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Home My WebLink AboutUP04-14w Butte County Department ofDevelopment Services Administration • AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: Cal Conley 5961 Indian Avenue San Jose, CA 95123 ,Q - - OA4,t_ File: UP 04-14: APN: 072-070-020, 021 Date: August 26, 2004 INVOICE UP 04-14 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There maybe additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, ycu will receive a FINAL INVOICE. The following payments have been applied to your application: Deposit Disbursement: Deposit Date: December 15, 2003 Environmental Health $ (185.00) Receipt: 391370, Check 46330 Land Development (150.00) Total Payment $1114:0: . CD.F/Fite Department (43.00) NOD/NOE filing: fee (36.0)) -DEVELOPMENT SERVICES - PLANNING DEPOSIT 700.0) TOTAL PAYMENT: (1,114.00 a TOTALP12ANNING'DEPOSITS:REGEIUE�D -700:0+?' The following charges have been applied to the processing of your application: Professional Planner $ 871.41 Admin/Clerical 56.85 ~-TOTAL CHARGES h ' -a,.,,4 ;r u3'928291 Amount due for current charges $ 228.29 An additional deposit is required to continue processing this application $ 700.00 TOTAL PLANNING FEES DUE $ 928.29 Butte C' ounty'gCode:3. 4 Hour.1;4!ees;'depos�ts ,bill gypro cedures County code cequlzesxw en the initlal4deposiit d "funds are depleted loan amggnt equalrto 25%^of�the onglnal'tleposl�t no processing of A, 14i occur until the appl,cant dep6sits,sufficle'ntrfunds�to3�estoi a balance equal to tfie amount of;the Initial depositor a te"sser amount as determined�bydthe D£ rector of Development Services III event3he applicant doe_s'not provide sufficient funds to continue processing ancapphcaUon the appli. twn wf1j, tlenied gT a "c 3 zt JI! ',✓�,","- Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. 'AMOUNTktDUEMORAYABLE� ;, � � � _ x g K ri- W n�$. � 928 2a 'SEPTEMBER�'7, 2004 K:\FISCAL ADMIN\BILLINGS 3 REFUNDS\SENT BILLINGS\Conley UP 04-14 082604.xls PROJECT SUMMARY SHEET FILE NO.: UP 04-14 PROJECT TYPE: Use Permit APN: 072-070-020,-021 APPLICANT: Cal and Denise Conley ADDRESS: 5961 Indian Avenue, San Jose, CA 95123 PHONE: (408) 363-1232 OWNER: LeRoy J. Berry and Cal Conley ADDRESS: 5961 Indian Avenue, San Jose, CA 95123 REPRESENTATIVE: , Brant Nightingale/Designs ADDRESS: 6457 Skyway, Paradise, CA PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non -conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area LOCATED: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville PROPERTY ZONED: A -R (Agricultural -Residential). GENERAL PLAN DESIGNATION:. LDR (Low Density Residential) . TOWN/AREA: Oroville 1. Application accepted: 12/15/2003 Amount: $ 1114. Receipt #: 391370 2. Assigned To: Mark Michelena 3. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, California Department of Forestry, Building Manager 4. Sent to Inter -Departmental Review Committee (IDR): 5. Date scheduled for IDR: 6. Comments received from: 7. Rezone Petition Signatures Checked: 8. Mailing List/Lead-in Sheet: i 9. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 10. Staff Report: Project Video: 11. Clearinghouse circulation required: Yes No Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. — CEQA # 15061. (bx3) Other Date Sent to SCH: 12. Publication Notice Written: Display Ad Prepared: 13. Notices Mailed: Number of Notices: 14. Newspaper Publication Date: 15. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No.: 16. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 17. Type Use Permit/Send for signature: 18 19. 20: 21. N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Copy of Use Permit to Planning Technician: _ O C P G E. No: Adopted: Fish & Game Fees Paid: Yes No DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 t9Ah :PC"YC(,j rS APPLICANT'S NAME: (If application is different from owner an affidavit is required.) iq� ASSESSOR'S PAR EL NUMBER: ADDRESS: STR T, CITY, STATE, LZ1P CODE �l Z FILE`MBOER: (FO OFFICE USE) / 44- J L. V NAME= 01= PROPOSED PROJECT (If any) - T Ab, �j �_ �24 LOCATION OF -PROJECT ( ajor cross streetsd dress 'f anybj, OIWv�� / �j GENERAL INFORMATION REQU D OWNER'S NAME: TELEPHONE: P P ADDRESS: d CITY, STATE, & ZIP CODE: -0 t�. t ZONES� GENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Acres) l EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTjJRES (in Square Feet) 3 (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ,�] PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER' PROPERTY 1S OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP VUSE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number anc size of parcels.) 0<sk�b@l1 L01(1f non 1'z4caw, 1mcw ILI "I OWNER CERTIFICATION .m I CERTIFtY THAT I A j ($T(BIEE LEGAL_Q39NER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHE ICING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND AC'CURAT'E. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.; DATE: 12l;� ` b SIGNATURE: K:\FORMS\UNIFORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: CC'~ ` ( �''1/��`- Phone Number (4 Print Name _ Mailing Address is hereby authorized to process the application for U, 'I Lo u hc#- oil Illy pro erty, identified as Butte County Assessor Parcel lumber: J oopo- oa ��3efr This authorizafion allows' representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. . Owner(s) of Record: (sign and print name) Pnn ame l� Signature nd/or Engineer: Print NMie of Archtfect/En weer S IGS Mailing Address FOR OFFICE USE ONLY Print Name rb Signature Phone Number31 I- �� e &3(j) Verify: . Date Received: 'Z Total Amount Received: .0 VAP Number(s) Owners Authorization ["Zoning Requirements 1KProject Description (;'Copies of plot plan Taken by: Q' C's Receipt No. _ '3 Q 1310 PW/LD-150.0a.. .Plan 1100.00 E.H. 005. 00 CDF NOD/NOE Fees w•00 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned.upoil final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". KaP01:\•IS',Ut\RPORM APPLICATION Page 2 of 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project. Applicant) Date Filed l2l i S o3 GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: C Oeh� e. '7 -� 1" n .0 2.. Address of project: Assessor's Parcel Number: 3. Name, address, and telephone number of person to be contacted concerning this project: 04-1 4. List and describe a y other•related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 61r rnn. i c 5. Existing general plan designation: �l 6. Existing zoning district: 1'1� , i� i 7. How is land currently used? UGA-,A' 8. Proposed use of site (Project for which this form is filed):. S_ v �- V Project Description: 9. . Site size: I T hGv"C 'S (4,{q^' 4 p r, (i --y +-A (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule 13. Associated projects 9�J�s I�C�ii t PFolre�`�'"1 14. Antic ited i crementaI or phased develop f J5InLh) 1/&P,A A � .� - DEC 13 aun� cru -. 0 Butte County Department of Development Services 0 Planningivision ❑ pi_AF:PI'_lp►vises= ILJ c � 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 footace of sales area and loading facilities. 17. If industrial, indicate type, estipd employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift; estimated occupancy, loading facilities, and comm nYtyPenefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why he applicatio s required. If permits hav already been V' issued, please attach as Exhibit -Qncl/f� \ cue � �)Sv i Wmtct Are the following items applicable to the projector its effects? checked yes (attach additional sheets as necessary). YES Discuss below all items NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential \ /` areas or public lands or roads. xJ 22. Ch,aa,nge iQ pa ern or hara ter of general area of p oject. 7�) we P 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 7V 25. Change in bay, lake, river, stream or ground water quality \ „ or quantity, or alteration of existing drainage patterns. X1 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: J 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. VDoo k -s, 2V tS O�C-,s 4- ,(\"- 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts)* -L ViA., 6U llc� 6V SC, st ry 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.0 W Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification hereby certify that the statements furnished above and in the attached exhibits present the data End information required for this initial evaluation to the best of my ability, and that the facts, statements,. End information presented are true and correct to the best of my knowledge and belief. P Date Signature of v�j, In G��. f�✓ce, , ko s Y � L0 (,q,5 0 QV StbY(�,� t rS V, iir\\,CJ J Or-) &&V CA�,�� of of ©�>/ �� ° ,C �Ca - VJ 1'r, i mj flP L(n1% �6V3��Q n s nw G 1 P �OPOd "-tr Ct,� a�� . D IJwY- IJ v i Ji 7—S V�..��., •• V q'L� .e _ �C ; V\J,(,W 1C(IR, A-10 CXn" K:\PlanninglFORMS\Submittal\ENV-INFO.FRM ! r� K,A, V �� OU ❑ Butte County Department of Development Services ❑ Planning Division ❑ W COLFTiMl 43-F SM - =M F T ,w ' —ara r' �;�.. z%`: t �f� � G-�S�> 0 t�€l.,�c'l E tae��;D � R�.��r'•�si aE�`ag RE�•r.Ms-" L• O Mf LLE, CA DATE CASH COBE�gU RE-CEIVE0.- FROM FLAMMsk'`E BAA ig 32-3 FUM FURD DEP—i ACCT [.'�ESZCRIPTIOM s€TLE CODE CODE CODE DEPOSIT DATE: 12-16 RECEOPTS: 2-9"43G9-391371 P—LANC'UuM-03 ADPL FEES (BEHL WHO AAEMI 42w3w, de tect Number Ant o nt cFL Fee �i7a-07OL02Q,024 C Conley UP 04-4 � $700 *0e-o-w-3ae "fat &'�_scc UP r -A-02 LAND DEVIERLOPMENT GEHL X010 440.4 4611700 010,51 pmitect Number mount of Fee fr'372-070-G20,024 C Conley : P ;x-14 � X450 pmjeci l' um ber Amount, of Fee 4072-€70-62Q,G21 C Gonlery UP 04-114 �SB� FORE PL IMS ArRFIL FEE FIRE PROTECT 0M. Project Number Amount of Fee X72-070-02,029 G Conley UP 04-44 3 _. MODMOE C& Eli S F€LRNG FE GEWL 90 470MI 461MIN 9 1011 ( 6) !� r. 4uambber Amount of Fee _ *:272-070-020,029 r Conley UP 04.94 � $36 43 3a.W TOTAL "81c. 70 APPROVED BV: 'RECEMED BY: SEA URER pav-,�! Tuesday, December 16, 2003 Development Services PLANNING DIVISION ver. 1.0 Counter DDS Planning $700.00 Person (General Fund) Payment Date 12/15/2003 Public Works $150.00 Receipt Number 391370 Environmental Health $185.00 Received From Denise Conley CDF (Fire Department) $43.00 NOD / NOE $36.00 Applicant Cal Conley (Recording Fee) Aunt Minnie $0.00 Application Number UP 04-14 $1, 500 or $2,000 or In Reference To - - Planning Review / EIR $0.00 Parcel Number 072-070-020 & 021 Fish/Game $0.00 Check Number/ Cash 5330 — - ALUC $0.00 �TotaliRecerved,< �,.., $1 1;14 00 Non Sufficient $0.00 Notal Fees :r, x Funds ($25.00 Fee) $1,114 00. �. - -$0.00 - -- "— u Cell Tower Public Sales/Copies $0.00 Other: $0.00 • I COUNTY OF BUTTE 391370 OFFICIAL RECEIPT OFFICE OR DEVART ENT ISSUING RECEIPT 20 Received from I;-\ t � e. C C. i, ..�; t t t � Ile Sum of �'`�� '�� . ��. � �- , ,� �, ��.��, f: � �. � � � Via- vhf '• ' «�� °��.. �'�.�'� •.��a . Received: I't! ti Received By CASH Title CHECK :. By DAVCO BUSINESS FORMS • (530)743-8511 Form 75702 I A-PpReivED. EBY: RECENED BY: TREA'SURER vwhdtS=tM-a swar em. aqv--depr-�Skar gr -4&- n. 'Ud=f He 7 ALUN90,'\'S CER7FECA"1,7E �14?40 TRE430R,'IER'S RECE"'F—ii DR0VULLE, CA, NO REGENEED.- FROFA L A. F-,fIM MG BAG #M2 DATE FUND FUND DEPT ACCT CA &H 0,ESCR PM10.h! 1ITLE CODE C 0 D. E- CODE CODE A m o u for DEPOSIT MATE: 12-16 RECEIPTS: W`4369-291371 PLANNING APPL FEES GEML M 0 44EM 1 42* 1 C M 11010109'. 7 0 Project k1uh-riber Arnowt ire Fee 41[172-07M20,02.11 C Conley UP 04-14 $700 Ta� & Assoc UP M-02 $6613.70 LAND DEVELOMMENT GENOL 0wo 443MA 4611700 10100-1 M20 Proje—at Number Ampount of Fee #372-07M20.02i C Caney UP Q4-14 E N11-VIRO.MPMEW FAL el_ "IN GEML M40 54MM 4814 18al01 is,_&fm Pro-jed. Plumber Amount ase Fee #072-M-02O.M.1 C Conley UP 04-M $185 FORE PLNG ADPL FEE FIRE PROTECT 01 M 4617,11-40 43. QM F-mied Number Arg-eount of Fee #072017MM021 C UP 04-14 NOWWOE CLERK s FMMG FE GENL V310 47OW-1 AMb I Z31 19 1,901001 Fmjed Number A m aunt 6f Fee #372-070-020,021 C Conley UP 04-M A-PpReivED. EBY: RECENED BY: TREA'SURER vwhdtS=tM-a swar em. aqv--depr-�Skar gr -4&- n. 'Ud=f He 7 USE PERMIT DEC APPLICATION PACKET CHECKLIST - Ell This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal: Applicant Planner A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accept --d unless signed by the owner or authorized agent. ?. Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. 0 Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" x 36". The finished plF-ns shall be folded to 8 %" x 11". The detailed site plan must include: a. LJ Name and address of Applicant, Engineer and/or person. who prepared the plan b. Property lines and lot dimensions c. IJ Assessor Parcel Number(s) and the street address. L� d. 0 Nr Proposed use and/or uses of the property. ` DEC 1 5 2003 e. Proposed landscaping plan, if applicable. SUTTE COUN" n itok DwISION 1. Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). L� Distances from any significant natural and constructed features, of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm dra=ns, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 t7 h . ❑ Location of al I slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration -or preservation, such as oak trees. I. Lid ❑ Any existing faults or fractures and geologic hazards. j. ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the tQP of sheet. k. ❑ All plans must be clear and legible. 4. 0 One copy of 8 ''/2" x I 1 " transparency reduction of the detailed site plan. 5. ❑ A vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the following checked items will be required to be submitted at the time of application: (optional) 6. ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of flis requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ No 7. ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 8. ❑ ❑ Building materials on a sample board, 8 ''/z" X 11 ". 9. ❑ ❑ Detailed site plan including the following: a. ❑ '10 Building setbacks from the ultimate road right-of-way (front, rear, sides). b. ❑ ❑ Proposed and existing on-site driveways and/or roads. c. ❑ ❑ Location, height, and materials of walls and fences (sections may be required). d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures (e.g. - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Elevations and finished contours. . h. ❑ ❑ Location of retaining walls, drainage channels and existing structures. I. ❑ . ❑ Location, elevation and size of proposed. building pads 1 ? . ❑ ❑ Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information maybe required in order to. clarify, amplify, corrector otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessar} by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Date Applicant/Representative Signature: Date: /5 03 Planner Receiving Application KAPhnnin_ FORMS\SuhminaRCHECKLISWSEPERMLFRM IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION W I LL BE DEEMED INCOMPLETE 4 c ' e. ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 _ feet of the site, on adjacent and across the street properties. F. ❑ ❑ Typical street section(s). g. ❑ ❑ Nearest cross streets on both sides with plus or minus distances from subject site. h. ❑ ❑ Approximate location of all buildings within 100 feet, on adjacent properties. 1. ❑ ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. y j . ❑ ❑ Existing and nearest fire hydrants. l:. ❑ 0 Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ ❑ Internal circulation pattern. Ill. ❑ ❑ Elevation contours, at a minimum per USGS maps. 10. ❑ ❑ Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concchts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving �iod other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this.pla-r.) 1 ❑ ❑nce tG N/A .1 o C ual Items to be shown include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in .contrasting colors of zipatone pattern. c. ❑ - ❑ Existing and proposed contours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. . 3 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - July 10, 2008 Applicant: Cal Conley Supervisor District: 1 File #: Request: G.P.: Zoning: Zone Date: APN: COR 06-02 Certificate of Correction to delete Condition 3 of Parcel Map, recorded at Book 146, Pages 80-82, February 22 1999, (TPM 97-21), establishing a "no development" zone bisecting the property. Low Density Residential A -R (Agricultural Residential) February 28, 1,984 072-070-021` EXECUTIVE SUMMARY: Parcel Size: 10.3 acres Location: On the east side of Miners Ranch Road, approximately 0.5 miles south of Oro -Quincy Highway, east of Oroville. .0. Planner: Carl Durling Associate Planner Attachments: A: Resolution with Conditions B: General Plan/Zoning Map ,, C: Site Plan This request is to amend an existing condition of a recorded map pursuant to Section 20-91(a)(7) of the Butte County Subdivision Ordinance. This section allows amendments to a recorded map by a Certificate of Correction reflecting changes in circumstances. Staff recommends approval of this project with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The project is a proposed Certificate of Correction to amend a map by deleting condition #3 of a previously recorded parcel map (Book 146, Pages 80 through 82) recorded on February 26; 1999. • Condition #3 requires a 50 -foot "No Development Zone" on either side of a drainage way extending through the property. • A 100 -foot leach free zone is required on either side of the drainage way. • The source of the water flowing in the drainage way was overflow from a perimeter drainage ditch. • The project site is designated by the General Plan as LDR (Low Density. Residential). • The project site is zoned A -R (Agricultural Residential). • The adjoining property on the north is zoned C-1 (Light Commercial) with a General Plan designation of C (Commercial). ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report - Conley COR 06-02 ■ Page 1 of 7 ■ The property has an existing dwelling, including the storage of house boats as -a nonconforming use. • The project site is not located within a 100 -year flood zone, an earthquake zone, or an airport compatibility zone. ANALYSIS: • The project parcels were created by Parcel Map. TPM 97-21 recorded on February 26, 1999. • Condition #3, proposed for deletion, states; "Show on a map a 50 foot No Development Zone along the unnamed drainages located on parcels 2 and 3. The distance shall be measured from the top of the bank of each drainage. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states, `Structures, dumping, fill material, and/or excavation shall not be allowed with the 50 feet No Development Zone as depicted.' " • During heavy rain events, water shedding from the adjoining property on the east would sheet flow into a perimeter drainage ditch, overflow the ditch, then over time created the drainage way. • Section 20-91(a)(7) of the Butte County Subdivision Ordinance permits the modification or deletion of map conditions if circumstances have changed since the time the map was recorded. • The change in circumstance is that the drainage ditch has been cleaned, substantially increasing its capacity, and is capable of preventing overflow onto the property. Water is now carried around the perimeter of the property, crosses under Miners Ranch Road at the northwest corner of the property, and then eventually into the West Branch of Honcut Creek. • Per Section 66469 of the Subdivision Map Act and Section 20-91 of the Butte County Code, amendments to a final map are permissible with a certificate of correction. The determination of this Certificate of Correction is under Section 66472.1 of the Subdivision Map Act and Section 20-91(a)(7) of the Butte County Code which allows. amendment when there are changes in circumstances that the condition in its present wording is no longer appropriate or necessary. In order.to approve the amendment, three requirements have to be met. The first is that changes in circumstances which make any or all of the conditions or mitigations no longer appropriate or necessary. Offsite drainage no longer traverses the property. Condition #3 requires a 50 - foot "No Development Zone " on either side of a drainage way extending through the property in order to address flooding potential on site. Because the drainage issue on the adjacent property has been resolved, Condition #3 is no longer necessary. 2. The second requirement to be met is the amendment will not impose any additional burden on the present fee owner of the property. ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report — Conley COR 06-02 ■ Page 2 of 7 ■ The amendment is supported by the property owner and would be less of a burden in that it would alleviate a substantial loss of useable area. 2. The third requirement is that the amendment will not alter any right, title or interest in the real property reflected on the recorded map. No property lines will be affected by the amendment. The COC would potentially alter the location of previously approved land uses. It would not alter the right, title or interest in the real property. 4. The amendment conforms to the provisions of section 20-65 of the Butte County Code (BCC) which requires: a) a public hearing by the advisory agency, in this case the Planning Commission, to review the submitted map revision, and associated agency reviews and recommendations, and The public hearing before your Commission satisfies this requirement. b) conformance with applicable design and improvement standards of the BCC, State Subdivision Map Act, and General Plan The requested Certificate of Correction does not conflict with any applicable design or improvements standards; the building setback is not required as a matter of BCC, the Subdivision Map Act, or the General Plan. It was required to address potential flooding issues which have been resolved by improvements to a nearby drainage way. ENVIRONMENTAL REVIEW: • The drainage way has been. eliminated by the repair and cleaning of an existing. periphery drainage ditch. The use of the property will be consistent with a single family home on a 10 acre parcel • This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions under Categorical Exemption 15305 Minor Alterations in Land Use Limitations, for areas with an average slope of less than 20% which do not result in any changes in land use or density. The property is used for normal residential and accessory uses, and for temporary storage of house boats as a nonconforming use. The deletion of the No Development Zone will have no effect on allowable land uses or density. OTHER DEPARTMENTS/AGENCIES REVIEW: • The Public Works Department reviewed the project and included conditions of approval. • The Agricultural Commissioner has determined there are no impacts to agricultural uses. • The California Department of Forestry and the Environmental Health Department reviewed the project and did not have any conditions. ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report — Conley COR 06-02 ■ Page 3 of 7 ■ PUBLIC COMMENTS: • Staff received public comments from an adjoining property owner neighbor to the north. The concern was that the applicant has expanded the nonconforming boat storage facility. The applicant has applied fo'r a Use Permit to expand the nonconforming boat storage use, which is a separate action that will come before the Planning Commission for review. ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report— Conley COR 06-02 ■ Page 4 of 7 ■ Exhibit A RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CERTIFICATE OF CORRECTION 06-02 WHEREAS, the Planning Commission has considered Certificate of Correction 06-02 for Cal Conley, in accordance with Chapter. 20, Section 91; Amendment, of the Butte County Code on Assessor's Parcel Number 072-070-021; and WHEREAS, the Planning Commission has determined that the project is exempt from the California Environmental Quality Act; and WHEREAS, said Certificate of Correction was referred to various affected public and. private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on July 10, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds that the project is categorically exempt from the California Environmental Quality Act per Categorical Exemption 15305 Minor Alterations in Land Use Limitations, for areas with an average slope of less than 20% which do not result in any changes in land use or density. II. Approves Certificate of Correction 06-02 for Cal Conley, subject to the conditions and the following findings: A. The proposed map correction is consistent with the Butte County General Plan Goals and Policies. B. Changes in circumstances which make any or all of the conditions or mitigations are no longer appropriate or necessary. Offsite drainage no longer traverses the property. Condition #3 requires a 50-f6ot "No Development Zone" on either side of a drainage way extending through the property in order to address flooding potential on site. Because the drainage issue on the adjacent property has been resolved, Condition #3, is no longer necessary. C. Deletion of the condition to require a drainage way will not be detrimental to the public health, safety and welfare. No adverse impacts were identified in the review of the proposal by County agencies. ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report — Conley COR 06-02 ■ Page 5 of 7 ■ D. The map correction does not impose any additional burden on the present fee owners of the properties. The amendment is supported by the property owner and would be less of a burden in that it would alleviate a substantial loss of useable area. E. The map correction does not alter any right, title or interest in the real property reflected on the recorded map. No property lines will be affected by the amendment. The COC would potentially alter the location of previously approved land uses. It would not alter the right, title or interest in the real property. F. The map correction conforms to the provisions of Section 20-65 (Advisory Agency Action) of the County Subdivision Ordinance. The requested Certificate of Correction does not conflict with any applicable design or improvements standards; the building setback is not required as a matter of BCC, the Subdivision Map Act, or the General Plan. It was required to address potential flooding issues which have been resolved by improvements to a nearby drainage way. ■ Butte County Department of Development Services ■ ■ July 10, 2008 ■ Planning Commission Agenda Report — Conley COR 06-02 ■ Page 6 of 7 ■ I. CONDITIONS OF APPROVAL: 1. Provide appropriate recording fees for recording proposed Certificate of Correction and Exhibit A. Current estimated cost is $13.00 (1 page Certificate, 1 page for Exhibit A, and 1 page for Exhibit C.) County Counsel 2. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by . County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. II. NOTATION 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. Z:\PROJECTS\COR—CERT OF CORRECTION\CONLEY COR 06-02Wgenda Report Conley COR 06-02 - Draft2.doc ■ Butte County Department of Development Services ■ ' ■ July 10, 2008 ■ Planning Commission Agenda Report — Conley COR 06-02 ■ Page 7 of 7 ■ Paul H. Harder 62 Blakeslee Drive Oroville, CA 95966 APN 72-07-4 APN 72-07-17 Butte County Department of Public Works. Land Development Division 7 County Drive Oroville, California 95965 Attn: Mr. Stuart Edell, Department Head. Subject: Statement regarding increased flow in the natural channel abutting my property. , Dear Mr. Edell: The increase in flow in this channel is noted in the Certificate of Correction, filed for Cal and Denise Conley, owners of Parcel 2, Mapbook 146, page 82; APN 72-07-021. I hereby state that this increase in flow.does not adversely affect my property. The channel is at a lower elevation than any existing or planned improvements. Very truly, 01 Sign Print Name Print Address John Coppedge 10 Blakeslee Drive Oroville, CA 95966 _ r• APN 72-07-5 APN 72-07-6 APN 72-07-7• Butte County Department of Public Works APN 72-07-8 Land Development Division i 7 County Drive Oroville, California 95965 Attn: Mr. Stuart Edell, Department Head. Subject:. Statement regarding increased flow in the natural channel abutting my property-. - Dear Mr. Edell: The increase in flow in this channel is noted in the Certificate of Correction, filed for Cal and Denise Conley, owners of Parcel 2, Mapbook 146, page 82; APN 72-07-021. k I hereby state that this increase in flow does not adversely affect my property. ' The channel is at a lower elevation than any existing or planned improvements. Very truly yours, - Sign Print.Name Print Address . 1 1 Gilbert Chavez 6265 Miners Ranch Road Oroville, CA 95966 APN 72-07-1 Butte County Department of Public Works APN 72-07-18 Land Development. Division 7. County Drive Oroville, California 95965 Attn: Mr. Stuart Edell, Department Head. Subject: Statement regarding increased flow in the natural channel abutting my property. Dear Mr. Edell: The'increase in flow in this channel is noted in the Certificate of Correction, filed for Cal and Denise Conley, owners of Parcel 2, Mapbook 146, page 82; APN 72-07-021. I hereby state that this increase in flow does not adversely affect my property. ; The channel is at a lower elevation than any existing or planned improvements. Very truly yours, Sign Print Name LAS- S%%i.z Im',�• Print Address RECORDING REQUESTED 81 Robert C. Brooks (Engineer or Surveyor) AFTSt RECORDING RETURN TO: BUTTE COUNTY PUBLIC WORKS LAND DEVELOPMENT DMSION 7 Gounty Center Drive 0mville, CA 95965 WHEN RECORDED FILE WITH MAP LLSTED BELOW SPACE ADM THIS LINE FOR RECORDEIrS USE CERTIFICATE OF CORRECTION I Robert C. Brooks- r hereby state that the following eomections or additions to the map entrM ..Parr P_1 Mashy *BBA Engineeiine ,filed October 1998. In Book .14 6 of Maps at Page(s) 8 2 - ` , in the oftice of the Recorder, are made by me in accordance with Semon 66469 though 66472.1 a€ the Subdivision Map Act Description changes as noted on- the attached Exhibit A and map plat Exhibit B 13'_4�L z' L"�± (SVeOze and Seal of Engrim or land Surveyor) D RCE or P.L.S. No. _RCE 15.14 o Date of Exiration March _31- 2 n n 7 CERTIFICATE OF COUNTY SURVEYOR: This is to certify that the above a tificate of Correction has been examined for compliance with Section 66471 of the SubdMsion Map Act Stuart Edell Deputy County Surveyor R.C.E, or P.L5 No. p Dft of E*rabm MUM Dedlfern4D 1440 (4" M x No. 15140 ti Exp, n 1 CMV �lF OF CA��®� Listed below are the present fee owners of the property affected by the cD rection or addition: _Cal`hnd Denise Conlev Pursuant to Section 66470 of the Subdivision Map Act, listed below are the fee owners of the property affected try the correction or addition, ,on the date of filina of the Mniml rprnrrim man. L:e%row.-.::$e.rrg Robert C. Brooks, RCE 15,140 September 21, 2006 Certificate of Correction Parcel Map by BBA Engineering, October 1998, Mapbook 146, page 82. This Certificate of Correction is to eliminate the 200 foot wide Leachfree, No Development Zone in Parcel 2 as shown on 146 M 82. The variable width Leachfree, No Development Zone, and the Sewage Disposal Area on the north side of this parcel is retained, as shown on the attached map, Exhibit B. A 50 foot leachfree area is created at the north end of the 110 ft. by 322.17 ft. Sewage Disposal Area shown in Parcel 2, per Department of Environmental Health requirement. Drainage runoff coming on to the parcel from adjacent easterly property owned by others has been rerouted; a ditch along the east side of the parcel intercepts runoff, and continues to a ditch along the north side, then to a 27 inch CMP culvert at the northwest corner which crosses Miners" Ranch Road and discharges into a natural drainage channel along the west side of the road. An inlet in the east ditch also takes runoff runoff into 3 underground 4 inch perforated plastic pipes which direct flow to the southwest and into a small pond on Parcel 1 (Separate owner) which lies in the zone shown on the Parcel Map. Discharge from the pond goes to a 36 inch CMP crossing Miners Ranch Road and discharges into the natural channel on the west side. Most of the runoff coming through Parcel 2 now goes to the 27 inch culvert at the northwest corner; estimate 90%. A small portion goes to the pond on Parcel 1. The total amount has not changed. The properties opposite Parcel 2, and adjacent to the natural channel on the west side of Miners Ranch Road are not adversely affected by the increase in flow coming in from the the 27 inch culvert Letters to verify this are concurrently filed with Butte County Land Development Division. QOV ESS10Nq\ NRLf s 2 No. 15140 y Exp. sl CIV11 q�£ OF CA��`�� EXHIBIT A 6 NOTES: 30. BUILDING SETBACK LINE 1.. STRUCTURES. DUMPING, FILL MATERIAL, AND/OR i,r i0 NO DEVELCPVENt ZONE AS CLVICIEO. 2. THE BUILDING SETBACK FROM THE SIDE (x' :TIL 171f�`�4f('i�'rP�}P�1':�r�i e�T•7��e�•!•i='?�"A,'r•,L` �! 747r L�%•6Uftti GP< ,r��-�'(WE F flu!J Ia 3. FINE SLIPPRESSON S-RINKLER SYSTEMS SHALL R: IF - INSTALIFU IN ALL NEW RESIOLNIIAL STRUCTURES IN ACCORDANCE WITH TFk' NATIONAL FIRE PROFECROI; ASSOCIATION STANDARD FnR THE INSTALLATION OF SPRINKLER SYSTEMS IN ONE AND T'A'O FAMILY DhELlln':; 1 ANO MOBILE HOMES, NEPA SrANDARD ITP. U:flE5`.i ? P RCSSVR12ED COMMUNITY WATER SYSTEM. WITH i HYDRANTS THAT MEET FIRE DEPARTMENT $PCCIFICA.TIC:IS. SER'r5 THCPARCELS 4 711E SHERIFF'S FACIUIIES IMPACT fEE SKULL SE F:AID. 1 PVRSUANT 70 THE PROVISIONS OF CH.aT'TER 3. ARTICLE .._ 00 O.Od - < � r ' v7 -40.00' 1 PARcr, r - _2 1 1r Q T U J ' 1 10.00 f -3 �I 1 a 1� 1 30' BUILDING SETBACK LINE - f / i l N (3 8 ° i i ^Y49 " w 698. � $ ' -- -- — -- '�–`I f p .E .70' BUILDING SETUACK LINE i i N 5.31 acres is . 1 / NOT A, FA,T;1 i o� b I ` 30' BUILDING ST. )BACK LINE 725.74' i N 88 9' ' 11' 4 w M R I ( ) 845.HJ' (M) 845.%9' (R) N 88' 00' W I 879.00' (N2) 1 J(R) 9 R7 ,S7 E 8%5.84' (R3) 8%5.89' (C) J0.a96'w (C) S 88' It* S0' o- E (F=I ) It yo NOTES: 1.. STRUCTURES. DUMPING, FILL MATERIAL, AND/OR EXCAVATION SHALL NUr BE ALLOWL'D WNWIN THF NO DEVELCPVENt ZONE AS CLVICIEO. 2. THE BUILDING SETBACK FROM THE SIDE (x' :TIL PROPERTY LINES SHAN.L RL IIOr LESS 'IIAN 3U FEET. 3. FINE SLIPPRESSON S-RINKLER SYSTEMS SHALL R: - INSTALIFU IN ALL NEW RESIOLNIIAL STRUCTURES IN ACCORDANCE WITH TFk' NATIONAL FIRE PROFECROI; ASSOCIATION STANDARD FnR THE INSTALLATION OF SPRINKLER SYSTEMS IN ONE AND T'A'O FAMILY DhELlln':; 1 ANO MOBILE HOMES, NEPA SrANDARD ITP. U:flE5`.i ? P RCSSVR12ED COMMUNITY WATER SYSTEM. WITH i HYDRANTS THAT MEET FIRE DEPARTMENT $PCCIFICA.TIC:IS. SER'r5 THCPARCELS 4 711E SHERIFF'S FACIUIIES IMPACT fEE SKULL SE F:AID. 1 PVRSUANT 70 THE PROVISIONS OF CH.aT'TER 3. ARTICLE .._ 11 OF THE BUTTE COUNTY CODE. PRIOR TO THE ISS'J!.r:,:L OF BUILOING PERMIT. SAID FEE AMOUNT SHALL NE DETERMINED AND CALCULATED AS OF DtE OAR; Nil APPLICA71ON FOR BUILDING PERMIT. ' �5. ONLY ONE PERMANENT DWEWNG UNIT SHALL BE ALL0.1EO L, f PARCEL 2, AND NO ADDITIONAL RESIDEIITIAL CWiI LiHI; 1,;1:115 SHALL BE ALLOWED ON PARCEL I, • 6. NO WATER WELL MAY BE I'OCAILO W,THIN 100' OF TME USABLE SEWAGE DIWOS.AL AREA AS SIIOW%% 7. DEVELOPMENT OF THESE PARCELS MAY HEOIAPE PATT.IEI4T ' 11410 DIE WATER TENDER FUND. R. LIMIT SOIL WORX TO PERIODS OF ORY Y•£ATHER BI. rWEEII APRIL 15 AND NOVEMBER 15 UNLESS AN ER051014 CONiRCi tip PLAN IS PREPARED BY A CIVIL ENGINEER OR ODIEP. OVALIFIED PROFESSIONAL AND APPROVED BY ME PLANNING OIVWSIIX4. MULCII PROTECT, H,DRO-SLED. OR OTHER'MSE SIABn MF 01. THE SOIL ON ALL AREAS THAT HAVE SEEN CISTURBED CM qT HAVE BEENCLCARED OF VEF,ETAiION AND AHL OF ERCCIRiF ITT a MATERIAL. 9. CWISTRUCDO L INSTALLATION OR ITC 4IOPMF.NI OF SIMICIUP.ES OR FACUDES ON THE PARCELS SHALL COMPLY Will. THE LATEST CAUFORNIA FIRESArCTY REGULATIONS. (PUBLIC RESOURCES CnOE 4290). AND AI,1. OTHER APPEIC.ABLE S -AT.: AND COUNTY CODES, CROINANCES V40 REGULATIONS P: EFFECT AT THE TIME OF APPI.IF.A71014 FOR INPRC'•Z ILII: 3 PERkil IS. 10, BUILDING IRENRrICADCH AND/OR ADDRESS 9fALL SE 4] $ INSTALLED IN CONFORMANCE WITH PUBLIC RESOUHCGS COTE 4290 AND SHALL BE POSTED AI THE BEGINNIUO OF PI:I:.C14: H V In CONSTP.UCTION AND MAINTAlflfn OFD4EAr N.N. THIS ADDITIONAL ?AAP SHEET IS FOR INFORMAHONAL PURPOSES ONLY DESCRIBING CONDITIONS AS OF THE DATE OF FILING, AND IS Nor INTENDED TO AFFECT RECORD TITLE INTEREST. ADDMONAL MAP SHEET -PARCEL MAP LOT 180 OF O.W.F.L. UNIT NO. 5 Fled In Book 8 of Maps, Pages 37A & 38A Sec. 18, T. 19 N., R. 5 E. MDB&M Butte County, California 1'Rr L Croy Berry BBA EN4�/NEEIi/NG �, • Le '.m ,w 7 1P6P Pok Arm 0..O.. CA 95006 (5]e) 554 -Tall I'An IC•:91 10/00 11DA-97015 A.P. NO. 72-C7-019 S i 3 :l 3 W,I, FA Ei H PQ H x W { SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, e. J 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse �` dresses "'• that we can return the card to you. ■_ ch this card to the back of the mailpiece, B Received by (Printed Name) C. D to o slivery Jn the front if space permits. b1 i5 D. Is delivery address different from item 1? ❑Yes 1. le Addressed to: If YES, enter delivery address below: ❑ No t Cay nd Denise Conley 59 Indian Avenue San Jose, CA 95123 3. S_e4ceType - L7 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2 `Article Number (transfer from service label) 70 99 3 yoy 000s" 71,5-ir. el t 7 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 M January 21, 2004 Cal and Denise Conley 5961 Indian Avenue San Jose, CA 95123 tie Count 9 L A N D O F NATURAL WEALTH A N D B= A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-;:397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785. Re: Application completeness — Use Permit 04-14 APN 072-070-020 & 072-070-021. Dear Mr. Conley, Thank you for the submittal of the above referenced application. The project application, site plans, and related items have been reviewed by County Agencies in order to determine if the application is complete and contains the information. necessary to process the request. Your application has been deemed incomplete at this time. Specifically, the additional information is required before the application can be accepted as complete: 1. Provide site plan that reflects current use and impacts (grading) on the property.. There is concern with regard to earthwork that has occurred on APN 072-070-021 that is in conflict with the recorded Tentative Parcel Map. The areas of concern are the septic disposal area on the south east comer and the no development/disturb area along the drainage area. Because your project has been deemed "incomplete" no additional processing of your application will occur until the required information has been submitted to and approved by Butte County Animal Control and Butte County Environmental Health Department. Please revise the site plan per the above requirements and resubmit 35 copies. Please contact me at (530) 538-7376 before making copies of the revised site plan. ySiinnccerely, 7. Mark Michelena Associate Planner i Butte County Department ofDevelopment Seri ices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING January 20, 2004 Cal and Denise. Conley 5961 Indian Avenue San Jose, CA, 95123 Re: Use Permit, UP 04-14, 072-070-020, -021 Dear Mr. Conley: In an effort to keep our customers informed, we are notifying all applicants- of their current status and assigned planner. This is to inform you that Your project has been assigned to Mark Michelena and he can be reached at 538-7376, between 8:00 a.m. and 4:00 p.m. Your project is tentatively scheduled for April 22, 2004... Should you have any questions regarding your application, please call the planner listed above. a Sincerely, Lynn Richardson Planning/Administrative. Support Service Assistant Cc: Brant Nightingale/Designs . R• Page 1 of 2 s R. Durling, Carl From: DeBrunner, Deborah Sent: Tuesday, September 14, 2004.9:46 AM To: DeBrunner, Deborah; 'kkennedy@proassociates.com'; 'cal@conleyroofing.com' Cc: Baker, Joseph; Durling, Carl; Spoor, Cheryl Subject: RE: Cal & Denise Conley Hello Denise. I am confirming our conversation yesterday regarding your request to withdraw the application on UP 04-14. Any future work would require you to submit a new application and pay new fees. This means you will not be required to redeposit funds. to continue work on your project, only pay the $228.29 for the planning work done through 8/25. As you mentioned, you had paid other monies to other agencies in addition to your $700 Planning deposit. At this stage of your project, it is unlikely that there would be any refunds from any of the other agencies (Environmental Health, Fire and Public Works). It seems to be that by the time an applicant has exceeded their initial deposit witn- Planning, the other agencies have already done their work against the project and there is nothing to refund. If you would like us to query the other agencies it would be billable as clerical time, increasing the balance you currently owe Planning by $45/hour, based upon the amount of time it takes staff to complete the queries. We estimate it could be 1-1/2 hours of time, depending upon the amount of work necessary. Please let us know if you would like to have us inquire as to the availability of refunds from the other departments. (Del>o-ral,L.DeBr"* ear Principal Analyst Development Services (530) 538-7464 From: DeBrunner, Deborah Sent: Friday, September 10, 2004 3:06 PM To: 'kkennedy@proassociates.com'; 'cal@conleyroofing.com' Cc: Baker, Joseph; Durling, Carl; Spoor, Cheryl Subject: FW: Cal & Denise Conley I understand you have questions about the current charges on Use Permit # UP 04-14, APN # 072-070-020/021- I reviewed the invoice and determined that an initial deposit was paid for planning on 12/15/2003 in the amount of $700.00 As of 8/25, there had been planning time charges of $928.29, which leaves a balance of current charges owing :)f $228.29. As you are withdrawing the application, there isn't a need to reinstitute the initial deposit amount of $700 to continue working on the project. 9/14/2004 • . Page 2 of 2 Please remit $228.29 payable to "Butte County Treasurer" to Development Services 7 County Center Drive, Oroville CA 95965. I hope this answers any questions you might have had. If you have further questions, please contact me by phone or email. De cra�vDeBY-u*uAPr Principal Analyst Development Services (530) 538-7464 • , • Page 1 of 2 Durling, Carl From: Wannenmacher, Felix Sent: Friday, September 10, 2004 3:24 PM To: Baker, Joseph; Durling, Carl Cc: Miller, Gloria Subject: RE: Cal & Denise Conley Hi Joe and Carl, If it is an accurate and authorized communication, it is sufficient. It is not obvious from the e-mail address who sent it. You were asked to call to follow up. Perhaps you should do so to verify the withdrawal. You could then follow up with a confirming letter stating the consequences of withdrawing. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard.and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. -----Original Message ----- From: Baker, Joseph Sent: Friday, September 10, 2004 2:48 PM To: Durling, Carl Cc: Wannenmacher, Felix Subject: RE: Cal & Denise Conley Carl, Please put a copy of -this email in the file with a memorandum from you verifying its receipt. Felix, is this sufficient to withdraw the file or does an action need to be accomplish by the Planning Commission. Would a letter confirming the withdrawal be appropriate to the applicant? Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 joseph.baker@buttecounty.net From: Durling, Carl Sent: Friday, September 10, 2004 2:30 PM To: Baker, Joseph; DeBrunner, Deborah Subject: FW: Cal & Denise Conley 9/13/2004 • • Page 1 of 1 Durling, Carl. From: KKennedy@proassociates.com Sent: Friday, September 10, 2004 2:16 PM To: Durling, Carl Cc: cal@conleyroofing.com Subject:. Cal & Denise Conley Carl, On behalf of Cal and Denise Conley I am-sending you this e-mail. RE: Use Permit # UP04-14 APN #.072-070-020/021 Per your message this notice is to request withdrawal of the above use permit application. Please also call us (Cal & Denise) at your earliest convenience to discuss current invoice dated 9/3/2004. We have questions regarding the current charges. Thank you, Cal & Denise Conley 408-363-1232 1'Cf'L lr GO,� viY 4„4-1- b, BaT .� �Ns� Net `✓/u,� 2 � �. 9/10/2004 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT August 12, 2004 Applicant: Cal Conley Planner: Carl Durling, Associate Planner File #: UP 04-14 Location: On the east side of Miners Ranch Road, approximately 0.4;m --Hes south of SR -162, at 62-.10 Misner Ranch Road, east =of Oroville= Request: Use permit to allow the Parcel Sizer "`10.9 acres expansion of a nonconforming _ storage business for boats and Su,�ervisor -f—F17-7 • recreational vehicles. District G.P.: Low Density Residential= attachments: �= Zoning: A -R (Agricultural Residential -j A: General Plan/Zoning Map B: Letters APN: 072-070x021 C: Site Plan D: TPM Staff Report EXECUTUN SUMMARY The project proposes-to�allow an expansion of a boat storage facility. The parcel in question was part of a Tentative P_dFel Map that was approved on June 9; 1998, and recorded February 2,.1999. Prior to the split, an existing storage yard, including boats and recreational vehicles, existed. It was determined to be a legal nonconforming use for the storage. The question is where the legal nonconforming use was established on the original parcel and whether or not it existed on the newly created parcel, 072-070-021. Staff is recommending denial of the proposed. Use Permit (UP 04-14). Should the Planning Commission wish to approve the project, staff recommends that direction be provided to staff to .■ Butte County Department of Development -Services. ■ Planning Division ■ ■ Conley UP. 04-14 n Agenda Report ■ August 12, 2004 ■ Page 1 of 3■ allow for circulation of the Initial Study/Mitigated Negative Declaration, and prepare appropriate findings and conditions to be brought back for review by the Planning Commission. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • This project is a Use Permit to allow for the continued use and expansion of a storage business for boats and recreational vehicles. • The property is currently undeveloped; a -permit for residential dwelling building has been submitted to the County. • The project site could be developed with a second dwelling (Bufe Courity:Code 24-280). • Access to the site is from Miners Ranch Road, • Sewage disposal for the parcel would be han domestic water would be provided by public w • Elevation on the site is approximately 825 feet above seaTE-Mel. ems and • The parcel slopes gently to the west bnt:�_s_generally flat. • Surrounding land uses consist of mostly- gesidenfial dwellings ranging from urban to rural densities, and parcel sizes ranging from 1 tdl- -17 ad -Nes. An -existing legal nonconforming boat and recreation vehicle storage fa l fyk located nt the adjacent parcel to the south. • The property along -e north boundary is .zoned C-1 (Commercial) with a General Plan . Designation of Commercial. • Vegetationrcons stsaof scattered oaks, pines and assorted shrubs. • The site had two drainage--iditches-running east to west through the property. One ditch, along the north property line is still:there. The second drainage ditch that ran through the.center of the parcel has been filled and piped underground (Violation of TPM 97-21). ANALYSIS: Land Use • The property has a General Plan land use designation of Low Density Residential, which allows as a primary use a single family dwelling at urban densities. Secondary uses include agriculture, outdoor recreation facilities, home occupations, public and quasi -public uses. • The project site is zoned Agricultural Residential which designates a single family dwelling as the permitted use.' Discretionary uses include multiple residences, golf courses (and related ■ Butte County. Department of Development Services ■ Planning Division ■ ■ Conley UP 04-14 ■ Agenda Report ■ August 12, 2004 ■ Page 2 of 3m uses), public and quasi-public, commercial poultry farming, livestock farming, nurseries, plant gardens, veterinary clinics and kennels. • The parcel was created by a parcel map (TPM 97-91). An existing boat and recreational vehicle storage business was in existence at the time of the parcel split approved on July 9, 1998. (Agenda report attached). • An August 18, 1998 aerial photograph shows that a portion of the nonconforming activity. extended into proposed parcel 2, which is now the subject parcel. • No Use Permit was approved to establish the nonconforming.use on the new parcel. CEQA ISSUES: _ Public Resources Code Section 21080 b. (5) states that CEQA:.fs not applicable to.projects that are going to be denied. CEQA findings are, therefore, not required ACTION FOR CONSIDERATION: w Staff recommends that the Plahmn.i Commissidn=take the following action - I. Deny the Use Permit (UP 047 14) for Cat -Conley, due to the fact that it constitutes the establishment --6f an illegal ug on the -property. ■ Butte County Department of Development Services ■ Planning Division. ■ m Conley UP 04-14 ■ Agenda Report ■. August 12, 2004 ■ Page 3 of 3■ • • � r 'y �+� '"�"' t 7'r �' i• .fasr +i r ,�f % l r � n. � 'rt! `C x t . •, y, 2•�•. !• � (�>✓+jR+ r:!t�` y,5 % ++ jam, .�•• " � '{, i s , r -�_yL�) r• r,,,* i%tt t / �j �y 1 � s"'i"z"'� L t � J +' t .4 •.•j' .. : f 'x r� f+ �.r� ,Y .. t+,�j-"��r J ,.( �i � FF{{{R` 4,r f.) ' i t > ', t ti s '� j�5•, o•�i y f f 11 t / S� 1 i �. ct • � P, x TT I+ �f! i�+Lr -. 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Terms of Use http://terraserver-usa.com/printimage.'aspx?T=I&S=10&X=:') 163&Y=21865&Z=10&W=2 ... 9/15/2003 Durling, Carl From: Wannenmacher, Felix Sent:. Friday, July 30, 2004 12:28 PM To: Durling, Carl; Baker, Joseph . Cc: Miller, Gloria Subject: Conley Agenda Report (UP 04-14) a Hi Carl and Joe; I have reviewed the agenda report. recall this matter being discuss at IDR in the past. Your discussion of it could be more thorough. I recall that one party owned the whole property, divided it, and sold part. The divider had the use, and wants to continue it or expand it to the adjoining parcel now owned by another. So, who owns this property, the one who had the use or another? Has the use been maintained since before the division, or was it discontinued and now being reestablished? In Proj Desc, 3rd bullet, how is this relevant? In Analysis, 5th bullet, was the use continued or maintained? In Analysis, 6th bullet, a UP. would not have been needed if the use were existing, nonconforming. Please clear up these matters by adding more detail. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachmEnts, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. Bidwell Canyon Marina on Lake ®roville A CALIFORNIA STATE RECREATION AREA February 2, 2004 Cal Conley 5961 Indian Avenue San Jose, Ca 95113 Dear Cal, As a partial answer to your inquiry about available facilities for dry boat storing of houseboats in this geographical area, we respectfully present the following information as we see it. We own and operate 16 large houseboats and many smaller boats in our rental fleet. We can take a few of our largest boats.at a time from the lake.to our.dry.boat area for repairs and refurbishment during the off season (Oct to May). Sometimes, we can take one or two boats to J&N's yard for work; but, we cannot provide storage space or working space for other boats. Al Norris, also, has very limited space in his Dry Dock Marine yard. We have hundreds of privately -owned, large houseboats moored in our buoy system; many owners ask for a dry boat area where they can temporarily store their boat. We have no good answer to their requests. Due to the size of these boats, it is essential that the storage area be easily accessible to and from the launch ramp. The State Department of Parks and Recreation no longer permits boats to be parked for any time on the launch ramps and in the adjacent parking lots. We definitely need a dry boat area that can serve large houseboats. Sincerely, *MloVokthart FUNTIME-FULLTIME • 801 Bidwell Canyon Rd., Oroville, CA 95966 • (800) 637-1767 • (530) 589-3165 • Fax (530) 5�B9-4873 www.GoBidwell.com Email: GoBidwell@aol.com 0 • To whom it may concc.n: January 30, 2004 Re: Parcel # APN 072-070-020 (Berry property) aka Miners' Ranch Storage — 6210 Miners Ranch Road, Oroville 95966 & 072-070-021 (Conley property) Use Permit # 04-14 Regarding the above parcels; we (Conley) bought 10 acres from Mr. Berrys' original 16 acres on February 16, 1997. At that time we had stored our houseboat on Mr. Berrys' property along with several other boats and RV's. Due to required perk tests etc., escrow did not close until approximately February 1999. Mr. Berry has had this land for approximately 25 years (under a "Grandfather Clause") utilizing this property as boat storage. He decided to sell us 10 out of his 16 acres for when his note was due. Prior to the final sale however it was negotiated that we would buy it for $20K less provided that Mr. Berry could use our land to expand as additional storage space as needed as he has always stored boats, houseboats, and RV's on this property. In addition he lives on the property and could maintain the property and supervise the boats on the entire acreage until we permanently moved there (new construction house plans currently in plan check with plans to begin building Spring 2004) as we currently live in San Jose. With these new construction plans we are allocating 4 acres (of the 10) in the rear of property for boat storage. In addition; this entire area will have "no visual impact" from Miners' Ranch Road or the surrounding parcels as this property will be surrounded by fences and high trees and shrubs which is part of the construction plans. Boats and RV's have always been stored on this property known as Miners' Ranch Storage since Mr. Berry bought it. With the flood of Dec 12 1996 there was a tremendous increase to boat storage due to damage of the boats from Bidwell Marina's buoy breaking. And again in 2002 when Lime Saddle Marina broke from the 125 mph winds there were several houseboats in need of storage and repair. Many of these repairs cannot be done on the water due to State Regulations and , Requirements therefore people were forced to locate a storage facility. Not only is there a need for boat storage but this location within 1 mile from the lake on the same road prevents the hauling of houseboats thru town. We would like to reiterate that this property has been used for boat storage since Mr. Berry purchased it and that the demand for storage continues to be of importance. In the Spring of 2003 Mr. Berry had 19 boats stored on our property due to his lack of space and therefore had expanded into our property and cleared dirt and debris as needed to accommodate this increase. This has been very beneficial to boat owners' such as ourselves who can store their boats and provide necessary maintenance required for them. Please feel free to contact myself or Leroy Berry to discuss in greater detail. W kpreci yotime and consider tion, J�t-3/,2 °a`I Cy (parce #072-070-021 Leroy Berry (parcel # 072-0.70-020) Home # 408-363-1232 Home # 530-589-0199 Cell # 408-590-6832 Butte County Department ofDevelopment Sei-;ices ADMINISTRATION * BUILDING * GIS * PLANNING 7 County Center Drive Oroville, CA 95965 (530) 538-7541 Telephone (530) 538-2140 Facsimile October 7, 2003 LeRoy Berry 6210 Miners Ranch Road Oroville, CA 95966 RE: Expansion of a Legal Nonconforming Use in the AR (Agricultural -Residential) zone Location: 6210 Miners Ranch Road, Oroville, CA AP # 072-070-020 & 021 Dear LeRoy Berry: The Department of Development Services has determined that a commercial operation of a storage/parlang business is being conducted on the referenced parcel owned by you. The Department has determined through aerial photographs that the. business has expanded significantly since August 1998. An expansion c -f a nonconforming use requires a Use Permit approved by the Planning Commission (Section 24-35.20 of the County Code). In addition, the photographs show significant grading which may be in violation of provisions of a parcel map recorded on the property (File TPM 97-21). This notice gives you 30 days to submit an application and fees for a Use Permit. A Use Permit is a discretionary permit, and processing it includes giving hearing notice to property owners within 300 feet of your property. A Use Permit application and fee schedule are enclosed. Please contact the Planning Department should you have any questions and a staff planner will assist you. It is the County's goal to obtain voluntary compliance with the Butte County Code: However, you shoul6 be advised that Butte County has an active Code Enforcement Program which provides an effective means of enforcement if voluntary compliance is not obtained. Enforcement may be pursued through the issuance of citations, fines and the recording of a Notice of Violation including a description of the action necessary to abate the violation. Sincerely, A/ Scott Rutherford Chief Building Inspector SR: kj cc: Assessor October 3 2003 17 Mr. LeRoy Berry 6210 Miners Ranch Road `" Oroville, CA 95965IM, �.�\. Re: Expansion of a Legal Nonconforming...U'i in the AR (Agricul Residential) zone APN# 072-070=20: x271- at the Bove address. Dear Sir: The Department of Development Serv'1' determined t �; .a commercial operation of a storage/parking business is being condhiclei �` Mahe reference parcel owned by you. The Department has determined throughrial R`L3 ahs that the business has expanded significantly sinw-August 1998: n xpansi iit a nonconforming use requires a Use Permit.. approve by the Plan ir ag Commission (Section 24-35.20 of the County Code). In ad-i. th6ii otographs s Qw significant grading which may be in violation ofprovis oris a pardf map recorde the property (File TPM 97-21). lse Permit to expand our business. An This notice0�$t30 da..app y p y a licat i • Page 1 of 4 Durling, Carl From: Baker, Joseph Sent: Friday, October 03, 2003 10:33 AM �!?� /i,' ` Ls�✓' i�► To: Durling, Carl Subject: RE: Legal Nonconforming Use (expansion) �� Carl, I concur with your appraisal of the circumstances.. Proceed as is appropriate. �a Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 jo sep h.b ake rO b ut to co un ty.n e t -----Original Message ----- From: Durling, Carl Sent: Friday, October 03, 2003 10:25 AM To: Baker, Joseph Cc: Christopher, Yvonne; Breedon, Dan; Michelena, Mark Subject: RE: Legal. Nonconforming Use (expansion) Joe: It seems that we have several people involved in this issue. Under what authority do we enter the subject's property to inspect the site? As I said in my email to you last September, I can find -no Ordinance Section to quote regarding grading or parcel map violation enforcement. We have clear aerial photo evidence that an expansion of the nonconforming use existing at the time of the parcel map has been expanded (1998 v 2002 photos). I conclude that the quickest way to a resolution is a 30 day letter, etc., for expanding a nonconforming use without obtaining a Use Permit. If he doesn't respond, then a 1 D day letter, then a citation if he still doesn't respond. Carl Durling -----Original Message ----- From: Baker, Joseph Sent: Friday, October 03, 2003 10:12 AM To: Durling, Carl Subject: FW: Legal Nonconforming Use (expansion) Carl, I thought this would provide you some background material on the property that you were working for a violation notice. Joe Joseph W. Baker Planning Manager Butte County Department of Development Services 10/3/2003 • Page 2 of * -4 (530)538-6572 aoseph bnker�buttecouniv,net. -----Original Message ----- From: Breedon, Dan Sent: Wednesday, September 24, 2003 8:51 AM To: Baker, Joseph Subject: FW: Legal Nonconforming Use (expansion) -----Original Message ----- From: Christopher, Yvonne Sent: Tuesday, September 23, 2003 1:26 PM To: Breedon, Dan Subject: RE: Legal Nonconforming Use (expansion) I think the PW grading inspector, Fish and Game and any escort you feel necessary should accompany the appropriate planning staff for a site visit. Please provide a briefing when that will be accomplished. Thanks, Yvonne -----Original Message ----- From: Breedon, Dan Sent: Friday, September 05, 2003 10:42 AM To: Christopher, Yvonne Subject: RE: Legal Nonconforming Use (expansion) Yvonne, In order to pursue as a code violation we will need to gather.some evidence in the form of photos and possibly overlays concerning the stream setback; to in fact establish that the setback has been violated. We should due a joint site inspection to gather this data. I would recommend that Fish and Game be involved, who may be better positioned to enforce the violation of the stream set back than we are. I will leave it to you as to whether, Mark should start this process. I believe that a sheriff's escort may be advisable for any site inspection. -Dan 10/3/2003 -----Original Message ----- From: Michelena, Mark Sent: Friday, September 05, 2003 10:08 AM To: Breedon, Dan; Baker, Joseph Cc: Christopher, Yvonne Subject: FW: Legal Nonconforming Use (expansion) Dan — Page 3 of 4 I'm resending this email because Roger Bailey, who has been bringing us the information regarding the potential violations (beginning in 2002 and now again ih 2003), is getting a little frustrated that we have not done anything that might stop the violations. He is aware that both Code Enforcement and Public Works have been to the site and determined that less than 1000 cubic yards of dirt have been moved. They were not aware of the no disturbance zone on the recorded parcel map. Mr. Bailey has called me on several occasions that he has watched a 10 yard truck make at least four or five trips an hour on the property moving dirt. He says this has been going on for months. According to him they are extending the hours of this type of grading. He has been patient during the whole process and. realized things tend to move slowly. But he mentioned that he might contact Supervisor Beeler, to let him know of his concerns. Mark -----Original Message ----- From: Michelena, Mark Sent: Tuesday, September 02, 2003 11:23 AM To: Breedon, Dan Cc: Baker, Joseph Subject: Legal Nonconforming Use (expansion) Dan and Joe — Here is a summary of an issue on APN's 072-070-020 and 072-070-021. It used to be one parcel until a Parcel Map was recorded back in February 1999. - When it was one parcel a business operated on the site (on the southern portion). I spoke with the Assessors office and they have no record of a business on the property. The person who registered the complaint believes it was a houseboat storage/storage yard. Over time it appears that it also became a repair facility. There are two problems on the parcels. 1. There are two parcels now. The southern parcel (072-070-020) waE the area where the business operated. Actual limitations on where the business was operating can not be determined. The business use has now spread to the northern parcel (072-070-021). There is no question that what ever the legal nonconforming business is, it is expanding. Solution: Apply for a Use Permit. 2. When the original parcel was split, a 100 foot no development (structures, dumping, fill material, and/or excavation shall not be allowed) was established on both parcels. The property (072-070- 021) is being heavily graded. The concerns are the Parcel Map condition is being violated and the amount of earth being moved on site. The site is about 825 feet above sea level. It has not been determined if the drainage swale/riparian habitat in the no development zone has been filled to allow trucks to move back and forth across the property. The grading of the property has been going on for some time now. This issue really needs to be addressed immediately. If you need a copy of the Parcel Map, I have it my desk. 10/3/2003 10/3/2003 October 3, 2003 Mr. LeRoy Berry 6210 Miners Ranch Road Oroville, CA 95965 Re: Expansion of a Legal Nonconforming.V,'i' in the AR (Agricul t- Residential) zone APN# 072-070-20::1:::at theove address. Dear Sir: ixeThe Department of Development Sery s; determined�Y ta,commercial operation of ,� �� a storage/parking business is being condgk 8- - he referenc parcel owned by you. The Department has determined through nal �2� } ; hs that the business has expanded significantly sin e.august 1998: xpans3�r a nonconforming use requires a Use Permit.;apprepby the Plang Commission (Section 24-35.20 of the County Code). In , tion, th& otographs s w significant grading which may be in violation of provision 5<i"t >a parci'.map recorde 0" property (File TPM 97-21). This notice: i� �, . .30 da�`" >o.. a.......i ` tON' [Jse Permit to expand our business. An g! .....,,:... YPP Y p Y app licatt n is enclos Tease c ntact the Planning Department office at 7 County Cent:.' Oroville'' fornix<' -9 65. A staff planner will assist you. • Page 1 of 1 • Durling, Carl From: Baker, Joseph Sent: Friday, October 03, 2003 9:23 AM To: Durling, Carl Subject: RE: draft 30 day letter re storage Carl, Do what we need to do to pursue this .issue. At the same time remind them that the encroachment into the "no development" area is a breach of the conditions that were imposed on that site. Further, that we would appreciate them restoring the site in an appropriate manner and obtaining the appropriate approvals to continue with any work on the site. Thanks. Joe Joseph W. Baker. Planning Manager Butte County Department of Development Services (530)538-6572 joseph.baker@buttecounLv.net -----Original Message ----- From: Durling, Carl Sent: Tuesday, September 16, 2003 1:15 PM . To: Baker, Joseph Subject: draft 30 day letter re storage Attached is a draft letter regarding the expansion of the storage business on Miners Ranch Road. I coud find no reference for citing them for encroaching into the Parcel Map designated "No Development" areE. Carl 10/3/2003 Page l of l Durling, Carl From: Durling, Carl Sent: Tuesday, September 16, 2003 1:15 PM To: Baker, Joseph Subject: draft 30 day letter re storage Attached is a draft letter regarding the expansion of the storage business on Miners Ranch Road. I could find rdo reference for citing them for encroaching into the Parcel Map designated "No Development' area., Carl Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING August 27, 2004 Cal and Denise Conley 5961 Indian Avenue San Jose, CA 95123 Re: Application status — Use Permit 04-14 APN 072-070-020 & 072-070-021. . Dear Mr. Conley, On August 4, 2004, the Interdepartmental Review committee reviewed the Agenda Report for your project in which a recommendation for denial is proposed. It would be helpful if you could provide evidence of the existence of the nonconforming boat storage facility prior to approval of the parcel map dividing the property. Also, please confirm that the 100 -foot no development zone shown on the parcel map has been restored. At this point in time we can find no basis for approval of the existing nonconforming use onto your property. In your letter of January 30, 2004, you state that Mr. Berry expanded onto your property in the "Spring of 2003". This indicates that the storage is an expansion of the facility without the benefit of an approved Use Permit. We suggest that you withdraw your application rather than Baker has spoken to you regarding other opt In= If you have any questions, please do not he Baker at 530-538-6572. o Ln I - Sincerely, Carl Durling Associate Planner C3 Tota O further costs. Mr. M1- Name Cal and Denise Conley cr Stree 5961 Indian Avenue C3 -pry- San Jose, CA 95123,x. r` Postmark Here o Ak Postage $ Ln Certified Fee Ln Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) C3 Tota O further costs. Mr. M1- Name Cal and Denise Conley cr Stree 5961 Indian Avenue C3 -pry- San Jose, CA 95123,x. r` Postmark Here o Ak • • Page 1 of = Durling, Carl From: Baker, Joseph Sent: Thursday, August 26, 2004 5:16 PM To: Durling, Carl Subject: RE: Conley boat storage letter Carl, Send the letter to Mr. Conley. Thanks... I= Joseph W. Baker Planning Manager . Butte County Department of Development Services (530)538-6572 Joseph.bakgr@buttecounty_.nef From: Durling, Carl Sent: Wednesday, August 11, 2004 11:56 AM To: Baker, Joseph Subject: FW: Conley boat storage letter Joe I'll try and send the attachment again. Carl From: Durling, Carl Sent: Monday, August 09, 2004 11:15 AM To: Baker, Joseph Subject: Conley boat storage letter Joe: Attached is the draft letter to Conley. Carl 8/27/2004 .:4, '' -j', ' ► tr . .�. y y F' 'S`>t,'ff ,+q. -..;" •+ r:.?`y- ti,-k., �.., ,..,i,,,,-ref" i4.�''i':•'' r „4:.r •i d' - ] ; 4 S y. ,_ P ` �r �. tv ',. 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Y.1' • G i� � ,K�� • 1`. 44 . • '�y _ � ' _ fir' , +,s • -- C - J��+ ".`,`. "�� t ,aL. Y( � - '�R� �. { •� n }- ,..t'' }� ►yam 4iT ,.y .•r• �,��.yr _'�9'" ��'' � R" ' I {A��"� } l ~, . r :fit, r , "� i �' ► '�. 1 ', � !t fir. � , . M • �YiB' ,;. L , � n. �,� 5 _ �.:. - - - r � y►!G�I.t .. - - t4 4� � � r ,� ,•• it � y ISA •,�• ,�� .4. '+� �� " �. ;, 3 ♦ :4. two do 44 , T A i x Ito AW Applicant: File #: BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT August 12, 2004 Cal Conley UP 04-14 Request: Use permit to allow the expansion of a nonconforming storaee business for boats and recreational vehicles. G.P.. Zoning: APN: Planner: Carl Durling, Associate Planner Location: On the east -side of Miners Ranch Road, approximately 0.4A les south of SR -162, at 62:170 Misner Ranch Road, east of Oroville Parcel Size x"10.9 acres W Low Density Residential =Attachments: A -R (Agricultural Residential). B: 072-070=021 C: EXECUT UVE SUMMARY. General Plan/Zoning Map Letters Site Plan D: TPM Staff Report The project proposes: W:- ow an expansion of a boat storage facility. The parcel in question was part of a Tentative P.-.arcel Map that was approved on June 9, 1998, and recorded February 2, 1999. Prior to the split, an existing storage yard, including boats and recreational vehicles, existed. It was determined to be a legal nonconforming use for the storage. The question is where the legal nonconforming use was established on the original parcel and whether or not it existed on the newly created parcel, 072-070-021. Staff is recommending denial of the proposed Use Permit (UP 04-14). Should the Planning Commission wish to approve the project, staff recommends that direction be provided -to staff to ■ Butte County Department of Development Services ■ Planning Division ■ ■ Conley UP 04-14 ■ Agenda Report ■ August 12, 2004 ■. Page 1 of 3■ uses), public and quasi -public, commercial poultry farming, livestock farming, nurseries, plant gardens, veterinary clinics and kennels. •. The parcel was created by a parcel map (TPM 97-91). • 'An existing boat and recreational vehicle storage business was in existence at.the time of the parcel split approved on July. 9, 1998. (Agenda report attached). • An August 18, 1998 aerial photograph shows that a portion of the..rioficoriforming activity extended into proposed parcel 2, which is now the subject parcel. u"w • No Use Permit was approved to establish the nonconforming.use on the new parcel. CEQA ISSUES• Public Resources Code Section 21080 b. (5) states that CEQ:Aas not applicable to projects that are going to be denied. CEQA findings are, therefore, not required ACTION FOR CONSIDERATION: Staff recommends that the Planninj4.:Commission4:f'alce the following action: I. Deny the Use Permit (UP 04=14) for Caf=@-_0nIey, due to the fact that it constitutes the establishmenttofan::illegal use: on theproperty. ■ Butte County Department of Development Services ■ Planning Division ■ ■ Conley UP 04-14 ■ Agenda Report m August 12, 2004 ■ Page 3 of 3■ allow for circulation of the Initial Study/Mitigated Negative Declaration, and prepare appropriate findings and conditions to be brought back for review by the Planning Commission. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • This project is a Use Permit to allow for the continued use and expansion of a storage business for boats and recreational vehicles. • The property is currently undeveloped; a permit for residential dwdA9 building has been submitted to the County. • The project site could be developed with a second dwelling (Butte Cou*t '-Code 24-280). • Access to the site is from Miners Ranch Road, a Countymairitained public road:.=-' • Sewage disposal for the parcel would be handle-d0by indivi&al on-site septic systems and domestic water would be provided by public water: • Elevation on the site is approximately 825 feet above sea lel. • The parcel slopes gently to the west4uts,generally flat. • Surrounding land uses consist of mostly residential"dwel-lings at ranging from urban to rural densities, and parcel sizes ranging from 1 t6-4`7 acres. An existing legal nonconforming boat and recreation vehicle storage:faclity:is locateeon the adjacent parcel to the south. • The property along fhe north boundary is .zoned C-1 (Commercial) with a General Plan Designation of Commercial. • Vegetationycoris-sts.of scattered oaks, pines and assorted shrubs. • The site had two drainag&ditches running east to west through the property. One ditch, along the north p operty line is stillithere. The second drainage ditch that ran through the center of the parcel hasbeen filled and piped underground (Violation of TPM 97-21). ANALYSIS: Land Use • The property has a General Plan land use designation of Low Density Residential, which allows as a primary use a single family dwelling at urban densities. Secondary uses include agriculture, outdoor recreation facilities, home occupations, public and quasi -public uses. • The project site is zoned Agricultural Residential which designates a single family dwelling as the permitted use. Discretionary uses include multiple residences, golf courses (and related ■ Butte County Department of Development Services ■ Planning Division ■ ■ Conley UP 04-14 ■ Agenda Report ■ August 12, 2004 ■ Page 2 of 3■ PROJECT COORDINATION FORM Date of IDR: W410111 It PROJECT NAME: DEPT. COMMENTS PLANNING Ncw - aAJfNc� us00 P.W. ff 11A c)r-- -r�(tk - PROJECT NUMBER: READY ICOR BEARING? ENV. HEALTH V/0 710,Aj 02 - COUNSEL' 51e6 W P7b-?i cmwejrS AG /)o BLDG{,��,�,�'� ASSESSOR EIRE . A)O. 00-nQKbArS PROJECT. COORDINATION FORM Date of IDR: PROJECT NAME: NK[Ptj Ctl-� -e— PROJECT. NUMBER: DEPT. COMMENTS READY FOR HEARING? PLANNING Zk -0 771 P. W. o�J /�fa � : ENV.HEALTH COUNSEL AG BLDG ASSESSOR FIRE Durling, Carl From: Wannenmacher, Felix Sent: Friday, July 30, 2004 12:28 PM To: Durling, Carl; Baker, Joseph Cc: Miller, Gloria Subject: Conley Agenda Report (UP 04-14) Hi Carl and Joe, I have reviewed the agenda report. I recall this matter being discuss at IDR in the past. Your discussion of it could be more thorough. recall that one party owned the whole property, divided it, and sold part. The divider had the use, and wants to continue it or expand it to the adjoining parcel now owned by another. So, who owns this property, the one who had the use or another? Has the use been maintained since before the division, or was it discontinued and now being reestablished? In Proj Desc, 3rd bullet, how is this relevant? In Analysis, 5th bullet, was the use continued or maintained? In Analysis, 6th bullet, a UP would not have been needed if the use were existing, nonconforming. Please clear up these matters by adding more detail. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. 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Thank you. 1 EAST _ _783.20' (R2) S, 89' 56' 53" E 740.40' (M) 30' BUILDING SETBACK LINE .w a �'a c^ .' •AT ,�., . is .. � r� �;� �1. ls• F�Y'�dC .Eikir .mil 3.¢y .'f' � r30' BUILDING SETBACK LINE -r, ,ON OW4 5 .�. 1VA fflAWWA IVAOWN 5.31 Acres Lu - ► ►�e" ♦� _ ► ►moi ��i 1— l� 30' BUILDING SETBACK LINE �3-5. 725.74' N 88' 11' 49" W (M,R) 845.83' (M) 845.79' (R) i I N 88' 00' W 879.00' (R2) I30.12- S 87' 37' 18" E 875.84' (R3). 875.89' (C) �C) S 88' 11' 50" E .(Rt ) _NOTES: C7') STRUCTURES, DUMPING, FILL MATERIAL, AND/OR i EXCAVATION SHALL NOT BE ALLOWED WITHIN THE NO DEVELOPMENT ZONE AS DEPICTED. 21 THE BUILDING SETBACK FROM THE SIDE OF THE PROPERTY LINES SHALL BE NOT LESS THAN 30 FEET. 3i FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS AND MOBILE HOMES, NFPA STANDARD 13D, UNLESS A PRESSURIZED COMMUNITY WATER SYSTEM, WITH HYDRANTS THAT MEET FIRE DEPARTMENT SPECIFICATIONS, SERVES THE PARCELS. 4)j THE SHERIFF'S FACILITIES IMPACT FEE SHALL BE PAID, PURSUANT TO THE PROVISIONS OF CHAPTER 3, ARTICLE II OF THE BUTTE COUNTY CODE, PRIOR TO THE ISSUANCE OF BUILDING PERMIT. SAID FEE AMOUNT SHALL BE DETERMINED AND CALCULATED AS OF THE DATE OF APPLICATION FOR BUILDING PERMIT. 5) ONLY ONE PERMANENT DWELLING UNIT SHALL BE ALLOWED ON PARCEL 2, AND NO ADDITIONAL RESIDENTIAL DWELLING UNITS SHALL BE ALLOWED'ON PARCEL 1: NO WATER WELL MAY BE LOCATED WITHIN 100' OF THE USABLE SEWAGE DISPOSAL AREA AS SHOWN. 7) DEVELOPMENT OF THESE PARCELS MAY REQUIRE PAYMENT INTO THE WATER TENDER FUND. 8) LIMIT SOIL WORK TO PERIODS OF DRY WEATHER BETWEEN APRIL 15 AND NOVEMBER 15 UNLESS AN EROSION CONTROL PLAN IS PREPARED BY A CIVIL ENGINEER OR OTHER QUALIFIED PROFESSIONAL AND APPROVED BY THE PLANNING DIVISION. MULCH PROTECT, HYDRO -SEED, OR OTHERWISE- STABILIZE THE SOIL ON ALL AREAS THAT HAVE BEEN DISTURBED OR HAVE BEEN CLEARED OF VEGETATION AND ARE OF ERODIBLE MATERIAL. 9) CONSTRUCTION, INSTALLATION OR DEVELOPMENT OF STRUCTURES OR FACILITIES ON THE PARCELS SHALL COMPLY WITH THE LATEST CALIFORNIA FIRE SAFETY 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. 10) BUILDING IDENTIFICATION AND/OR ADDRESS SHALL BE INSTALLED IN CONFORMANCE WITH PUBLIC RESOURCES CODE 4290 AND SHALL BE POSTED AT THE BEGINNING OF BUILDING CONSTRUCTION AND MAINTAINED THEREAFTER. THIS ADDITIONAL MAP SHEET IS FOR INFORMATIONAL PURPOSES ONLY DESCRIBING CONDITIONS AS OF THE DATE OF FILING, AND. IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. ADDITIONAL MAP SHEET PARCEL MAP LOT 160 OF O.W.F.L UNIT NO. 5 Filed in Book 8 of Maps, Pages 37A & 38A 18. T. 19 N.• R. 5 E. MDB&M Butte WUht%' Oallfarnla For L eroy Berry BBA ENG/NEEfI/NG COAL EN 2060 Pork Ave. Oroville, CA 95966 (530) 534-1911 FAX (530) 534-0908 10/98 BBA -97015 A.P. NO. 72-07-019 - Sht. 3 of 3 shts. 43001< lL16 /0F}GE- -3-2- January 21, 2004 Cal and Denise Conley 5961 Indian Avenue San Jose, CA 95123 . LAM=� offs '®ung LAND OF NATURAL. WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-$397 ,TELEPHONE: (530) 538-7601 FAX: (530) 538-7785. Re: Application completeness — Use Permit 04-14' APN 072-070-020 & 072-070-021. Dear Mr. Conley, Thank you for the submittal of the above referenced application. The project application, site plans, and related items have been reviewed by County Agencies in order to determine if the application is complete and contains the information necessary to process the request. Your application has been deemed incomplete at this time. Specifically, the additional information is required before the application can be accepted as complete: 1. Provide site plan that reflects current use and impacts (grading) on the property. There is concern with regard to earthwork that has occurred on APN 072-070-021 that is in conflict with the recorded Tentative Parcel Map. The areas of concern are the septic disposal area on the south east corner and the no development/disturb area along the drainage area. Because your project has been deemed "incomplete" no additional processing of your application will occur until the required information has been submitted to and approved by Butte County Animal Control and Butte County Environmental Health Department. Please revise the site plan per the above requirements and resubmit 35 copies. Please contact me at (530) 538-7376 before making copies of the revised site plan. Sincerely, Mark Michelena Associate Planner 7' Butte County Department ofDevelopment Services 1JT TF YVONNE CHRISTOPHER, DIRECTOR o 0 0 0 0 0 7 County Center Drive o --• - o Oroville, CA 95965 0�-'�°� o (530) 538-7601 Telephone C�UN�y (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING January 20, 2004 Cal and Denise. Conley 5961 Indian'Avenue San Jose, CA, 95123 Re:. Use Permit, UP 0414, 072-070-020, -021 Dear Mr. Conley:. In an effort to keep our customers informed, we are notifying all applicants of their current status and assigned planner. This is to inform you that Your project has been assigned to Mark Miche'lena and he can be reached at 538-7376, between 8:00 a.m. and 4:00 p.m. Your project is tentatively scheduled for April 22, 2004.. Should you have any questions regarding your application, please call the planner listed above. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Cc: Brant Nightingale/Designs BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT August 12, 2004 Applicant: Cal Conley Planner: Carl Durling, Associate Planner File #: UP 04-14 Location: On the eastside of Miners Ranch Road,' approximately 0.4 _miles south of SR -162, at 6.21`0 M%icer Ranch Road, east sof Oroville::r._ Request: Use permit to allow the Parcel Size: `w"10.9 acres expansion of a nonconforming storage business for boats and Supervisor 1 recreational vehicles. District:"�` G.P.: Low Density Residentiail:� -Attachments: Zoning: A -R (Agricultural Residential) -= A: General Plan/Zoning Map B: Letters APN: 072-07`0=021 C: Site Plan D: TPM Staff Report EXECUTUVR.'SUMMARY The project proposes=�tosallow an expansion of a boat storage facility. The parcel in question was part of a Tentative Parcel Map that was approved on June 9, 1998, and recorded February 2, 1999. Prior to the split, an existing storage yard, including boats and recreational vehicles, existed. It was determined to be a legal nonconforming use for the storage. The question is where the legal nonconforming use was established on the original parcel and whether or not it existed on the newly created parcel, 072-070-021. Staff is recommending denial of the proposed Use Permit (UP 04-14). Should the Planning Commission wish. to approve the project, staff recommends that direction be provided to staff to. ■ Butte County Department of Development Services ■ Planning Division ■ ■ Conley UP, 04-14 ■ Agenda Report ■ August 12, 2004 ■ Page 1 of 3■ 2525 Dominic Drive, Suite J Chico, CA 95928 (530)891-2882 (530) 891-2878 Fax W. James Wagoner Air Pollution Contr_71 Officer Robert McLaughlin Asst Air Pollution Contnl Officer BUTTE COUNTY January 16, 2004 i 9ESELOPME ]T Mark Michelena, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: Cal and Denise Conley, Use Permit UP 04-14 Dear Mr. Michelena: The District has reviewed the Use Permit to allow the expansion of a nonconforming boat storage business located. at 6210 Miners Ranch Road, Oroville. Based on the information submitted the District recommends incorporating measures to control fugitive dust emission from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact the District at 891-2882.- Sincerely, 91-2882. Sincerely, Gail Williams Air Quality Planner File No 3452 t:\apps_files\eir\bcup0414.doc CJ January 13, 2004 Mark Michelena, Associate Planner Butte County, Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95966-7785 Subject: Opposition to Use Permit Application Ref: Parcel 4072-070-021; Location: Miners Ranch Rd. between " BUTTE COUNTY JAN 15 2004 (DEVELOPMENT SERVICES Mt. Ida & Highway 162 Butte County Zoning: Agriculture Residential with a "No Disturb Zone" We oppose e the requested change in the designated status of Parcel # 072-070-021 currently zoned AR with an area of "No Disturb Zone". Butte County should deny the property owner's application for the following reasons: 1. Incompatible Use: A House Boat Storage Facility and attendant uses (discussed later) defeats the existing Butte County Zoning of AR and nearby zonings of AR, PAC (Planned Area Cluster), and C-1; downgrading conditions for existing homes and property values that defend upon the present zoning specifications. 2. Violation of land excavation and filling limitations: Prior to applying for a change of use permit, extensive excavation (est. several 1000 yds.) was completed without permit violating Butte County code. (see foot note 1.) 3. Violation of Butte County "No Disturb Area" designation by extensive earth movement, filling and grading creating area for House Boats. 4. Hazardous Road Condition. Moving huge "Extra Wide Load" house boats onto and off Miners Ranch Rd. at parcel # 072-070-021 is dangerous. Log trucks, gravel trucks, highway trucks and automobiles will be blocked on Miners Ranch Rd. 5. Industrial/Manufacturing use violation of County zoning; conducting a business of Repairing and Rebuilding House Boats has continued on the property for more than two years; a business that requires Industrial or Manufacturing zoning. The impact has been: machinery noise, heavy hammering, sand blasting, diesel motors to power the welders and compressors, etc.; and, sand blasting dust. Operations regularly occur during weekdays, weekends and late into the evening. Notably, if applicant had not performed the illegal excavation and encroachment on the "No Disturb Area" the proposed House Boat Facility would most probably not be feasible! The House Boat Storage and Repair business has operated on the subject property for more than two years prior to submitting application for permit. In reality there has been multiple County Code violations. The business could not have operated without performing excavation in violation of Butte county code. Based on past actions, we believe there is intention to resume "industrial work"! Alternatively, priority should be placed on undoing or repairing of the property damage that has resulted. As residents, citizens and property owners, we rely on Butte County Planning to maintain' the standards of zoning set forth thereby protecting both quality and economic values of real estate we own. Your consideration of the points of above will be appreciated. Please feel free to call at any time. Sincerely Mr. & Mrs. Roger L. Bailey 6322 Miners Ranch Rd. Oroville, CA 95966 0 DEPARTMENYOF DEVELOPMENT_ SERVICES PLANNING DIVISION LAl~Co 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 ®E. 2 9 2003 FAX: (530) 538-7785 �)rovffie, Oawornia c JAI SERVICES TO: LAFCo FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021 DATE: December 23, 2003 091 ooi The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit application to allow the. expansion of a non- conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: 1 ZONING: A -R (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to Janury 8, 2004, please call Mark Michelena at (530) 538-7376. You do not have to. respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission COMMENTS: (Please be specific. Letters or additional comments may be attached):, Z Q4�[ �utwv�o 1 o�%.I /\f6 AW 40-r elv.f g. Orov;((A E S 0 S, orov,lh 14. S. t>. By: S Lv ci f Date: /-f -of 7. S FH/PA (Dwo) t. C-Sh M January 8, 2004 Brand Nightingale/Designs 6457 Skyway Paradise, CA 95969 • Y - ffaffe Co LAND OF NATURAL WEALTH AND BfEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE. • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Application completeness — Use Permit 04-14 APN 072-070-020 & 072-070-021. Dear Mr. Brand, Thank you for the submittal of the above referenced application. The project application, site plans, and related items have been reviewed by County Agencies in order to determine if the application is complete and contains the information necessary to process the request. Your application has been deemed incomplete at this time. Specifically, the additional information is required before the application can be accepted as complete: 1. ' Provide site plan that reflects current use and impacts (grading) on the property. There is concern with regard to earthwork that has occurred on APN 072-070-021 that is in conflict with the recorded Tentative Parcel Map. The areas of concern are the septic disposal area on the south east corner and the no development/disturb area along the drainage area. Because your project has been deemed "incomplete" no additional processing of your application will occur until the required information has been submitted to and approved by Butte County Animal Control and Butte County Environmental Health Department. Please revise the site plan per the above requirements and resubmit 35 copies. Please contact me at (530) 538-7376 before making copies of the revised site plana Sincerer Mark Michelena Associate Planner DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAY: (530) 538-7785 TO: CDF FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021 DATE: December 23, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non- conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: 1 ZONING: A -R (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to Janury 8, 2004, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission COMMENTS: (Please be specific. Letters or additional comments may be attached): By: �! a �/L Date: BUTTE COUNTY STANDARD CONDITIONS FOR . USE PERMIT APPLICANT: Cal and Denise Conley AGENT: Brant Nightingale/Designs FILE #: UP 04-14 DATE: 12/15/2003 APN: 072-070-020, -021 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non -conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. `1 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. _ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into. the Battalion water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing feet, hydrant size inches, and residual fire flow L&&,tpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. _ 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ _ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. _ 8. Provide an all weather access 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. _ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Revised 8/13/03RT DEPARTMENYOF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 5387785 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021 DATE: January 7, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application. PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non- conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: 1 ZONING: A -R (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to January 5, 2004, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): 1. Proposed boat storage area appears to include no development zone in violation of map recorded in Book 146 of pages 80/82. 2. Public Works conditions, as marked, apply. 3. Lease of a portion of the property to Berry for storage will require the filing of a Parcel Map or. Subdivision Map. By: Date: • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Cal and Denise Conley AGENT: Brant Nightingale/Designs FILE #: UP 04-14 • DATE: 12/15/2003 APN: 072-070-020, -021 PLANNER: Mark Michelena PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non -conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS XX 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. _ 2. Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 3. Prior to the issuance of, building permits submit road and drainage improvement plans for the installation and construction of the street frontage. improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. XX 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the Miners Ranch Rd. frontage of parcels 1 & 2, except at approved access points. B. DRAINAGE XX 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. _ 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS _ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on Completeness of Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021. DATE: January 6, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application. PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non- conforming boat storage business. ' Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: 1 ZONING: A -R (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to January 5, 2004, please call Mark Michelena at (530) 538-7376. You do not have to respond.to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission. Michelena, Mark From: Wannenmacher, Felix Sent: Monday, December 29, 2003 2:39 PM To: Michelena, Mark; Christopher, Yvonne; Baker, Joseph Cc: Miller, Gloria Subject: Conley Application (UP 04-14) A#03-528 Hi Mark, Yvonne, and Joe, Since we are dealing with an existing nonconforming use, the first determination has to be whether we are willing to continue to let it exist, making expansion possible, or whether we want to terminate it. Here, the applicant has already expanded it. However, we may wish to make our own determination, especially since we do not need to grant the expansion. Next, although it is difficult to tell exactly, it appears that the nonconforming use is on one APN, owned by someone elc-e, and it is being expanded to another APN, owned by the applicant. Expanding on the same parcel is one thing, but expanding to another seems to be something different. We may still find that it is appropriate. But someone in the department should make the determination before you begin processing the application. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachme Its, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. INTER-DEPARTMEN tAL REVIEW COMMITTEE (CONT'.D) JANUARY 7, 2004 3. Lee Locatelli, COR 04-02 (APN: 027-010-009 et al.) Planner: Dan Breedon Review Type: Completeness of Application Map correction to remove a condition requiring reconstruction of Dunstone Drive for the Locatelli Subdivision recorded in Map Book 130, pages 3 through 6. The project is located on the west side of Dunstone Drive, approximately 4,000 feet. north of Grubbs Road, east of Palermo. 4. Cal and Denise Conley, UP 04-14 (APN: 072-070-020 and 021) Planner: Mark Michelena Review Type: Completeness of Application Use Permit application to allow the expansion of a non -conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area. The property is located on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville. 5. Review TPM standard conditions. Discuss re -writes. 6. Condition Writing. DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 EnvkonmV al H081th DEC 2 4 2003 Oroville, Ca TO: Environmental Health FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021 DATE: December 23, 2003 BUTTE �OUNTV The Planning Division has received a project application as described below. This application. is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non= conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred ori the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: 1 - ZONING: A -R. (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to Janury 8, 2004, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission . COMMENTS: (Please be specific. Letters or additional comments may be a ached): a By: CEJ D - Date: 0 2003 Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers Chico, CA 95926 Chico Land Rights Office 530/894-4423 FAX 530/894-4414 BUTTE COUNTY DEC 3 0 2003 . DEVELOPMENT December 29, 2003 SERVICES Mr. Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Use Permit-(Conley) File: UP 04-14, APN: 072-070-020 & 021 Dear Mr. Michelena: We have reviewed the subject site plan. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project.will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: UP04-14.doc) Department. of Development Services INTER -DEPARTMENTAL REVIEW (IDR) COMMITTEE DATE/TIME: Wednesday, January 7, 2004, at 1:00-3:00 p.m. LOCATION: DDS Conference Room A, 7 County Center Drive, Oroville, California AGENDA CHICO 1. Stephen J. Schuster, TSM 03-01 (APN: 047-710-001) Planner: Dan Breedon Review Type: Completeness of Application Tentative Subdivision Map to create 119 residential parcels, including open space per North Chico Specific Plan Requirements. A community sewage disposal system and community water system is proposed. An approved development agreement is associated with this property. The project is located north of Chico and west of the Chico Airport on the west side of Hicks Lane, approximately 3,000 feet south of Keefer Road, in the north Chico Specific Plan area. OROVILLE 2. Harry D. and Patricia Hill (APN: 062-200-068) Staff. Michael Hord, Public Works Dept. Review Type: Review parcel creation for possible Subdivision Violation and suggest course' of action. BALD ROCK AREA Issue: Possible Subdivision Violation by Harry D. and Patricia M. Hill for property located a- the intersection of Bald Rock Road and Star Bright Lane, Bald Rock area. Land Development Divison is asking for your recommendation as to what action, if any, should be taken to determine if the current owner of APN 062-200-068, Robert D. Hill, must record a Parcel Map. Subdivision Map, or Certificate of Compliance in order to sell said parcel or obtain a building permit. Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7604 Page 1 of 2 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 FROM: Mark Micheleria, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Cal and Denise Conley, Use Permit - UP 04-14 APN: 072-070-020,-021 DATE: December 23, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit application to allow the expansion of a non- conforming boat storage business. Expansion has already occurred. There are also issues with grading that have occurred on the property, including fill of a drainage area PROJECT LOCATION: on the east side of Miners Ranch Road, approximately 0.4 miles south of SR -162, at 6210 Miners Ranch Road, east of Oroville County Supervisor District No: -1 ZONING: A -R (Agricultural -Residential) GENERAL PLAN: LDR (Low Density Residential) If a response cannot be submitted prior to Janury 8, 2004, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 4/22/2004, before the Planning Commission COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: "DRAFT" LEAD IN SHEET FILE NO: 0 u- I q AP# n 112 -010 - 020 D O 21 APPLICANT: L 62 Z2 Z e V OWNER: REPRESENTATIVE: Clt L a'' Cot c. in annlicatinn) FTNAT. RFOT TF.4T- (tn he filler] out by nroiect nlanner) + I�-7a.-o-to-dao U.i3Z SIZE: —1!5 , (2c( -es 07d-- 070 02-1 Go.441 A-r- SUPERVISORAL DISTRICT # lfn EXISTING ZONING: 1-\-k GENERAL PLAN DESIGNATION: d PL Date Application Received 1 S D 3 Date Project Assigned I, O 7 30 Day Complete % J/H %()k Preset Hearing Date i I O q l /0 "710 PLANNERS INITIALS BUTTE COUNTY DEC 9 2003 %aEVE5.OP k.iii°'n County Offices and Cities: Chief Administrative Officer X Develop. Services Director X Environmental Health X Assesor Sheriff BCAG _ X LAFCoj Air Quality Mgmt. Biggs _ Gridley XOroville _ Paradise Information Systems Dept. _ Animal Control X County Counsel Irrigation District: Butte Water —Biggs/W. Gridley Water OWID — Paradise Irrigation —Table Mountain Irrigation — Thermalito Irrigation Domestic Water Butte Water District _California Water Service Co. _ OWID —Thermalito IrrigationDistrict Sewer Butte Water District _ Themalito Irrigation _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation Durham Area Recreation Paradise Recreation & Park _ Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville _ Viacom Cable TV State Agencies CalTrans (Traffic) Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation = Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Community Association _ Drainage _ Butte Env.l Council _ Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _ Butte Ck. Watershed Conservancy _Mosq. Abatement. Oroville/Butte Co X Public Works Director Building Manager ALUC . . Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission Durham Irrigation _ Richvale Irrigation Other Del Oro Water Co. Other — Sterling City Sewer Main Feather River Rec. & Park Pacific Bell . Dept. of Fish and Game _ Highway Patrol _ Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts �C 0/Lo ✓cG�t3 v,�i�o� �G-fi �o O(kccc EZoeNrN e� K:\Planning\Forme.\DISTR.wr 2 -9, 4? iii'2 to -5t 7p A-3 -YcC7— 1 . III 41 ,S� �1F,� 4 ♦v.. _ Pa ,tk •�t �t � �; " x. � 7 t �" i � Yt. ,��1 • fit IL IJ- '�f� llf, t « �Iyt `'i�}•, , .I�r t ��n: .G`• wf y' � f; nj i}*,��- - SPS. CerraServer Image Courtesy of the USGS 6 1b 9/14/0 1:39 PM Send To Printer Back To Ter-aServer Change to 11x17 Print Size Show Grid Lines Change to Landscape MUSGS 21cm SE of :)roville East. California, United States 18 Au 1998 +�, �. '7 yyy fit. •� C«s� a _, 4 Y-14. jO . 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