06, AP 006-010-105, for Dee Schuller. Complaint by Nadel Haus 12 Enclosed is a copy of the Use Permit, January 14, 1999 PC minutes, February 9, 1999, Board Minutes, and February 10, 2000 PC minutes. Please keep this for reference in the future to help locate the file. Hope this helps. 1 USE PERMIT r APR 2 5 2001 BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified MEWRec.) PERMIT NO. 006-01 0-105 ASSESSOR'S PARCEL NO.. Pursuant to the pf6visions- of the Zoning 6rdih-" of the Cd ty of Butte andthe�:. Ordinance 4" spect conditions set. forth bblow: Dee Schuller is hei6by appicatioin'filed, -.- gran e allow i'do' k6n�61 for up'to"25 and 5 Us_ Pe' 9 d family pe 1. Failure to 'comply with the conditions specified herein as the basis for approval of application and issuance of Permitcaiio constitutes cause for the revocation of said p6rim'it in accordance with the procedures set forth in the Butte County Zoning.0rdinafice, including Sec. 24-i5.65.' -IT J 7 2. Unless otherW isq provided forih a special co''nidition't6this;. Use P "mit, a conditions Permit 'must be completed prior to, or'concui-rently with,'the'6sfAblishm6 of the granted use.", The use granted by this permit` must be finalized within eight (8) mofiffig of -the delivery. of the. countersigned permittothe Permittee. If the use igii6k finalized within this time perf&;, the T permit shall becom6n'u'll and void and reapplicationI anc a new permit shall be required to "A establish the uge'." 3. The''td'ins and conditions of thi spermit shall run with the land and shall be,bmding'i!p6n and b6 to the benefit of the legal representaiives, s cessors, i�id assignsf heirs, successors; e, o the W ttee 4. Minor changes. may be approved administratively by the Directors of Development,,Servic'es, Envir6nm6ntatH6alth, or -Public Works �upon'receipt. of'i substantiated written request quest by the 'applicant, * brh Pri 6i to such al ificati6n*sh91 be made.teir respective designee. approy, ; vei -that the moidifidati6h' .by each Departhaefit"or"Divisibil is consistent w7—i't gi�ienf',li'*t*h'6' application,'fees paid and determination`as-conditionally-1approved ! '"C' ban—, gesdeemed to be. ignifi an- tiin" major or significant nature shall require a formal a-- or affi�6fidment. pp ication f CONDITIONS OF APPROVAL Planning Division_ Prior, to issuance of the Use Permit, install a'solid fence around the kennel e that prevdfitsihe dogs , from seeing off the'property. Prior to construction of this fence a plan showingthe specific location of the fence and the type of fence,"including materials and height' shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 2. Commercial boarding of dogs owned by others shall not be permitted. 3. The total number of dogs on the property shall not exceed 25 dogs: 20 German shepherds in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. 4. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 5. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator.. 6. An agricultural maintenance plan, • which provides for the continuation 'of existing agricultural activities, shall be submitted to and approved by, the 'Aghcultur'al Commissioner and Planning Division prior to issuance of the Use`Permit. 7. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of.this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a'publicly noticed hearing, the cost of which shall be borne by. the applicant. 8. Applicant must also comply with all other applicable State and local statutes ordinances and regulations. Fire Department 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 10. Prior to issuance of a Use Permit, a septic system to handle wastes from the .dogs shall be installed under permit from the Butte County Enviroiunental Health Division. The kennel operator shall clean and remove all excrement from the kennel at'least twice"per day, -and dispose of excrement in the septic; system. <All waste `water from the' kennel shall -be discharged into the septic system. The si epic tank -shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 11. Remove and properly dispose of animal wastes at least twice a day. 12. Prior to issuance _of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 13. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate•in effect at the time of acceptance of the application. Such fees may include, but not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. Animal Control 15. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal,' Control Office. 16. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. r I hereby declare under penaly of perjury that I have read the foregoing cond.itions,�that they" are in fact the conditions which were imposed upon the g tinting 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. jtteounty oard of Supervisors Chairman CC: Land Development Divisior FEB 0 9 1999; Building Division, Environmental Health Department, Butte County Fire Dept./CDF, Butte'County Animal Control Division C. Planning Commission Concerns 1. Dee Schuller - Review of Use Permit 99-06 to allow a dog kennel on property zoned A-20 located at 13213 Orchard Blossom Lane, Chico. APN 006-010-105. Mr. Sanders gave a brief summary of the project. He said the primary issue is with the building structure. He said what standards the building must.meet are in question. He said the Building Division of Development Services has stated that this building is not up to code. He said the site is clean and well maintained. Chairman Leland asked how much should the Commission get into the building standard issue? Mr. Sanders said he did not know how much discretion the Commission has regarding building standards. He said the building was built as an agricultural building. He said it is a metal building. Mr. Parilo said because of the commercial nature of the use, there are different building codes applied to the building. He said the problem is when the public has access to the building. Commissioner Lambert asked about the cost to re -build the building. Mr. Sanders said the applicant would have to address that. Mr. Parilo said the Commission should leave the classification of the building to the Building Manager, that it was out of their jurisdiction. Mr. Sanders noted a letter from Mr. Ward. He said the applicant wants the building to be defined as an agricultural use. There was a brief discussion on the use of the building. The hearing was opened to the public. William Ward said this is a kennel located on an almond orchard and is being used as an agricultural use. He said the applicant did not think they would have to upgrade the building to commercial status. He said the reason the Building Manager is calling this a commercial building is because dogs are sold from the kennel. He said there is no boarding at this kennel. He said show dogs are sold and dogs are sold as guide dogs, etc. He said he would like .it understood that puppies are not counted in the total number of dogs allowed. He said the cost would be extremely high to re -build or upgrade this building. Mr. Parilo commented that there is a Building Code appeals board. Mr. Ward said the building appears adequate. He said he is willing to build a showroom for the public if necessary. Mr. Roper discussed the foundation that was built and what is required to make the building commercial. He said it would be very expensive. He said he would like the Building Manager to come out to the property to see if a compromise could be reached. He said this kennel is a first class operation. He said they have installed a video system to help control barking. The hearing was closed. Commissioner Lambert asked if a showroom would meet the building safety code requirements? ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 FEBRUARY 10, 2000 ■ Mr. Parilo said yes, if they could separate it from the kennel activities. He said the problem is with having employees going into the kennel area. Chairman Leland asked if the Board can determine that this is an agricultural use? Commissioner Mooney discussed building code requirements and how occupancy is determined. Mr. Parilo said the County Code allows for agricultural buildings, but people still have to meet the agricultural building codes. He said people can get an agricultural exemption for the use of the building. He said the idea that people would not be working in the building is not true. He said the building does not meet minimum building standards. He said with an agriculturally exempt building there is no building plans and no inspections. He said the building is exempt from plans and process, but not from the building code standards. Commissioner Mooney asked Mr. Ward if a metal building is made to California Building Codes? Mr. Ward said they had a manufactured package for the building. He said the problem with this building is being called a commercial use, instead of animal husbandry. Chairman Leland asked if the Board of Supervisors can approve an exemption from the building codes? Mr. Parilo said there are climate factors, there are higher standards for snow loads for example. He said the building code is a state code. He said they might want to consider a workshop with Mr. Vieira to explain the procedures. Mr. Sanders said that this kennel is here for review. He said the Board said all dogs, including puppies, would be counted. Chairman Leland said there was nothing for the Commission to do on this item. Mr. Ward asked if the Commission could define the use as an agricultural use as opposed to a commercial use. Mr. Sanders said kennels used to be permitted in agricultural lands without a Use Permit and this changed in the late 80s. Chairman Leland said the Commission could give them an opinion that this is an agricultural use Mr. Parilo cautioned against making a declaration on the building use without the Building Manager and County Counsel being present. Mr. Ward said he thought this was a hearing to modify the permit. Mr. Wilson said this permit was triggered by a complaint and one of the conditions when the permit was approved was to have a one year review on compliance with the conditions. He said the Board included the puppies as part of the number of dogs allowed. Chairman Leland asked if the Commission has the authority to modify conditions? Commissioner Mooney said where this is a review for compliance with conditions, the Commission can state that they do not see a problem. ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ FEBRUARY 10, 2000 ■ Commissioner Lambert said she is not comfortable with making an opinion on whether the use is agricultural or commercial. It was moved by Commissioner Mooney, seconded by Commissioner Lambert, and unanimously carried to note that the Commission reviewed the permit and that the conditions are being met. 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 FEBRUARY 10, 2000 0 99-34 Public Hearing - Dee Schuller - Use Permit - consideration of an appeal of the Planning Commission's approval of a Use Permit for a dog kennel for up to 25 dogs on property zoned A-20 (Agriculture -20 acre parcels) located on the west side of Orchard Blossom Lane, approximately II mile north of Nord Highway at 13213 Orchard Blossom Lane on property identified as APN 006-010-105, northwest of Chico - action requested - SUBJECT TO ENVIRONMENTAL FINDINGS (A -C) AND ZONING ORDINANCE FINDING (A) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 9, 1999, STAFF RECOMMENDS THE BOARD DENY THE APPEAL AND GRANT USE PERMIT 99-06 SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 9, 1999. (1877)(**00) PUBLIC HEARING OPENED AT 10:15 A.M. PUBLIC HEARING CLOSED AT 10:45 A.M. MOTION: SUBJECT TO THE FINDING THAT THE USE IS NOT APPROPRIATE TO THE ZONE, I MOVE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT. S M VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry) MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS (A -C) AND ZONING ORDINANCE FINDING (A) AS DETAILED " IN THE STAFF REPORT DATED FEBRUARY 9, 1999, I MOVE TO DENY THE APPEAL AND GRANT USE PERMIT 99-06 SUBJECT TO THE AMENDED CONDITIONS CONTAINED 'IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 9, 1999, AS FOLLOWS: PLANNING DEPARTMENT CONDITION OF APPROVAL NUMBER 3 IS AMENDED TO READ: THE TOTAL NUMBER OF DOGS SHALL NOT EXCEED 25 DOGS (INCLUDING PUPPIES UNDER 4 MONTHS OF AGE); 20 KENNEL ANIMALS, LIMITED TO THE GERMAN SHEPARD BREED ONLY; AND 5 PERSONAL DOGS OF ANY BREED. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - FEBRUARY 9, 1999 Dee Schuller - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit application proposing a dog kennel for up to 25 dogs on property zoned A-20 (Agricultural - 20 acre parcels). The project is located on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Highway at 13213 Orchard Blossom Lane, identified as APN 006-010-105, northwest of Chico. (SB) (UP 99-06) (VIDEO) A video of the site was shown. Mr. Betts gave a brief summary of the project. He said the use was established 1 year ago without proper permits. The applicant was sent a letter of violation. The applicant had already applied for the Use Permit when the violation letter was received. He said the main concern with this application is noise. He said staff is requiring a solid fence be installed. Staff is asking for a maintenance plan to continue the agricultural use. Commissioner Lambert asked how many acres are devoted to the kennels? Mr. Betts said 1 to 1 % acres of a 40 acre parcel. He noted a petition received from neighbors on improving the road. He said the petition states that the kennel will generate a lot more traffic. This road is gravel and dirt. Commissioner Lambert said if this is approved and there are complaints, this can be referred back to the Commission. She said with a Use Permit there would be conditions to control the noise. Commissioner Cage said this is a commercial use in an agricultural area. The hearing was opened to the public. Dick Roper, representative, said the time constraint listed in the Use Permit to complete the conditions in 4 months is too restrictive. He requested that the time be changed to 6 or 8 months. He said they are coming into the rainy season. He said he talked to Ted Crawford, CDF, and was told the road is sufficient. Ray Bransky said there was another petition submitted that was signed by 20 residents regarding road and noise issues. He said this is a residential area. He said the noise last year has been noticeable. He said the kennel is an existing use in violation of the zone. He noted that Animal Control has already received two complaints on this kennel. He said by allowing the kennel to exist until there are complaints puts the burden of enforcement onto the neighbors. He said if the Planning Commission votes in favor of this application, he asked that the Use Permit not run with the property, but with the applicant. Mr. Parilo explained that the Use Permit runs with the land. He said there are other ways to provide limitations to the permit. He said the Commission can establish a periodic review of the project. Jon Peterson said his tenants live next door to the kennel and they have a list of concerns. He read the concerns into the record. The document noted noise, road conditions, screaming from the dog trainer, and overpopulation of dogs. Julia Schuller said she lives at the end of Hosler Avenue. She said people in this area have no respect for other people's property. She said cars drive down the road at an excessive speed. She said they use the road to cut through to. Wilson Landing Road. She said the traffic problems are not caused by the kennels. Sandy Dunlap said the traffic on this road has increased since the kennel was established. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 14, 1999 0 Mary Comfort, Orchard Blossom Lane, said the traffic is fast. She said she can not open her doors in the morning because of the dust caused by the traffic. Carmen Besser, Besser Court, said the kennel has disrupted their peace and quiet. She said this has been going on for one year. She said she is concerned for the safety of the children in the neighborhood and other animals. She said this kennel will lower property values in the area. Dick Roper said Hosler Avenue is 1/4 mile away. He said there are speed bumps on Orchard Blossom Lane. He said the dogs are closed in at night. He said other dogs in the area bark also. Chairman Leland asked about the applicant contributing to a road maintenance agreement. Mr. Roper said he was in favor of a road maintenance agreement if everyone on the road is participating. Mr. Peterson said the neighbors get together every 2 or 3 years and gravel the road. Mr. Bransky said people further away than him have heard the dogs barking. He said agricultural uses are not a problem, just the noise from the dogs. He said a kennel is not an agricultural use because dogs are not livestock. He was against the permit. He said a number of people do use the road to cut through to Wilson Landing Road. The hearing was closed. Commissioner Nelson asked how many dogs the applicant can have outright?. Mr. Betts said 5 dogs. He said the building was placed on the property as an agricultural building. He said if the kennel is approved the building will have to get building permits and be brought up to code. Chairman Leland said there is a conflict between residential uses, the noise and traffic, and agricultural uses in the area. He said he sees the raising of dogs as an agricultural use. He said you have noise in agricultural areas such as machinery, etc. Commissioner Lambert said the neighbors have lived with this problem for a year. She said if this is approved they need to put conditions on the use and review the permit in one year. She suggested limiting the total dogs to 15 instead of 25. She said the property owners should be notified when the review is taking place. Commissioner Cage asked if there was something the Commission could do about the traffic? Mr. Parilo said no. He said this permit, if approved, could be reviewed in one year. Commissioner Lambert said this would not eliminate the neighbors' right to complain. She said she is not as concerned with the number of dogs as she is with a review. Mr. Betts said Public Works will not have any control over Orchard Blossom Lane because this is a private road. There was a brief discussion. Chairman Leland discussed a road maintenance agreement between the neighbors. Commissioner Lambert asked Mr. Bransky directly if there was a formal road maintenance agreement on Orchard Blossom Road? ■ BUTTE COUNTY PLANNING COMMISSION • MINUTES ■ JANUARY 14, 1999 ■ Mr. Bransky said no. Commissioner Lambert asked on Condition 4, if it was for 25 total dogs, or 25 kennel dogs and 5 personal dogs? Commissioner Nelson pointed out that there is already a problem with 15 dogs. Mr. Betts said the permit would allow 25 kennel dogs and 5 personal dogs, if approved. It was moved by Chairman Leland, seconded by Commissioner Mooney, and carried to adopt a Negative Declaration with mitigation measures and approve Use Permit 99-06 for Dee Schuller, subject to the following findings and conditions changing Paragraph 2 of the Use Permit from 4 months to 8 months, add to Condition 3 "owned by others" after "dogs"; and add Condition 16 to read "No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a'publicly noticed hearing, the cost of which shall be borne by the applicant.": Commissioner Mooney asked about having Use Permits that run with the applicant and not with the land. Chairman Leland said the Commission deals with land uses. I. FINDINGS Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. With the design of the project and the recommended mitigation measures the project will mitigate such effects to a level of insignificance; B. The proposed project 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 approved; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs are kept under close supervision at all times when outside the kennel and are locked inside the kennel at night and when no one is on the property; 2. The kennel use will not cause an increase in vehicle traffic; ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 14, 1999 ■ No boarding of dogs is allowed; and 4. Conditions of project approval will require the installation of a solid fence around portions of the kennel which will prevent the dogs from seeing off the site and will help contain noise, dog waste will be picked up at least twice daily and disposed of in a separate septic system, and additional noise -reduction measures will be required should barking become a problem. CONDITIONS OF APPROVAL Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (NIM) 2. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a'plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 3. Commercial boarding of dogs owned by others shall not be permitted. 4. The total number of dogs over the age of four (4) months on the property shall not exceed 30 dogs: 25 dogs in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning .Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 6. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 7. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 0 BUTTE COUNTY PLANNING COMMISSION 0 MINUTES M. JANUARY 14, 1999 5 10. Remove and properly dispose of animal wastes at least twice a day. 11. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 12. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 13. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 14. Prior to issuance of the Use Permit, obtain a -kennel permit from the Butte County Animal Control Office. 15. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. 16. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publically noticed hearing, the cost of which shall be borne by the applicant.": AYES: Commissioners Mooney, Lambert, and Chairman Leland NOES: Commissioners Nelson and Cage ABSENT: No one ABSTAINED: No one Commissioner Lambert asked to change her vote at this time. Staff did not know at the time how to handle the request. ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 JANUARY 14, 1999 ■ December 29, 1998 Dee Schuller 33051 Jefferson Way Fort Bragg, CA 95437-8305 Corr BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE ! OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Application for a Use Permit for Dee Schuller for a Dog Kennel on APN 006-010-105, File # UP 99-06 Dear Ms. Schuller: The Butte County Planning Division 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. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and.4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, ��4 && Stephen Betts Associate Planner Enc. cc: Dick Roper, Roper & Associates, P.O. Box 885, Chico, CA 95927 Craig Erickson, Environmental Health Division DevelopmentServicee JAN 13 1 January 10, 1999 Daniel B. Bringolf 13019 Orchard Blossom Lane Chico, Ca. 95973-9721 Butte County Planning Commission In reference to a notice of a Use Permit for a 25 dog kennel located at 13213 Orchard Blossom Lane, APN 006-010-105, (SB) (UP 99-06), concerns and recommendations to follow. Orchard Blossom Lane is a privately owned road Poorly maintained, there have been numerous attempts to organize upgrades in the past to eliminate dust, mud, and pothole problems. We believe that the additional car traffic will not help this situation. Or neighborhood is located in a quiet rural area in which noise travels long distances, especially at night. We would like to request that the use permit be denied until a road improvement plan has been worked out by the property owners and the noise issue has been dealt with appropriately. Sincerely, - The undersigned are in agreement: 4 :3 - � x/99 LXX- IV 7G Y' -go /-7o 2—,ZG/ l/ s-�;Zf Y3-�� 9 OPPOSE PERMT FOR 25 DOGS We vehemently oppose the application for a permit for 25 dogs on Orchard .Blossom Lane in Chico for the following reasons: • The kennel brings traffic down to the very end of our '/2 mile long residential dirt road.-- ten to twenty non-resident cars per day drive to and from the kennel with inappropriate speed, disrespecting posted 10m.p.h. signs, and posing a threat to neighborhood children and family pets. Business ,traffic on our road is lowering the value of the homes. • The dogs are extremely loud and constantly bark at all hours of the day and night. We have chosen to live in the country for peace and quiet, but are awoken by the dogs at 6:00 in the morning on a daily basis, and often during the night while trying to sleep. • Even during the winter months with every window and door closed, barking can be heard inside our house—it is impossible to escape it. • The noise pollution from the dogs causes distraction from studying (one of us attends Chico State and has had great difficulty concentrating on studies). • At times even more disturbing than the barking is the "trainer" inappropriately screaming at the dogs things such as "SHUT UP!" or "KNOCK IT OFF!" continually throughout the day. • Millions of healthy, beautiful dogs are put to sleep every year in shelters due to pet overpopulation. Breeding dogs only serves to exacerbate this horrible problem. ",'IT,'a- '1jN199 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - January_ 14, 1998 Applicant: Dee Schuller File #: UP 99-06 Request: Use Permit for a dog kennel for up to 25 dogs G.P.: Orchard and Field Crops Zoning: A-20 (Agricultural, 20 -acre minimum parcel size) APN: 006-010-105 Location: On the west side of Orchard Blossom Lane, approximately 'h mile north of Nord Highway, at 13213 Orchard Blossom Lane, northwest of Chico Parcel Size: 39.87 acres Zone Date: 04-29-75 Supervisorial District: 4 Applicable Regulations: Butte County Code Sections 24-45 - Use Permits & 24- 90.C.3 - (Agricultural Zone) Use Permit required for dog kennels SUNEMIARY: This request is a Use Permit to bring an existing dog kennel into compliance with the A-20 zoning requirements and Section 24-90.C.3 of the Butte County Zoning Ordinance. Staff recommends approval of this project with conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The dog kennel is an existing non - permitted use that has been in operation on the property since January 1, 1998. A Use Permit is required in order to keep the dog kennel in operation on the property. No new construction will occur because the kennel has already been built. The kennel operator breeds, trains, and sells German Shepherds. These dogs are a working breed and are bred and trained for tracking, drug and bomb detection, obedience, and protection. The dogs are sold mostly to law enforcement agencies or others who need dogs with this specialty breeding and training. The kennel operator does not board or train dogs owned by other people. However, dogs owned by the Butte County Sheriff s Department occasionally come to the site for tracking training in the almond orchard. A proposed condition will.prohibit dogs not owned by the kennel operator from being boarded on the site. There are approximately 12 to 15 dogs in the kennel at any one time. The kennel operator does "basic training" for the dogs, which are then sent to Germany for advanced training, returned for additional training, and then sold. An individual dog may be at the kennel anywhere from six months to one year. According to the kennel operator, approximately six litters of dogs will be born at the kennel each year. Butte County Department of Development Services Agenda Report Ar Page 1 Ar 0 • The dogs are kept in an existing 2,870 square foot steel building with a concrete floor, which contains 16 individual kennels and several large storage rooms. There are several grass and gravel dog runs that are surrounded by six foot tall wire fences. Each individual kennel has access to an outside dog run, with the access being controlled by the kennel operator. Currently, dog excrement is picked up on an hourly basis and disposed of either in the garbage or in the septic system for the dwelling unit. The dogs are not allowed to run outside the fenced areas unless leashed or under voice control. The dogs are locked in the kennel structure at night and when the kennel operator, or other responsible person, is not on the property. During extended periods of absence, the kennel operator has someone stay on the property to care for the dogs. The site has been developed with a single family residence, an agricultural worker's residence, several grain bins, the dog kennel, and several outdoor dog runs. Most of the site is planted with an almond orchard. The site is level and does not contain any drainages or unique physical characteristics. Domestic water supply for the dwellings is provided by on-site wells and sewage disposal is handled by on-site septic systems. Access to the main dwelling unit is from Hosler Avenue, while access to the agricultural worker's residence and the dog kennel is from Orchard Blossom Lane. Orchard Blossom Lane is a gravel/dirt road that is approximately 25 feet wide. The project site is surrounded by parcels ranging in size from .6 to 237 acres. The surrounding parcels to the north, west, and east are zoned A-20 and have an Orchard and Field Crops General Plan land use designation. These parcels range in size from 19 to 237 acres. The parcels to the south of the site are zoned AR -'/i and have an Orchard and Field Crops General Plan land use designation. These parcels range in size from .6 to 4.4 acres. Land uses on surrounding parcels are orchards and dwelling units at rural residential densities. The nearest dwelling units are located approximately 210 feet and 285 feet southeast of the kennel. ANALYSIS: The A-20 zoning district allows dog kennels with a Use Permit. The dog kennel is consistent with the Butte County General Plan Orchard and Field Crops land use designation which allows animal husbandry and intense animal uses as a Secondary Use. Policy 3.2 of the Agricultural Element of the Butte County General Plan states that non-agricultural uses, such as water ski lakes, riding stables, and other uses not directly related to agriculture on agricultural lands, should be restricted in order to preserve the maximum amount of land for commercial agricultural production and to avoid conflicts. This policy further states that such facilities should be carefully located so as not to unduly interfere with existing or planned agricultural activities. The kennel will use a small portion of land that could be used for agricultural purposes. The kennel will not have an impact on adjacent agricultural use because it is located approximately 310 feet from the nearest off-site orchard. Comments were requested from the Butte County Agricultural Commissioner, but none were received. Program 3.5 of the Agricultural Element states that an agricultural maintenance plan, which provides for the continuation of existing agricultural activities, should be submitted to and approved by the Agricultural Commissioner and Planning Division when a request is made for a Use Permit on a lot with existing agricultural operations. In order to ensure the continued operation of the existing almond orchard on the site, a condition of this project requires that an agricultural maintenance plan z Butte County Department of Development Services Agenda Report a Page 2 Ar be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. The dog kennel is an existing use and is in violation of the Zoning Ordinance because a Use Permit was not obtained prior to establishment of the use. Approval of this Use Permit is necessary in order to continue the dog kennel use on the site. The applicant requests that the Use Permit be for up to 25 dogs. According to the kennel operator, there are usually 12 to 15 dogs on the site. The dogs are continually coming and going, so the number of dogs fluctuates. A proposed condition of this Use Permit limits the number of dogs over 4 months of age .to no more than 30 dogs on the property (25 dogs in the kennel and 5 personal dogs). This condition further requires that the kennel operator maintain an occupancy log showing the number of dogs on the property and to make this log available to the County upon request. This dog kennel has not and is not anticipated to generate a significant amount of vehicle traffic. No events that attract a large number of people have been held or are proposed to be held at the kennel. The only visitors to the kennel normally are potential dog purchasers CEQA ISSUES: These issues resulted from the initial study. They include the following and are discussed below: 1. Noise 2. Odors Noise Concerns The kennel operation will generate higher noise levels in the project area due to barking of the dogs. According to the kennel operator, the dogs usually bark only when they see a stranger, an unfamiliar dog, or at feeding time. The Butte County Animal Control Office has received two complaints regarding barking from the kennel. During the site visit (12/4/98), the dogs at first barked at Planning staff, but then quieted down. The site visit occurred near the time when the dogs are normally fed, which may have caused the dogs to get excited and bark. The dogs were also observed barking at a dog and people on another parcel. When this occurred the kennel operator gave commands and the dogs immediately stopped barking. The nearest dwelling units are located 210 feet and 285 feet southeast of the kennel structure, both of which are located on the same parcel. The next closet dwelling unit is located approximately 500 feet to the west of the kennel. There is a narrow strip of tall vegetation between the kennel and these houses, with additional vegetation around the dwellings.. The vegetation blocks the view of the kennel, but is ineffective in attenuating the noise from barking dogs. Additional vegetation has recently been planted by the kennel operator between the kennel and the dwellings. The kennel operator owns anti -bark collars, but only uses them in extreme cases. No other anti - barking measures, such as a noise -activated sprinkler system, are used. The walls of the'kennel do not contain any type of sound proofing material. To prevent the dogs from seeing off the property, and thus reducing the potential for barking, a mitigation measure is recommended that requires the jr Butte County Department of Development Services Agenda Report Ar Page 3 m installation of a solid fence around portions of the kennel. The fence will also help to reflect the noise from the kennel away from nearby residences. The Butte County Animal Control Office commented on this project and requests that a kennel permit be obtained from their office and that nuisance barking be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. These have been added as conditions of project approval. To further address noise concerns, staff recommends a condition that upon a written request from neighbors complaining of barking dogs from the kennel, the matter be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission can then determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. Odors The kennel operation could generate significant objectional odors if the dog excrement is not picked up on a timely basis and disposed of properly. No significant odors were detected during the site visit. According to the kennel operator, dog excrement is picked up on an hourly basis. A mitigation measure is recommended that requires dog excrement be picked up at least twice a day. Because the dog excrement will be ,picked up on a regular basis, the kennel use will not generate any significant objectional odors. Currently, the dog excrement is either placed in the gaibage for disposal at the County landfill, or placed in the on-site septic system for the dwelling unit. According to the Environmental Health Division, waste from carnivorous animals, such as dogs, is not allowed to be placed in the Neal Road Landfill. The dog wastes must be disposed of in a separate on-site septic system. A mitigation measure requires a separate septic system be installed for the kennel as approved by the Environmental Health Division. Other concerns The Butte County Fire Department/CDF requests that an all-weather access meeting Fire Department standards be provided to all structures. This has been added as a condition of project approval. The Public Works Department noted that the area is subject to flooding. However, the site is not within a designated Federal Emergency Management Agency 100 -year flood zone. The Public Works Department does not have any conditions of approval. According to the Building Division, the steel kennel structure was built as an -"Agricultural Exempt" building and a dog kennel is not a permitted use in this type of structure. Building permits must be obtained for this structure in order to ensure the provisions of the Uniform Building Code have been complied with. A condition of this project requires that building permits be obtained and a final inspection be conducted by the Building Division prior to issuance of the Use Permit. ENVIRONMENTAL DETERMINATION: An Initial Study has been prepared for this project by County staff. Staff has determined, based upon a review of the Initial Study, that project impacts can be fully mitigated. Ar Butte County Department of Development Services Agenda Report Ar Page 4 Ar RECOMMENDATION: Staff recommends that the Planning Commission adopt a Negative Declaration with mitigation measures and approve Use Permit 99-06 for Dee Schuller, subject to the following findings and the conditions listed in Exhibit A. I. FINDINGS Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California_ Environmental Quality Act identifying potentially significant environmental effects that the project may have. With the design of the project and the recommended mitigation measures the project will mitigate such effects to a level of insignificance; B. The proposed project 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 approved; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious'to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs are kept under close supervision at all times when outside the kennel and are locked inside the kennel at night and when no one is on the property; 2. The kennel use will not cause an increase in vehicle traffic; 3. No boarding of dogs is allowed; and 4. Conditions of project approval"will require the installation of a solid fence around portions of the kennel which will prevent the dogs from seeing off the site and will help contain noise, dog waste will be picked up at least twice daily and disposed of in a separate septic system, and additional noise -reduction measures will be required should barking become a problem. a Butte County Department of Development Services Agenda Report z Page 5 Ar Exhibits: A: Conditions of Approval B. Vicinity Map C: General Plan/Zoning Map D: Initial Study E. Site Plan K:\PROJECTS\UPC\SCHULLER.UP\SCHULLER.RPT AF Butte County Department of Development Services Agenda Report jr Page 6 jr EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 99-06 PERMIT NO. 006=010-105 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Dee Schuller is hereby granted a Use Permit in accordance with application filed: Use Permit to allow a dog kennel for up to 25 dogs. 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 finalized within four (4) months of the delivery of the countersigned permit to the Permittee. If the use is not finalized within this time period, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 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. 4. Nfinor 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. Ar Butte County Department of Development Services Agenda Report Ar Page 7 w CONDITIONS OF APPROVAL Planning Division Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (NEIA) 2. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) Commercial boarding of dogs shall not be permitted. 4. The total number of dogs over the age of four (4) months on the property shall not exceed 30 dogs: 25 dogs in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. At the written request of neighbors complaining of barking dogs from the kennel, the Use Permit shall be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. 6. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 7. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Fire Department 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,OOO,pound fire, apparatus to all structures. Environmental Health Division 10. Remove and properly dispose of animal wastes at least twice a day. Ar Butte County Department of Development Services Agenda Report Ar Page 8 Ar • Building Division 11. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 12. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but not be limited to: Drainage.Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 13. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. Animal Control 14. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 15. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. 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 Butte County Fire Dept./CDF Animal Control Ar Butte County Department of Development Services Agenda Report Ar Page 9 Ar '-' 'CAHIBIT i IFE Location ` r UP 99-06 APN 006-010-105 '--' / --' IFE Location ` r UP 99-06 APN 006-010-105 '--' / SCHULLER | SCHULLER ORR 7 A_ 1 5 . BUTTE COUNTY PLANNING CON USSION Applicant: Dee Schuller Owner: Same y Hearing Date: January 14, 1999 @ 9:00 am. Existing Zone: A-20 (Agricultural, 20 acre minimum) 1� Request: Use Permit to allow a dog kennel. No Scale Assessor Parcel No: 006-010-105 File: 99-06 lannin `Commission By Nick Eliena . ,-eft Writer SN!S •. ^;ORO.VILLE = A disputed kennel use permit for training police dogs in an agri- . cultural area northwest of Chico was 'apl:;oved Thursday on a one vote majority Eby, the Butte County Planning Commission. -.;j The 3-2 vote concluded a public hearing during which neighbors protested the ken- :nel4or up to 25 German shepherds that has eVp operating for a year without a use per- .Iniiii, An application for the permit was filed by kennel owner Dee Schuller after learn- ing that one is required. The kennel is located on the west side of Orchard Blossom Lane a half mile north of Nord in an agricultural zone. Protests centered primarily on noise and the potential for increased traffic along Orchard Blossom Lane, an unpaved private road that terminates in orchard land at the kennel site. The kennel site covers about 1 1/2 acres on the 39.9 -acre parcel owned by Schuller. The use permit requires the remainder of the parcel to continue to be used for agri- .culture. The German shepherds are bred and trained for tracking, search and rescue, drug and bomb detection, obedience and protection. The use permit allows up to 25 dogs raised and trained for sale plus up to five more as pets of the owner. The kennel parcel is located at the edge of a cluster of parcels zoned for 2 4/2 -acre residential lots surrounded by an `;agricul- tural zone of 20 -acre minimum' parcel sizes. Commissioner Chuck Nelson of Chico said approval of the small residential zone was a mistake in the first place, giving rise to another example of the conflicts that arise when small lot residential develop - Enterprise-Record/Saturday, January 16, 1999/3A a_ a ._ . F• -u.. — 47. Y' aa7v pproves k-enne"Fin a zone g ment is allowed in a larger -lot residential area. Ray Bransky, one of the residents, said legitimizing the kenneFis _a -"significant event',' in the neighborhood that will make noise from barking dogs permanent, and lower property values. Bransky submitted a petition signed by 20 protestants. Jon Peterson said he owns a house near the kennel that he rented to .two women who assert they are being subjected to con- stant noise they can't escape. Added to the barking is the noise by the dog trainer "who is screaming at dogs every day," he said, noting he would never live-in the house again with the kennel there. "When you move to the. country, you move to the country," Schuller's wife Julie said. she said traffic problems along Orchard Blossom Lane are caused by motorists using it and then driving through orchards as a shortcut to :Wilson Landing Road. Commissioners briefly debated whether to reduce the maximum number of dogs. If the use permit was to be approved, Commissioner Nina Lambert. said, it should include a review at the end of one. year see if impact mitigations were being observed. The commission majority agreed. Also, a review. could ' be triggered by com- plaints over the kennel's operation. The motion to approve the permit was made by Chairman Richard Leland of Durham, seconded by Mike Mooney . of Oroville and passed with'Lambert's vote. Commissioners Nelson and Leda Cage of Paradise voted no,. contending the ken- nel would be too disruptive for the neigh- bors. Bransky said he was not prepared to say whether the commission's decision will be appealed to the Board of Supervisors. In other matters, the commission: Elected Leland;last year's vice chair- -man, to the 'chair, succeeding Lambert..:; Nelson moved up from second vice chail to vice chair, and Mooney was elected see-' and vice chairman.:.. Nelson 'and Cage were reappointed to` the .Butte 'County Development Review, Committee. r • Continued a public hearing to Feb. 11 on a use permit application by Pacific Bell Mobile'Services.to-erect a communications tower' on the east side of Mariposa Avenue; .32 of a mile north of East Avenue, Chico: The tower is opposed by- neighbors as being too intrusive. Steve. Betts, associate planner for the county, said a different site in a nearby commercial area is being considered. • Approved a use permit for expansion of the Church of God in Christ's school at + the northeast corner of Burlington Avenuer and B Street in Oroville. -- ^a Mate budget 13 �4 -2�3 • COUNTY OF BUTTE . 2 5 5141 OFFICIAL RECEIPT —� OFFICE OR DEPARTMENT ISSUING RECEIPT IVA Received from ONJ The um of�� For Received: Receive&BV.A%� ��\�1 CASH \ Titl CHECK By DAVCO BUSINESS FORMS • (916) 7414511 1 ACE FOR FILING STAMP ONLY). IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing.,•,•,••••,•••,•,,,_ .................................................................................... . i AFFIDAVIT OF PUBLICATION State of California County of Butte ss. The undersigned resident of the county -of Butte, State of California; says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and' publisher of _ The Chico Enterprise -Record - Oroville Mercury Register. That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: 'Dec. 24, 1998. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. , Dated........... ec....24.,...1998................................ at Chico, California._ ..........� .............................. (Sign t re) No................................................................. SSI 1 Moth _ the 'Bi Commi; Ing' will 'ganuaq :County Room, Center, Drive, gardin TIVE MITIGA GARDI IMPACT up 10.25,dbgs on; j ed,A-20 (Agdoultw 'parcels) locafea c side of Orchard Bli approximately -115:i Nord Highway at chard Blossom:Lai as. APN 165"10 west of Chico: (SB) The above -men cation, Initial Stud are on file' and,1 public viewing. at I the Butte.County [ Services Departme nivisinn . 7 r—, (Monday through .' ,TTiui'siia) 8:00 a.m. to 4.00 p.m.) -Corn melts maybe submitted] ing at any time. phor.;tot.;thi hearing or orally at the meettfil listed above or as may bd,cop tinued to` a later .date: ,111— challenge •the !:above :eppifc'a tions In court, you may be•Ilinit ed to raising only those'ldsW You or someone else ralsedta the public hearing described ;h this notice or In whiten'dorre spondence delivered 'to thi Planning Commission, at -or pr[ or to, the. public hearing. .:r t'iP ! BUTTE COUNTY PLANNING' COMMISSION • THOMAS A. PARILO, . DIRECTOR DEVELOPMENT'.- SERVICES • •i., ,' C206131 .';I Z0 Publish: 12/24/1998 We the undersigned unanim4aiy oppose the approval of a use p�t for a dog kennel for up to 25 dogs on the property indentified as APN 006-010-105. It is o our opinion that it would significantly disrupt our right to quiet use and enjoyment of our properties. The current level of barking from the kennel on the above property has already proven to be disruptive during the evening, late night, and early morning hours. To: From: Subject: Date:. MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Board of Supervisors Department of Development Services, Planning Division Action on UP 99-06 January 28, 1999 At the January 14, 1999 hearing Planning Commissioner Nina Lambert voted with the majority to approve UP 99-06, a use permit for a dog kennel. The permit was approved on a 3-2 vote. Nina asked if she could change her vote, after the action was taken. The general belief was that once the action was taken that the action could not be brought up again to allow a change in vote. Commissioner Lambert, at the January 28, 1999 Planning Commission meeting, brought up her vote on the Planning Commission's decision on UP 99-06. She indicated a desire to change her vote on this project and stated that Robert's Rules of Order, which the Commission operates under, allowed this. She received a second on a motion to change her vote. She then changed her vote from approval to denial. If this vote stands the Planning Commission's action on the project has changed from approval to denial. This project is before the Board because of an appeal protesting Planning Commission's approval of the permit. The appeal was filed shortly after the January 28, 1999 meeting. The appeal is scheduled to be heard on February 9, 1999. Staff conferred with County Counsel about Commissioner Lambert's change of vote. Counsel indicated that legal research on the matter needs to be done and that the present change in vote had questionable legal affects. This information was conveyed to the Planning Commission before they adjourned the January 28, 1999 hearing. Staff has the following objectives with this memo. 1) Inform the Board of Supervisors of the Planning Commission's actions with regard to UP 99-06 at the January 28, 1999 meeting. 2) Request of County Counsel an opinion with the following questions to be answered. a) Can an individual Planning Commission member rescinded his or her vote immediately after the full Commission completes a roll call vote on the project. If so, what is the proper procedure? b) Can an action be rescinded after the action has been taken by the Planning Commission at the next hearing without a public notice? If so, what is the proper procedure? cc: Planning Commission Members cAmyd ocs\changevo.frm V January 19, 1999 Dee Schuller 33051 Jefferson Way FortBragg, CA 95437-8305 u to P LAND OF 'NATURAL WEALTH AND BEAUTY PLANNING DIVISbN DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 006-010-105, UP 99-04 Dear Ms. Schuller The Clerk of the Board of Supervisors set public hearing for February 9, 1999, at 10:00 a.m. to consider an appeal of the Planning Commission's approval of a Use Permit for a dog kennel on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you.have any questions regarding this matter, please contact Stephen Betts at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 1 Lynn Richardson Planning/Administrative Support Service Assistant /Ir cc: Roper & Associates Ray Bransky gufte C LAND OF NATURAL WEALTH AND BEAUTY January 7, 1999 Dee Schuller 424 W. Shasta Ave. Chico, CA 95973 Re: Use Permit, AP 006-010-105, UP 99-04 Dear Ms. Schuller PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • . OROVILLE, CALIFORNIA 95665-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for a dog kennel on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico. 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 January 14, 1999, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m.; Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Roper & Associates j:\wpdocs\pclts\schedWe.mrg BUTTE COUNTY • CLERK OF THE BOARD USE ONLY MEETING DATE: BOARD OF SUPERVISORS AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Dee Schuller (A ellant –:_:Ban Bransky) IIP 99-067--_ DEPARTMENT: DDS, Planning 1PHONt-. DATE: 1/26/99::: MEETING DATE REQUESTED: 2/09/99 CONTACT: Steve Betts — "7601 REGULAR CONSENT . DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: 4 , SUMMARY: The Planning Commission voted 3-2 to approve the Use Permit with 16 conditions. Ray Bransky, a neighboring property owner, has filed an appeal contesting this decision. The dog kennel was established,by the. applicant in January 1998, without obtaining a Use Permit. ACTION REQUESTED: Staff recommends the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission, granting Use Permit 99-06 for Dee Schuller subject to the following findings and conditions as attached. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help Previous Botrd A igntDate: Additional Information Attached: Yes No ad Describe: Rev. ilea I. FINDINGS Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. With the design of the project and the recommended mitigation measures the project will mitigate such effects to a level of insignificance; , B. The proposed project 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 approved; and C. The Board of Supervisors has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County. Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The dogs are kept under close supervision at all times when outside the kennel and are locked inside the kennel at night and when no one is on the property; 2. The kennel use will not cause an increase in vehicle traffic; 3. No boarding of dogs is allowed; and 4. Conditions of project approval will require the installation of a solid fence around portions of the kennel which will prevent the dogs from seeing off the site and will help contain noise, dog waste will be picked up at least twice daily and disposed of in a separate septic system, and additional noise -reduction measures will be required should barking become a problem. CONDITIONS OF APPROVAL Prior to issuance of the Use Permit, install a solid fence around -the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be submitted to the Planning Division. Prior to construction, the type of the fence shall be approved by the Planning Division. (MM) 2. Commercial boarding of dogs owned by others shall not be permitted. 3. The total number of dogs over the age of four (4) months on the property shall not exceed 30 dogs: 25 dogs in the kennel and 5 personal dogs. The kennel operator shall continually maintain an occupancy log. Such log shall be made available to the County upon request. 4. At the written request of neighbors complaining of barking .dogs from the kennel, the Use Permit shall- be brought before the Planning Commission where the complaining parties can state their concerns. The Planning Commission shall determine if subsequent review is needed and, if required, set a hearing date to review the Use Permit. All dogs shall be kept secured 24 hours a day unless under the verbal or leashed control of the kennel operator. 6. An agricultural maintenance plan, which provides for the continuation of existing agricultural activities, shall be submitted to and approved by the Agricultural Commissioner and Planning Division prior to issuance of the Use Permit. 7. No later than 30 days prior to the one year approval anniversary of the Planning Commission approval date of this permit, the applicant shall apply to the Planning Office for review, for compliance with the conditions of this permit. This review shall be scheduled for a publicly noticed hearing, the cost of which shall be borne by the applicant. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 9. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 10. Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 11. Remove and properly dispose of animal wastes at least twice a day. 12. Prior to issuance of the Use Permit, submit plans and calculations prepared by a licensed or registered professional architect or engineer to convert existing steel building to kennel use. Existing building(s) shall be made to comply with current Building and Zoning regulations. 13. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees may include, but not be limited to: Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 14. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 15. Prior to issuance of the Use Permit, obtain a kennel permit from the Butte County Animal Control Office. 16. Nuisance barking shall be prevented by means of noise activated sprinkler systems, sound walls, or other humane methods. ' &ECLARATION OF FEES DUE •' (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Dee Schuller 424 W. Shasta Ave. Chico, CA 95973 (530)894-1215 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption' $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee ,. $25.00 Clerk's Documentary Handling Fee lk ow' . 3. () OTHER (Specify) 011999 $25.00 Clerk's Documentary Handling Fee CA PAYMENT / NON-PAYMENT OF FEES: B i7�pUiy 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). # 17 6 6 9 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: June 29, 1999 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. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 17669. ( !DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS Ll1FC0 PLANNING PUBLIC SALES ENV. NOE/NOD HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 17669. NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. y. Project Title: UP 99-04, Use Permit AP Number: 006-010-105 Applicant: Dee Schuller, 424 W. Shasta Ave., Chico, CA 95973 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico Project Description: Use Permit for a dog kennel for 25 German Shepards and 5 family pets This is to advise that the Butte County Board of Supervisors has approved the above-described project on February 9, 1999, and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of: CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures _X were, 4. A statement of overriding considerations were not, made a condition of the approval of the project. 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 jyj_�� ZC" R ndy Wils Principal P anner Mitigation Measures: 1. Prior to issuance of the Use Permit, install a solid fence around the kennel that prevents the dogs from seeing off the property. Prior to construction of this fence, a plan showing the specific location of the fence and the type of fence, including materials and height, shall be approved by the Planning Division: Prior to construction, the type of fence shall be approved by the Planning Division. 2. Prior to issuance of the Use Permit, septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Division. The kennel operator shall clean and remove all excrement from the kennel at least twice per day and dispose of excrement in the septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte county Environmental Health Division. • 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 99-04, on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico Project Description: Use Permit for a dog kennel for 25 German Shepards and 5 family pets 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: Randy ilson, Principal Planner Lead Agency: Co ty of Butte Date: &� 1 j :\1inda\noe.nod\f&g.1et ROPER ASSOCIATES 1346 LONGFELLOW AVENUE - P.O. BOX 885 CHICO, CALIFORNIA 95926 TELEPHONE(916)342-2059 FAx (916) 342-6887 ebruary 26, 1999 Richard Price Butte County Agricultural Commissioner 316 Nelson Avenue Oroville, California 95965 Dear Mr. Price, This is in regards to the Dee Schuller Use Permit for an existing dog kennel located on Orchard Blossom Lane. One of the conditions of approval is to provide an agricultural maintenance plan. A copy of the use permit with the conditions is enclosed. This property is known as Butte County Assessor's Parcel No. 06-01-105 and is approximately 39.87 acres. In the Southwest corner of the parcel there is an existing residence with a stable and also some metal grain bins. This area is approximately 0.50 acres. In the Southeast corner of the parcel there is an existing residence and dog kennel with improvements. This area is approximately 2.30 acres. Enclosed you will find the map that was submitted with the application for the use permit. Sheet 1 shows the relation of the two areas of improvement and Sheet 2 shows the detail of the dog kennel and residence. The balance of the parcel is an existing almond orchard, being approximately 37.07 acres. In the Southeast corner the area has been cleared of the almond trees. The purpose for choosing this site for the kennel and residence is that the trees were not doing well in this area, so it seemed logical to remove poor trees over healthy producing trees. The first row of trees to the West of the fence at the kennel is approximately 48' and the first row of trees to the North of the fence at the residence is approximately 45'. There have been some barrier trees planted to the West of the kennel in the open area between the orchard and kennel. It is the intent of the owner, Dee Schuller, to continue the current farming practices that have taken place for many years. At this time there are no plans to expand the kennel facility or the residence area. This kennel facility and residence have been in place for approximately 1 year and there has not been a problem with the farming compatibility and the kennel operation. The farming operation is not going to do something that will endanger the kennel, as Dee is involved with both operations and she would like both to be viable commodities.. Please sign off on this condition with the Planning Department or notify us what is needed to meet this condition. We would request a written statement on your decision which you can send Planning Division MAR 0 1 1999 ®roville,CaMornia to Roper Associates. Thank you for your prompt response. Very truly yours, Richard R. Roper cc: William A. Ward, #9 Williamsburg Lane, Chico, Ca. 95926 Traci Needles, 13213 Orchard Blossom Lane, Chico, Ca. 95973 Dee Schuller, 424 W. Shasta Ave., Chico, Ca. 95973 Stephen Betts, Butte County Planning Department, 7 County Center Dr., Oroville, Ca. 95965 r ROPER ASSOCIATES 1346 LONGFELLOW AVENUE — P.O. BOX 885 CHICO, CALIFORNIA 95926 TELEPHONE(916)342-2059 FAX(916)342-6887 February 25, 1999 Stephen Betts Butte County Planning Department 7 County Center Drive Oroville, California 95965 Dear Mr. Betts, This is in regards to the Dee Schuller Use Permit for the existing dog kennel located on Orchard Blossom Lane. One of the conditions of approval is to build a solid fence around the kennel so the dogs cannot see off the property. The condition requires that the Planning Department review the plan and type of fence prior to construction. Enclosed you will find a plot plan showing the location of the proposed solid fence along with a fence detail showing the height and type of wood. A portion of the fence is already in place as '°shown'on the plot plan and which was shown on the original plans that were submitted with the -a lication for the use permit. It is proposed to continue with the same type of fence which will make it a solid fence and the dogs will not be able to see off the property. Please review this proposal and render a decision on the fence as we would like to start construction as soon as possible. You can send your opinion directly to Roper Associates as I have been retained to follow through on the conditions of approval. Thank you for your prompt response. Very truly yours, 44'k Planning Division Richard R. Roper F E 6 2 61999 Oroville, Calffomia cc: William A. Ward, #9 Williamsburg Lane, Chico, Ca. 95926 Traci Needles, 13213 Orchard Blossom Lane, Chico, Ca. 95973 Dee Schuller, 424 W. Shasta Ave., Chico, Ca. 95973 December 15, 1998 Dee Schuller 424 W. Shasta Avenue Chico, CA 95973 RE: Use Permit, AP#006-010-105 File No. UP 99-06 Dear Ms. Schuller: { 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 On October 27, our office received an application for a Use Permit accompanied by a deposit in the amount of $700.00. Your project is being processed by our staff on a "real time" billing basis. To date your project has incurred charges totaling $613.75. Butte County Code, Sec. 3-44 © states, in part, "When the initial deposited funds are depleted to an amount equal to twenty-five (25) percent of the original deposit, no additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit". Due to the complexity of your project, processing to date is very close to exceeding your initial deposit. To continue the processing of your project we will require that a check in the amount of $250.00 be mailed or delivered to our office on or before Monday, January 4, 1999. This will cover the charges over the initial deposit and the amount equal to your original deposit. If you have any questions, please contact Brian Larsen Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Thank you for your cooperation. Sincerely, Thomas A. Parilo Director -of Development Services TAP Jb j:\docs\refunds\n-exceed.wpd Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, January 14, 1999, 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. - Dee Schuller - Use Permit for a dog kennel for up to 25 dogs on property zoned A- 20 (Agricultural - 20 acre parcels) located on the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Highway at 13213 Orchard Blossom Lane, identified as APN 006-010-105, northwest of Chico. (SB) (UP 99-06) The above mentioned application, Initial Study, and map are on file and available for public viewang 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 Thursday, December 24, 1998. JAWPDOCS\PUBLISH\PCND.MM N-40 UP 99-06 AP# 006-010-105 Dee Schuller A-40 DIM o Ro d OFC La son nina- Ew Wil ad � liiiillili�iliWN !viii A-20 Location guo R-1 MDR A-20 OFC AR 5 A . 1� R-1 MDR A-20 OFC AR 5 A r A-40 -- - -- -- - - SR -1 e Wilson Landing Road i` IVF 1 - P -Q A-20 R-1 Project Location ' F - 6, m OJT w i n N R- 1. y O - r r . A-20 Nord Hm -40 To ay R nch oa A-20 A-40 i I satte, Count y LAND OF NATURAL WEALTH .AND BEAUTY PLANNING DIVISION b h ,gig . , ,..•.: > > : - DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 December 9, 1998 Dee Schuller 33051 Jefferson Way Fort Bragg, CA 95437-8305 Re: Application for a Use Permit for Dee Schuller for a Dog Kennel on APN 006-010-105, File # UP 99-06 Dear Ms. Schuller: Enclosed please find copies of the comments we have received from other Butte County agencies regarding your application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, Stephen Betts Associate Planner Encl. cc: Dick Roper, Roper & Associates, P.O. Box 885, Chico, CA 95927 K:\PROJECTS\UPC\SCHULLER.LOCOMNMNTS.LET INTERDEPARTMENTAL MEMORANDUM TO: Steve Betts, Planning Department FROM: Wendy Castillo, Animal Control® f L) I C -- SUBJECT: Use Permit #99-06 Schuller AP# 06-01-105 DATE: December 8, 1998 Thank you for the opportunity.to comment on this use permit. The Department received several complaints regarding barking in the summer months of 1998 at 13213 Orchard Blossom Lane. Our investigation revealed an unlicensed kennel operated by Tracy Needles. A notice of violation was issued to Ms. Needles, which apparently prompted her to make application for the use permit. The applicant breeds German Shepherd dogs. Apparently, some dogs are imported from Germany. The Department of Health and Human Services requires that imported dogs must be confined until three months of age; then antirabies vaccination to be followed by confinement for 30 days. the above restrictions are imposed under section 7;1.51 Title 42, 1 Code of Federal regulations. Recommended conditions are as follows: 1) Obtain kennel permit from Butte County Animal Control. 2) Prevent any nuisance barking by the use of noise activated sprinkler systems, sound walls, or other humane methods of sound attenuation. 3) Comply with all applicable Federal, State, and local statutes, ordinances and regulations. Planning Division 0 91998 Orovilie, California Nadglhaus German Shepherds • • http://www.nadelhaus.com/index.htm Nadelhaus German Shepherds has many years of experience in developing and breeding the total German Shepherd Dog. We breed to the World Standard! Concentrating on the working ability and structure of the breed. Our goal is to breed a dog that has the ability to obtain Schutzhund titles and conformation ratings of the highest possible. We are very proud of our dogs, and it shows in the way they are raised and cared for here. We strive to select the perfect families and homes for our dogs & puppies. A place that will compliment both dog and human temperaments. We have continuous service after the sale of our dogs. All dogs come with a written guarantee and have been vet-checked, tattooed, socialized, wormed, vaccinated to date, temperament -tested by a professional dog trainer, and, above all, very much loved! We do all this to insure that our dogs are truly Sound in Mind & Body. Browse our web site and please feel free to write or call with any questions you may have. We look forward to serving you! For information im's Progeny, For information on available puppies, see Cim's page. see our page. 0 For pedigree information, please select from the list below. F � -= VA 3 1998 VVDA Sieges Show - Large, strong, very goodmasculinityand body proportions. High withers, firm back, croup has very good length, slightly steepy, very good front and back angulations, balanced chest proportions. Correct front, correct gaites, far reaching gaites out of firm back. Confident temperament, hardness, courage and fighting drive are pronounced. Lets out. 1 of 3 10/5/98 12:22 PM Nadethaus German Shepherds • • http://www.nadethaus.com/index.htm _ normal Large, strong, good proportions, good head, high withers, very good top line, good lay on & length of croup, straight front, very good angulation of hind quarters, straight gait, far reaching gait, firm back, steady temperament. Hardness, courage & fighting drive. Does out. V Yoga Westerwaldzwinger SchH III, KKI 1a, "a" normal Big, strong, good type & expression, firm & dry. Good top line, good ,. position of croup, good front & very good rear angulation. Even chest proportions, correct front, straight coming & going. Very good far reaching gait. Hardness, courage, fighting drive. Does out. V1 Oletta vom Wnchberq SchH I, KK1a, LBZ, "a" normal OFA := •�r= . This flashy Black & Red female is happy & expressive with good chest ..,,� proportions. Very well angulated in front & rear, straight coming & going, far reaching gait, strong back, good attitude. Hardness & fighting drive, courage pronounced. Does out. Xella vom IUlonchberg SchH I, KKI 1a, "a" normal 1996 USA Vise Siegerin 18-24 mo class SG1 2x Germany - 1996 USA Vise Siegerin 18-24 mos class. Big, stretched, good pigment, good shoulders, straight firm back, croup is slightly slanted but long enough. Extremely well angulated in rear, good front angulated with good front chest proportions, long underline, dry strong bones, far reaching powerful gait with very good front closing, very expressive. Hardness, courage & fighting drive. Does out. V Dannyse vom Schaafgarten Sch I, KKI 1a, LBZ "a" normal Middle large, strong and substantial, pigmentation, withers, back and croup good. Upperarm should be better angled, deepend in chest. Back angulations very good, straight front. Straight gaits in front and rear with good reach, powerful drive, falls a little bit on the fore hand. Chest proportions and leg bones proportions are balanced. Steady temperament, fighting drive, courage, and hardness are pronounced. Lets out! Typical type brood bitch. V Kzria, vom Baronenwald Sch 11 KKI 1a "a" f normal V2 1998 USA Sieger Show - Large, middlestrong, substantial, very good expression, high withers, firm back, slightly steepy croup. Front could be t more straight. Good frontchest, good front and very good back angulation. Straight gaites. Confident temperament, hardness, courage, and fighting drive are pronounced. Lets out! V Lis;ia vorn Nadelhaus Sch I, KK1a, "a" f normal This big boned, plush, strong & sound female will be following her mother's paw prints in the Schutzhund field. Eisha will be undergoing her titles and training in 1997-98. Look for her at the USA Sieger Show. SG 5 WDA North American Sieger Show 1997 SG -i_ i iaa_von der Zenteiche "a" f normal 1997 Youth Siegerin Canada, 1997 1st place Menlo Park CA, 5x 1st place Germany - This Black & Deep Brown young female has the head turning look! Her big bones and head are exactly the type of female we are so excited about to bring into our breeding program. She has been shown several times in Germany. Almost always 1st :place. 1997 Youth Siegerin (Canada). 1997 Menlo Park Show 1st place. - P'i Zona vom Baronenwald VP1 USA Sieger Show 1998 Youth Siegerin 9-12 mo class 'd P) ;ore, vom Baronenwald 2 of 3 10/5/98 12:22 PM Nadelhaus German Shepherds • . http://www.nadethaus.com/index.htm _._... ................ — -- — --...- - ---------.... — -- ---- Copyright © 1997-1998 Nadelhaus German Shepherds Web site designed and produced by: ir:) Line C n;cations 7160 3 of 3 10/5/98 12:22 PM Contact Nadelhaus German Shepherds http://www.nadelhaus.com/contact.htm • You can call Nadelhaus at (530) 345-7999 • You can write to Nadelhaus at 4429 Angus Court, Chico, California 95973 • You can also send us e-mail at nhaus�ea.maxinet.com • Or you can use the form below. Your Name: Your E-mail Address: Your Message: Send Message I I Clear Form j RETURN TO WiN LIST Copyright © 1997-1998 Nadelhaus German Shepherds I of 1 10/5/98 12:21 PM DEE SCHULLER 424 West Shasta Avenue Chico, California 95973 November 12, 1998 Stephen Betts Butte County Planning Services 7 County Center Drive Oroville, CA 95965-3397 Re: #UP 99-06 0 Planning Division N U V 2 01998 Oroville, California Dear Mr. Betts: This is to respond to; your Tetter 'of- November -9 :19q8,: and: please consider it'as ,part of the referenced use'permit application: The kennel operation is co -owned by myself and Traci Needles. I own the land on which the kennel is located. Traci operates the kennel and lives adjacent to it. We breed German shepherd dogs for sale. We do not and will not board other people's dogs. The dogs we breed and sell are a working breed which is trained and bred specially for tracking, obedience and protection. The dogs are typically sold to law enforcement agencies or others who need dogs with that specialty_ breeding and training. Occasionally we show dogs in competition. The most number of dogs we expect to have at the location is 25. My partner Traci Needles provides training for the dogs we sell and occasionally for law enforcement. The number of dogs being trained on our property never exceeds five at a time, and training is usually done in the adjacent orchard, which I own. The dogs are always under leash or voice control. We use a variety of methods to control barking. We control the number of dogs allowed in the exercise area, keeping others in their kennel boxes; we keep the dogs physically separated and limit exposure to visitors; we screen the ' dogsviews`by' fences and- shrubbery; and only if necessary we will use bark collars. We have found the best method of controlling barking is to place the dogs inside their individual kennel boxes. We have dealt with dog excrement by depositing it into the existing septic system when possible, Stephen Betts Butte County Planning Services Novembe 12; 1998 Page 2 or by double -bagging it and placing it with our refuse. We have learned that the latter method is apparently not approved and we are now investigating the cost and feasibility of installing a septic system just for the kennel. Thank you for the opportunity to provide this additional information. Very truly yours, W40,W104, •�Dee' Schuller ' DS/jbt cc: Dick Roper bx 1 (an 1 BUTTE COUNTY Planning Division DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 1 1998 TO: Building Division ®rovill8 C FROM: Butte County Planning Division �lif®rn�� RE: Request for Comments on a Development Application: Dee Schuller, UP 99-04 DATE: November 9, 1998 CONTACT PERSON: Stephen Betts The Plann&g'Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the I project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application,for Use Permit for a dog kennel on property zoned A-20 (Agricultural -20 acres) located on the west side of Orchard Blossom Lane proximately 5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico, identified as APN 006-010-105. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 23, 1998. If no comments or r communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 548MI1 MafjS Ct4LCUl.+-noA)s ?R'FPA&C-0 13t A C& -AJ 02 i G/sTE.P�� PgOFig5SICAMC 4RZ917f'cT oil C--AJ61JEE 1D C AJVE9T LxrSTWC, ,60ILDIA16 Ta 1eEAINC-f- USE. 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • 0 RECEIVED Nim o 9 1998 BUTTE COUNTY BUILDING DIVISION APPLICANT: applicant 'DATE: November 3,1998 AGENT: Roper & Associates APN: 006-010-105 FILE #: UP 99-04 PLANNER: PROJECT DESCRIPTION: Use Permit for a dog kennel Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2 Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. J L EXISTING STRUCTURES V 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 G0 y Ai". 40 00 ti en t I), - BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 2525 Dominic Drive, Suite 1 Chico, California 95928 Tel: (530) 891-2882 Fax: (530) 891-2878 November 13, 1998 Stephen Betts, Butte County Department of Development Services Planning Department 7 county Center Drive Oroville, CA 95965 Re: Use Permit 99-04 Dear Mr. Betts: LAWRENCE D.ODLE Air Pollution Control Officer W. JAMES WAGONER Asst. Air Pollution Control Officer The District has reviewed the request for comments for a use permit for a dog kennel to be located at 13213 Orchard Blossom Lane. Our review suggest the ingress and egress will be on unpaved roads. It has been the District's experience that the potential vehicle travel for this type of use may precipitate dust complaints from nearby residents. Based on the information submitted, then, the District recommends incorporating control measures which will reduce the dust emissions from the unpaved roads such as paving and surface treating with penetration chemicals should also be considered. The District appreciates the opportunity to comment on the proposed project. If you have any questions, please contact me at 891-2882. Sincerely, Gail Williams Air Quality Planner File No 3451.1 Planning Division f4 u V 1 71998 \\bcapcd\sys\apps\wpdocs\eir\bcup9904. doc ®rovill®,California BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dee Schuller, UP 99-04 DATE: November 3, 1998 CONTACT PERSON: ��vlron NOy_4� Chico, C$1�to►nla 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 The Permit for a dog kennel on property zoned A-20 (Agdc ul iral -20 acres) located M the west side of Orchard Blossom Lane approximately.5 mile north of Nord Hwy. at 13213 Orchard Blossom Lane, northwest of Chico, identified as APN 006-010-105. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 17, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. By: / G�Date: //AxAgr' 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538Offining ®IVISIAi1 N 0 V 1 61998 Croville, Galifomia BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES Cou*Assessces Office PLANNING DIVISION N 0 v u 1 1998 TO: Assessor FROM: Butte County Planning Division owns:, Ont ' RE: Request for Comments on a Development Application: Dee Schuller, UP 99-04 DATE: November 4, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a dog kennel on property zoned A-20 (Agricultural -20 acres) located on .3$�, west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy at 13213 Orchard Blossom Lane, north =gest of Chico, identified as APN 006-010-105. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON March 11 , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 18, 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): r N Ux'viii e[7 e �2 aU �' C'oA1Pl�%Bit/ �►OY -9 Date: Plug Division NOV 2 8 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®r®villo' California L� • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Planning ®ivisi011 TO: Public Works uo b 5 1998 FROM: Butte County Planning Division ia RE: Request for Comments on a Development Application: Dee Schuller UP 99-04 ®I'�Vl��®'®� DATE: November 3, 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 for a dog kennel on property zoned A-20 (Agricultural -20 acres) located _n the west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwv at 13213 Orchard Blossom Lane, , northwest of Chico, identified as APN 006-010-105. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 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): �ih cuG c.� Gnus. � P�+P�n � n,u�✓ /� /� �/-�/"v� o By: GGA Date: .1 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 RECEIVE® NOV 0 3 1998 COUNTY OF BUTTE LAND DEVELOPMENT DIV. ;7 ,�iutte C LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 November 9, 1998 Dee Schuller 424 West Shasta Ave. Chico, CA 95973 Re: Application for a Use Permit for Dee Schuller for a Dog Kennel on APN 006-010-105, File # UP 99-04 Dear Ms. Schuller: Thank you for the submittal of the above referenced application. We have reviewed the application, maps and related items submitted in order to determine the completeness of your application. The following additional items must be submitted in order for us to determine your application complete and to begin the review process: [ ] Provide processing fees in the amount of $ [ ] Provide additional processing fees in the amount of $ [ ] Provide a current title report. [ ] Provide ownership deed(s) for parcel(s) [ ] Provide authorization to sign for [ ] Provide General Plan and Conformance Report. [ ] Provide signature of owner/applicant on [X] Please provide a compete written project description. We need to know the maximum number of dogs that will ever be at the kennel, the type of dogs, what type of kennel do you operate (i.e., do you breed dogs for sale, do you board other people's dogs, do you train dogs, etc.), how many employees, how do you dispose of the dog excrement, how do you control barking, etc. Should you have any questions concerning this matter, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Sincerely, Stephen Betts Associate Planner cc: Dick Roper, Roper & Associates, P.O. Box 885, Chico, CA 95927 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dee Schuller, UP 99-04 DATE: November 4, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a dog kennel on property zoned A-20 (Agricultural -20 acres) located on -the west side of Orchard Blossom Lane, approximately .5 mile north of Nord H3yy. at 13213 Orchard Blossom Lane, north =gest of Chico, identified as APN 006-010-105. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _November 18, 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: l S��RimuftDivision NOV0 b 998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 ®roville, California BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Dee Schuller DATE: November 3,1998 AGENT: Roper & Associates APN: 006-010-105 FILE #: UP 99-04 PLANNER: PROJECT DESCRIPTION: Use Permit for a dog kernel Those items checked are conditions of approval. PLEASE CONTACT THE BI JTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. —4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ —7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. -X8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. TO: FROM: RE: DATE: 0 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo Butte County Planning Division Request for Comments on a Development Application: Dee Schuller, UP 99-04 November". 4, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the. property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a dog kennel on property zoned A-20 (Agricultural -20 acres) located on -1he west side of Orchard Blossom Lane, approximately .5 mile north of Nord Hwy at 13213 Orchard Blossom Lane, northwest of Chico, identified as APN 006-010-105. Supervisorial District No. 4. D&2 008 - THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 18, 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): I Fu4e Co. Moss Bio CoA+101 2.. e.A.R.y,. I Lu. S. o. 4. Bulge Co�l�ge 5. C -3A No. 164 Cur4r l) A You Ma w al, -%yev;e-w Go»raAler U•P 4- A k& e/ :n /gone SiMi�av COh 4�7�ions. II Planning Division By: S�� l,�cQ, Date: ra N 0 V 0 61998 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 Or®vill%California LEAD IN SHEET FILE NO: 1' •• 1!." •'• 11.010-105 • " - Schuller,- .,Chico. CA 25973 OWNER: Same LOCATION: on the west side of Orchard Blossom Lane -, approximately .5 mile north of Nor • •♦ Orcbard Blossom :1 northwest of 1 • SUPERVISORAL DISTRICT # A -EXISTING ZONING: A-20 ZONING HISTORY: 04-29-75 SURROUNDING ZONING: SURROUNDING LAND USE: HISTORY:SITE • sent violation letter,animal •11• -d them, 2 dwellings •1 is ag "u1 • GENERAL PLAN DESIGNATION: Orchard & Field Crops APPLICABLE REGULATIONS: 6N%c s U c'ioa�N ac-cQ CLCA - A/m Rec'd 10-27-98 COMMENT DISTRIBUTION LIST APPLICATION: Dee Schuller DATE: November 3, 1998 County Offices and Cities: Chief Administrative Officer _ Develop. Services Director ✓ X Public Works Director Environmental Health _ Assessor Building Manager Sheriff BCAG _ ALUC LAFCo APCD _ Butte Co. Farm Bureau Biggs Gridley Chico Oroville— Paradise Chico Airport Commission X_ Animal Control Agricultural Commission Irrigation District: _ Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation _ Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection LX_ California Department Forestry El Medio Fire Protection District of _ 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.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Dee Schuller, UP 99-4 November 3, 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 for a dog kennel on property zoned A-20 (Agricultural -20 acres) located �n the west side of Orchard Blossom Lane, approximately 5 mile north of Nord Hwy at 13213 Orchard Blossom Lane, northwest of Chico, identified as APN 006-010-105. Supervisorial District No. -4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON March 11, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN . November 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): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 TO: FROM: RE: DATE: • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Dee Schuller, UP 99-04 November 4, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a dog kennel on property zoned A-20 (Agricultural -20 acres) located on -tl= west side of Orchard Blossom Lane, annrox= imately .5 mile north of Nord Hwv. at 13213 Orchard Blossom Lane, northwest of Chico, identified as APN 006-010-105. Supervisorial District No. A. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 11 , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 18, 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 6 APPLICANT: Dee Schuller • DATE: November 3,1998 AGENT: Roper & Associates APN: 006-010-105 FILE #: UP 99-04 PLANNER: PROJECT DESCRIPTION: Use Permit fora dog kennel Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated _, 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 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. 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 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 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. 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. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199 the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. —10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 1 L 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. e3 I ',`F��`Y`�.• .f••F e�,� t':s`'S .`,L .Y .�,.t 'F"�rp,r�y.r� .. y- 4c,- �„ r .� ;�?,C< - d �° is liS9F.,. \ - • '1 f ^ t 1f { t i'. �.1i :3 �y' o & .,, .#r+ A Y' _.-• Oy ^. -. 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