HomeMy WebLinkAboutUP 99-17PROJECT SUMMARY SHEET
FILE #: UP 99-17 PROJECT TYPE: Use Permit
APPLICANT: Doug and Kari Wheeler
ADDRESS: 3415 Smith ave., Biggs, CA 95917
OWNER: Same
REPRESENTATIVE:
0U•71ACM111
PROJECT DESCRIPTION: Use Permit for a feed store
PROPERTY ZONED: A-40 LOCATED: on the corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave.
AP#: 022-100-024 & 025 TOWN/AREA: Biggs
GENERAL PLAN DESIGNATION: Orchard and Field Crops
1. Application complete: March 12, 1999 Amount: $ Receipt #:
2
3
4
5
6
7
Commentsto: • ANIMAL CONT.,COMM.,
RECLAMATION
Comments received from:
Rezone Petition Signatures Checked: J
Mailing List/Lead-in Sheet:
Assigned To: Daniel Breedon
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:
9. Clearinghouse circulation required: Yes- No Date Sent to SCH:
10. Publication Notice Written: Display Ad Prepared:
11. Notices Mailed: 3 2-.p — 9! 9 Number of Notices:. ��
12. Newspaper Publication Date:' a6 ` 9 5 O C P 1 G/ B'
13. Planning Commission Hearing(s): 'y ;t .2 - 9 9 @ gr Ott .Q Al
Action taken:
Special Conditions:
Commission Resolution No.
14. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Type Use Permit/Send for signature:
MAY 4
16. N.O.E. / N.O.D. / APPENDIX G: t MAY 4 1999
Fish & Game Fees Paid: Yes No
17. Send validated Use Permit:
M AY 4 1999
18. Assessor's Memo:
MAY 4 1999
19. Copy of Use Permit / Variance to Planning Technician:
Doug and Kari Wheeler - proposed Negative Declaration with mitigation measures regarding
environmental impacts. The applicant requests approval of a Use Permit pursuant to Section 24-90
C. 3. of the Butte County Code to operate a feed store within an existing 24 x 36 shop, on property-
zoned
ropertyzoned A-40 (Agricultural - 40 acre parcels) located on the northwest corner of West Rio Bonito Road
and Smith Avenue, at 3415 Smith Avenue, Biggs. (UP 99-17) (DB)
Chairman Leland stepped down for this item and Vice Chairman Nelson took over the hearing.
Mr. Breedon gave a brief summary of the project. Staff used the prior Initial Study that was prepared for
the original application for a stable, etc. Staff is recommending adoption of the same mitigation measures
that had applied to the boarding stable with the deletion of Mitigations #1, #3, and #4, and modification of
Mitigation #5 limiting construction activities. He described the Lot Line Adjustment application. He said
it would not create any new parcels, but would expand a substandard parcel. He said the matter under
consideration today is for a feed store.
Commissioner Mooney said the note at the end of the Use Permit for Coffman should also be on this Use
Permit.
The hearing was opened to the public.
Doug Wheeler said his house is on the 2 acre parcel and the store will be on the 18 acre parcel.
Keri Wheeler said she is from an agricultural family. She "said she would like to have the feed store in order
to stay home with her children.
Vickie Speegle said she lives in Biggs and is in favor of this permit. She said it would make it more
convenient for her to buy feed. '
Cadie Honan said this would be good for children with 4-H animals in the area to buy feed. She was in
support of the project.
Susan Kister said she was in favor of the feed store.
Fred Gerst said he did not agree that this use was consistent with the Agricultural Element of the General
Plan. He asked Mr. Breedon to read Section 3.5 and tell him how this is consistent. He stated that a stable
is not an allowed use in the Agricultural Element.
Mr. Breedon read the section and the findings are supported by the Board of Supervisors to allow feed stores
in agricultural zones. . .
Mr. Gerst said the Agricultural Element and the Land Use Element are inconsistent. He said the Board
found this consistent with the Land Use Element and not the Agricultural Element. He said the Lot Line
Adjustment parcel must meet the code and does not in this case. He said he did not agree this should be
allowed just because the lot is already substandard.
Vice Chairman Nelson said the direction from the Board was that a feed store is consistent with the
Agricultural Element as well as the Land Use Element. He said the Commission takes its direction from
the Board.
0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 22, 1999 ■
Mr. Gerst said the stable is not an agricultural use and that is what the Board based their findings on. He
said if this is allowed, there will be more problems in the future.
Commissioner Lambert said the Board amended the Zoning Code and did not amend the General Plan. She
said she was concerned with the Agricultural Element and Land Use Element and being internally
inconsistent with each other.
Mr. Parilo said the Board referred to Agricultural Element policies when making their decision, but only
changed the Zoning Ordinance. He said the Board was aware of the Elements when making their decision.
He said the Board found feed stores, in a limited frame work, to be consistent with the General Plan
Elements.
Commissioner Lambert said she was concerned with making findings if the Agricultural Element and Land
Use Element are inconsistent.
Vice Chairman Nelson said the Board interpreted the policies of the General Plan and amended the Zoning
Ordinance.
Mr. Gerst'discussed Policy 3.2 of the Agricultural Element and its restrictions. He said he did not think the
Board took in all the ramifications of what approval of this will do to the agricultural lands. He said a stable
is a non-agricultural use.
Mr. Parilo said "restriction" in the Agricultural Element does not mean prohibit. He said the Use Permit
process is to determine compatibility with the zone. He briefly discussed exceptions in the County Code
regarding Lot Line Adjustments of substandard lots.
Levida Thomas said they should follow the zoning -code for farming and should not allow a commercial
store in agricultural land. She was against the project.
Jim Spence said a business should not be in an agricultural zone. He said it should be in a commercial zone.
Jennifer Little said this is on a one way road. She said the store will increase traffic. She said the County
should see how the stable does in -this location before approving a feed store.' She said if the store is needed,
put it in downtown Biggs where it belongs. She said people can make a living from farming.
Ms. Honan said there is no place for a feed store in downtown Biggs.
Vickie Speegle said there are people who can not buy a ton of feed at a time and would like a place to go
to buy one or two bales at a time.
The hearing was closed.
Commissioner Cage asked about this setting a precedent for feed stores in agricultural zones.
Mr. Parilo said that all requests would be required to obtain a Use Permit. He said they need to look at the
overall compatibility with agricultural lands.
■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 APRIL 22, 1999 ■
Commissioner Lambert said she can not support this request. She said this is not directly tied with.
agricultural uses or tied directly to 4-H projects which are allowed in agricultural zones. She said this is a
commercial and recreational use and the store is not internally consistent with the General Plan Elements.
Commissioner Cage said she was concerned with the 40 sq. ft. sign being placed in an agricultural zone.
Vice Chairman Nelson said he had no problem with a hay operation in the area. He said he e has no problems
with putting riding stables in the agricultural zones.
It was moved by Commissioner Mooney, seconded by Commissioner Cage, and carried to adopt the
proposed Mitigated Negative Declaration and approve Use Permit 99-17, Doug and Keri Wheeler, subject
to the findings and conditions listed below:
I. Adopt the proposed Mitigated Negative Declaration with the following 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. The design
of the project and mitigations add to the project shown in Exhibit "A", Conditions #5 - 7 will
mitigate such effects to a level of insignificance.
B. 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 Mitigated Negative Declaration reflects the independent judgement of the County of Butte;
and
II. Approve a""de minimus" exemption to the collection of Department of Fish and Game environmental
filing fees. The design of the proposed project will not cause environmental damage to fish and
wildlife or their habitat; and
III. Approve,Use Permit 99-17 subject to the conditions listed in Exhibit "A: with the following 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 properties, 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 as supported by the following:
The proposed feed store complies with the definition of a feed store contained in Butte
County Code Section 24-305.148.
2. Adoption of Conditions #1 - 11 will further protect the integrity and character of the
zone in which the land lies, and ensure that the use will not be unreasonably
incompatible with, or injurious to, surrounding properties.
Conditions of Approval:
Outdoor storage of products other than feed or grain is prohibited.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 22, 1999 ■
2. Animal feed products must be the primary merchandise offered for sale. Animal maintenance products
including medicines, vaccines and grooming supplies may be sold provided that the sale of these
products is ancillary to the sale of feed products.
A single, unlighted building or ground sign, not exceeding 40 -square feet in display area shall be
permitted. If a ground sign is used it shall not exceed 6 -feet in height. The sign shall be limited to
advertising only those services established under this Use Permit.
4. The applicant shall provide an all-weather access designed to accommodate a 40,000 -pound fire
apparatus with a minimum of 10 -feet of width and 15 -feet of vertical clearance.
Provide drainage studies to Reclamation District No. 833 and install improvements if necessary, to the
satisfaction of the District, to ensure that there are no increases in peak drainage flows into the existing
drainage facility. (Mitigation Measure #1)
6. Any construction activities shall be limited to the hours of 8:00 a.m. - 5:00 p.m. (Mitigation Measure
#2)
7. All new exterior lighting associated with the feed store shall be shielded and directed downwards so
that light does not spill off-site onto adjacent properties. (Mitigation Measure #3)
8. Prior to issuance of the occupancy permit,provide a minimum of six off-street parking spaces in
accordance with Butte County Code Section 24-240 and sufficient turn -around area for trucks and
horse trailers on-site. A minimum of 2 -inches of Class II aggregate base surface shall be provided for
` the parking area shown on the Use Permit plot plan in order to act as a dust palliative in accordance
with Butte County Code Section 24-240.10. -
9. A restroom for public and employee use shall be provided and shown on the building permit
construction plans. This will require the installation of a septic system. Septic system construction
must be approved by the Butte County Environmental Health Department, and be located on the same
parcel as the feed store. No lot lines may be crossed with the septic system.
10. Prior to the issuance of building permits, the permittee shall deed to Butte County, in fee simple, 30 -
feet of right-of-way from the centerline of Smith Avenue and West Rio Bonito Road. The right-of-way
shall be sufficient for the installation of standard No. S-5 at all intersections.
11. The applicant shall comply with all environmental mitigations and other applicable state and local
ordinances, statutes, and regulations.
AYES: Commissioners Cage and Mooney, and Vice Chairman Nelson
NOES: Commissioner Lambert
ABSENT: No one
ABSTAINED: Chairman Leland
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 APRIL 22, 1999 ■
DEPARTMINT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
it: Agent inrormation to be provided is on other side:
APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER
Koxi Whe-eter- (0 Q,-3 -loo 7_pl q)(0 aa- I
ADDRESS: CITY, STATE & ZIP CODE: FILE NUMBER. TOR OFFICE USE)
3,Y 16- Smt h AL)Q- bi G-cs cA. 9 s- 7 U -P
NAME OF PROPOSED PROJECT (If any) TELEPHONE
Whe-e*r Ro-nc-h (530) 87tog -71 to
LOCATION OF PROJECT Major cross streets and Address, if any
Ccemz aib 6m-,�h _Aoe
GENERAL INFORMATION REQUIRED
-7
OWNER'S NAME b F0 R TELEPHONE
ar-' WKee-kr - 1
ADDRESS: CITY, STATE & ZIP CODE
3q 69,95 -7,
ZONE _GENERAL PLAN EXISTING LAND USE SITE SIM in Square Fed or Aces)
R9 CIO 0 e- eoA
EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES in Square Feet) is
k'0'k5C-- 15,00 sq, 6MO-LI -Pe-eut Sore V X 3(,
Sh'a 0 /B^f% C—do'
(Check One) (Check One)
E3 PROPERTY IS OR PROPOSED TO BE SEWERED E3 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
PROPERTY IS OR PROPOSED TO BE ON SEPTIC EA PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
13 TENTATIVE SUBDIVISION MAP
13 TENTATIVE PARCEL MAP
C3 WAIVER OF PARCEL MAP
[3 BOUNDARY LINE MODIFICATION
[3 LEGAL LOT DETERMINATION
E3 CERTIFICATE OF MERGER
[3 MINING AND RECLAMATION PLAN
C3 OTHER
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPO ED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and
size of parcels.) Shop On Qlrooz
CA nA hQA2,n Te e.1 64 -c -N -e-, W i't
A
an ng
MAR 1 494
J KIPL
OWNER CERTIFICATION V
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 MS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFOR-\IATION IS TRUE AND
ACCURATE (If an agent is to be authorized, execute an affidavit of authorizationanZdi lode
the affidavit with this application.)
DATE: 4
SIGNATURE: (,JhPti-A-,
[3
GENERAL PLAN AMENDMENT
13
REZONE
USE PERMIT
C1
MINOR USE PERMIT
E3
VARIANCE
13
MINOR VARIANCE
13
ADMINISTRATIVE PERMIT
C3
DEVELOPMENT AGREEMENT
13 TENTATIVE SUBDIVISION MAP
13 TENTATIVE PARCEL MAP
C3 WAIVER OF PARCEL MAP
[3 BOUNDARY LINE MODIFICATION
[3 LEGAL LOT DETERMINATION
E3 CERTIFICATE OF MERGER
[3 MINING AND RECLAMATION PLAN
C3 OTHER
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPO ED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and
size of parcels.) Shop On Qlrooz
CA nA hQA2,n Te e.1 64 -c -N -e-, W i't
A
an ng
MAR 1 494
J KIPL
OWNER CERTIFICATION V
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 MS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFOR-\IATION IS TRUE AND
ACCURATE (If an agent is to be authorized, execute an affidavit of authorizationanZdi lode
the affidavit with this application.)
DATE: 4
SIGNATURE: (,JhPti-A-,
,AGENT AUTHORIZATION
To Butte County, Department of Development Services;
Print Name of Agent and Phone Number
Mailing Address
is hereby authorized to process this applicatio for:
on my property, identified as Butte County Assessor Parcel Number:
This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all
documents necessary for said processing, but not including document(s) relating to title interest.
Owner(s) of Record: (sign and print name)
Print Name
Cly
Signature
Architect and/or Engineer:
Print Name of Anhilex /Enginea and Phone Number
Mailing Address
�ri
Print Name
Of
Signature
Current fee for this application is $ - 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.
PlanniE.H. Land Dev.
_.APS Number(s)
Owners Authorization
,Project.Description
Fire Dept.
_ Legal Description
_ Zoning Requirements
Copies of Plot Plan
COUNTY OF BUTTE
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
Date Filed 3 -to -1717
General Information:
1. Name and qddress of owner, and/or developef, and/or project sponsor:
2. Address of project:' i
Assessor's Parcel Number:. 0,2a -ino- C),24 U a a. I S O- 5 "rA 310, 37. 31-�
3. Name, address, and telephone number of person to be contacted concerning this project:
lib Ioh-Da e -%l—I'1l(n
4. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state and federal agencies:
5. Existing general plan designation:
6. Existing zoning district:
7. How is land currently used? QrW was ire w s fnep
8. Proposed use of site (Project for which this form is filed):
`ymoLIt -Pe-e4
Project Description:
9. Site size: D rc' (Acres/Sq. =eet)
10. Off-street parking spaces: Full size: I/� Compact: O/A Total:` NIX
11. Plans attached YesY No
12.
13.
Associated projects
14. Anticipated incremental or phased development
Attach description of project containing the following information:
15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type• of
household size expected.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of szles
area and loading.facilities.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
Planning Divislon
❑ Butte County Department of Development Services ❑ Planning Wn11� 1999
®roville, Calwomia
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.
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 atta.h 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 levels
in the vicinity.
27. Site on filled land or on slopes of 10 percent or more.
28. Use of, or disposal of potentially hazardous materials,
such as toxic substances, flammable or explosives.
29. Substantial change in demand for municipal services
(police, fire, water, sewage, etc. including special districts).
30. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
0 Butte County Department of Development Services ❑ Planning Division ❑
2
NO
Environmental Setting: (Attach brief description)
32. Describe the project site as it exists before the project, including information on topography, soil stability, ple nts
and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and
the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted!
33. Describe the surrounding properties, including information on plants and animals and any cultural, histori:al,
or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family,
apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear
yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted.
Certification
I hereby certify that the statements fumished above and in the attached exhibits present the data and informa�on
required for this inial evaluation to the best of my ability, and that the facts, statements, and information presented are
true and correct to the best of my knowledge and belief.
Date Signature for
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❑ Butte County Department of Development Services Cl Planning Division ❑
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EL: 022 100 024'000 STATUS: IN
'WHEELER DOUGLAS F & KARI LEE | (
3415 ~SMITH AVE
BIGGS CA 95917
EL: 022 080 014 000 STATUS: AC
KRENTZ JULES L & EDNA L TR ETAL
KRENTZ JULES L & EDNA L TRS
164 BIGGS EAST HWY
BIGGS CA 95917,
EL: 022 080 032 000 STATUS: AC
LIBBY TERRY WAYNE
3360 MILKY WAY
BIGGS CA 95917
EL: 022 080 034 000 STATUS: AC
STANLEY MICHAEL LEWIS & CORDELIA
3342 MILKY WAY
BIGGS CA 95917-9751
EL: 022 080 035 000 STATUS: AC
BAILEY JAMES C & CLARA M `
3332 MILKY WAY
BIGGS CA 95917
EL: 022 100 005 000 . STATUS: IN
BASLEY CLIFFORD W & MINNIE H
.
206 WEST RIO BONITO ROAD
BIGGS CA 95917
EL: 022 100 011 000 STATUS; AC '
[
BIGGS UNIFIED SCHOOL DISTRICT ~-
P O BOX 397
/
91"GGS CA 95917
EL: 022 100 014 000 STATUS: AC
SATUR PAUL & PAULINE S '
190 B ST
BIGGS CA 95917
EL: 022 100 016 000 STATUS: AC
BAYLES LIVING TRUST ETAL
BAYLES MELVA TRUSTEE
P O BOX 536 ,
BIGGS CA 95917
EL: 022 100 020 000 STATUS: AC
COOPER DEWEYJOHN & LINDA L ETAL
3314 MILKY WAY
�
BIGGS CA 95917
EL: 022 100 021 000 STATUS: PROC
WESTERMAN FAMILY TRUST -
WESTERMAN RALPH L & NAOMA J TRUS�-,
3306 MILKY WAY
BIGGS, CA95917 `
EL: 022 100 022 000 STATUS: A:'
BAYLES DANIEL JR MARITAL TRUST ET
P O BOX 367
BIGGS CA 95917
MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
To: Tom Parilo, Director
From: Dan Breedon Senior Planner
Subject: Request for minor change to Use Permit 99-17
Date: July 7, 1999
Pursuant to Use Permit standard condition#3, Doug.Wheeler hasrequested a change in the hours
allowed for construction of the feed store permitted under this Use Permit. He indicates that high
temperatures during the afternoon preclude strenuous activity and would like to amend the hours to
start at 7:00 a.m. and end at 8:00 p.m. to provide additional hours during.cooler hours of the day.
Condition #6 limits construction activities to the, -hours of 8:00 a.m: - 5:00 p.m. This was adopted
as a mitigation to reduce impact to ambient noise levels. The nearest sensitive receptor is a house
which is owned by Wheeler.
This request seems reasonable so long as it is temporary during periods of high daytime temperature.
This will be at worst a temporary impact, which only poses an impact to the ambient level, and would
not expose individuals to severe noise levels. In addition, the, condition is only applicable during
construction, which should be completed within one month.
Doug Wheeler's written request is attached.
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Environmental)
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES MAR 15 1999
PLANNING DIVISION 7 County Center Drive
TO: Environmental Health Oroville, Ca
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 15, 1999 CONTACT PERSON: ba'r , d2e�,�
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 feed store on property zoned A-40(Agricultural-40 acres) located on _&
corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave.,,_Bi_gs, identified as APN 022-100-024 & 025.
Supervisorial District No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON July 22, 1999.
!►,,. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 29, 1999. 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 page/ss if necessary): r
Qyn6un,
0
PlmirdngDWIon
7 County Center Drive - Oroville, California 95965 - 530-538-7601 -.FAX 530-538-77AAR 3 0 1999
0=11199 callornia
TO:
FROM:
RE:
Animal Control
BUTTE C
BUTTE COUNTY ANIMAL_ Ct°NN
TP7
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION MAR 2 3 1999
18-13 COU114 Umfor wave
Orovil>eI CA 98985
Butte County Planning Division
Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 19, 1999 CONTACT PERSON: Daniel Breedon
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 feed store on property zoned A-40(Agricultural-40 acres) located on the corner
of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Bigg, identified as APN 022-100-024 & 025. Supervisorial District
No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A -HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ONnn l 22 , 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THANrn it 5, 1999. 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):
. An
ADD 0 Q 199
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
NOTICE OF DETERMINATION
TO: _ Office of Plan.& Research Dept.
1400 Tenth Street MAY -61999.
Sacramento, CA 95814
X Butte County Clerk CANCACLGRQBPu,,9.Co. Clerk
FROM: Butte County Planning �y Deputy
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 99-17, Use Permit
AP Number: 022-100-024 & 025
Applicant: Doug and Kari Wheeler, 3415 Smith ave., Biggs, CA 959.17
State Clearinghouse.Number (If submitted to clearinghouse):
Contact Person: Daniel Breedon Telephone Number: 538-7601
Project Location: on the corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs
M1
Project Description: Use Permit fora feed store .
This is to advise that the Butte County Planning Division has approved the above-described project on April 22, 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, 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
ndy W on
Principal Planner
Mitigation Measures: • •
1. Provide drainage studies to Reclamation District No. 833 and install improvements if necessary, to the satisfaction
of the District, to ensure that there are no increases in peak drainage flows into existing drainage facility.
2. Any construction activities shall be limited to the hours of 8:00 a.m. - 5:00 p.m.
3. All new exterior lighting associated with the feed store shall be shielded and directed downwards so that light does
not spill off-site onto adjacent properties.
i
11
DECLARATION OF FEES DUFJR
• (Ca ifornia Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Doug and Kari Wheeler
3415 Smith ave.
Biggs, CA 95917
(530) 868-1716 FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
() A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
(X) B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
O A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. () OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). 417166
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: May 4, 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.
•
eu
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 99-17, on the corner of Rio Bonito and Smith Avenue,
at 3415 Smith Ave., Biggs
Project Description: Use Permit for a feed store
Findings of Exemption (attach as necessary):
1. The county of Butte has conducted an initial study and prepared a (Negative
Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or the habitat upon
which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of
Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish•and Game filing fees required by Section 711.4 of the Fish and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that
based upon the initial study and hearing record the project will not individually or cumulatively
have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game
Code.
j A1inda\noe.nod\f&g.1et
By:
Rand ilson
Principal Planner
Lead Agency: County of Butte
Date: May 4, 1.999
J1
NOTICE OF DETERMINATION
Lin om
TO: _ Office of Plan.& Research Dept.
1400 Tenth Street MAY _ g 1999
Sacramento, CA 95814
X Butte County Clerk CAN�GRU65S,e co. clerk
Deputy
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 99-17, Use Permit
AP Number: 022-100-024 & 025
Applicant: Doug and Kari Wheeler, 3415 Smith ave., Biggs, CA 95917
State Clearinghouse Number (If submitted to clearinghouse):
Contact Person: Daniel Breedon Telephone Number: 538-7601
Project Location: on the corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs
Project Description: Use Permit for a feed store
This is to advise that the Butte County Planning Division has approved the above-described project on April 22, 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, 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.
♦7
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
ndy A or
Principal Planner
M;tigation Measures:
1. Provide drainage studies to Reclamation District No. 833 and install improvements if necessary, to the satisfaction
of the District, to ensure that there are no increases in peak drainage flows into existing drainage facility.
2. Any construction activities shall be limited to the hours of 8:00 a.m. - 5:00 p.m.
3. All new exterior lighting associated with the feed store shall be shielded and directed downwards so that light does
not spill off-site onto adjacent properties.
DECLARATION OF FEES DUE•
(Ca ifornia Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Doug and Kari Wheeler
3415 Smith ave.
Biggs, CA 95917
(530) 868-1716
FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
() A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
(X) B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. () OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). #17166
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: May 4, 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.
M
0
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations)
Project Title / Butte County Location: UP 99-17, on the corner of Rio Bonito and Smith Avenue,
at 3415 Smith Ave., Biggs
Project Description: Use Permit for a feed store
Findings of Exemption (attach as necessary):
1. The county of Butte has conducted an initial study and prepared a (Negative
Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse
environmental impact:
2. When considering the record as a whole, there is,no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or the habitat upon
which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of
Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that
based upon the initial study and hearing record the project will not individually or cumulatively
have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game
Code.
j Alinda\noe. nod\f&g.let
By:
Rand ilson
Principal Planner
Lead Agency: County of Butte
Date: May 4, 1999
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 99-17, Use Permit
AP Number: 022-100-024 & 025
Applicant: Doug and Kari Wheeler, 3415 Smith ave., Biggs, CA 95917
State Clearinghouse Number (If submitted to clearinghouse):
Contact Person: Daniel Breedon Telephone Number: 538-7601
Project Location: on the corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs
Project Description: Use Permit for a feed store
This is to advise that the Butte County Planning Division has approved the above-described project on April 22, 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.
T. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of
CEQA.
_X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures _X_ were, were not, made a condition of the approval of the project.
4. A statement of overriding considerations was, _X_ was not, adopted for this project.
This is to certify that the final EIR with comments and responses and record of project approval is available to the general
public at:
Date received for filing and posting at OPR
Butte County
Department of Development Services
7 County Center Drive
Oroville, .CA 95965
ndy W' on
Principal Planner
•
Provide drainage studies to Reclamation District No. 833 and install improvements if necessary, to the satisfaction
of the District, to ensure that there are no increases in peak drainage flows into existing drainage facility.
2. Any construction activities shall be limited to the hours of 8:00 a.m. - 5:00 p.m.
3. All new exterior lighting associated with the feed store shall be shielded and directed downwards so that light does
not spill off-site onto adjacent properties.
DECLARATION OF FEES DUE
(Ca tornia Fish and Game Code Section IT 1.4)
NAME AND ADDRESS OF APPLICANT
Doug and Kari Wheeler.
3415 Smith ave.
Biggs, CA 95917
(530) 868-1716 FILING NO.
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
() A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
(X) B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE. OF DETERMINATION - FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. ( )
OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). /17166
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
Develop_ ment Services
Date: May 4, 1999
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
T RF.F COPIES OF ALL NECESSARY DOCUMENTATION AREREQUIRED 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.
_
•
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 99-17, on the corner of Rio Bonito and Smith Avenue,
at 3415 Smith Ave., Biggs
Project Description: Use Permit for a feed store
Findings of Exemption (attach, as necessary):
1. The county ofButte 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:
Rand ilson
Principal Planner
Lead Agency: County of Butte
Date: May 4, 1999
j Alinda\noe. nod\f&g. let
APPENDIX G
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
othave a significant effect upon the environment.
Assessor's Parcel No. 022-100-024 & 025
2., NAME AND ADDRESS OF PROJECT APPLICANT: Doug and Kari Wheeler, 3415 Smith ave.,Biggs, CA 95917
3. DESCRIPTION OF PROJECT: Use Permit for a feed store
4. LOCATION OF PROJECT: on the comer of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs
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 Coutny Planning Commission
Date of Determination:rin l 22, 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.
X We find that the project COULD have a significant effect on the environment, but will not in this case because
of attached mitigation measures described in item 5 above, which are by this reference made conditions of
project approval. A conditional NEGATIVE DECLARATION is hereby adopted.
6�
Richard Leland
Butte County Planning Commission
Date: f— /1- S 5
Mitigation Measures: • •
1. Provide drainage studies to Reclamation District No. 833 and install improvements if necessary, to the satisfaction
of the District, to ensure that there are no increases in peak drainage flows into existing drainage facility.
2. Any construction activities shall be limited to the hours of 8:00 a.m.'- 5:00 p.m.
3. All new exterior lighting associated with the feed store shall be shielded and directed downwards so that light does
not spill off-site onto adjacent properties.
al K
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION MAY 4 1999
DATE: (Certified Mail Rec.)
UP 99-17
PERMIT NO.
022-100-024 & 025
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below, Doug and Kari Wheeler is hereby granted a Use Permit in accordance
with application filed to operate a feed store as defined under Butte County Code Section 24-
305.148.
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit, constitutes cause for the revocation of said
permit in accordance with the procedures set forth in the Butte County Zoning
Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all
conditions must be completed prior to or concurrently with the establishment of
the granted use. The use granted by this permit must be established within 24
months of the delivery of the countersigned permit to the Permittee.
3. 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.
4. If any use for which a use permit has been granted is not established within two
years of the date of receipt of the countersigned permit by the Permittee, the
permit shall become null and void and reapplication and a new permit shall be
required to establish the use.
5. The terms and conditions of this permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors,
and assigns of the Permittee.
•
Conditions of Approval:
L�
1. Outdoor storage of products other than feed or grain is prohibited.
2. Animal feed products must be the primary merchandise offered for sale. Animal
maintenance products including medicines, vaccines and grooming supplies may be sold
provided that the sale of these products is ancillary to the sale of feed products.
3. A single, unlighted building or ground sign, not exceeding 40 -square feet in display area
shall be permitted. If a ground sign is used it shall not exceed 6 -feet in height. The sign
shall be limited to advertising only those services established under this Use Permit.
4. The applicant shall provide an all-weather access designed to accommodate a 40,000 -
pound fire apparatus with a minimum of 10 -feet of width and 15 -feet of vertical
clearance.
5. Provide drainage studies to Reclamation District No. 833 and install improvements if
necessary, to the satisfaction of the District, to ensure that there are no increases in peak
drainage flows into the existing drainage facility. (Mitigation Measure #1)
6. Any construction activities shall be limited to the hours of 8:00 a.m. — 5:00 p.m.
(Mitigation Measure #2)
7. All new exterior lighting associated with the feed store shall be shielded and directed
downwards so, that light does not spill off-site onto adjacent properties. (Mitigation
Measure #3)
8. Prior to issuance of the occupancy permit provide a minimum of six off-street parking
spaces in accordance with Butte County'Code Section 24-240 and sufficient turn -around
area for trucks and horse trailers on-site. A minimum of 2 -inches of class II aggregate
base surface shall be provided for the parking area shown on the Use Permit plot plan in
order to act as a dust palliative in accordance with Butte County Code Section 24-240.10.
9. A restroom for public and employee use shall be provided and shown on the building
permit construction plans. This will require the installation of a septic system. Septic
system construction must be approved by the Butte County Environmental Health
Department, and be located on the same parcel as the feed store. No lot lines may be
crossed with the septic system.
10. Prior to the issuance of building permits, the permittee shall deed to Butte County, in fee
simple, 30 -feet of right-of-way from the centerline of Smith Avenue- and West Rio Bonito
Road. The right-of-way shall be sufficient for the installation of standard No. S-5 at all
intersections.
11. The applicant shall comply with all environmental mitigations and other applicable state
and local ordinances, statutes and regulations.
I hereby declare under penalty of perjury that I have read the foregoing conditions, 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:'
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.
Planning Commission Chairman
CC: Land Development Division
Building Division
Health Department
Department of Forestry
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TO R O N T T O OR 0 AD �. �����
d SENDER:
V ■Complete items 1 and/or 2 for additional services.
Z ■Complete items 3, 4a, and 4b.
H ■ Print your name and address on the reverse of this form so that we can return this
card to you.
■ Attach this form to the front of the mailpiece, or on the back if space does not
permit.
w ■Write -Return Receipt Requested' on the mailpiece below the article number.
r ■The Return Receipt will show to whom the articip was delivered and the date
delivered. I
0
4 Anti I N
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
v 3. Article Addressed to.
d Doug & L'.ari Uheeler
a. c e U....o.
P 796 162 221
°' 3415 Smith Ave.
E
4b. Service Type
0 Biggs, CA
`�
YY
❑ Registered tJ Certified
W
p Express Mail ❑ Insured
LU
"
O i Return Receipt for Merchandise ❑ COD
0
a UP 99-17
7. Date of Delivery
z
p5. Received By: (Print Name)
8. Addressee's Address (Only if requested
W
and fee is paid)
6. Sign tur : (Addressee or Agent)
x,�,,
H PS Form U11, December 1994 Don'testiC
rn
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and 7,IP Code in this box •
COUIMOFN
i��
OMv�, q
■Complete items 1 and/or 2 for additional services.
■Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we cai return this
card to you.
•Attach this form to the front of the mailpiece, or on the back if space does not
permit.
■ Write'Retum Receipt Requested' on the mailpiece below the article number.
■The Return Receipt will show to whom the article was delivered and the date
delivered.
LH
Doug & Kari Wheeler
'-3415 Smit'a Ave.
Biggs, CA 95917
UP 99-17
5.
1994
4a.
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
P 796 163 282.
4b. Service Type
❑ Registered M Certified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7. Date of Delivery
and fee is paid)
if requested
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box 0
COUNTY OF BUTTE
DEPARTMENT OF OEVEIMMENT SEANCES
PLANNING OIVIS=
7 Cou* C aterOdo
0irol1111l4 CA
SENDER:
■Complete items 1 and/or 2 for additional services.
I also Wish to receive the
•Complete items 3, 4a, and 4b.
following services (for an
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
permit.
■Write'Return Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
3. Article Addressed to:
14a. Article Number
Doug & zCari Wheeler
3415 Smith Ave. 4b. Service Type
Biggs, CA 95917 ❑ Registered ® Certified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
UP 98-20
f 7. Date of Delivery
7—,-V , * d f/
5. Received By: (Print Name) 8. Addressee's Address (Only if requested
and fee is paid)
6. $ly ure: ddres e r e
PS FoA 3 1, December 1994 Domestic Return Receipt
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
Comm OF SUITE pM�T SERVICES
DEPA� S ION
7 CW4
WAke CA
May 4, 1999
Doug and Kari Wheeler
3415 Smith ave.
Biggs, CA 95917
a# L'ount
LAND OF NATURAL WEALTH AND BEAU1Y
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 53877601
FAX: (530) 538-7785
0
CERTIFIED MAIL. '
Re: Use Permit, AP 022-100-024 & 025
Dear Mr. and Mrs. Wheeler:
Enclosed is your validated Use Permit No. UP 9947 to allow Use Permit for a feed store.
Should you have any questions regarding this matter, please contact this office between 8:00 a.m.
and 4:00 p.m., Monday through Friday.
Sincerely, I _
Thomas A. Parilo
Director of Development Services
Ten Bridenhagen
Office Assistant III
Enc.
cc: Land Development Division
` Building Division
Environmental Health
Department of Forestry
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g & Kari Wheeler
Street & No.
3415 Smith Ave.
P.O., State & ZIP Code
biggs, CA 95917
Postage
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Postmark or Date
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Sent to
Wheeler
Street & No.
3415 Smith Ave.
P.O., State & ZIP Code
Biggs, CA 95917
Postage
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L20 5-14-99
a
MEMORANDUM
PLANNING DEPARTMENT
TO: Butte County Assessor's Office
FROM: Butte County Planning Department
SUBJECT: Doug and Kari Wheeler, UP 99-17
DATE: May 4, 1999
Pursuant to Section 65863.5 of the Government Code, the following parcel identified as
022-100-024 & 025, was:
Rezone from to zoning district.
Granted a variance to
A Issued a conditional Use Permit for a feed store, on the corner of Rio Bonito
and Smith Avenue, at 3415 Smith Ave., Biggs,A-40(Agricultural-40 acres)
April' 23, 1999
Doug and Kari Wheeler
3415 Smith ave.
Biggs, CA 95917
Re: Use Permit, AP 022-100-024 & 025, UP 99-17
Dear Mr. and Mrs. Wheeler:
BEAUTY
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
At the regular meeting of the Butte County Planning Commission held April 22, 1999, your request for
a Use Permit for a feed store, was approved subject to the conditions listed on the enclosures. Please sign
both copies and return both copies to this Division within 40 calendar days.
Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so
in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior
to 5:00 p.m., Monday, May 3, 1999. The appeal fee of $50.00 must be paid at that time. If you do not
appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning
Commission is final.
A Notice of Determination (NOD) should be filed for purpose of completing the California environmental
quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made
payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning
Division in order to complete the process.
Please be aware that failure to return the signed copies within 40 calendar days will invalidate the
Planning Commission's approval. Re-application to this Division would then be necessary.
The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter
signature of the Chairman of the Planning Commission, and said permit is received by the applicant by
registered mail.
Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days
to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of
approval for this project.
Should you have any questions regarding this matter, please contact Daniel Breedon at this office between
8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Lynn Richardson
Planning/Administrative
Support Service Assistant
/lr
kAllonns\approvup. fmi
04/21/99 09:46 FARM CREDIT * CHICO 4 530 538 7785
0
BUTTE
i.4 COUNTY
9 FARM BUREAU
Serving Agriculture For More Than. 80 Years
April 20, 1999
Butte County Planning Commissioners
7 County Center Drive
Oroville, CA 95965
Dear Commissioners:
NO.637 D02
In your next meeting, you will heal' an application for a use pen -nit regarding a feed store in the Biggs area.
The Butte County Farm Bureau does not have major concerns regarding this use permit. However, in
reviewing the Agricultural Element of the General Plan and the Land Use Element of the General Plan,
there appears to be glaring inconsistencies in regards to want kind of businesses can be placed on
agricultural lands. We feel it is clearly stated in the Ag Element that a retail store is not permitted -in an
agricultural area. However, the Land Use Element allows for several different types of businesses in the
agriculturally zoned areas.
The conflicts between these two elements and other elements of the General Platt must be addressed and
resolved. If a resolution is not accomplished quickly there will continue to be inconsistencies in our county
land use and planning. This issue is of the utniost importance to the citizens of Butte County and especially
those living in the rural areas.
We strongly urge you to tackle this issue and come to a resolution as early as possible.
Sincerely,
1
1
To tnunels
Land Use C airman
2580 1 cattier Rivcr liuulcv, al • Orovillc. California 95965 • (530) 533-1473 k'ax: (5101) 533-6508
0 •
PALERMO FEED, GARDEN & HARDWARE
JEAN and WHIT MATHER
7415 Lincoln Blvd.
P.O. Box 155
Palermo, CA 95968-0155
Telephone (530) 533-6594
FAX (530) 534-6800
Cell Phone (530) 520-5903/5904
www.Nvtmprod@arcology.net
April 21, 1999
To: Butte County Planning Commission
From: Whif Mather
Subject: WHEELER # UP99-17- (DB)
In the matter of Doug and Kari Wheeler I am writing in opposition to the above
request for a Use Permit as a result of a zoning code amendment. I speak for
myself as owner of Palermo Feed, Garden & Hardware, Palermo, CA and for and
with the permission of Steve Lambert, owner of Lambert Feed in Oroville and
Paradise, CA. And I address this issue after having had a conversation with Kari
Wheeler, an individual seeking this Zoning Code Amendment.
I have operated a feed business in Butte County since 1987, mine is one of the
oldest continuously operated feed stores in the area and is the current
manifestation of a business begun in Palermo more than 20 years ago..
It seems to me that if you want the citizens of Butte County to accept and respect
the General Plan as a thoughtful, well designed blueprint for our future than you
must demonstrate your endorsement of this document by eliminating special
interest amendments. Itis either a good and encompassing document or it is
not. You cannot expect the citizens of this county to honor a general plan
riddled with exceptions.
Residential, agricultural and commercial zones are separated for good reasons.
Commercial zones tend to have more vehicular and/or foot traffic; parking and
customer management issues; late operating hours, freight deliveries, special or
promotional events, money related security issues; city, county, state and/or
federal employment, sales tax and safety requirements. These and other issues
not generally found in residential or agricultural zones.
While this particular request for a Zoning Code Amendment my appear benign it
may also be the Trojan Horse opening the gates for other residents of
agriculturally zoned parcels to enter the retail feed business. How will your
already overextended Zoning Enforcement Officers handle this one?
"lanningn°Walon
APR Z 11999
®rovip®, California
PAGE 20F2
WHEELER
#UP99-17- (DB)
Often, the purpose of attaching a retail feed business to some other unrelated
operation (e.g. arena, stable, boarding facility, kennel, hobby farming from a
rural home) is to give this operation access to feed, livestock drugs, tack and pet
supplies at wholesale prices. In this situation the goal isn't to sell things at retail
but to buy things at wholesale thus saving the retail cost and sales tax on the
product. Often this is done without the licenses (two for the sale of livestock
drugs, needles and syringes) or state board of equalization seller's permit
providing for the collection of sales tax. And sales tax, in this specific case, will
have to be collected since the majority of the feed to be sold is for horses, an
animal whose feed, unlike cattle, hogs,. sheep and poultry, is not exempt from
sales tax.
I have left the most emotional issue for last. I will address the issue.of
competition in this way. The feed business in this part of the country is an aging
business. There are fewer customers every year. The old timers who grew up
with livestock are dying and most of today's young people do not choose raising
a hog over chatting on the Internet. 4H and FFA make a valiant effort in this
area. Our Silver Dollar and Butte County Fairs bring some of the counties finest
young people together in an extraordinarily healthy and harmonious way. But
the bottom line is this. For whatever reasons most of my customers come to me
from another feed store. Every new entry into the feed business takes business
from those of us operating on commercially zoned property who maintain our
licenses, pay our fees and transfer funds to the Franchise Tax Board.
I am a professional retailer, operating in a commercially zoned area, meeting the
endless and growing requirements of various government agencies, serving the
public, employing others and paying taxes. This is not a hobby or side business.
It isn't something I'm trying out or that looked like fun. I didn't go into this
business because it's convenient for my friends who have similar interests. This
is how I make my living.
I hereby challenge the Planning Commission to follow the zoning
ordinances this same commission has enacted and to follow the law as
stated in the General Plan. To do less is to break that law.
0
•
April 20, 1999
The Planning Commission of Butte County
Dear Members of the Planning commission:
I am the former owner of the 40 plus acres at the
corner of W. Rio Bonito and Smith Ave.
The acreage was irrigated by well and pump. It was
planted to alfalfa, pasture, grainhay, and sudan grass while
we were farming it, from 1951 up to the time we sold it in
July of 1990. To my knowledge the well and pump are both in
operating condition. A cement pipeline distributes the water
for complete coverage of the acreage.
Much of the acreage is " Vina Loam".
Yours Truly,
Josie E. Mattingly
Ai
pPR 211999
Orolue'GOOM111
April 15, 1999
Y
Of
cc
Butte County
Planning Commission
7 County Center Drive
Oroville, California 95948
To Whom It May Concern:
613 Kcntucky St. * Gridley, California 95948 * (530) 846-3142
It has come to my attention that Mrs. Kari Wheeler will be coming before your board
to request a use permit for a proposed Feed store to be located at 3415 Smith Avenue
in Biggs.
Recently, River Valley Feed, located for a number of years on East Gridley Road in
Gridley, has relocated to Live Oak in Sutter County. This creates a regrettable hardship
for those industries in southern Butte County that are in need of the services a Feed
Store provides.
I was very happy therefore, to hear of Mrs. Wheelers' plans to provide Feed Store
services to the industries and residents of Biggs, Gridley and the outlying areas of
southern Butte County.
I would like to urge you therefore to approve Mrs: Wheelers' petition for a use permit for
her proposed Feed, store. Feed store. services are. essential for this predominately rural
populace and as the Gridley Chamber of Commerce Secretary/Manager I have recently
fielded a multitude of calls inquiring as to an alternate feed supply source..
Thank you for your time and consideration to my request. Should have any questions or
comments, please feel free to call me at your earliest convenience.
Sincerely,
Planning Division.
Syl is McGee APR 6 X999
Secretary/Manager
Orovft, California
0
Mr. & Mrs. Dean Thomas
.3412 Milky Wy.
Biggs; CA 95:917
Dear Members of -the =Planning Commission
April 18, 1999
We have been farming in Butte County for 36 years. Our land in zoned A40
which means agriculture, farming for the purpose to produce food. How can a feed store,
a place where goods are kept for sale, be considered farming ? Stores should be in
commercial zoning, isn't this the purpose of zoning to keep things in order ? If stores are
allowed in agricultural zoning the end results, will be other future developments and
agricultural land will be swallowed up. by leap -frogging.
We observed what happened to the agricultural land in Anaheim, Orange County
where I was born and raised. The beautiful orange groves, dairies and field crops were
covered up by buildings and blacktop. We need to preserve our agricultural land now aro.
for the future. Next time you eat, thank a farmer.
Sincerely,
Mr. & Mrs. Dean Thomas
.0
0
O
Planning Divisl®n
o. � o
APR 19 1999
0 MVIUk oalifomia
Phillip M. & LaDeana M. Little
3463 Smith Ave
Biggs, CA 95917
April 17, 1999
Dear Members of the Planning Commission:
First of all we would like to thank you for your recent show of support
to Butte County's agricultural community, with your denial of a use permit
for a feed store on agriculturally zoned property located on Smith Ave.
Apparently our Board of Supervisors don't seem to hold our
agricultural lands in the same high esteem, voting to amend the entire
County's zoning laws to accommodate one such operation.
With the reapplication of a use permit for one such feed store to be
built in our small agricultural community, we feel obligated to voice our
opposition to such an operation and offer an explanation to that opposition.
We believe with the rather sizeable, recreational riding arena and
boarding stable operation already gaining approval the long term impact on
our small agricultural community will not be realized for quite sometime.
Approval of a feed store will only add to the uncertainty of just how much
impact this entire development project will have on our quiet little
community.
We feel it would be in everyone's best interest to see just how much
impact the already approved project (arena, stables) have on this little
community, before approving a feed store, which could become an even
larger burden on a small agricultural community such as ours.
We realize much of this sounds self-serving, which.to some extent it
is (us trying to maintain our quiet way of life in our little community) but,
we also believe what has been 'done on this issue and what remains left up
to you members to decide, will set the trend for the protection and
preservation of all Butte County's, agricultural communities in the future.
As concerned life-long residents of Butte County, we urge you to look
closely at the potential impact this use permit will have on our small
community and the overall impact on Butte County as a whole.
Please vote to deny the use -permit for a feed store on Smith Ave.
Help us to preserve our way of life, and protect the future of
agriculture in Butte County.
Thank you for your time.
Sincerely,
LaDeana M. Little Phillip M. (Mike) Little
Planning Division
APR 19 1999
.w—an® t%.^Ufnrnia
— »:s:u
April 2, 1999
Doug and Kari Wheeler
3415 Smith ave.
Biggs, CA 95917
RE:Use Permit, Doug and Kari Wheeler
APN#022-100-024 & 025, UP 99-17
Dear Mr. and Mrs. Wheeler:
LAND OF NATURAL WEALT.H AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
The 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 any recommended mitigation measures.
After reviewing the checklist, you may see ways to improve the project design. Design
improvements to minimized problems are encouraged. If you note any errors or omissions
in our evaluation, please bring them to our attention. We request any comments to be made within 14 days
of this letter.
You will be notified of the time and place of the public hearing for your project. If you have
any questions regarding environmental review, please contact this office between the
hours of 8:00 a.m. and 4:00 p.m.
Sincerely,
Daniel Breedon
Senior Planner
encl.
cc: City of Biggs
Agricultural Commission
Reclamation District #833
Land Development
Environmental Health
E
i
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT - April 22,1999
Applicant: Doug and Kari Wheeler
STAFF COMMENT
This application was part of an earlier request (UP 98-20) that involved a boarding and riding
stable and feed store. The Planning Commission approved the boarding and riding stable on
June 25, 1998. At that time, the feed store was found to be inconsistent with the uses permitted
by the A-40 Zoning District and was denied by the Planning Commission. This decision was
appealed to the Board of Supervisors. The Board upheld the Planning Commission's decision to
approve the Use Permit for the boarding and riding stable and to deny the feed store and
instructed staff to amend the zoning ordinance to allow feed stores in the agricultural zones,
subject to a Use Permit. Staff prepared the zoning ordinance amendment, which was
subsequently approved by the Board of Supervisors on March 9, 1999. This Use Permit is a
request to permit the feed store as originally requested.
CEQA ISSUES: The Planning Commission approved a Mitigated Negative Declaration for this
project at the June 25, 1998 hearing. This approval considered the environmental impact of the
Butte County Department of Development Service 11 Planning Division 0 Page 1
Supervisor District: 4
File #:
UP 99-17
Project Planner: Daniel C. Breedon
Request:
Use Permit for a feed store
Applicable Regulations: Butte County
G.P.:
Orchard and Field Crops
Code Sections 24-45.10 and 24-305.148
Zoning:
A-40 (Agricultural -40 acres)
Attachments: A. June 25, 1998
Planning Commission
APN:
022-100-024 & 025
Minutes -
B. Use Permit 98-20
Location:
On the corner of West Rio
C. Vicinity Map
Bonito and Smith Avenue, at
D. General Plan/Zoning
3415 Smith Ave., Biggs
Map
E. Initial Study
Parcel Size:
10 +/- acres
F. Site Plan
G. Lot Line Adjustment
Zone date:
06-17-75
Map
STAFF COMMENT
This application was part of an earlier request (UP 98-20) that involved a boarding and riding
stable and feed store. The Planning Commission approved the boarding and riding stable on
June 25, 1998. At that time, the feed store was found to be inconsistent with the uses permitted
by the A-40 Zoning District and was denied by the Planning Commission. This decision was
appealed to the Board of Supervisors. The Board upheld the Planning Commission's decision to
approve the Use Permit for the boarding and riding stable and to deny the feed store and
instructed staff to amend the zoning ordinance to allow feed stores in the agricultural zones,
subject to a Use Permit. Staff prepared the zoning ordinance amendment, which was
subsequently approved by the Board of Supervisors on March 9, 1999. This Use Permit is a
request to permit the feed store as originally requested.
CEQA ISSUES: The Planning Commission approved a Mitigated Negative Declaration for this
project at the June 25, 1998 hearing. This approval considered the environmental impact of the
Butte County Department of Development Service 11 Planning Division 0 Page 1
• 0
boarding and riding stable and the feed store. Included was a mitigation to deny the feed store
due conflicts with the zoning ordinance. This conflict no longer exists due to the revision of the
zoning ordinance. Staff recommends that the Mitigated Negative Declaration approved for the
boarding and riding stable be approved for this project, with the removal of Mitigation Measure
#1 regarding the denial of the feed store, removal of Mitigation Measure #3 regarding the
boarding of horses, removal of Mitigation Measure #4 regarding disposal of manure, and
modification of Mitigation Measure #5 limiting construction activities. These changes are
necessary to make the mitigations applicable to the feed store. The original mitigations are still
applicable to the boarding and riding stable approved under UP 98-20.
ANALYSIS
Project Summary The retail feed store will involve two main buildings. The storage of feed
will take place within an existing storage building. Retail sale of feed will take place within a
proposed 24 x 36 -ft. building. This building is to be constructed on the pad of a barn that was
destroyed by a fire. A restroom will also be included within the feed store building.
Section 24-305.148 and 24-90 C. 3. of the Butte County Code allows for limited retail feed stores
within the agricultural zones. Feed stores are limited to the sale of hay, grain, and other food
supplies for farm and domestic animals. Animal maintenance products including medicines,
vaccines and grooming supplies may also be sold provided that the sale of these products is
ancillary to the sale of feed products. Outdoor storage of products other than feed or grain is
prohibited.
General Plan and Zoning: The proposal will not conflict with the General Plan designation or
zoning classification. The Agricultural Zoning District, applicable to this property, allows for
feed stores upon securing a Use Permit. The use is consistent with the Orchard and Field Crop
General Plan designation and is supported by Agricultural Element Policy 3.5, which supports
services related to agricultural production, and Program 6. 1, which supports opportunities to
promote and market agricultural products within the County. The use is also supported by Land
Use Element Policies 4.1, Economic Growth and 4.3a, Commercial Services. Specifically,
Policy 4.1a. states that the County should provide sites and facilities to accommodate a variety of
economic activities, and Policy 4.3a. states that the County should encourage a full range of
commercial services at the regional, community and neighborhood levels. The Board of
Supervisors included these policies as findings in approving the amendment allowing for feed
stores in the agricultural zones at the March 9, 1999 hearing. Policy 3.2 of the Agricultural
Element allows commercial uses only if they are related to agricultural activities.
Surrounding Uses and Compatibility: The size of the property (10 -acres), and low-density
agricultural use of surrounding properties, contributes to the compatibility of the proposed use
with surrounding properties. Surrounding properties range in size from ten to over fifty acres. A
single-family dwelling is located on this property, south of the feed store. A lot line adjustment
Butte County Department of Development Service 0 Planning Division 0 Page 2
(LLA 98-22) has been submitted involving two, 10 -acre parcels. This adjustment proposes to
encompass the dwelling on a 2 -acre parcel. The feed store will remain on the 18 -acre parcel.
There will be a 52 -foot setback from the feed store to the proposed new property line. This
exceeds the required 25 -foot setback as required in the A-40 Zoning District. The existing
adjacent dwelling is separated from the property line by 96 -feet. This distance, together with the
52 -feet of setback for the feed store provides 148 -feet of separation between the feed store and
the dwelling. The additional separation will increase compatibility between the two adjacent
uses.
There is currently no provision for an on -premise sign for feed. stores. Butte County currently
regulates signs through discretionary permits and has no specific sign regulations. It is
recommended that a sign be allowed since this use is a commercial use which is dependent upon
some advertising. However the size of the sign should. take into account the surrounding
properties since this area is not commercially zoned. The.County's home occupation ordinance
allows for home business signs with up to 3 square feet of display area. Since this use is more
intensive . than a home business, the Commission may want to allow for a larger sign. Staff is
recommending that a size of 40 square feet of display area would provide a functional size while
still keeping the sign small enough to not present a visual impact to surrounding properties. It is
also recommended that the sign be either attached to the structure or installed as a ground sign
limited to a 6 -foot height, unlighted, and limited to the name of the feed store. - These measures
will further reduce visual impact to the surrounding area and provide for greater compatibility.
Local Agency Review: The Environmental Health Department requires a restroom for
public/staff use. The restroom will require the installation of a septic system. This is
recommended as a condition of the Use Permit and is also part of the applicant's proposal.
The Department of Public Works requests 30 -feet of right-of-way along Smith Avenue and West
Rio Bonito Road. This is recommended as a condition of the Use Permit.
ACTIONS FOR CONSIDERATION
Staff recommends that the Planning Commission take the following actions:
I. Adopt the proposed Mitigated Negative Declaration with the following 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. The design of the project and mitigations added to the project
shown in Exhibit "A," Conditions #5 — 7 will mitigate such effects to a level of
insignificance.
Butte County Department of Development Service 0 Planning Division 0 Page 3
B. 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 Mitigated Negative Declaration reflects the independent
judgement of the County of Butte; and
II. Approve a "de minimus" exemption to the collection of Department of Fish and Game
environmental filing fees. The design of the proposed project will not cause
environmental damage to fish and wildlife or their habitat; and
III. Approve Use Permit 99-17 subject to the conditions listed in Exhibit "A" with the
following 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 properties, 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 as supported by the following:
1. The proposed feed store complies with the definition of a
feed store. contained in Butte County Code Section 24-
305.148.
2. Adoption of Conditions #1 — 11 will further protect the
integrity and character of the zone in which the land lies,
and ensure that the use will not be unreasonably
incompatible with, or injurious to, surrounding properties.
Butte County Department of Development Service 0 Planning Division ❑ Page 4
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP 99-17
PERMIT NO.
022-100-024 & 025
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of ' Butte and the special
conditions set forth below, Doug and Kari Wheeler is hereby granted a Use Permit in accordance
with application filed to operate a feed store as defined under Butte County Code Section 24-
305.148.
Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit, constitutes cause for the'revocation of said
permit in accordance with the procedures set forth in the Butte County Zoning
Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all
conditions must be completed prior to or concurrently with the establishment of
the granted use. The use granted by this permit must be established within 24
months of the delivery of the countersigned permit to the Permittee.
3. 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.
4. If any use for which a use permit has been granted is not established within two
years of the date of receipt of the countersigned permit by the Permittee, the
permit shall become null and void and reapplication and a new permit shall be
required to establish the use.
Butte County Department of Development Service 0 Planning Division 0 Page 5
Do & Kari Wheeler - proposed mar'"P Declaration with mitigation measures regarding
environmental impacts and i Tsermit Pefor a boarding stable for 40 horses with a riding stable and
a feed and tack store on property zoned A-40 (Agricultural - 40 acre parcels) located on the
northwest corner of West Rio bonito Road and Smith Avenue, identified as AP 022-100-024 and
025, Biggs. (PF) (UP98-20)
Commissioner Leland abstained from this hearing and stepped down from the dais.
Mr. Sanders gave a brief summary of the project. He said the applicant is requesting a feed store and tack
shop for which staff is recommending denial. Staff is recommending approval of the boarding stable.
He said there are two parcels of approximately 29 acres, but only 6 acres is being used for this permit.
He said he is concerned with the amount of traffic the horse show events will generate. He said staff is
asking that the number of horses to be boarded be limited to 30. He said the tack shop is recommended
for denial as there is no provision in this zone for a commercial use.
Chairman Lambert asked if this proposal was on two parcels?
Mr. Sanders said there are 5 underlying lots with two parcel numbers. He said the project proposes to
use the Smith Road frontage of each of the 5 underlying lots.
The hearing was opened to the public.
Kari Wheeler said she would like to take the tack store out of the description. She said they will only
carry accessory tack for borders. She said they would like to have the feed store available to the
neighbors and 4-H clubs to buy feed if they need to. She submitted a petition signed by her neighbors
in favor of this project. She said there is no feed store in the Gridley area. She said the traffic will be
low because the entrance will be at the beginning of Smith Avenue. She said she owns 4 horses and is
going to buy one more. She said different clubs and organizations will want to use this arena. She said
there could be up to 50 people at an event. She also wanted to be able to use the arena at night after 5
ned two of the 5 underlying lots for 5 years and have just recently
p.m. for roping. She said they have ow
purchased the other three.
Commissioner Mooney was concerned with dust.
Ms. Wheeler said this will be a sand arena and they will control the dust.
Commissioner Nelson asked staff where do they break
et tom Teta ceail ss ommerciato the 1. Hes said
this project
does not sound like a commercial operation. He s
aidMr. Sanders said there is no problem with selling what they grow. The problem is selling feed not grown
on-site to the general public.
Mr. Leland, representing the Dos Rio Land Co., said that Malva Bayless, owner, has no problem with
this project. He said the nearest neighbor and owners of the prune orchard are Ms. Bayless. He said the
Wheelers have been good neighbors. He said there will be limited sales to products used for accessory
to the project.
The hearing was closed.
0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 8 JUNE 25, 1998 0
5. The terms and conditions of this permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors,
and assigns of the Permittee.
Conditions of Approval:
1. Outdoor storage of products other than feed or grain is prohibited.
2. Animal feed products must be the primary merchandise offered for sale. Animal
maintenance products including medicines, vaccines and grooming supplies may be sold
provided that the sale of these products is ancillary to the sale of feed products.
3. A single, unlighted building or ground sign, not exceeding 40 -square feet in display area
shall be permitted. If a ground sign is used it shall not exceed 6 -feet in height. The sign
shall be limited to advertising only those services established under this Use Permit.
4. The applicant shall provide an all-weather access designed to accommodate a 40,000 -
pound fire apparatus with a minimum of 10 -feet of width and 15 -feet of vertical
clearance.
5. Provide drainage studies to Reclamation District No. 833' and install improvements if
necessary, to the satisfaction of the District, to ensure that there are no increases in peak
drainage flows into the existing drainage facility. (Mitigation Measure #1)
6. Any construction activities shall be limited to the hours of 8:00 a.m. — 5:00 p.m.
(Mitigation Measure #2)
7. All new exterior lighting associated with the feed store shall be shielded and directed
downwards so that light does not spill off-site onto adjacent properties. (Mitigation
Measure #3)
8. Prior to issuance of the occupancy permit provide a minimum of six off-street parking
spaces in accordance with Butte County Code Section 24-240 and sufficient turn -around
-area .for trucks and horse trailers on-site. A minimum of 2 -inches of class II -aggregate
base surface shall be provided for the parking area shown on the Use Permit plot plan in
order to act as a dust palliative in accordance with Butte County Code Section 24-240.10.
9. A restroom for public and employee use shall be provided and shown on the building
permit construction plans. This will require the installation of a septic system. Septic
system construction must be approved by the Butte County Environmental Health
Department, and be located on the same parcel as the feed store. No lot lines may be
crossed with the septic system.
10. Prior to the issuance of building permits, the permittee shall deed to Butte County, in fee
simple, 30 -feet of right-of-way from the centerline of Smith Avenue and West Rio Bonito
Butte County Department of Development Service 11 Planning Division 0 Page 6
Road. The right-of-way shall be sufficient for the installation of standard No. S-5 at all
intersections.
11. The applicant shall comply with all environmental mitigations and other applicable state
and local ordinances, statutes and regulations.
I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are
in fact the conditions which were imposed upon the granting of this use permit, and that I agree
to abide fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and
Health Department permits before starting construction, nor does it waive any other
requirements.
Butte County Planning Commission Chairman
CC: Land Development Division
Building Division
Health Department
Department of Forestry
Butte County Department of Development Service 0 Planning Division 0 Page 7
0 0
Chairman Lambert said she has a hard time seeing this project as anything more than a commercial use
and could not recommend it in an ag. zone. She said if this is approved, they need to narrow the times
and events allowed. She said she is not in favor of this proposal and would have to vote against it.
Commissioner Nelson said the proposal is more appropriate for this type of area than most. He said he has
no problem approving this permit. He said the tack sales and feed barn could be considered accessory uses
to the stable.
Mr. Sanders asked that mitigation measures 2-6 be made conditions of this permit if it is approved. He
said they could add a condition that the feed barn be accessory to and/or complimentary to the riding
facility. Items sold limited to those that would be used by the operation. He said they might want to
limit the size of the structure with no off-site advertising sign allowed.
Commissioner Mooney said he liked Mitigation Measure #1. He said he was in favor of this proposal
as the staff report is written. He said if the applicants want a feed store, they should apply for a Use
Permit for one.
It was moved by Commissioner Nelson, seconded by Commissioner Cage, and carried to approve the
Use Permit subject to the findings and conditions in the Agenda Report dated May 17, 1998, adding
Mitigation Measures 2-6 to the conditions, correct the Section # on #1 of the first page of the Use Permit,
and change the wording on #2, and deny the request for a tack shop, as follows:
Section 1: Environmental Findings.
A. An Initial Study was completed in compliance with the California Environmental Quality Act
identifying potentially significant environmental effects that the project may have. Provisions
and the design of the project and the conditions (and mitigations) added to the project will
mitigate such effect to a level of insignificance; and
B. The design and the improvements for the proposed project will not,cause environmental damage
to fish or wildlife or their habitat and a de minimus exemption to the collection of Department
of Fish and Game Environmental Filing Fees is recommended; and
C. The Planning Commission has independently reviewed, analyzed and considered the proposed
Mitigated Negative Declaration prior to making its.decision on the project, and the Mitigated
Declaration reflects the independent judgement of the County of Butte;. and
Section 2: Zoning Ordinance Findings.
A. The proposed use will not impair the integrity and character of the zone in which the land lies,
and that the use would not be unreasonably incompatible with, or injurious to, surrounding
property, or be detrimental to the health and general welfare of the persons residing or working
in the neighborhood or to the general health, safety, and welfare of the residents of the County;
and
B. The proposed project is a Secondary Use under the Orchard and Field Crops General Plan.
designation and is conditionally consistent with the A-40 Agricultural Zoning District.
■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■ JUNE 25, 1998 ■
0 •
C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in
the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte
County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use
Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding
stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan
accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum
located on the north side of Rio Bonito Road and west side of Smith Avenue, approximately 1000
feet west of State Highway 99.
Conditions of Approval:
The applicant may increase the number of horses to be boarded on the property to a total of �0
horses by submitting existing and proposed site plans to the Planning Division for administrative
review. Upon field verification and finding that the increase in the number of horses on the
property would not result in an adverse impact on the property or surrounding properties, the
planning staff may authorized the additional horses.
2. Meet the requirements of the Butte County Public Works and Environmental Health Departments.
3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire
apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant
shall comply with the Public Resources Code 4290 regarding addressing.
4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn-
around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface
shall be provide for parking areas.
5. The applicant shall comply with all environmental mitigations and other applicable state and local
ordinances, statutes and regulations.
6. Provide drainage studies as required by Reclamation District No. 833 and install improvements
if necessary to ensure that there are no increases in peak drainage flows into the existing drainage
facility. (MM)
7. Limit the number of horses to be kept on the project site as part of the Use Permit request to 30
horses. (MM)
8. The collection, storage and disposal of manure shall be performed weekly. The site shall be
maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the
Butte County Environmental Health Department regarding sanitation requirements. (MM)
9. The operation of horse shows, competitive events, training and other such group activities shall
be limited to no more than 35 participants/attendees. These types of activities shall be conducted
no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JUNE 25, 1998 9
0 •
the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction
activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (MM)
10. All new exterior lighting associated with the horse stables and boarding shall be shielded and
directed downwards so that it does not spill off-site onto adjacent properties. (MM)
AYES: Commissioners Cage, Nelson, and Mooney
NOES: Chairman Lambert
ABSENT: No one
ABSTAINED: Commissioner Leland
■ BUTTE COUNTY PLANNING. COMMISSION ■ MINUTES ■ JUNE 25, 1998 0
USE PERMIT
Butte County Board of Supervisors SEP 2 9 1998
DATE: (Certified Mail Rec.)
98-20
PERMIT NO.
AP 022-100-024 & 025
ASSESSOR'S PARCEL NOs. f `
Pursuant to the provisions of the Zoning Ordinance of the County of Butte land the special conditions
set forth below:. Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the
application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the
applicant's existing horses) as depicted in the site plan accompanying the application on 43
acres parcel zoned "A40" Agricultural, 40 acre minimum located on the n'o'rth side of Rio
Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway `
99.
1. Failure to comply with the conditions specified herein as the basis for approval of application
and issuance of permit, constitutes cause for the revocation of said permit in accordance with
the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code
Sec. 24-62.
2. Unless otherwise provided for in a special condition to this use permit, all conditions must
be completed by the Permittee within 24 months of the delivery of the countersigned permit
to the Permittee.
3. If any use for which a use permit has been granted is not established within two years of the
date of receipt of the countersigned permit by the Permittee, the permit shall become null and
void and reapplication and a new permit shall be required to establish the use.
4. The terms and conditions of this permit shall run with the land and shall be binding upon and
be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee.
5. Minor changes may be approved administratively by the Director of Development Services,
the Director of Public Works, or the Director of Environmental Health, or designee, upon
receipt of a substantiated written request by the applicant. Prior to .such approval,
verification shall be made by each Department or Division that the modification is consistent
with the application, fees paid, and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
W
Conditions. of Approval:
1. The applicant may increase the number of horses to be boarded on the property to a total of
30 horses by submitting existing and proposed site plans to the Planning Division for
administrative review. Upon field verification and finding that the increase in the number
of horses on the property .would not result in. an adverse impact on the property or
surrounding properties, the planning staff may authorized'the additional horses.
2. Meet the requirements of the Butte County * Public Works and Environmental Health
Departments.
3. The applicant shall provide an all weather access designed to accommodate a 40,000 pound
fire apparatus with a minimum of 10. feet.of width and 15 feet of vertical clearance. -The
applicant shall comply with the Public Resources Code 4290 regarding addressing:
4. Provide adequate off-street parking area/spaces (a'minimum of six(6)spaces) and. sufficient
tum -around area for trucks and horse trailers on-site. A minimum 2" Class U aggregate base
surface shall be provide for parking areas.
5. The applicant shall comply with all environmental mitigations and other applicable state and
local ordinances, statutes and regulations.
6. Provide drainage studies as required ' by 'Reclamation District No. 833 and install
improvements if necessary to ensure that there are no increases in peak drainage flows into
the existing drainage facility. (MM)
7. Limit the number of horses to be kept on the project site as part of the Use Permit request to
30 horses. (NIM)
8. The collection, storage and disposal of manure shall be performed weekly. The site shall be
maintained in a clean and sanitary manner. The applicant shall comply with all regulations
of the Butte County Environmental Health Department regarding sanitation requirements.
9. The operation of horse.shows, competitive events, training and other such group activities
shall -be limited to no more than 35 participants/attendees. These types of activities shall be
conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall
be limited to the arena area and shall not exceed 65 dB at all adjoining property lines. Any
initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (NIM)
10. All new exterior lighting associated with the horse stables and boarding shall be shielded and
directed downwards so that it does not spill off-site onto adjacent properties. (NIM)
I hereby declare under penalty of perjury that I have read the foregoing conditions, they are
in fact the conditions which were imposed upon the granting of this use permit, and that I agree to
abide fully by said conditions.
-1
{
-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.
6ilutte County Board of Supervisors Chairman
CC: Land Development Division AUG 2-,5 1998
Building Division
Health Department
Department of Forestry
�x
IM
UP 99-17
AP# 022-100-024 & 025
Doug & Kari Wheeler
'INZO44 -
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Ch L, h�
IZZ
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----
k
Memorandum
To: Interested Parties
From:. Daniel C. Breedon, Senior Planner
Date: 03/29/99
Re: Review of Mitigated Negative Declaration for Use Permit 99-17
The attached Mitigated Negative Declaration and Initial Study has been prepared for Use Permit 99-
17. The Butte County Planning Commission adopted a Negative Declaration for Use Permit 98-20 on
June 25, 1998 for a horse boarding and riding stable. At that time, a proposed feed store was excluded
from the approval, since Butte County Code did not allow for the use. The Butte County Board of
Supervisors has since approved a code amendment that allows for consideration of a feed store with a
Use Permit. Since the previous Negative Declaration analyzed the proposed feed store's
environmental impact, staff is re -circulating the original Mitigated Negative Declaration for the feed
store currently proposed. This proposal is identical to that proposal previously reviewed.
Staff is recommending that Mitigation Measure #1 (denying the feed store) be excluded from this
Mitigated Negative Declaration, as County Code now allows for a feed store upon securing a Use
Permit.
1
Project: UP 98-20
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS
I. BACKGROUND:
1. Name of Proponent: Doug and Kari Wheeler (applicants and owners)
2. Address: 3415 Smith Avenue, Biggs, CA 95917 Phone: 530-868-1716
3. Name of Proposal, if applicable: Use Permit Application No. 98-20
4. Type of Project: Use Permit request for boarding and riding stables to accommodate up to 40
horses and a commercial feed store
5. Project Description and Location of Parcel(s):
This project is a request to allow boarding and riding stables for 40 horses and a feed and tack store on
property zoned A-40 (Agricultural -40 acre parcel minimum) located on the north side of West Rio Bonito Road
adjacent to the west side of Smith Avenue.
The total project area consists of two parcels totaling 29 acres owned by the applicant. (The property has two
Assessor's Parcel numbers. The horse boarding and feed store operation is proposed on 6.7 acres which
front Smith Avenue. The southern portion of the property adjacent to West Rio Bonita Road currently
contains a 1500 square foot older home with several accessory structures, (including, but not limited to, a 800
square foot caretakers house and 600 square foot shop). The applicant's home and accessory buildings are
located on the a separate parcel immediately north of the project site. Dry pastures which are bisected south
to north by an irrigation ditch, are located on the balance of the site. A drainage ditch (Reclamation District
833) is located approximately 200 feet west and parallel of Smith Avenue. Surrounding uses are agricultural
residential with prune orchards south and east of the project site. Horses are currently kept on the subject
property and in the surrounding neighborhood.
The applicant proposes to build portable horse stalls as needed to eventually accommodate up to 40 horses
on the project site. The stalls would be 10'x 10' in size for a total of 4000 square feet of buildings. Proposed
accessory uses would include a 250' x 150' riding arena, two corrals, a graveled parking area with a
connecting access drive to a truck and trailer parking area near the proposed stalls. The applicant proposes
to install six stalls preliminarily and anticipates the boarding of 20 horses by the year 2001. Additionally, the
applicant is requesting to operate a feed and tack store in the existing shop on the property.
The subject project is located in the Biggs area and has a land use designation of "Orchard and Field Crops".
The project topography is generally level terrain with existing irrigation (does not carry water at this time) and
reclamation ditches bisecting the property north to south west of the Smith Avenue frontage. No flooding has
occurred on-site. The soils in this area are classified as "Class 2" or "good cultivatable land." The Soil
Conservation Service Land Capabilities Classification notes that lands with this soil classification have few
limitations and can be used for "cultivated crops, pasture, range, woodland or wildlife." (Butte County Master
Environmental Assessment, page LU -25). The surrounding area is currently in agricultural production
(orchard crops).
0 Butte County Department of Development Services 0 Planning Division 0
•
Project: UP 98-20
6. Assessor's Parcel Numbers: 022-100-024 and 022-100-025
7. Date Checklist Submitted: May 15,1998
II: DETERMINATION:
On the basis of this initial evaluation:
❑ 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.
❑ 1 find that the proposed project COULD have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Prepared by: Date
Reviewe For
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below could be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
® Land Use and Planning
❑ Population and Housing
0 Geophysical
❑ Water
0 Air Quality
® Transportation/Circulation ❑ Public Services
0 Biological Resources 0 Utilities and Service
Systems
0 Energy and Mineral Resources 0 Aesthetics
❑ Hazards ❑ Cultural Resources
❑ Noise 0 Recreation
❑ Butte County Department of Development Services ❑ Planning Division ❑
K
Project: UP 98-20
Potentially
Significant
Impact
EVALUATION OF ENVIRONMENTAL IMPACTS:
,s
Significant
Less
Unless
Than
Mitigation
Significant
Incorporated
Impact
No
Impact
1) A brief explanation is required for all answers except "No Impact' answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each question.
A "No Impact' answer is adequately supported if the referenced information sources show that the.
impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault
rupture zone). A "No Impact' answer should be explained where it is based on project -specific
screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project -level, indirect as well as direct, and construction as well as operational
impacts.
3) 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is
significant if there are one or more 'Potentially Significant Impact' entries when the determination is
made, an EIR is required.
4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from 'Potentially Significant Impact' to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they
reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analysis," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process,
an effect has been adequately analyzed in a earlier EIR or negative declaration. Section
15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated. A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
This is a draft form of the County of Butte Environmental Checklist (Initial Study) form. It is subject to periodic
revisions to comply with the State of California Office of Planning & Research recommended format.
IV. ENVIRONMENTAL IMPACTS:
Potentially
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
■ Butte County Department of Development Services ■ Planning Division ■
3
0
Project: UP 98-20
Potentially
Significant
Impact
1. LAND USE AND PLANNING. Would the proposal.
0
Significant
Less
Unless
Than
Mitigation
Significant
Incorporated
Impact
a) Conflict with general plan
designation or zoning? X
No
Impact
Comment: The project is a request to allow riding and boarding stables and a commercial feed store
on property currently zoned A-40 (Agricultural -40 acres minimum parcel size) and designated as
"Orchard and Field Crops." Although the zoning ordinance allows riding staples with a use permit in
the A-40 zoning district, policies within Agricultural Element of the General Plan direct careful
consideration of uses other than agricultural production on the agriculturally designated properties.
In order to preserve the maximum amount of land for commercial agricultural production and to avoid
conflicts, restrict non-agricultural uses in the Zoning Ordinance, including, but not limited to, water ski
lakes, riding stables, golf courses, residential subdivisions, and industrial and commercial uses not
directly related to agriculture on agricultural lands. Public uses, including but not limited to, sewer
treatment plants, drainage facilities, and energy generating facilities shall be permitted subject to a
Use Permit". Such facilities shall be carefully located so as not to unduly interfere with existing or
planned agricultural activities." (Agricultural Element, page AE -13)
Commercial feed stores are not listed as allowed uses in the A-40 zoning district or as allowed with
a use permit. A code amendment to the zoning district regulations and a possible amendment to the
Agricultural Element may be necessary prior to approving the applicant's request for the commercial
feed store. Allowing commercial or retail sales to occur in the agriculturally designated parcels
throughout the County may result in a potentially significant impact to the preservation of agricultural
land as currently set forth in the General Plan.
Mitigation 1: Deny the request for a commercial feed store. If the applicant wishes to
pursue revision of the current zoning regulation to allow a commercial feed
store and/or an amendment to the General Plan policies regarding limiting
non-agricultural uses , further environmental assessment will be required to
analyze potential impacts to the preservation of agricultural resources.
b) Conflict with applicable
environmental plans or policies
adopted by agencies with
jurisdiction over the project? X
Comment: The project site contains a drainage ditch under the authority of Reclamation District No.
833. The Board of Trustees for Drainage District No. 833 responded to this use permit application
by forwarding an adopted Resolution which requires drainage studies be prepared and submitted to
their agency for review and action on a case-by-case basis. Required information must include data
regarding the established historical peak flows from the site, indications that no increase in peak
drainage flows from the development site will be deposited into their drainage facility, and proposed
offsite improvements to maintain the holding capacity. (Please see attached Resolution.)
Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and
install improvements if necessary to ensure that there are no increases in peak drainage flows
■ Butte County Department of Development Services ■ Planning Division ■
4
10
Project: UP 98-20
Potentially
Significant
Impact
into the existing drainage facility.
c) Be incompatible with existing land
use in the vicinity?
d) Affect agricultural resources or
operations (e.g., impacts to soils or
farmlands, or impacts from
incompatible land uses)?
e) Disrupt or divide the physical
arrangement of an established
community (including a low-income
or minority community)?
Significant
Less
Unless
Than
Mitigation
Significant No
Incorporated
X
Impact Impact
X
Comments: The proposed use for the subject property (riding and boarding stables and a
commercial feed store) may conflict with existing agricultural uses if the project is fully developed
including the commercial feed store operation. Because the applicant is unsure how intensive the
proposal may become (i.e. types of horse -related activities such as shows, training, competitive riding
etc. and the area demand for a local feed store), it appears prudent to limit the number of horses
allowed on the site at this time in addition to denying the commercial feed store operation. The full
ranges of equestrian facilities and activities could significantly increase the impact on the surrounding
neighborhood including traffic and noise related impacts.
Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding
request to 30 horses.
2. POPULATION AND HOUSING. Would the proposal.
a) Cumulatively exceed official
regional or local population
projections? X
b) Induce substantial growth in
an area either directly or indirectly
(e.g., through projects in an
undeveloped area or extension of
major infrastructure)? X
c) Displace existing housing, .
especially affordable housing? X
Comment: There are no housing units associated with the project and no cause and effect
relationship between the horse riding and boarding facilities and human population increase. The
proposed project will not have a direct or indirect growth inducing effect.
■ Butte County Department of Development Services ■ Planning Division ■
5
Project: UP 98-20
Potentially
Significant
Impact
Mitigation: None required.
3. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a) Seismicity: fault rupture?
b) Seismicity: ground shaking/
liquefaction?
c) Seismicity: seiche?
•
Significant
Unless
Mitigation
Incorporated
Less
Than
Significant
Impact
No
Impact
Comments: All of Butte County is in a Moderate Earthquake Intensity Zone Vlll. The property is
located in an area of relatively low seismic activity. No active faults are located on the property. The
closest active fault to the subject site is the Cleveland Hills fault located approximately 15 miles east
of the property. Potentially active faults are located southeast (near the Sierra Foothills) and
southwest (Dunnigan and Willows areas). The likelihood of an earthquake from these currently
inactive faults is extremely low.
Ground shaking potential from seismic,activity in the Butte County is difficult to predict as there is not
sufficient geologic and seismic data available. (BCMEA) The degree of ground shaking greatly varies
and depends on the magnitude of the earthquake and geology. A Modified Mercalli intensity between
VI and VII for seismic activity is expected for the majority of land within Butte County.
Liquefaction is generally associated with areas where the groundwater is less than 30 feet from the
surface and soils are characterized as poorly consolidated fine to medium sand. The subject site has
a generally moderate liquefaction potential. The proposed project does not increase the liquefaction
potential.
No large bodies of water are located on the subject site; therefore, the occurrence for seiche (periodic
oscillation of a lake, river, bay, etc. from seismic activity) is not possible.
Mitigation: None required.
d) Landslides or mudslides?
e) Erosion, changes in topography
or unstable soil conditions from
excavation, grading or fill?
Comments: Landslide or mudslide potential is not associated with valley agricultural lands. Erosion
potential is none to minimal for the subject property. No significant excavation, grading or fill is
proposed for the project site.
Mitigation: None required.
■ Butte County Department of Development Services ■ Planning Division ■
N
Project: UP 98-20
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
f) Subsidence of the land?
g) Expansive soils?
h) Unique geologic or physical
features?
Less
Than
Significant No
Impact Impact
X
Comments: Subsidence potential in Butte County is associated with heavy ground water withdrawal.
According to the BCMEA, the subject site is not associated with either heavy ground water withdrawal
or subsidence potential. The subject site does not contain expansive soils. There are no unique
geologic or physical features associated with the project site.
Mitigation: None required.
4. WATER. Would the proposal result in:
a) Changes in absorption rates,
drainage patterns, or the rate
and amount of surface runoff?
Comment: The addition of structures on the site (stables) and parking areas has the potential to
increase storm water runoff. See Mitigation 2 above.
Mitigation: None required.
b) Exposure of people or property
to water related hazards such as
flooding?
Comment: The BCMEA notes that the subject property is outside the 500 -year, flood plain. No
flooding incidents have been recorded for the project site.
Mitigation: None required.
c) Discharge into surface waters
or other alteration of surface water
quality (e.g. temperature, dissolved
oxygen or turbidity)?
Comment: Surface water quality is managed by local agencies in accordance with state standards.
The County of Butte has adopted standards for specific areas of the county which require close
monitoring of surface and ground water quality. No impacts to surfaces waters are associated with
the proposed project site.
Mitigation: None required.
d) Changes in the amount of surface
■ Butte County Department of Development Services ■ Planning Division ■
7
Project: UP 98-20
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact . Incorporated Impact Impact
water in any water body? X
e) Changes in currents, or the
course or direction of water
movements? X
Comment: The project site does not contain any water bodies.
Mitigation: None required.
f) Change in the quantity of
ground waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavation? X
g) Altered direction or rate of flow
of groundwater? X
h) Impacts to groundwater quality? X
Comment: No change in the quality, direction or rate of ground waters is expected to occur. The
project site is not associated with a groundwater recharge area. (BCMEA)
Mitigation: None required.
5. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or
contribute to an existing or projected
air quality violation?
Comment: Limited construction on the project site including the preparation of areas for on-site
parking and loading could result in the release of fine particles of dust. Fugitive PM,o dust would be
generated primarily by site preparation. This short term impact is considered less than significant
because standard construction measures, including controlling fugitive dust at all times will be
required as a condition of the use permit. As a condition of approval, parking areas must have a
minimum 2" class /1 aggregate base surface to reduce the dust potential.
Mitigation: None required.
b) Expose sensitive receptors to
pollutants? — X
c) Alter air movement, moisture, or
temperature, or cause any change in
climate? — X
■ Butte County Department of Development Services ■ Planning Division ■
9
10
Project: UP 98-20
Significant Less
Potentially Unless Than
Significant Mitigation Significant
Impact Incorporated Impact
d) Create objectionable odors?
No
Impact
Comment: There are no pollutants associated with the proposed project. The location of the stables
is not in direct proximity to existing residential use; however, manure odor could create an impact on
the few neighboring residences if not collected, stored and disposed properly. The County of Butte
has adopted health standards for the keeping of animals which the project proponent must adhere.
Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The
site shall be maintained in a clean and sanitary manner. The applicant shall comply with all
regulations of the Butte County Environmental Health Department regarding livestock
keeping.
6. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a) Increased vehicle trips or traffic
congestion? X
Comment: The project if approved, would result in an incremental traffic increase in the area. It is
estimated that additional traffic generation could range from an increase of 8 ADT (average daily trips)
to 80 ADT (worst case scenario) depending on the type or.level of activity. Limiting the number of
horses boarded on-site to a maximum of 30 will reduce the worst case scenario to approximately 60
ADT. (Additional traffic generated with the feed store has not be calculated.)
Mitigation: Reduce the number of horse boarded (Mitigation 3).
b) Hazards to safety from design
features (e.g. sharp curves or
dangerous intersections) or incompatible
uses (e.g. farm equipment)?
Comment: The Butte County Department of Public Works will require adjacent improvement to Smith
Avenue for the proposed project including encroachment permits for new and existing access from
Smith Avenue.
Mitigation: None is required.
c) Inadequate emergency access or
access to nearby uses X
d) Insufficient parking capacity onsite/ -
offsite? X
e) Hazards or barriers for pedestrians or
bicyclists?
■ Butte County Department of Development Services ■ Planning Division ■
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Project: UP 98-20
Potentially
Significant
Impact
ii
Significant
Less
Unless
Than
Mitigation
Significant
Incorporated
Impact
No
Impact
f) Conflicts with adopted policies
supporting alternative transportation
(e.g. bus turnouts, bicycle racks)? X
g) Rail, waterborne or air traffic
impacts? —X
h) Substantial impact upon existing
transportation systems, including
public transportation services? _ X
Comments: The project is not associated with inadequate emergency access or access to nearby
uses. Approval of the use permit will require compliance with the County's parking requirements as
a standard of approval. No impacts to bicyclists, bus, rail, waterborne or air traffic are anticipated as
a result of this project.
Mitigation: None is required.
7. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare
species or their habitats (including but
not limited to plants, fish, insects,
animals, and birds)?
Comment: The project site has no endangered, threatened or rare species.
Mitigation: None required.
b) Locally designated species (e.g.
heritage trees)? — X
Comment: There are no locally designated species or "heritage" species within Butte County.
Mitigation: None required.
c) Locally designated natural
communities (e.g. oak forest, etc.)? X
Comment: The project site is residentially -developed land with pasture areas. It does not contain
designated natural communities.
Mitigation: None required.
■ Butte County Department of Development Services "■ Planning Division ■
10
Project: UP 98-20
Significant
Less
Potentially Unless
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
d) Wetland habitat (e.g. marsh,
riparian and vernal pool)? X
Comment: There are no wetland habitats associated with the project site.
Mitigation: None required.
e) Wildlife dispersal or migration
corridors? _X
Comment: No wildlife is associated with the project site. The site is not within a known migration
corridor.
Mitigation: None required.
8. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy
conservation plans? X
b) Use non-renewable resources in a
wasteful and inefficient manner? X
C) Conflict with the extraction of
identified, significant mineral
resources? X
Comments: The project does not conflict with adopted energy conservation plans nor is it associated
with non-renewable natural resources or mineral extractions.
Mitigation: None required
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or
release of hazardous substances
(including, but not limited to: oil,
pesticides, chemicals, or radiation) X
b) The creation of any health hazard
or potential health hazard? -X—
■ Butte County Department of Development Services ■ Planning Division ■
Project: UP 98-20
c) Exposure of people to existing
sources of potential health hazards?
Comment. No hazardous substances are associated with the proposed project. Maintenance of the
animal stables and associated facilities related to the horses shall be in compliance with County
health and safety standards.
Mitigation: None required.
d) Possible interference with an
emergency response plan or emergency
evacuation plan?
Comment. The project will not interfere with any emergency response or evacuation plans.
Mitigation: None required.
e) Increased fire hazard in areas with
flammable brush, grass, or trees?
Comment: The project will not result in increased fire hazards. .
Mitigation: None required.
10. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise
levels?
Comment: The ambient noise levels in the general vicinity may increase with the occurrence of
equestrian -related activities such as horse shows, competition and training programs.
Mitigation 5: The operation of horse shows, competitive events, training and other such group
activities shall be limited to no more than 35 participants/attendees. These types of activities
shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification
systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property
lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m.
11. PUBLIC SERVICES. Would fte DrODOS81 Wave a -t
effect upon, or re ult on a need for new o
altered government services in any of the
areasw
a) Fire protection?
■ Butte County Department of Development Services ■ Planning Division ■
12
Significant
Less
Potentially Unless
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
c) Exposure of people to existing
sources of potential health hazards?
Comment. No hazardous substances are associated with the proposed project. Maintenance of the
animal stables and associated facilities related to the horses shall be in compliance with County
health and safety standards.
Mitigation: None required.
d) Possible interference with an
emergency response plan or emergency
evacuation plan?
Comment. The project will not interfere with any emergency response or evacuation plans.
Mitigation: None required.
e) Increased fire hazard in areas with
flammable brush, grass, or trees?
Comment: The project will not result in increased fire hazards. .
Mitigation: None required.
10. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise
levels?
Comment: The ambient noise levels in the general vicinity may increase with the occurrence of
equestrian -related activities such as horse shows, competition and training programs.
Mitigation 5: The operation of horse shows, competitive events, training and other such group
activities shall be limited to no more than 35 participants/attendees. These types of activities
shall be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification
systems shall be limited to the arena area and shall not exceed 65 db at all adjoining property
lines. Any initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m.
11. PUBLIC SERVICES. Would fte DrODOS81 Wave a -t
effect upon, or re ult on a need for new o
altered government services in any of the
areasw
a) Fire protection?
■ Butte County Department of Development Services ■ Planning Division ■
12
Project: UP 98-20
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
b) Police protection?
c) Schools?
Less
Than
Significant No
Impact Impact
Comments: The project does not involve residential use or population increase and therefore, does
not impact services and facilities.
Mitigation: None required.
d) Maintenance of public facilities,
including roads?
e) Other governmental services?
Comments: New development will be responsible -for the provision and maintenance of on-site
improvements and access to the public road. The Butte County Department of Public Works will
determine if road improvements are necessary for the development of this project.
Mitigation: None required.
12. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or
substantial alterations to the following stili� ties:
a) Power or natural gas? X
b) Communications systems? X
c) Local or regional water treatment
or distribution facilities? X_
Comments: This project will not generate the need for significant service or utility demands.
Mitigation: None required.
d) Sewer or septic tanks?
Comment: Conversion of the existing storage shed to a commercial feed store would require
compliance with the Uniform Building Code including the provision of bathroom facilities with state
handicapped accessibility standards. New sanitary waste facilities (septic tank and leach fields) may
be required. If required, these facilities would be reviewed and permitted through the Butte County
Environmental Health Department.
Mitigation: None required.
■ Butte County Department of Development Services ■ Planning Division ■
13
Project: UP 98-20
Significant Less
Potentially Unless Than
Significant Mitigation Significant
Impact Incorporated Impact
e) Storm water drainage? X
Comment. See Mitigation 2.
Mitigation: None required.
Solid waste disposal?
Comment:. The proposed project will not significantly effect solid waste disposal.
Mitigation: None required.
g) Special Districts?
Comment: The proposed project will not have an impact on Special Districts.
Mitigation: None required.
No
Impact
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or designated
scenic highway? X
Comment. There are no designated scenic vistas or highways associated with the project site.
Mitigation: None required.
b) Have a demonstrable negative
aesthetic effect? X
Comment: Agricultural uses includhig-livestock keeping is currently found in the general vicinity of
the project. Proposed new structures such as the stables, arena and corrals are aesthetically
consistent with buildings and structures associated with agricultural -residential uses in the area.
Mitigation: None required
c) Create light or glare? X
Comment. The proposal may include lighting the arena area for horse showsAraining etc. This type
of lighting could be impact neighboring residents if not mitigated.
Mitigation 6: All new exterior lighting associated -with. the horse stables and boarding (and the
commercial feed store if approved) shall be shielded and directed downwards so that it does
not spill off-site onto adjacent properties.
14. CULTURAL RESOURCES. Would the proposal:
■ Butte County Department of Development Services ■ Planning Division ■
14
C
Project: UP 98-20
Potentially
Significant
Impact
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?
Significant
Unless
Mitigation
Incorporated
Less
Than
Significant No
Impact Impact
Comment: There are no know historic, archaeological or paleontological resources associated with
the project site. The proposed project would not affect any unique ethnic oi� cultural values.
e) Restrict existing religious or sacred
uses within the potential impact area? X
Comment: There are no existing religious or sacred uses conducted on or near the project site.
Mitigation: None required.
15. RECREATION. Would the proposal:
a) Increase the demand for
neighborhood or regional parks or
other recreation facilities?
b) Affect existing recreational
opportunities? X
Comments: The project will not increase demand for neighborhood or regional parks or other existing
or future recreational facilities; however, the project may provide new recreational opportunities.
Mitigation: None required.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the
potential to degrade the quality of
the environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
■ Butte County Department of Development Services -■ Planning Division ■
15
0
Project: UP 98-20
Potentially
Significant
Impact
endangered plant or, animal or
eliminate important examples of the
major periods of California history
or prehistory?
•
Significant
Less
Unless
Than
Mitigation
Significant No
Incorporated
Impact Impact
Comment: As previously noted, the project will not impact the habitat of any species of animal or
plant or eliminate any historical or prehistorical resources.
b) Does the project have the
potential to achieve short-term
environmental goals, to the
disadvantage of long-term -
environmental goals?
Comment. The project will not result in any short-term benefits at the expense of impacting long-term
environmental goals.
c) Does the project have impacts
that are individually limited,
but cumulatively considerable?
("Cumulatively considerable"
means that the incremental
effects of a project are
considerable when viewed in
connection with the -effects of
past projects, the effects of
other current projects, and the
effects of probable future projects). X
Comment: There are no significant impacts which cannot be mitigated or cumulative impacts
associated with the project.
d) Does the project have environmental
effects which will cause substantial
adverse effects on human being, either
directly or indirectly? _X
Comment: Tlie project will not result in environmental effects which will result in direct or indirect
adverse impacts to human beings.
V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Mitigation I: Deny the request for a commercial feed store. If the applicant wishes to pursue revision
of the current zoning regulation to allow a commercial feed store and/or an amendment to the General
Plan policies regarding limiting non-agricultural uses, further environmental assessment will be
required to analyze potential impacts to the preservation of agricultural resources.
■ Butte County Department of Development Services ■ Planning Division ■
16
•
Project: UP 98-20
Significant
Less
Potentially Unless
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
Monitoring Program:
No monitoring program is necessary for this mitigation if adopted. Subsequent environmental review would
be conducted for the zoning and/or general plan amendment.
Mitigation 2: Provide drainage studies as required by Reclamation District No. 833 and install
improvements if necessary to ensure that there are no increases in peak drainage flows into the
existing drainage facility.
Monitoring Program:
The applicant shall contact Reclamation District No. 833 for resolution of the on-site drainage improvements
if necessary. The applicant shall provide the Butte County Development Services Department verification that
the District concerns regarding on-site drainage have been satisfied.
Mitigation 3: Limit the number of horses to be kept on the project site as part of the boarding request
to 30 horses.
Monitoring Program:
The Department of Development Services Planning staff shall be responsible for field verifying the number
of horses on-site on an annual basis. The applicant shall contact the Department if he/she wishes to increase
the number of horses to 40 prior to accepting additional horses. On-going monitoring will be conducted by
Planning staff when appropriate.
Mitigation 4: The collection, storage and disposal of manure shall be performed weekly. The site
shall be maintained in a clean and sanitary manner. The applicant shall comply with all regulations
of the Butte County Environmental Health Department regarding livestock keeping.
Monitoring Program:
The Department of Development Services Planning staff shall be responsible for field verifying the condition
of the project six months after use permit approval. The Department will review the site on an annual basis
and will respond to complaint as necessary.
Mitigation 5: The operation of horse shows, competitive events, training and other such group
activities shall be limited to no more than 35 participants/attendees. These types of activities shall
be conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be
limited to the arena area and shall not exceed 65 db at all adjoining property lines. Any initial
construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m.
Monitoring Program:
By signing the conditions of approval for the use permit, the applicant is bound by the environmental
mitigations, and therefore, will be responsible for monitoring the events held on the site to ensure time
restrictions and maximum noise levels are maintained as approved. The Planning staff will respond to
■ Butte County Department of Development Services ■ Planning Division ■
17
11
Project: UP 98-20
complaints as necessary.
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
Less
Than
Significant No
Impact Impact
Mitigation 6: All new exterior lighting associated with the horse stables and boarding (and the
commercial feed store if approved) shall be shielded and directed downwards so that it does not spill
off-site onto adjacent properties.
The Planning staff will verify that the new outdoor lighting meets the above criteria as part of the final building
permit approval. Specifications for the lighting may be noted on project plans for review and approval by the
staff.
■ Butte County Department of Development Services ■ Planning Division ■
18
Project: UP 98-20
A.
B
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
DATA SHEET
Project Description
1. Type of Project: Use Permit
2. Proposed Density of Development: Not a residential project.
3. Amount of Impervious Surfacing: Unknown at this time.
4. Access and Nearest Public Road(s): Smith Avenue and Rio Bonita Road
5. Method of Sewage Disposal: Individual septic systems.
6. Source of Water Supply: Individual wells.
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: Possible. homesite segregation;
however, none know at this time.
1. Terrain
a General Topographic Character: flat, agricultural land currently without irrigation.
Dry pasture land.
b. Slopes: 0 -minimal
c. Elevation: 120 feet above sea level.
d. Limiting Factors: none
2. Soils
a. Types and Characteristics: Class II
b. Limiting Factors: No limiting factors known
3. Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity Zone Vlll
b. Erosion Potential: Very low
c. Landslide Potential: Low
d. Fire Hazard: Low to Moderate
e. Expansive Soil Potential:'Low
4. Hydrology
a. Surface Water: Drainage ditch (Reclamation District No. 833
b. - Ground Water: Characteristically 6-10 feet below surface
c. Drainage Characteristics: Well -drained soil
d. Annual Rainfall (normal): 26 inches per year.
e. Limiting Factors: None
5. Visual/Scenic Quality: Good.
6. Acoustic Quality: Good.
7. Air Quality: Good, except when stagnant air conditions persist in the valley or
agricultural burning takes place
8. Vegetation: No significant vegetation - dry pasture land
9. Wildlife Habitat: Small birds and mammals common to valley grasslands and
agricultural production
10. Archaeological and Historical Resources in the area: Low Sensitivity area.
■ Butte County Department of Development Services ■ Planning Division ■
19
j)
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT — April 22,1999
Applicant: Doug and Kari Wheeler
File #: UP 99-17
Request: Use Permit for a feed store
G.P.: Orchard and Field Crops
Zoning: A-40 (Agricultural -40 acres)
APN: 022-100-024 & 025
Location: On the corner of West Rio
Bonito and Smith Avenue, at
3415 Smith Ave., Biggs
Parcel Size: 10+/ -acres
Zone date: 06-17-75
STAFF COMMENT
Supervisor District: 4
Project Planner: Daniel C. Breedon
Applicable Regulations: Butte County
Code Sections 24-45.10 and 24-305.148
Attachments: A.'
June 25, 1998
Planning Commission
Minutes
B.
Use Permit 98-20
C.
Vicinity Map
D.
General Plan/Zoning,
Map
E.
Initial Study
F.
Site Plan
G.
Lot Line Adjustment
Map
This application was part of an earlier request (UP 98-20) that involved a boarding and riding
stable and feed store. The Planning Commission approved the boarding and riding stable on
June 25, 1998. At that time, the feed store was found to be inconsistent with the uses permitted
by the A-40 Zoning District and was denied by the Planning Commission. This decision was
appealed to the Board of Supervisors. The Board upheld the Planning Commission's decision to
approve the Use Permit for the boarding and riding stable and to deny the feed store and
instructed staff to amend the zoning ordinance to allow feed stores in the agricultural zones,
subject to a Use Permit. Staff prepared the zoning ordinance amendment, which was
subsequently approved by the Board of Supervisors on March 9, 1999. This Use Permit is a
request to permit the feed store as originally requested.
CEQA ISSUES: The Planning Commission approved a Mitigated Negative Declaration for this
project at the June 25, 1998 hearing. This approval considered the environmental impact of the
Butte County Department of Development Service 0 Planning Division ❑ Page 1
M
b
boarding and riding stable and the feed store. Included was a mitigation to deny the feed store
due conflicts with the zoning ordinance. This conflict no longer exists due to the revision of the
zoning ordinance. Staff recommends that the Mitigated Negative Declaration approved for the
boarding and riding stable be approved for this project, with the removal of Mitigation Measure
6 #1 regarding the denial of the feed store, removal of Mitigation Measure #3 regarding the
boarding of horses, removal of Mitigation Measure #4 regarding disposal of manure, and
modification of Mitigation Measure #5 limiting construction activities. These changes are
necessary to make the mitigations applicable to the feed store. The original mitigations are still
applicable to the boarding and riding stable approved under UP 98-20.
ANALYSIS
�PProject Summary: ' The retail feed store will involve two main buildings. The storage of feed
will take place within an existing storage building. Retail sale of feed will take place within a
proposed 24 x 36 -ft. building. This building is to be constructed on the pad of a barn that was
destroyed by a fire. A restroom will also be included within the feed store building.
Section 24-305.148 and 24-90 C. 3. of the Butte County Code allows for limited retail feed stores
within the agricultural zones. Feed stores are limited to the sale of hay, grain, and other food
supplies for farm and domestic animals. Animal maintenance products including medicines,
vaccines and grooming supplies may also be sold provided that the sale of these products is
ancillary to the sale of feed products. Outdoor storage of products other than feed or grain is
prohibited.
General Plan and Zoning: The proposal will not conflict with the General Plan designation or
zoning classification. The Agricultural Zoning District, applicable to this property, allows for
feed stores upon securing a Use Permit. The use is consistent with the Orchard and Field Crop
General Plan designation and is supported by Agricultural Element Policy 3.5, which supports
services related to agricultural production, and Program 6.1, which supports opportunities to
promote and market agricultural products within the County. The use is also supported by Land
Use Element Policies 4.1, Economic Growth and 4.3a, Commercial Services. Specifically,
Policy 4.1 a. states that the County should provide sites and facilities to accommodate a variety of
economic activities, and Policy 4.3a. states that the County should encourage a full range of
commercial services at the regional, community and neighborhood levels. The Board of
Supervisors included these policies as findings in approving the amendment allowing for feed
stores in the agricultural zones at the March 9, 1999 hearing. Policy 3.2 of the Agricultural
Element allows commercial uses only if they are related to agricultural activities.
Surrounding Uses and Compatibility: The size of the property (10 -acres), and low-density
agricultural use of surrounding properties, contributes to the compatibility of the proposed use
with surrounding properties. Surrounding properties range in size from ten to over fifty acres. A
single-family dwelling is located on this property, south of the feed store. A lot line adjustment
Butte County Department of Development Service ❑ Planning Division 0 Page 2
(LLA 98-22) has been submitted involving two, 10 -acre parcels. This adjustment proposes to
encompass the dwelling on a 2 -acre parcel. The feed store will remain on the 18 -acre parcel.
There will be a 52 -foot setback from the feed store to the proposed new property line. This
exceeds the required 25 -foot setback as required in the A-40 Zoning District. The existing
adjacent dwelling is separated from the property line by 96 -feet. This distance, together with the
52 -feet of setback for the feed store provides 148 -feet of separation between the feed store and
the dwelling. The additional separation will increase compatibility between the two adjacent
uses.
There is currently no provision for an on -premise sign for feed stores. Butte County currently
regulates signs through discretionary permits and has no specific sign regulations. It is
recommended that a sign be allowed since this use is a commercial use which is dependent upon
some advertising. However the size of the sign should take into account the surrounding
properties since this area is not commercially zoned. -The County's home occupation ordinance
allows for home business signs with up to 3 square feet of display area. Since this use is more
intensive than a home business, the Commission may want to allow for a larger sign. Staff is
recommending that a size of 40 square feet of display area would provide a functional size while
still keeping the sign small enough to not present a visual impact to surrounding properties. It is
also recommended that the sign be either attached to the structure or installed as a ground sign
limited to a 6 -foot height, unlighted, and limited to the name of the feed store. These measures
will further reduce visual impact to the surrounding area and provide for greater compatibility.
Local Agencv Review: The Environmental Health Department requires , a restroom for
public/staff use. The restroom will require the installation of a septic system. This is
recommended as a condition of the Use Permit and is also part of the applicant's proposal.
The Department of Public Works requests 30 -feet of right-of-way along Smith Avenue and West
Rio Bonito Road. This is recommended as a condition of the Use Permit.
ACTIONS FOR CONSIDERATION
Staff recommends that the Planninp, Commission take the following actions:
Adopt the proposed Mitigated Negative Declaration with the following 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., The design of the project and mitigations added to the project
shown in Exhibit "A," Conditions #5 — 7 will mitigate such effects to a level of
insignificance.
Butte County Department of Development Service 0 Planning Division 0 Page 3
13
B. 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 Mitigated Negative Declaration reflects the independent
judgement of the County of Butte; and
II. Approve a "de minimus" exemption to the collection of Department of Fish and Game
environmental filing fees. The design of the proposed project will not cause
environmental damage to fish and wildlife or their habitat; and
III. Approve Use Permit 99-17 subject to the conditions listed in Exhibit "A" with the
following 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 properties, 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 as supported by the following:
1. The proposed feed store complies with the definition of a
feed store contained in Butte County Code Section 24-
305.148.
2. Adoption of Conditions #1 = 11 will further protect the
integrity and character of the zone in which the land lies,
and ensure that the use will not be unreasonably
incompatible with, or injurious to, surrounding properties.
Butte County Department of Development Service 0 Planning Division 0 Page 4
L
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP 99-17
PERMIT NO.
022-100-024 & 025
ASSESSOR'S PARCEL'NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below, Doug and Kari Wheeler is hereby granted a Use Permit in accordance
with application filed to operate a feed store as defined under Butte County Code Section 24-
305.148.
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit, constitutes cause for the revocation of said
permit in accordance with the procedures set forth in the Butte County Zoning
Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all
conditions must be completed prior to or concurrently with the establishment of
the granted use. The use granted by this permit must be established within 24
months of the delivery of the countersigned permit to the Permittee.
3. 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.
4. If any use for which a use permit has been granted is not established within two
years of the date of receipt of the countersigned permit by the Permittee, the
permit shall become null and void and reapplication and a new permit shall be
required to establish the use.
Butte County Department of Development Service 0 Planning Division 0 Page 5
5. The terms and conditions of this permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors,
and assigns of the Permittee.
Conditions of Approval:
Outdoor storage of products other than feed or grain is prohibited.
2. Animal feed products must be the primary merchandise offered for , sale. Animal
maintenance products including medicines, vaccines and grooming supplies may be sold
provided that the sale of these products is ancillary to the sale of feed products.
3. A single, unlighted building or ground sign, not exceeding 40 -square feet in display area
shall be permitted. If a ground sign is used it shall not exceed 6 -feet in height. The sign
shall be limited to advertising only those services established under this Use Permit.
4. The applicant shall provide an all-weather access designed to accommodate a 40,000 -
pound fire apparatus with a minimum of 10 -feet of width and 15 -feet of vertical
clearance.
5. Provide drainage studies to Reclamation District No. 833 and install improvements if
necessary, to the satisfaction of the District, to ensure that there are no increases in peak
drainage flows into the existing drainage facility. (Mitigation Measure #1)
6. Any construction activities shall be limited to the hours of 8:00 a.m. — 5:00 p.m.
(Mitigation Measure #2)
7. All new exterior lighting associated with the feed store shall be shielded and directed
downwards so that light does not spill off-site onto adjacent properties. (Mitigation
Measure #3)
8. Prior to issuance of the occupancy permit provide a minimum of six off-street parking
spaces in accordance with Butte County Code Section 24-240 and sufficient turn -around
area for trucks and horse trailers on-site. A minimum of 2 -inches of class II aggregate
base surface shall be provided for the parking area shown on the Use Permit plot plan in
order to act as a dust palliative in accordance with Butte County Code Section 24-240.10.
9. A restroom for public and employee use shall be provided and shown on the building
permit construction plans. This will require the installation of a septic system. Septic
system construction must be approved by the Butte County Environmental Health
Department, and be located- on the same parcel as the feed store. No lot lines may be
crossed with the septic system.
10. Prior to the issuance of building permits, the permittee shall deed to Butte County, in fee
simple, 30 -feet of right-of-way from the centerline of Smith Avenue and West Rio Bonito
Butte County Department of Development Service-❑ Planning Division 0 Page 6
Road. The right-of-way shall be sufficient for the installation of standard No. S-5 at all
intersections.
11. The applicant shall comply with all environmental mitigations and other applicable state
and local ordinances, statutes and regulations.
I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are
in fact the conditions which were imposed upon the granting of this use permit, and that I agree
to abide fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and
Health Department permits before starting construction, nor does it waive any other
requirements.
Butte County Planning Commission Chairman
CC: Land Development Division
Building Division
Health Department
Department of Forestry
Butte County Department of Development Service 0 Planning Division 0 Page 7
n�u� 8� Kari WheeleJ: - proposed with mitigation measures regarding
environmental impacts and i Ise Permit for a boarding stable for 40 horses with a riding stable and
a feed and tack store on property zoned A-40 (Agricultural - 40 acre parcels) located on the
northwest corner of West Rio bonito Road and Smith Avenue, identified as AP 022-100-024 and
025, Biggs. (PF) (UP98-20)
Commissioner Leland abstained from this hearing and stepped down from the dais.
Mr. Sanders gave a brief summary of the project. He said the applicant is requesting a feed store and tack
shop for which staff is recommending denial. Stafis acres but onlyding 6 acres s boarding
being used for this
Ile said there are two parcels of approximately 29 ,
He said he is concerned with the amount of traffic the l
to 30. He said the tack shop is He
limitedrecommended
asking that the number of horses to be boarded bei
for denial as there is no provision in this zone for a commercial use.
Chairman Lambert asked if this proposal was on two parcels?
Mr. Sanders said there are 5 underlying lots with two parcel numbers. He said the project proposes to
use the Smith Road frontage of each of the 5 underlying lots.
The hearing was opened to the public.
only
Kari Wheeler said she would like to take the tack store out the
descave the feed he said
they wilto the
carry accessory tack for borders. She said they would like
neighbors and 4-H clubs to buy feed if they need to. ehn the Gridley area.e submitted a She on said he traffic ed by her iwill be
in favor of this project. She said there is no feed store 4 horses and is
low because the entrance will be at the beginning of Smith at ons will She
touse sarena. She said
going to buy one more. She said different clubs and organ
use the arena at nig t after 5
there could be up to 50 people at an event. She also want unded erlying lobs fole r
5 years and have just recently
p.m. for roping. She said they have owned two of the 5 un y
purchased the other three.
Commissioner Mooney was concerned with dust.
Ms. Wheeler said this will be a sand arena and they will control the dust.
Commissioner Nelson asked staff where do they break from retail to commaccessory oerci propo He said
seis project
does not sound like a commercial operation. He said it so
unds fir. Sanders said there is no problem with selling what they vrow. The problem is selling feed not gro\\ n
on-site to the general public.
eland representing the Dos Rio Land Co., said that �lalva Bayless, owner, has no problem with
ivlr. L p are Ms.
the
this project. He said the nearest neighbor and owners of the
prune orchard
sales dto products used forlaccessor%
Wheelers have been good neighbors. He said there will b
to the project.
The hearing was closed.
■ BUTTE COUNTY PLANNING COiNINUSSION ■ MINUTES 8 JUNE 25, 1993 0
Chairman Lambert said she has a hard time seeing this project as anything more than a commercial use
and could not recommend it in an ag. zone. to favor of his proposal and would havedto� vote against itnarrow the mes
and events allowed. She said she is no
Commissioner Nelson said the proposal is more appropriate for this type of area than most. He said he has
no problem approving this permit. He said the tack sales and feed barn could be considered accessory uses
to the stable.
Mr. Sanders asked that mitigation measures 2-6 be made conditions of this permit if it is approved. He
they could add a condition that hat the feed barn be accessory to and/or complimentary to the riding
facility. Items sold limited to those that would be used by the operation. He said they might want to
limit the size of the structure with no off-site advertising sign allowed.
Commissioner Mooney said he liked Mitigation Mewant alfeed stoe saidke, they should apply fore was in favor of this Use
posal
as the staff report is written. He said if the applicants
Permit for one.
It was moved by Commissioner Felson, seconded in CommissionerAgenda Report dated May 17 t 1998, adding
Use Permit subject to the findings and condove the
itions in the I p
Mitigation Measures 2-6 to the conditions, correct the
Sect on # n #1 of as hefolfiiwsrst page of the Use Permit,
and change the wording on #2, and deny the request
for a
Section 1: Environmental Findings.
ted in compliance with the California Environmental Quality Act
A. An Initial Study was comple
identifying ntal effects that the project may have. Provisions
potentially significant environme
and the design of the project and the conditions (and mitigations) added to the project will
mitigate such effect to a level of insignificance; and
B. The design and the improvements for the proposed project will not cause environmental damage
to fish or wildlife or their habitat and a de minimus exemption to the collection of Department
of Fish and Game Environmental Filing Fees is recommended; and
osed
C. The Planning Commission has independently it decision ondand the project, and theered eMi°p ated
Mitigated Negative Declaration prior to mak
Declaration reflects the independent judgement of the County of Butte; and
Section 2: Zoning Ordinance Findings.
A. The proposed use will not impair the integrity and character of the zone in which the land lies,
and that the use would not be unreasoandus to, nabGene al1welifre of he persons with, or oresiding oir70 orkin®
property, or be detrimental to the health andID
in the neighborhood or to the general health, safety, and welfare of the residents of the County
and
B. The proposed project is a Secondary Use underthe A-40 AgrI Orchard and Field
Zon nrops g Distttrict General Plan
designation and is conditionally consistent with
■ BUTTE COUNTY PLANNING CONVAISSION ■ MINUTES ■ JUNE 25, 1998 ■
C. The request for a feed and tack store cannot be granted as commercial stores are not allowed in
the A-40 zoning district pursuant to Chapter 24, Comprehensive Zoning Ordinance of the Butte
County Code.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use
Permit for Doug and Kari Wheeler on APNs 022-100-024 & 025 to allow the boarding and riding
stables for 30 horses (not including the applicant's existing horses) as depicted in the site plan
accompanying the application on 43 acres parcel zoned "A-40" Agricultural, 40 acre minimum
located on the north side of Rio Bonito Road and west side of Smith Avenue, approximately 1000
feet west of State Highway 99.'
Conditions of Approval:
The applicant may increase the number of horses to be boarded on the property to a total of c0
horses by submitting existing and proposed site plans to the Planning Division for administrative
review. Upon field verification and finding that the increase in the number of horses on the
property would not result in an adverse impact on the property or surrounding properties, the
planning staff may authorized the additional horses.
2. Meet the requirements of the Butte County Public Works and Environmental Health Departments. .
I10 applicant shall provide an,all weather access designed to accommodate a 40,000 pound fire
apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant
shall comply with the Public Resources Code 4290 regarding addressing.
4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient turn-
around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base surface
shall be provide for parking areas.
5. The applicant shall comply with all environmental mitigations and other applicable state and local
ordinances, statutes and regulations.
6. Provide drainage studies as required by Reclamation District No. 833 and install improvements
if necessary to ensure that there are no increases in peak drainage flows into the existing drainage
facility. (MM)
7. Limit the number of horses to be kept on the project site as part of the Use Permit request to 30
horses. (10M)
8. The collection, storage and disposal of manure shall be performed weekly. The site shall be
maintained in a clean and sanitary manner. The applicant shall comply with all regulations of the
Butte County Environmental Health Department regarding sanitation requirements.
9. The operation of horse shows, competitive events, training and other such group activities shall
be limited to no more than 35 participants'attendees. These types of activities shall be conducted
no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall be limited to
2 BUTTE COUNTY PLANNING CONINIISSION 0 MINUTES ■ JUNE 25. 1998 ■
the arena area and shall not exceed 65 db at all adjoining property lines. Any initial construction
activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (MM)
10. All new exterior lighting associated with the horse stables and boarding shall be shielded and
directed downwards so that it does not spill off-site onto adjacent properties. (MM)
AYES: Commissioners Cage, Nelson, and Mooney
NOES: Chairman Lambert
ABSENT: No one
ABSTAINED: Commissioner Leland
■ BUTTE COUNTY PLANNING C&NVAISSION, ■ MINUTES ■ JUNE 25, 1993 6
USE PERMIT
Butte County Board of Supervisors SEP 2 9 1998
DATE: (Certified Mail Rec.)
PERMIT NO.
AP 022-100-024 & 025
ASSESSOR'S PARCEL NOs.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and thespecial conditions
set forth below: Doug and Kari Wheeler is hereby granted a Use Permit in accordance with the
application filed 2/17/98 to allow boarding and riding stables for 30 horses (not including the
applicant's existing horses) as depicted in the site plan accompanying the application on 43
acres parcel zoned "A40" Agricultural, 40 acre minimum located on the north side of Rio
Bonita Road and west side of Smith Avenue, approximately 1000 feet west of State Highway
99. -
Failure to comply with the conditions specified herein as the basis for approval of application
and issuance of permit, constitutes cause for the revocation of said permit in accordance with
,the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code
Sec. 24-62.
2. Unless otherwise provided for in a special condition to this use permit, all conditions must
be completed by the Permittee within 24 months of the delivery of the countersigned permit
to the Permittee.
3. 'If any use for which a use permit has been granted is not established within two years of the
date of receipt of the countersigned permit by the Permittee, the permit shall become null and
void and reapplication, and a new permit shall be required to establish the use.
4. The terms and conditions of this permit shall run with the land and shall be binding upon and
be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee.
Minor changes may be approved administratively by the Director of Development Services,
the Director of Public Works, or the Director of Environmental Health, or designee, upon
receipt of a substantiated written request by the applicant. Prior to such approval,
verification shall be made by each Department or Division that the modification is consistent
with the application, fees paid, and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
Conditions of Approval:
1. The applicant may increase the number of horses to be boarded on the property to a total of
30 horses by submitting existing and proposed site plans to the Planning Division for
administrative review. Upon field verification and finding that the increase in the number
of horses on the property would not result in. an adverse impact on the property or
surrounding properties, the planning staff may authorized the additional horses.
2. Meet the requirements of the Butte County Public Works and Environmental Health
Departments.'
3. The applicant shall provide an all weather access designed to. accommodate a 40,000 pound
fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The
applicant shall comply with the Public Resources Code 4290 regarding addressing.
4. Provide adequate off-street parking area/spaces (a minimum of six (6) spaces) and sufficient
turn -around area for trucks and horse trailers on-site. A minimum 2" Class II aggregate base
surface shall be provide for parking areas.'
5. The applicant shall comply with all environmental mitigations and other applicable state and
local ordinances, statutes and regulations.
6. Provide drainage studies as required by Reclamation District No. 833 . and install
improvements if necessary to ensure that there are no increases in peak drainage flows into
the existing drainage facility. (MM)
7. Limit the number of horses to be kept on the project site as part of the Use Permit request to
30 horses. (NM
8. The collection, storage and disposal of manure shall be performed weekly. The site shall be
maintained in a clean and sanitary manner. The applicant shall comply with all regulations
of the Butte County Environmental Health Department regarding sanitation requirements.
(MM)
9. The operation of horse shows, competitive events, training and other such group activities
shall -be limited to no more than 35 participants/attendees. These types of activities shall be
conducted no earlier than 8:00 a.m. or later than 9:00 p.m. Voice amplification systems shall
be limited to the arena area and shall not exceed 65 dB at all adjoining property lines. Any
initial construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. (MM)
10. All new exterior lighting associated with the horse stables and boarding shall be shielded and
directed downwards so that it does not spill off-site onto adjacent properties. (MM)
I hereby declare under penalty of perjury that I have read the foregoing conditions, they are
in fact the conditions which were imposed upon the granting of this use permit, and that I agree to
abide fully by said conditions.
Dated: 9—mv-
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.
6f5utte County Board of Supervisors Chairman
CC: Land Development Division AUG.?: -.,5'1998
Building Division
Health Department
Department of Forestry
.. a
: Vicinity Map
Vanca Ave
i
Project Location
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BUTTE COUNTY PLANNING COMENUSSION
Applicant: Doug & Kari Wheeler Owner: Same
Hearing Date: April 22, 1999 @ 9:00 a.m. Existing Zone: A-40 (Agricultural, 40 acre min.) N
Request: Use Permit to allow a feed store. No Scale
Assessor Parcel No: 022-100-024 & 025 File: 99-17
�hee1e �, i an�h
�ee�l
S4ore
lust "PcY,f�
PHONES:
ff �� ���� CITY HALL p�Ql>E) 868-5493
CITY SHOP ) 868-642828
• (530)
"n l ere Ike people own fhevEigk ts and (Water"
R 9_ Box 307
Eiggs, California 95917
L-]
April 12, 1999
Planning Commission
County of Butte
7 County Center Drive
Oroville, CA 95965
Dear Planning Commission:
It has come to the attention of the City of Biggs that the Wheeler's wish to open a feed store on
their property located on the corner of Smith Avenue and W. Rio Bonito Road just outside the
City of Biggs. This letter is sent on behalf of the Biggs City Council to express our support for
the proposed feed store business use permit.
The City's support for this project is based upon the relationship between feed stores and
agricultural uses. These uses are mutually compatible and typical agricultural uses often support
and rely upon commercial businesses such as feed stores. Additionally, during the last four years
three feed stores in the Gridley area have closed which has caused south county business to be
conducted in Sutter County.
This project was referred to the City of Biggs for comments when originally proposed and our
Planning Commission determined the feed store use would be appropriate within the planning
context of our City.
We appreciate the Planning Commission's consideration of allowing a use permit which would
support appropriate business development adjacent to the City of Biggs and within Butte County.
Please forward our comments to the appropriate parties for consideration at the April 22, 1999
public hearing scheduled to address this issue,
cc: Doug & Kari Wheeler
Sincerely,
* dd
Kenneth McDonald
City Administrator/City Clerk
0
April 12, 1999
Dear Sirs,
It is my understanding that the property owners, the Wheelers, wish to put a riding arena, stable, and small feed
store on the property. As the Biggs 4-H Co -community leader, and the Biggs 4-H swine leader, I think this would
be a fantastic idea. 1, along with many other 4-H parents, would welcome an establishment where we could go and
buy our livestock needs locally with open arms. Our small town does not offer much, as far as shopping for feed
goes. To be able to travel three minutes to purchase things for 4-H projects, chicken feed, that last minute bale of
hay, wormer for the horses, or pig feed would be great. We are a small community, and I would much rather see a
feed store at that location than a rock quarry, work camp, equipment parking lot, or half the other things that the
current zoning would allow.
Please take into consideration thesupport of the community, the need and desire for a feed store, and who will
be "minding -the-store" when you make your final decision.
Sincerely,
Helene Bixler
0
Tony Reis
648 Cowee Ave
Gridley, CA. 95948
February 22, 1999
To Whom It May Concern:
I am writing this letter in support of Carrie Wheeler's proposal of a new feed store in Biggs. I
am an Ag advisor for Biggs high School, and we find it very inconvenient to travel to Yuba
City or Oroville for our livestock supplies A feed store in Biggs would be a tremendous asset.
Sincerely,
Ton Re
•
•
April 12, 1999
Butte County Planning Commission:
I am in favor a a feed store locating at Rio Bonito and Smith Ave. in Biggs. I would like to be able to purchase
my regular supplies 3 miles from my home instead of the 20 mile round trip as I do now.
There are several horse owners and 4-H children with their Fair animals awaiting the opening of this feed store.
I would like to see you approve this feed store for it is so needed to make life for this small community a little bit
easier.
Sincerely,
Vickie S ee le�
0
STATE .FARM
INSURANCE
O
March 3, 1999
Dear County Supervisors:
I am writing on behalf of Kari Wheeler and the proposed feed store and riding arena that
she has requested to build on her property on Smith Avenue in Biggs.
I live at 3514 Smith Ave., and have been Kari's neighbor for over two years. I am very
excited about the Wheeler's proposal. One of the reasons I moved to Biggs was for the
opportunity for my children to share in the valuable experiences you can only find in a
rural community. My daughter is a budding equestrian, and we were delighted to hear
that we might have a riding arena nearby—especially one owned and operated' by the
Wheelers.
I've known the Wheelers not only as neighbors, but also as highly.active community
leaders and personal friends. I believe that they have extensive knowledge about horses,
agriculture and business, and I feel confident that if given the chance, this enterprise
would be a great success. This would not only be good for the Wheelers, but for the
entire Gridley/Biggs community.
In conclusion, I recommend and would appreciate the council giving the Wheeler's
proposal serious consideration.
Sincerely,
Imelda Peck
Cc -
40
c
•
•
0,
a ? .
Feed Store in Biggs
Would you like to see a feed store in Biggs? There is a
possibility of a small unobtrusive feed and tack store
V -
opening for business on the comer of Smith Ave. and NVe"st
Rio Bonito. The feed store will accompany a riding arena
and horse stable.
aNu
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Feed Store in Biggs
Would you like to see a feed store in Biggs? There is
possibility of a small unobtrusive feed and tack stor2N
opening for business on the comer of Smith Ave. and;. 'Vest
Rio Bonito. The feed store will accompany a riding arenaand horse stable.
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Page 2-6
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March 18, 1999
Kari Wheeler
3415 -Smith -Ave
Biggs CA 95917
Kari,
This letter is in response to our telephone conversation earlier today regarding the barn
that was once located at 108 West Rio Bonito Road, Biggs. My family owned and lived
on the property from 1952 until 1991 and I remember the barn well. I have enclosed
family snapshots showing the barn, it's location, and size. It is my recollection the barn
• and house were both built around 1910. The barn was destroyed in a fire in 1989. The
barn was originally designed to hold 100 tons of loose hay. My very rough guess of the
dimensions are that it was 80'X100'.
If you have any other questions, please call me at 872-7252 or at work 877-0857. Please
return the photos to the address listed below when you are finished with them.
Sincerely,
Hugh Mattingly
1856 Norwood Dr
Paradise CA 95969
I
BUTTE COUNTY PLANNING COMMISSION
7 County Center Drive
Oroville, CA 95966
RE: ATTACHED NOTICE OF PUBLIC HEARING
Dear Butte County Planning Commission:
I am in full support and favor of Doug and Kari Wheeler receiving approval for their requested
Use Permit to operate a feed store that is to be located on the northwest corner of West Rio
Bonito Road and Smith Avenue, at 3415 Smith Avenue, Biggs.
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Project: UP 98-20
Significant Less
Potentially, Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
11. Butte County General Plan designation: Orchard and Field Crops
12. Existing Zoning: A-40 Agricultural, 40 acre minimum parcel size
13. Existing Land Use on-site:. Home site, caretakers unit, accessory structures, horse
pasture
14. Surrounding Area:
a. Land Uses: Agricultural - orchard crops/residential use
b. Zoning: A-40.
c. Gen. Plan Designation: Orchard and Field Crops
d. Parcel Sizes: Large
15. Character of Site and Area: Valley grasslands developed with agricultural and
residential use
16. Nearest Urban Area: City of Biggs
17. Relevant Spheres of Influence: Just outside the northern boundary of the City of Biggs
Sphere of Influence
18. Improvement Standards Urban Area: N/A
19. Fire Protection Service:
a. Nearest County (State) Fire Station: Unknown
b. Water Availability: Fire tankers only onsite wells.
20. Schools: Biggs Unified School District, Butte Community College District
ENVIRONMENTAL REFERENCE MATERIAL
Butte County Planning Department. Master Environmental Assessment. Oroville,'CA: J. Lawrence
Mintier & Associates, et al. May 1996.
Butte County Planning Department. Butte County General Plan. Oroville, CA. Land Use Element
(1979), Circulation Element (May 1984), Open Space Element (December 1976), Conservation
Element (1971), Seismic Safety Element (1977), Noise Element (1977).
Butte County Planning Department. Butte County Zoning Ordinance.. Oroville, CA. (Revised by Ord.
3176)
■ Butte County Department of Development Services ■ Planning Division ■
W
Mar -19-99 09:56A BUTTE COUNTY ADMIN
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530 53B 7120
r
ORDINANCE NO. 3495
AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE
COUNTY CODE.
The Board of Supervisors of the County of Butte, State of California,
under and pursuant to Section 24-25.40 of the Butte County Code of said County,
ORDAINS, as follows:
SECTION 1. Section 24-90 of the Butte County Code is hereby
amended to read as follows:
§24-90 C. 3. Kennels, feed stores, public or riding stables, and
academies, 2 ( 4J111
SECTION 2. Sectio 4-100 f the Butte County Code is hereby
added to read as follows:
§24-305.148. A retailestablishment limited to the sale of hay; grain,
F
and other food supplies for farm and domestic animals. Animal maintenance
products including medicines, vaccines and grooming supplies may also be sold
provided that the sale of these products is ancillary to the sale of feed products.
Outdoor storage of products other than feed or grain shall be prohibited
P_02
SECTION 3. This Ordinance shall be and it is hereby declared to be .
in full force and effect from and after thirty (30) days after the date of its passage,
and before the expiration of fifteen (15) days after its passage, this. Ordinance shall
be published once with the names of the members of the Board of Supervisors
voting for and against it in the Chico Enterprise Record, Paradise Post, Oroville
Mercury, and Gridley Herald newspapers published in the County of Butte, State
of California.
I.
Mar -19-99 09:56A.BUTTE COUNTY ADMIN
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530 538 7120 P.03
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of Califomia, on the 9th day of March, 1999, by the following vote:
AYES: Supervisors Beeler, Josiassen, and Davis
NOES: Supervisor Houx and Chair Dolan
ABSENT: None
NOT VOTING: None
DOLAN, CHAIR
County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
1
NEGATIVE DECLARATION DISTRIBUTION LIST
REVIEW PERIOD: 20 days minimum
APPLICATION: KEYBOARDQ`
DATE: DATE'
Total Copies /
�jrlV� &�zoc5Project Representative
Name
County Offices and Cities:
Community Association _
Chief Administrative Officer
Environmental Health
Public Works Director
Sheriff
_
LAFCo
City of Biggs
ALUC
City of Oroville
Irrigation
District:
. City of Chico
Butte Water
_
OWID
_
Table Mountain Irrigation
Domestic
Water
Richvale Irrigation
Butte Water District
_
OWID
Sewer
_ Butte Water District
Skansen Subdivision (CSA 21)
Fire Protection
Butte County Fire Protection (CDF)
Recreation Districts
_ Chico Area Recreation _
Paradise Recreation & Park
Utilities
Themalito Irrigation
L.O.A. PUD
EI Medio Fire Protection District
Durham Area Recreation
Richvale Recreation & Parks
_ PG&E North - Chico _ Chambers Cable TV _
PG&E South - Oroville Viacom Cable TV
Federal Agencies
_ US Forest Service _ US Bureau of Land Management
Army Corps of Engineers
Other Districts, Agencies, Committees, local representatives of State agencies etc.
Sterling City Sewer Main
Feather River Rec. & Park
Pacific Bell
US Fish & Wildlife Service
Lime Saddle Dist _
Community Association _
Develop. Services Director r
Public Works Director
_
Building Manager
BCAG _
ALUC
_
APCD _
Butte Co. Farm Bureau
_
City of Gridley
. City of Chico
_
Town of Paradise
Chico Airport Commission
Board (Ron Dykstra)
Agricultural Commission
Biggs/W. Gridley Water _
Durham Irrigation
_
Paradise Irrigation _
Richvale Irrigation
_
Thermalito Irrigation _
Other
California Water Service Co. _
Del Oro Water Co.
_
Thermalito Irrigation District _
Other
_ Butte Water District
Skansen Subdivision (CSA 21)
Fire Protection
Butte County Fire Protection (CDF)
Recreation Districts
_ Chico Area Recreation _
Paradise Recreation & Park
Utilities
Themalito Irrigation
L.O.A. PUD
EI Medio Fire Protection District
Durham Area Recreation
Richvale Recreation & Parks
_ PG&E North - Chico _ Chambers Cable TV _
PG&E South - Oroville Viacom Cable TV
Federal Agencies
_ US Forest Service _ US Bureau of Land Management
Army Corps of Engineers
Other Districts, Agencies, Committees, local representatives of State agencies etc.
Sterling City Sewer Main
Feather River Rec. & Park
Pacific Bell
US Fish & Wildlife Service
Lime Saddle Dist _
Community Association _
Mosq. Abatement. OrovilleButte Co
Drainage . =
Reclamation
Council —
Butte Native
Cal Native Plant Society
Paradise Pines Com. Assoc.
School Districts
Butte Co. Mining Committee _
Forest Ranch Community Assoc. _
Butte Ck. Watershed Conservancy
Dept. of Fish and Game (Henry Lomelli)
_
Central Valley Regional Water Quality Control
Board (Ron Dykstra)
State Agencies (Note: Review by State agencies requires submitting
11 copies of the Negative Declaration/initial Study to the State Clearinghouse, 1400
Tenth Street Sacremento CA 95814. The review period
must be extended to 30 days.)
CalTrans (Traffic) _
Dept. of Water Resources _
Dept. of Fish and Game (Rancho Cordova)
_
Forestry (Attn: Craig Carter) _
Dept of Parks and Rec. _
Highway Patrol
Central Reg. Water Quality Cont. _
Caltrans, Aeronautics Program
_
Department of Conservation
Off. of Mine Reclamation _
Off. of Governmental & Env. Relations
Dept.Social Services, Comm.Care Licensing
Individuals who have requested copies of Negative Declaration (use additional pages if necessary):
Name Address
Name Address
Name Address
BUTTE COUNTY Planning Division
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION i �.ij 3 1999
TO: California Department of Forestry 0=1119,Callomia
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 19, 1999 CONTACT PERSON: Daniel Breedon
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 feed store on property zoned A-40(Agricultura140 acres) located on the corner
of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs, identified as APN 022-100-024 & 025. Supervisorial District
No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON April 22 , 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THANrp it 5,1999. 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:JA&d4A)Date
3 - 2- 7-f f
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
BUTTE COUNTY
STANDARD CONDITIONS FOR
USE PERMIT
APPLICANT: Doug and Kari Wheeler DATE: March 15, 1999
AGENT: APN: 022-100-024 & 025
FILE #: UP 99-17 PLANNER:
PROJECT DESCRIPTION: Use Permit for a feed store
Those items -checked are conditions of approval. .
PLEASE CONTACT THE BUTTE COUNTY FIRF_. 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.
K2. 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.
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.
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 $
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.
`lam 8. 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.
Environmental
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES MAR 15 1999
PLANNING DIVISION 7 County Center Drive
TO: Environmental Health Oroville, Ca
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 15, 1999 CONTACT PERSON: ,00'r_
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 feed store on property zoned A-40(Agricultural-40 acres) located on -tu
corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs, identified as APN 022-100-024 & 025.
Supervisorial District No. A.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON July 22, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 29, 1999. 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):
QmaUrt,
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7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-77855Iann1i1g Div($f(m
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BUTTE COUNTY MAR 17 1999
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION Y rAINO I&
TO: Public Works
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 15, 1999 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 feed store on property zoned A-40(Agricultural-40 acres) located on _1k
corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs, identified as APN 022-100-024 & 025.
Supervisorial District No. A.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON July 22, 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 29, 1999. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
1-2,i,.1t! 6v.1114 0-4.
By: Date:' -rte: 7 �i
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7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538'7785
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BUTTE COUNTY
STANDARD CONDITIONS FOR
USE PERMIT
APPLICANT: Doug and Kari Wheeler DATE: March 15, 1999
AGENT: APN: 022-100-024 & 025
FILE #: UP 99-17 PLANNER:
PROJECT DESCRIPTION: Use Permit for a feed store
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING
CHECKED CONDITIONS
A. STREETS
1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway
approaches and construct them to County standards, as specified in County Improvement Standards.
2. Prior to the issuance of building permits deed to Butte County, in fee simple, 90 feet of right-of-way
from the centerline of Shuop_4rj'iw_, /a,,,v w. 1.04 tgo.✓ rd Z&,a . The right of way shall be
sufficient for the installation of standard No. S-5 at all street intersections.
3. Prior to the issuance of building permits submit road and drainage improvement plans for the
installation and construction of the street frontage improvements on
to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required
street section for parcels with gross acreage of one acre or less. Construct or install the required
improvements.
—4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters
rights to Butte County, along the frontage of parcels , except at approved
access points.
B. DRAINAGE
Prior to the recordation of the issuance of building permits a plan for a permanent solution for
drainage shall be submitted to and approved by the Department of Public Works. The drainage plans
shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or
publicly maintained drainage channel or facility and shall provide that there shall be no increase in
the peak flow runoff to said channel or facility.
2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations (by
contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site.
C. LEGAL LOT STATUS
Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that
the parcel of the subject application is a legal parcel.
PROOF OF
PUBLICATION
e Matter of
iblic hearing
feeler - UP 99-17
sof California)
my of Butte & Sutter) ss
a undersigned resident of the County of Butte,
e of California, says:
iat 1 am, and at all time herein mentioned was
izen of the United States and not a party to nor
-ested in the above entitled matter; that I am
principal clerk of the printer and publisher of:
The Gridley Herald
-hat said newspaper is one of general
ulation as defined by Section 6000
ernment Code of the State of California, Case
27,207 by the Superior Court of the State of
fornia, in and for the County of Butte & Sutter;
said newspaper at all times herein mentioned
printed and published twice a week (on
Jnesdays and Fridays in the City of Gridley
County of Butte; that the notice of which the
exed is a true printed copy, was published in
newspaper on the following days:
trch 26, 1999
rtify (or declare), under penalty of perjury, that
foregoing is true and correct, at Gridley,
fornia.
ed March 30, 1999
iridley, California
(Signature)
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"Must comer of l'u- Aio Bonit
3415 Smlth Avenue,.&
The above 99s. (UP go.
for public viewingboned application, Initial study,
Depar�ent, Plan hat the ofrice of the Butte I
inforination call:. Division 7 County Center
Comments "760 t (Monde
the meetin may be submitted may Y - through Fri
9 listed above or ears ting at any time
the above applications In court Y continued p
or someone else raised at the
ierrenspondence delivered to ihW pl�annma limited
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COMMISSION
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OR DIVELOPIMENT
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Notice is hereby given by the Butte County Planning Commission that a public hearing on,
Thursday, April 22, 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. - Doug and Kari Wheeler - The applicant requests approval of a Use Permit
pursuant to Section 24-90 C. 3. of the Butte County Code to operate a feed store
within an existing 24 x 36 shop, on property zoned A-40 (Agricultural - 40 acre
parcels) located on the northwest corner of West Rio Bonito Road and Smith
Avenue, at 3415 Smith Avenue, Biggs. (UP 99-17) (DB) .
The above mentioned application, Initial Study, and map are on file and available for public viewing
at the office of the Butte County Development Services Department, Planning Division, 7 County
Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday,
8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or
orally at the meeting listed above or as may be continued to a later date. If you challenge the above
applications in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice or in written correspondence delivered to the Planning
Commission, at or prior to, the public hearing.
BUTTE COUNTY PLANNING COMMISSION
THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES
To be published in the Gridley Herald on Friday, March 26, 1999.
0
LEAD IN SHEET
UILE NO:1'•• A'•022-100-024 & 0
OWNER:
REPRESENTATIVE:
REQUEST: _ Use Permit for a feed store
SIZE: 3+/ -
LOCATION: on the corner of Rio Bonito and Smith Avenue, at 3415 Smith Ave., Biggs
SUPERVISORAL DISTRICT # A- EXISTING ZONING: A-40(A,gricultural-40 acres)
ZONING HISTORY: 6 -17 -
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION: Orchard and Field Crops
APPLICABLE REGULATIONS: ITP 98-20
Rec'd 03-12-99
COMMENT DISTRIBUTION LIST
APPLICATION: Doug and Kari Wheeler
DATE: March 15, 1999
County Offices and Cities:
/
Chief Administrative Officer
Building Manager
_ Environmental Health
X
Sheriff
Butte Co. Farm Bureau
LAFCo
=
Biggs
Chico Airport Commission
— Oroville
tX
_X_
Irrigation District:
Forestry (Attn: Craig Carter)_
_ Butte Water
_
_ OWID
_
Table Mountain Irrigation
_ Department of Conservation _
Domestic Water
Off. of Governmental & Env. Relations
_ Butte Water District
_
OWID
Federal Agencies
Sewer
_ Butte Water District _
Skansen Subdivision (CSA 21)
Fire Protection
L' / California Department of Forestry
Recreation Districts
_ Chico Area Recreation _
Paradise Recreation & Park
Utilities
104
Develop. Services Director _
Public Works Director
Assessor _
Building Manager
BCAG _
ALUC
APCD _
Butte Co. Farm Bureau
Gridley
Chico
Paradise
Chico Airport Commission
Animal Control ✓X_
Agricultural Commission
Biggs/W. Gridley Water
Paradise Irrigation
Thermalito Irrigation
California Water Service Co. _
Thermalito Irrigation District
Themalito Irrigation
L.O.A. PUD
El Medio Fire Protection District
Durham Area Recreation
Richvale Recreation & Parks
Durham Irrigation
Richvale Irrigation
Other
Del Oro Water Co.
Other
Sterling City Sewer Main
Feather River Rec. & Park
_ PG&E North - Chico _
Chambers Cable TV _
Pacific Bell
PG&E South - Oroville
Viacom Cable TV
tat 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.
�2
_ Reclamation ✓ _
Cal Native Plant Society _
_ Butte Co. Mimng Committee _
Forest Ranch Community Assoc.
Butte Ck. Watershed Conservancy_
School Districts
10,
0 .. 0
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Doug and Kari Wheeler, UP 99-17
DATE: March 19, 1999 CONTACT PERSON: Daniel Breedon
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 fori Jse Permit for a feed store on property zoned A-40(Aericultural-40 acres) located on the corner
of Ilio Bonito and Smith Avenue, at 3415 Smith Ave., Bigg, identified as APN 022-100-024 & 025. Supervisorial District
No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON April22 , 1999.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN April 5, 1999. If no comments or communications
are received by th6 above date, the assumption will be made that your agency has no comment.
COMMENTS (Attach additional pages if necessary):
LIM
Date:
7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785
•
n
u
APPLICANT: applicant DATE: March 15,1999
AGENT: APN: 022-100-024 & 025
FILE #: UP 99-17 PLANNER:
PROJECT DESCRIPTION: Use Permit for a feed store
Those items checked are conditions of approval.
PLEASE CONTACT THE RIJILDING 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.
Prior to building permit issuance for a new commercial or industrial development, or addition to an
existing development, the applicant shall pay all applicable development fees at the rate in effect at
the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee,
Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection
Fees.
I. EXISTING STRUCTURES -
1. Comply. with the Uniform Building Code for property line clearances considering use, area and fire -
resistiveness of existing buildings:
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.
APPLICANT: Doug and Kari Wheeler
AGENT:
•
DATE: March 15,1999
APN: 022-100-024 & 025
FILE #: UP 99-17 PLANNER:
PROJECT DESCRIPTION: Use Permit for a feed store
Those items checked are conditions of approval.
PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE
FOLLOWING CHECKED CONDITIONS
J. SITE DEVELOPMENT
1. The project site shall be developed in accordance with the approved project site plan and the
conditions contained herein. Said site plan is on file in the Planning Division, is identified as
"Exhibit B" and dated 19_ and is incorporated herein by this reference.
Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval
shall be submitted to the Planning Division to verify compliance with said conditions of approval.
Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing
gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning
Division prior to construction.
4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this
permit, conditions of approval contained herein shall be completed to the satisfaction
of the Planning Division.
—5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical
boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall
be to the satisfaction of the Planning Division and in compliance with the Building Division.
K. LANDSCAPING
A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and
approved by the Planning Division prior to the issuance of building permits.
2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular
access, shall be provided to and approved by the Planning Division prior to the issuance of building
permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of
mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches
in diameter, 4 feet from ground level.
Mature trees removed shall be replaced by planting replacement trees of equal number and not less
than _ gallon size.
3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash,
and debris, during the term of this permit.
All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted,
mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system
shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted
to guarantee installation and established growth.
5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall
be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved
area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree
species shall be approved by the Planning Division prior to planting.
6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak
trees which are to be retained as part of the project, shall be fully protected through the use of root
protection zones (RPZ). During construction, RPZs shall be established using protective fencing
enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this
protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed.
The RPZs shall be maintained after the completion of construction in order to continue to protect the
oak trees, but the fencing shall be removed.
L. GRADING
_ 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall
be notified immediately, and all work shall cease until a qualified archaeologist has examined the
artifacts and the site and submitted his or her findings to the Planning Division, and recommended
clearance to continue. Recommencement of construction shall be upon the approval of the Planning
Division. Archaeological artifacts are defined as follows:
2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain
and/or streambed the following entitlements must be obtained: a California Fish and Game 1604
Streambed Alteration permit and an Army Corps 404 permit or exemption certificate.
M. ADDITIONAL APPROVALS
1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact
Fees shall be made.
2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall
execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee.
3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or
other agricultural use of the property, the property owner shall enter into the County approved
Orchard Management Agreement. The agreement shall terminate
in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The
agreement shall be recorded and recording fees paid by the applicant.
4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and
all other applicable State and. County laws and regulations in effect at the time of building permit
application.
5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it
shall expire (unless the approving authority has held a hearing thereon and granted an extension. In
connection with such an extension the approving authority may add, change, or delete conditions.
6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been
granted is not established within two calendar year from the date of approval. No formal cancellation
or revocation action by the County will be necessary.
7. The developer shall display a current County Zoning and County Land Use Map in the sales office
at all times, and/or suitable alternatives.
8. Approval of this application does not become effective unless, prior to 4:0.0 p.m. on
_, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity
Agreement in a form satisfactory to the County Counsel.
9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home
Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article
II of the Butte County Code. The fee amount shall be determined and calculated as of the date of
application for building permit.
10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA
87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the
Use Permit.
_ 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's
Office to begin the process of a Transient Occupancy Registration Certificate. A Transient
Occupancy Registration Certificate shall be required within ten (10) days after commencing business
for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile
home park, recreational vehicle park, campground, or parking area (See Chapter 23A).
12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees.
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Assessors Map No. 22-10