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HomeMy WebLinkAboutUP06-14FILE NO.: PROJECT TYPE: APN: APPLICANT: ADDRESS: PHONE: OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT SUMMARY SHEET UP 06-14 Use Permit 065-171-043 Don Sakal 14664 Skyway, Magalia, CA 95945 530-873-5098 Don Sakal 14664 Skyway Magalia, CA 95945 6-Salc-a.( @sb C -g Lot�0-(.nL-f Nick Trover 1411 N. Cherry St..Chico, CA 95926 PROJECT DESCRIPTION: A medical.clinic in the Magalia area. F73 -1J (o (a (�5c SIG ) 9 -7 � -nl F` LOCATED:. On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). PROPERTY ZONED: AR -2-1/2 (Agricultural -Residential, 2 -1/2 -acre parcels) GENERAL PLAN DESIGNATION: AR (Agricultural Residential) TOWN/AREA: Magalia 1. Application accepted: 4/18/2006 Amount: $ 3752.50 Receipt #: 450071 2. Assigned To: Mark Michelena 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner. CDF, Building Manager, County Counsel 4. Sent to Inter -Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 5/10/2006 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse N Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other 11 12 13 14 15 16. 17. 18. 19. 20. 21. Staff Recommends: Approval Denial Date Notices Mailed: Neg Dec. Hearing Number of Notices: Newspaper Publication Date: Neg Dec. Hearing O C Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type Use Permit, Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes _ Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy of Use Permit to GIS: P G B No III -1- U:i UU UJi :J tO P=U DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to berovided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 0aGT -1- i ADDRESS: STREET, CITY STATA, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) Owl ��� CA ' .EJT'-L I E-MAIL: TELEPHONE: . ee ,% % CC77- cam, a,@ NAME OF PROPOSED PROJECT (if any) 5'.'fw/ Cl��t `L LOCATIONOF PROJECT (major cross streets and address, if any) �b / �� .,r.. .a.. :�a.:t•': '+".(�Y!r:�,'"',i•?,!Y:a: =�{; 1iii�f �F�:. 'wY4.•.ii:�'• '�'+ �:7'•i:, S "1 • :1 �l 'i' �: .: ,+. ,, r.., .,.+o5i .�...__ ._ ���%^iT1►TT�l++i��Y.:T[7►T�L::>C1.1.{�1 �:�Yl ILV �.M'.i�i:�'1::��litltn��ll.`�. _..._ ���`��: r:,.:.�-.��-. :''�.�'.:: .. ���•n .�.- �._� OWNER'S NAME: ADDRESS: ZONE ` GENERAL PL N EXIS'T'ING LAND USE AA -h_ 1 14 /? I sFR EXISTING STRUCTURES (in square feet) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED [✓] PROPERTY IS OR PROPOSED TO BE ON SEPTIC GENERAL PLAN AMENDMENT ❑ REZONE [USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT TELEPHONE: _ (710) 873 - s0l CITY, STATE, & ZIP CODE: �:]SITE SIZE (in square feet or q, V c r eS DPOSED STRUCTURES (in square feet) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER (� PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) 'tti� BUTTX AFAR 1 6 ZUU5 I CERTIFY THAT I AM PRI3SENTLY THE LEGAL OWNER OR THIS AUi'HORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PRUrhK l Y. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: J 06 SIGNATURE: �o K:IPORMSTI ANNING FORMSWPPLICATION FORMMUNIFORM APPLICATION.countemopy.doc Page I of .s( (G i 13'0'P vv P-+-v-tP D,clicol(a ss� �j uft-ehr�f PDc aN�l�f6il {� GGJ f cP NU i u � ` N(J n!L Rpr 05 06 0b: bba - p..'/ - • 0 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: "A A Phone Number LON) i7l?_- Print Name ChiProms. S> Ch,L 424 5 S" 1Z 6 - Mailing Address is hereby authorized to process the application for Aa^nV Ss►/cG on my property, identified as Butte County Assessor Parcel Number (APN) U 6 i - 7 I -Oy 1 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) D0.7s/d SA/,r4/ Print Name /�, A V ,N.441 Signature ;ct and/or Engineer: .f Print Name of Architect/Engineer Mailing Address FOR OFFICE USE ONLY Print Name Signature Phone Number (f 0 Verify: Date Received: n f (`� Total Amount Received: `3, 7 f- Z O ❑ AP Number(s) - ❑ Legal Description ❑ Owners Authorization ❑ Zoning Requirements ❑ Project Description �� ❑ Copies of plot plan Taken by: er !meq 7 Receipt No. c� �—do 71 PW/LD 1�1 G Pl `Z�-O � E.H. CDF T NOD/NOE Fees AG. 52,63 ❑ Archaeological Resources Project Review Fee $60.00 (paid by a separate check, necessary for all discretionary land use projects requiring an environmental review, made payable to the Northeast Information Center) Payment of the currently required Application Fee and/or Deposit (any unused portion of a deposit) will be returned upon final action. 52, 2c>�� Current fee for this application is 7 57as of 917?q Make check payable to "Butte County Treasurer". Revised It27/05 KAFORMSIPLANNING FORMSIAPPUCATION FORMMUNIFORM APPLICATION.counwrcopy.doo Page 2 of 3 Rpr 05 06 US:bja � � p.2 USE PERMIT APPLICATION PACKET CHECKLIST 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 1. E 9'Complete a Pre -Application Review with the Environmental Health Division for on- site sewage disposal requirements for the proposed use. The Environmental Health Division charges a $202.00 fee for this review. (This fee will be applied towards the $404.00 Environmental Health Division fee required afthe time of application submittal). 2. P � nmi, s A completed, ed, Uniform Application and�Enviroental 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 accepted unless signed by the owner or authorized agent. .3.. 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) 4. Thirty-five 35) copies of plans which shall include a detailed site pian drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" x 36". The finished plans shall be folded to 8 '/2" x 11". The detailed site plan must include: a. ❑ Name and address of Applicant, Engineer and/or person who prepared the plan b . ❑ Property lines, and lot dimensions P C. `❑ Assessor Parcel Number(s) and the street address. d. Ll Cl Proposed use and/or uses of the .property. e. ❑ .Proposed landscaping plan, if applicable. f. ❑ 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). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 F1 pi- U:r UU UU i UUo ;J 5 g. []/ ❑ Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. 1�, [� ❑ Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees.* 1. [� ❑ 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 V = 20', with a north arrow preferably oriented to the top of sheet. k, ❑ All plans must be clear and legible. 5. ❑ ❑ One copy of 8'/i' x I V transparency reduction of the detailed site plan. 6. d ❑ A vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the followinghecked items will be required to be submitted at the time of application: (optional) 7. ❑ ❑ 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 this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 8. ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 9. ❑ ❑ Building materials on a sample board, 8 V7" X 11 ". 10. ❑ ❑ Detailed site plan including the following: a. ❑ ❑ Building setbacks from the ultimate road right-of-way (front, rear, sides). b. ❑ 0 Proposed and existing on-site driveways and/or roads. c. ❑ ❑ Location, height, and materials of walls and fences (sections may be required). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 Hpr U5 U[i Uy: b:ia 0 d. ❑ ❑ All driveways, drawn to scale, on adiacent and across the street properties within 100 feet of the subject site. e. ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within_ 100 feet of the site, on adiacent 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. I, ❑ ❑ Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply- j. upply. j. ❑ ❑ Existing and nearest fire hydrants. k. ❑ ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. ❑ ❑ Internal circulation pattern. m. ❑ ❑ Elevation contours, at a minimum per USGS maps. 11. ❑ ❑ Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) 12. ❑ ❑ Conceptual Grading Plan Items to be shown include: a. ❑ ❑ Natural areas to be preserved. � b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 T Y Hpr Ub Ub UU:b4a p..b c. ❑ ❑ Existing and proposed contours within 100 feet of project boundaries. 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. 1. ❑ ❑ Location, elevation and size of proposed building pads. 13. ❑ ❑ ' 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 may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Dm' -4w Applicant/Repres ntative Signature: Planner eceiving Application K\FORMST ANNING FORMS\usepermitchecIdistdoc Revised 2/1/05 Date: H -6-o6 Date:- 2cc7� IF INSLIMCMNT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION " BUILDING " PLANNING MEMORANDUM TO: X Planning Division X Public Works Department X Land Development Division X Environmental Health Division X Cal Fire/Butte County Fire Dept. ti FROM: Mark Michelena DATE: April 7, 2011 PLEASE RESPOND BY: April 14, 2011 PROJECT NAME: Don Sakai AP: 065-171-043 PLANNING FILE NUMBER: UP 06-14 The applicant has requested a minor modification request to the approved use permit. He is proposing to expand is Medical Clinic by adding a 315 square foot "On -Call' Room. I have attached a copy of the floor plan and site plan showing the proposed addition. Planning Division is .requesting a minor modification determination. Please review this request and either verify below that the minor modification is consistent with the application, fees and mitigations, as reviewed and approved by your Department / Division or determine the request is not consistent requiring a Planning Commission hearing to act on the proposed change. Comments from this Division: Please make a determination if the proposed change is considered a minor modification. Comments from responding Division: WE5 41&r 4AP"n- V41f— ,�, c3c Ofr F�c,�.✓S go G1e"Trwnw �gst2m , ijowe"um 31S SF (D C - o,qs ouCYL Y 9 A n` . "V At P4046 (_ / r QGC^1E0 /.vcttwc iN OC��C FLui,.. QUNaP� NOT CONSISTENT CONSISTENT BY DATE Planning: Public Works: %4e i /e/Lr Land Development: mss. y/7J,I Environmental Health Fire Dept.: 2 s • USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 06-14 PERMIT NO. 065-171-043 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Don Sakal is hereby granted a Use Permit for an approximately 2,400 square foot medical clinic. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. w - Conditions of Approval: Planning Division: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. (??) 2. Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit: and site development plans. , Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building' inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, 2 .i 0 0 etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. 6. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 7. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works 8. Prior to the issuance of building permit, obtain an encroachment permit(s) and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 9. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. D w • • Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 10. MitiEation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291 prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. 11. 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. 12. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 13. Contact Butte County Fire Marshall at 538-6837, extension 166 for permit and fire inspection. Environmental Health Division 14. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous, Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. 4 0 Monitoring: Department of Environmental Health shall respond to possible violations. 15. Must install septic system under permit from Environmental Health. Building Division 16. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. County Counsel 17. 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 indemnify the County of Butte 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. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: o711,s1oL©o7 NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte ounty Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office • NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044) Sacramento, CA 95812-3044 FILING NO. • FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 065 -171 -043 - Project Title: UP 06-14, Use Permit Applicant: Don Sakal, 14664 Skyway; Magalia, CA 95945 Contact Person: Mark Michelena Telephone Number: 538-7601 Project Description: A request by Donald M. Sakal to locate a medical clinic on a 4.87 acre property in the AR 2.5 (Agricultural Residential - 2.5 -acre minimum) zone. Project Location: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on November 30, 2006 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR. l; Butte County Department of Development Services QL[E 7 County Center Drive Oro i A D EC 13 1006 Charles Thistlethwai e, Development Services M=Tg� Planning Manager POSTEDQ THROUGH 3�T, .0 3 • • Mitigation Measures: Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of th-_ type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 3. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations,: including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resource: and determine appropriate action. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medicz.l and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. • C� DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Don Sakal 14664 Skyway Magalia, CA 95945 Project Title/File Number: Use Permit, UP 06-14 APN: 065-171-043 CLASSIFICATION, OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. ' ` NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee - 3. OTHER (Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # 450071 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: December 12, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 06-14, On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). Project Description: A medical clinic in the Magalia area. Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: _(P'A9V— Charles Thistlethwaite, Development Services Planning Manager Lead Agency: County of Butte Date: December 12, 2006 RECEIVED FROM 6 6 COUNT`/'OF BUTTE AUDITOR'S CERTIFICATE AND TREASURERS RECEIPT OROVILLE:, CA PLANNING BAG : 3'16 ATR NO 94313 DATE - 41/912966 FUND FUND -..-DEPT ACCT CASH DESCRIPTIONS TITLE CODE CODE CODE: CODE: AMOUNT DEPOSIT DATE: 4119 RECEIVED ON: 4118 RECEIPTS: 450057- 450079 PLANNING APPL FEES GENL 0010 440001 4210900 101001 4,080.001/ Project Number 025-21 MOB, 069; TESTEME i VAY TRUST, LLA 05-31 08£ 179-Q43; GRIVETTE CONSTRUCTION; UP 06-14 078-340-018, 04,ACTION.REALTY; LLA Q&32 , LAND DEVEL_0PMEN17' GENL., - 0010 Project Number 025-210-008, 009; TESTEMENTARY TRUST; LLA 00 -Fl- 005 - 8 -39 085-171.404 ;-40e.TTE-CONSTRUC-RON; UP 08-1.4 078 -340 -028;.029; -ACTION REALTY; LLA 08-32 Amount of Fee $ 555.QE1 $ 2,970.00 $ 555"00 440004 461.1.7tt0 .. 101001 Amount of Fee $ 359.00 $ 185.00 $ 359.00 -•ENIV31R9biMENITAL li1`T9-1 GENIL 0010 54 1 46149101 1010bi _ Prvject•.Number Amount of Fee 025-210-608, 009; T€STEMENTgRY TRUST; LLA 08-39 085-171-043; GRIVETTE CONSTRUCTION;,UP•06-14 078-34.0-028; 029;.AC-nQN REALTY; LLA 08-32•• FIRE PLNIG APDL FEE FIRE: PROTECT 0100 Project Number '. . Ods-2�0=tltlr$. t)tl�_TESTEIu7EiitTJ�RY TR�JS'frLl.� X6-31 065-171-043; GRIVETTE CONSTRUCTION; UP 06-14 078-34(1-028.029; ACTION REALTY; LLA 08-32 NODINOE CLERIC'S FILING FE GENiL () Project Number 065-171-043; GRIVETTE CONSTRUCTION: U1P 08•i4. AGRICULTURE AG FEE Project Number 025-210-008, 009; TESTEMENTARY TRUST, LLA•06-31 085-171-043; GRIVETTE CONSTRUCTION; UP 0&14 078-3413-028,029; ACTION REALTY; LLA 06-32 0010 0010 $ 288.00 $ 202.00 $ 288,:110 4617240 101001 Amount of Fee -77 $ 347.00 $ 54.00 470001 4612319 101001 Amount of Fee �$ 98.00 460W1 4612200 10001 Amount -off -Fee $ 32.50 $ 32.50 $ 32.50 TOTAL $ 88;3.00 774.00 4'55.00 36.00 97.50 6,.325.50 APPROVED BY: 1 RECEIVED BY: AUDITOR -CONTROLLER TREASURER ..vv ite=treasurer oink --auditor canarydepositor aoldenF le - LIN Cl • DSM REAR 0 7 2007 DEVELOPMENT SERVICES ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Don Sakal 14664 Skyway Magalia, CA 95945 A. X _ _ // ❑ Agent f(� ❑ Addressee eceived by (P 'nt Nam C. Date of Delivery T. cel << D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type J j3l�ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number �;•;--:700511820 0002 N1891 1655ii (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt " i , , 102595-02-M-1540 UNITED`STATES'POSTALe. .S • Sender: Please print your name, address, and ZIP+4 in his box • VSWT r: Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED My 11X COUNTY ' FEB 2 7 SERVICES • Butte County Department ofDevelopment Services Tim Snellings, Director www.buttecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING February 22, 2007 Don Sakal 14664 Skyway Magalia, CA95945 Re: Use Permit UP 06-14, APN 065-171-043 Dear Don Sakal: Enclosed is your validated Use Permit for a medical clinic on a 4.87 acre property in the AR 2.5 (Agricultural Residential - 2.5 -acre minimum) zone at 14664 Skyway in Magalia. Should you have any questions regarding this matter, please contact this office between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely tJYIG Yn Tina Bonham Commission Clerk enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) G.I.S. (1) Owner (w) Engineer (w) CERTIFIED RECEIPT Ln ..D .. ... r delivery information visit our website at o`OF �S.E' IT - FICIAL.' a 0 1 certified Fee ,.. Postmark 0 " Return Receipt Fee Hireb (Endorsement Required) ( O _. a .. Restricted Delivery Fee n — W (Endorsement Required) , J co Total r I E3 sem To Don Sakal c ry- e1 i 14664 Skyway ....... __ or! Magalia, CA 95945 " PS Form :00 June 2002 Butte County Departrnent ofDevelopment Services Tim Snellings, Director www.buftecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Don Sakai, UP 06-14 DATE: February 22, 2007 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as065-171-043, was: Rezoned from to zoning district. Granted a variance to X Issued a conditionalA request by Donald M. Sakai to locate a medical clinic on a 4.87 acre property in the AR 2.5 (Agricultural Residential - 2.5 - acre minimum) zone at 14664 Skyway in Magalia, AR-2-1/2,AR-2-'/2 (Agricultural -Residential, two and one -half -acre parcels). USE PERMIT FEB 2 3 2/) BUTTE COUNTY PLANNING COMMISSION FEB 3 2 2, DATE: (Certified Mail Rec.) UP 06-14 PERMIT NO. 065-171-043 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Don Sakal is hereby granted a Use Permit for an approximately 2,400 square foot medical clinic. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval.. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or. Public Works upon.receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 1 Conditions of Approval: Planning Division: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. (??) 2. Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. - The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining, dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, 2 etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. 6. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 7. 'Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Prior to the issuance of building permit, obtain an encroachment permit(s) and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 9. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 0 • Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 10. Mitigation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291 prior to issuance of a building permit. . Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. 11. 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. 12. Prior to building construction, provide 'an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 13. Contact Butte County Fire Marshall at 538-6837, extension 166 for permit and fire inspection. Environmental Health Division 14. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. 4 Monitoring: Department of Environmental Health shall respond to possible violations. 15. Must install septic system under permit from Environmental Health. Building Division 16. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of, building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Countv Counsel 17. 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 indemnify the County of Butte 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. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. 1 Dated: d—/6 -J-®o 2 NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. But County Planning Commission Chairman fl CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office 5 Postal CERTIFIED MAIL. RECEIPT ru, -D (Domestic Mail . a I For delivery information visit our website at o Postage $ f f1J p k • ' Certified Foe • �p �� x � Return RecelFt Fee x ` i ' a) (EndomemerdReq lred) ��� C3 f1J Restricted Delivery Fee (Endorsement Required) / CO rq Total Pc n'Sakal Ln sertro -`14664 Skyway E3 ,3 r` i* aGAl Magalia,-CA 95945 " ' - • .-,�,;-::a - or PO Bc, _-------- PS Form:.r June 2002 FILE COPY RESOLUTION NO. PC 06-68 9, A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 06-14 (Don Sakal) WHEREAS, the Planning Commission has considered Use Permit 06-14 to allow a medical clinic on Assessor's Parcel Number 024-160-030; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit 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 November 30, 2006; 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. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the Initial Study and proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Don Sakal, Planning Division File No. UP 06-14, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 through 7, as . detailed in the conditions of approval dated November 30, 2006. F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. 1 II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, isnot required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; conflict with any -local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve the Use Permit for Don Sakal for a medical clinic, UP 06-14, on APN 065-171- 043, subject to the following findings and the conditions found in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: A zoning code amendment (ZCA O5 -0S) is currently being processed by the County to conditionally allow medical and dental clinic and offices in the AR (Agricultural Residential) zone. With the approval of ZCA 05-05 the proposed medical clinic could be considered conditionally consistent within the AR zone. Conditions of approval and mitigation measures have been applied to this project review. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed clinic, up to 2,400 square feet, will be similar in size and design as surrounding residential and commercial uses in the area. The clinic and parking area will be located in an area so as to limit the number of trees to be removed. This will allow for the parcel to keep the rural feel of the surrounding area. Medical and dental clinics will provide necessary health services as well as "convenient service to area residents. " 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. All phases of the project can be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: . The nearest residential dwellings are located across Skyway. The clinic will be designed to be consistent in size with surrounding uses. 2 0 • 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is large enough (4.87 acres), has adequate area for the clinic and parking and the Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included seven mitigations.. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed medical clinic application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The project does not require the removal of any rare, threatened or protected species. The project will not impact any vernal pools. E. The proposed new clinic building permits will be applied for within six months of the approval of the Use Permit. DULY PASSED AND ADOPTED this 30th Day of November, 2006, the following vote: AYES: Commissioners Marin, Leland, Lambert, Wilson, and Chairman Nelson NOES: No one ABSENT: No one ABSTAIN: No one &9 --------------- CHUCK NELSON, Chairman Planning Commission County of Butte, State of California ATTEST: ..' e_e�'tL' C;e�' 46t� L RICHARDSON, Secretary Planning Commission County of Butte, State of California 3 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 06-14 PERMIT NO. 065-171-043 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Don Sakal is hereby granted a Use Permit for an approximately 2,400 square foot medical clinic. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature,shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 4 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the . Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. (??) 2. Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 3. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. 5 Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05; allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. 6. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 7. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 2 • Public Works 8. Prior to the issuance of building permit, obtain an encroachment pernlit(s) and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 9. Prior to the issuance of building permit, deed to Butte County in fee simple 40 feet of right- of-way from the centerline of Skyway along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. 10. Prior to issuance of building permits, relinquish abutter's rights of access to Butte County along the parcel frontage, except and approved access points. 11. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channels or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 12. Mitigation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291 prior to issuance of a building permit. Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. 7 0 • 13. 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. 14. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 15. Contact Butte County Fire Marshall at 538-6837, extension 166 for permit and fire inspection. Environmental Health Division 16. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. Monitoring: Department of Environmental Health shall respond to possible violations. 17. Must install septic system under permit from Environmental Health. Building Division 18. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. County Counsel 19. 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 indemnify the County of Butte 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. 3 E 9 I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it - waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office 6 P Ll • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING' PLANNING December 1, 2006 Don Sakal 14664 Skyway Magalia, CA 95945 Re: Use Permit, UP 06-14, AP: 065-171-043 Dear Mr. Sakal: At the regular meeting of the Butte County Planning Commission held November 30, 2006; your request for aA medical clinic in the Magalia area., on property zoned AR -2-1/2, (Agricultural - Residential, 2 -1/2 -acre parcels) and located On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway)., was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, December 11, 2006 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Mark Michelena at 7376 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 6Zchards;oqn Commission Clerk Ar kWetterss/meree letters/APPRDIMUP.dot E �7_ Butte County Department of Development Services TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING November 16, 2006 Don Sakal 14664 Skyway Magalia, CA 95945 Re: UP 06-14, AP: 065-171-043 Dear Mr. Sakal: Enclosed is a copy of the Agenda Report concerning your application for a A medical clinic in the Magalia area. on property zoned AR -2-1/2 (Agricultural -Residential, 2 -1/2 -acre parcels). The project is located On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway).. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerris. A public hearing has been set for November 30, 2006, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7376, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Enc. cc: Nick Trover Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot IL1p WtTi=LA KAIIUUE oLiolulinffo I YA'IT A 11ATAT1 October 27, 2006 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on November 30, 2006, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item. MITIGATED NEGATIVE DECLARATION/USE PERMIT Name: Don Sakal Project: Use Permit UP 06-14 Planner: Mark Michelena APN: 065-171-043 Zoning: AR -2-1/2 Location: On the East side of the Skyway, 650' North of Woodward. Dr. (14664 Skyway). Proposal: A medical clinic in the Magalia area. In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting October 31, 2006 through November 29, 2006, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. Written comments will be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. CEQA requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Mark Michelena, at (530) 538- 7376. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Paradise Post on October 31, 2006. Owner BAPTIST REV I V TRUST BARR ELWIN DUANE.JR & BARBARA R BENJAMIN ESTHER R FAMILY TRUST BEST GEORGE O BROWN RAY C & CARRYL W CROWELL LESLIE CURTIS FAYE F " DENNEY PATRICK D JR ETAL DIEGO KEITH JEFF & LISA M ELDRIDGE ARTHUR & MARILYN LIV TRUST EMMONS MOLLY K FEELGOOD ARTHUR (CB DVA) GARDNER HOWARD A & VERLA S (ESTATES OF) HAWKINS RON & SHANNON M HUDSON DUANE HUTTO CHARLES & MARGARET JENSEN JAMES & ZENOBIA JENSEN JANET & RICHARD TRUST JOHNSTON WILBUR & VALERIE KALLIGAS BONGSOO C MACHUTA FAMILY TRUST MASON CLAUDE F MILES RON & BROOKSANN MILLER REVOCABLE INTER VIVOS TRUST MORING TED & DELLA R ETAL MORRISEY ALBERT H & JUDITH A (CB DVA) NESS TRUST NORTON PAUL E & S GRINNELL PACIFIC TELEPHONE & TELEGRAPH CO PARSONS JULIE ROBERTS DAVID MATTHEW & CORINNE JT SAKAL DONALD M & LIJUN W SCHAEFFER TOM A & LISA VANDERMAELEN SCHOOF ROBERT A & MARGARET M SELBY NANCY C REV I V TRUST STONE CAROLYN Owner add 14645 SKYWAY 6372 HIDDEN LAKE LN P O BOX 784 6476 TIKKER P O BOX 777 2855 N COTTONWOOD #1 P O BOX 544 PO BOX 339 PO BOX 961 6318 HIDDEN LAKE LN 6356 HIDDEN LAKE LANE 63661 DID IT MY WAY 6465 TIKKER LN 164 JAY BIRD LN 14655 SKYWAY 6457 TIKKER LANE P O BOX 821 PO BOX 338 6468 ELMWOOD DR 6198 FIRETHORN CIR 13941 CHESTNUT CIR PO BOX 306 75 BURNHAM PL P O BOX 1105 P O BOX 251 P O BOX 1037 257 SUDAN LOOP P O BOX 1448 140 NEW MONTGOMERY 14709 LAFAYETTE CR 6476 ELMWOOD DRIVE 14130 SKYWAY STE H 14683 SKYWAY P O BOX 507 P O BOX 1005 P 0 BOX 1740 Citystzip MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 ORANGE CA 92865 MAGALIA CA 95954 BANGOR CA 95914 MAGALIA CA 95954 . MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 PARADISE CA 95969 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 FREMONT CA 94539 MAGALIA CA 95954 LOWER LAKE CA 95457 MAGALIA CA 95954 PACHECO CA 94553 MAGALIA CA 95954 SAN FRANCISCO CA 94105 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 MAGALIA CA 95954 PARADISE CA 95967 • WEBER NIKLOS ETAL WEBSTER VICTOR DALE & KATHIE WHEELER RICHARD WILLIAMS THOMAS H WINTERS HARVEY L & ANITA M TROVER NICK CD 6273 HARTRELL CIR MAGALIA CA 95954 14697 SKYWAY MAGALIA CA 95954 6467 GRANDVIEW AVE. MAGALIA CA 95954 6465 WOODWARD DR MAGALIA CA 95954 P O BOX 1547 MAGALIA CA 95954 1411 NORTH CHERRY ST CHICO CA 95926 11 i • �a MEMORANDUM, DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Time Spent: TO: Larry Painter FROM: Tina Bonham SUBJECT: 'REQUEST FOR EXHIBITS DATE: 10) up Project Name:_Do�� 4::�kt\D X File #: u . . APN(s):UQ5- 1-41- 04-3 (Attachments: Lead in Sheet) � k � LEAD IN SHEET FILE NO: UP 06-14 APN: 065-171-043 APPLICANT: DonSakal 14664 Skyway MagaliaCA95945 OWNER: Don Sakal REPRESENTATIVE: Nick Trover REQUEST: A medical clinic in the Magalia area. LOCATION: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). SIZE: 4.87 SUPERVISORIAL DISTRICT # 5 EXISTING ZONING: AR -2-1/2, ((Agricultural -Residential, 2 -1/2 -acre parcels)) GENERAL PLAN DESIGNATION: AR(Agricultural Residential) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Carl Durling Date Application Received: 4/18/2006 Date Project Assigned: 4/19/2006 IDR Date: 5/10/2006 ' 30-D4y Complete: 5/18/2006 UP 06-14 065-171-043 4 VICINITY MAP 4D s6 Rd• J it --kd Project Location X Lr) —J 1 Ig 0 bb Paradise UP 06-14 065-171-043 4 f "DRAFT" LEAD IN SHEET FILE NO: C9 �' l � AP# &i0-1 APPLICANT: OWNER:`yi REPRESENTATIVE:¢�c��(����`7.l/,�'f PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to be filled out by project planner) SIZE: LOCATION: A —.,qA SUPERVISORIAL DISTRICT #_ EXISTING ZONING: 62 2 b) GENERAL PLAN DESIGNATION: A.RICTNF.D PI.ANNERJ4.11/�", P1 114, t I van PLANNER'S INI LS Date Application ReceivedV11w6k, Date Pro'ect Assigned (WI& IDR Date Tentative Hearing Date KAP1anning\Forms\Lead In Sheet.doc BUTTE COUNTY APR 1 0 2006 DEVELOPMENT SERVICES COMMENT DISTRIBUTION LIST APPLICANT: L.O.A.P.U.D. _ Sterling City Sewer Main_ Drainage Districts: Sacramento & San Joaquin Drainage Dist. Drainage District 200 Reclamation District No. 2056 State Agencies: Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 CalTrans _ Dept., of Water Resources Federal Agencies: U.S. Forest Service _ Other Districts, Agencies, Committees, etc.: K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc Dept. of Fish and Game U.S. Bureau of Land Management PLANNING PROJECT DESCRIPTION: FILE NO.: DATE: AP NO: County Offices and Cities: Planning Division X Assessor's Office - Mapping — BCAG X Environmental Health City of Biggs ALUC Building Manager City of Chico APCD X LAFCa — City of Gridley Butte Co. Farm Bureau X Agricultural Commission City of Oroville Chico Airport Commission X Public Works/Land Dev Town of Paradise Chief Administrative Officer Fire Protection: X California Department of Forestry _ El Medio Fire Protection District Domestic Water: S.F.W & P. Agency (OWID) _ Butte Water District _ Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: _ PG&E North - Chico _ Pacific Bell Chambers Cable TV PG&E South - Oroville Viacom Cable TV Irrigation District: . _ Biggs / West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main_ Drainage Districts: Sacramento & San Joaquin Drainage Dist. Drainage District 200 Reclamation District No. 2056 State Agencies: Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 CalTrans _ Dept., of Water Resources Federal Agencies: U.S. Forest Service _ Other Districts, Agencies, Committees, etc.: K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc Dept. of Fish and Game U.S. Bureau of Land Management Butte County Department.of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 24, 2006 To: Subject: Applicant: Planner: APN: Location: 30 -Day Complete Date of IDR Inter -Departmental Review Committee Evaluation and Completeness of Application Sakal, Don, UP 06-14 Mark Michelena 065-171-043 On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). 5/18/2006 5/10/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 5/10/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting05/08/06, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: mmichelenammichelena@buttecounty.net). Signature: _ Department: Date: a K:/Planning/Projects/A New File/IDR Memos/lDR Completeness 8/30/05 LAND OF NATURAL WEALTH AND 3EAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 202 Mira Loma Drive 411 Main Street? County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 9:965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 53&7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 53%7785 FAX: (530) 895-6512 March 28, 2006 Donald Sakal 14.664 Skyway Magalia, CA 95954 RE: Pre -Application for Use Permit, 14664 Skyway, APN 65-171-043 Dear Mr. Sakal, This department has received and processed your pre -application for a Use Permit for a medical clinic at, the above-mentioned location. You have indicated that you will have three full-time employees, two part-time employees, and will see up to 20 patients per day. The clinic will be open Monday through Friday, from 9:00 a.m. to 5:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage disposal system sized for your proposed facility. You should be aware that you may be subject to Hazardous Material Management and Waste Laws and may wish to contact Mike Huerta in the Chico office of Environmental Health regarding this issue. Provided that the application and proposal presented to the Development Services Department conforms to the packet -you submitted to our office we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee, which will be $202.00. BUTTE COUNTY SPR 10 2��� DEV:ELOPINENT SERVICES it you nave any. turtlner questions or concerns please contact me monaay tnrougn rnaay, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist cc. Butte County Planning Nick Trover rlpr UU UU uua uua P. U Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIC) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for t 1 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall' bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for. the project as identified below has read and understood the Butte County Archaeological Resources Prosect Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $60.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $60.00 Records Search fee along with any related fees associated with non- payment (returned check charges, etc.) paid in full to NEIC. Applicant Signatt re /✓UnglW 64/9-4/ Applicant PRINTED Name Date q -13-o6 Check Number Planner, File Number K:1Arch Form Final.doc K:AFORMSTLANNMG FORMMAPPLICATION PORMSIUNIFORM APPLICASION.00uMaoapy.doe Page3. of 3 Hpr U5 U6 U5:b6a p.5 BUTTE COUNTY COUNTY OF BUTTE APR 18 2006 ENVIRONMENTAL INFORMATION FORM DEVELOPMENT (To be completed by Project Applicant) SERVICES GENERAL INFORMATION: 1. 2. 3. 4. Date Filed Name and address of owner, and/or developer, and/or project sponsor: ! W ffi y ��(r Mho'h AS C"J oeh StiAce'i W ifl'4 f Address of project: 614 9 My Assessor's Parcel Number: 01, - 17/ Oy3 Name, address, and telephone number of person to be contacted concerning this project: 4;�h '54*4 1 N11 ti/, e<ie � S7'. ('/ "W Cit IPS Z6 5-/1- i/,1) � List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: AR 6. Existing zoning district: 7. How is land currently used?�� 8. Proposed use of site (Project for which this form is filed): / med,�M lGr Project Description: 9. Site size: Y, '91 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: iCompact: 67 Total: /5 11. Plans attached: Yes V/ No 12. Proposed development schedule vvtAt°¢L 13. Associated 14. Anticipated incremental or phased development ■ Butte County Department of Development Services ■ Planning Division ■ 1 Apr 05 06 09:57a P-11 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 I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. '+4 S -a b " Date Signature k:\planning\forms\submittallenv.doc ■ Butte County Department of Development Services ■ Planning Division ■ 3 • BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Sakal, Don DATE: 4/18/2006 AGENT: Nick Trover APN: 065-171-043 FILE #: UP 06-14 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITr-I THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. Prior to the issuance of building permits, obtain an encroachment permit and improve all new ar_d existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ❑ 2. Prior to the issuance of building permits, deed to Butte County in fee simple feet of right-of-way from the centerline of along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement 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 County Improvement Standards. Improve parcel frontage to a street section on to an RS-_ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ 1. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall b-- submitted ?submitted to and approved by the Department of Public Works. The drainage plans shall detal existing drainage conditions and shall specify how drainage waters shall be detained or retained or>- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility an.] 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 flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodeti.; Vertical Datum of 1929) 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. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT Sakal, Don DATE: 4/18/2006 AGENT: Nick Trover APN: 065-171-043 FILE #: UP 06-14 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the- sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage diposal systems within a flood plain/floodway. 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. APPLICANT: SakalDon AGENT: Nick Trover FILE #: UP 06-14 BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT DATE: 4/18/2006 APN: 065-171-043 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Building Permits Required. Prepare # sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared,, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. ❑ 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. ❑ 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. ❑ 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. ❑ 8. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ I. Comply with the Uniform Building Code for property line clearances considering use, area and fire- resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 BUTTE COUNTY • APPLICANT Sakal, Don AGENT: Nick Trover FILE #: UP 06-14 STANDARD CONDITIONS FOR USE PERMIT DATE: 4/18/2006 APN: 065-171-043 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever -.s stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection :s required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map cr an additional map sheet stating that "Fire suppression sprinkler systems shall be installed 11 all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurize] community water system with hydrants that meet Fire Department specifications serves th? property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate .1 40,000 -pound fire apparatus to within. 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds April 20, 2006 TO: FROM: SUBJECT: ADMINISTRATION * BUILDING * PLANNING 400 Enter Agency or Department y Mark Michelena, Butte County Planning Division Request for Comments on a Development/Land Use Application APPLICANT: Sakal, Don Use Permit UP 06-14 APN: 065-171-043 DATE OF Inter -Departmental Review: 5/10/2006 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: May 8, 2006 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: May 25, 2006 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 5/10/2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: A medical clinic in the Magalia area.. PROJECT LOCATION: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway).. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: AR-2-1/2((Agricultural-Residential, 2 -1/2 -acre parcels)) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE -=APPLICATION COMPLETE: No (Please send response to Mark Michelena by May 8, 2006)- " Yes (Conditions/mitigation measures due by May 25, 2006) Documentl • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR. 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 20, 2006 To: Subject: Applicant: Planner: APN: Location: 30 -Day Complete Date of IDR Inter -Departmental Review Committee Evaluation and Completeness of Application Sakal, Don, UP'06-14 Mark Michelena 065-171-043 • tCOpy On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). _5/18/2006 5/10/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 5/10/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: @buttecounty.net). Signature: _ Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 a BUTTE COUNTY PLANNNNING COMMISSION AGENDA REPORT, NOVEMBER 30, 2006 Applicant: Don Sakal Location: On the east side of Skyway, Owner Same 650 feet north of Woodward Drive (14664 Skyway), Magalia File #: UP 06-14 Parcel Size: Request: Use Permit to allow an Supervisor approximately 2,400 square District: foot medical clinic. G.P.: Agricultural Residential . Planner: Zoning: AR 2-1/2 (Agricultural Residential, 2-1/2 acre minimum parcel size) Zone Date: April 14, 1998 (Ordinance No. 3418) APN: 065-171-043 EXECUTIVE SUMMARY: Attachments: 4.87 +/- acres 5 Mark Michelena, Senior Planner A: Resolution with Conditions B: Vicinity Map and General Plan/Zoning Map C: Initial Study/Mitigated Negative Declaration, D: Site Plan This project is a Use Permit for an approximately 2,400 square foot medical clinic on the east side of Skyway, 650 feet north of Woodward Drive, Magalia. Approval of the Use Permit will allow re -location of an existing medical clinic (located at 14130 Skyway, Magalia) to continue to serve local residents. Staff recommends approval of the Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The applicant requests a Use Permit to allow a medical clinic. The applicant is proposing to re -locate an existing medical clinic to the project parcel. • The project parcel is currently developed with a single family dwelling, access driveways, well and septic tank. • The proposed project will use a septic tank and well. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 1 of 17 ■ • Vegetation consists of numerous Douglas fir; Pines, grasses/forbs and areas of uncovered soils. • The project site area has a gentle slope, which rises slightly from west to east. The elevation of the parcel is approximately 2,500 feet above sea level. • The property generally drains via surface drainage to the southwest. • The project parcel is located in an area that is zoned AR 2-1/2 (Agricultural Residential 2-1/2 acre minimum) and has General Plan Land Use designations of Agricultural Residential. • The project parcel is not located within a 100 -year flood zone, an earthquake zone, or an airport compatibility zone. ANALYSIS Land Use and Zoning • A zoning code amendment (ZCA 05-05) is currently being processed by the County to conditionally allow medical and dental clinic and offices in the AR (Agricultural Residential) zone. • The Planning Commission recommended approval of ZCA 05-05 at its October 26, 2006 meeting. The Board of Supervisors will hear the ZCA at its November 21, 2006 meeting. • With the approval of ZCA 05-05 the proposed medical clinic could be considered conditionally consistent within the AR zone provided the applicant presents information, including plans or other information that is substantial enough to make an informed decision (Butte County Code Section 24-45.10). • The proposed clinic is consistent with the following General Plan Land Use Element programs and polices: 3.3 Commercial Uses Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient service to area residents. Some offices and services can be compatible with residential uses if sufficient limitations and conditions are places on the business activities. 3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas. (Grammar remains as adopted.) The medical clinic will provide necessary health services as well as "convenient service to area residents. " 4.3 Commercial Services The purpose and function of commercial facilities relate directly to the marked demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 2 of 17 ■ • • 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. 4.3.c Designate sufficient land for commercial facilities to fulfill the needs for services and employment. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. The medical clinic will provide necessary public health services. Use Permit • The medical clinic currently operates approximately 1.8 miles to the south of the proposed project site. The applicant needs to relocate due to lease non -renewal and would like locate the clinic on the parcel where he lives. • The clinic anticipates the following hours of operations: Phase Hours Staff/Employees Patients/day I (0 to 6 9:00 am to 5:00 pm 3 20 months) (Monday thru Friday) II (6 to 12 9:00 am to 5:00 pm 3 30 months) (Monday thru Friday) 8:00 am to 9:00 am and 3/month after II (6 to 12 5:00 pm to 9:00 pm — hours months) On call (M — F) III (1 yr after 9:00 am to 5:00 PM 3 40 approval) (Monday thru Friday) On Call 24 Hrs/day 7 5/month after days/wk hours IV (3yrs after 8:00 am to 8:00 PM 5 50 approval (7 days/week) On Call 24 Hrs/day 7 5/month after days/wk hours • The use permit is in no way intended to regulate the number of employees or patients permitted to be served by the clinic. • Butte County Code Section 24-240 (b) requires adequate parking. The minimum parking requirement is for five (5) spaces per doctor, but in no case less than one (1) space for each 300 square feet of gross floor area. The proposed clinic size of up to 2,400 square feet, which would require a minimum of eight (8) parking spaces. The maximum number of doctors anticipated would be three. Therefore, the minimum amount of parking needed to is ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 3 of 17 ■ LJ 15 spaces. The applicant is proposing 15 spaces. The site does have adequate area for additional parking if the necessary. • Surrounding parcels are developed with residential dwellings, commercial and industrial uses, and vacant parcels. Direction Zoning Existing Land Use(s) North AR-2.5/RT-1 Vacant/Residential (single-family) South AR -2.5/C -C/N- Vacant/Commercial (Small Veterinary C/ H -C Hospital/Gas Station)/ Industrial(Auto repair shop)/Residential (single and multi- family) East RT-1/RT-1WP Residential (single-family) West AR -2.5 Residential (single-family)/ PGE telephone facility LOCAL AGENCY REVIEW • Comments/conditions received from Butte County Departments and other Agencies were reviewed and implemented into the proposed project conditions. ENVIRONMENTAL REVIEW: The initial study prepared for this project determined there would be environmental impacts to the following areas: • Aesthetics (lighting) • Air Quality (dust control during site development activities) • Cultural Resources (possible disturbance of archaeological resources) • Hazards/Hazardous Materials (hazardous materials and fire safe regulations) • Hydrology/Water Quality (drainage) • Land Use (zoning code amendment) The initial study, which is attached to this agenda report, recommended seven' mitigation measures to reduce environmental impacts to a less than significant level. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required because the project would not cause an impact to fish or wildlife or their habitat. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse (SCH#: ), for a 30 -day review period. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Paradise Post. PUBLIC COMMENTS: Staff received two calls from neighbors who called in with questions. • Concerned with traffic on Skyway and the ability to turn into, and out of, the medical clinic. Staff determined based on the expected traffic generated by the project and the required encroachments to meet County improvement standards, impacts to Skyway will be minimal. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 4 of 17 ■ 0 - 0 • Concerned that the project would have access of Elmwood Drive, a private gravel road, located to the east of the project parcel. Staff informed the applicant that access to the clinic is proposed to be off of Skyway; No Elmwood Drive access is proposed. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission adopt the attached Resolution with Exhibit A. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 5 of 17 ■ General Plan and Zoning Map NORTH ■ Butte County Department of Development Services ■ . November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal . Page 6 of 17 ■ Aerial Photograph. —a NORTH ■ Butte County Department of Development Services ■ . November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 7 of 17 . 0 NORTH ■ Butte County Department of Development Services ■ . November 30,.2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 8 of 17 ■ SKYWAY "p, 5 01 1 � woI t 1 r: g .I L. ivette Sakalsc 14664 Skyway TRR DESIGNS srreoeslc+a Magalia, CA 95954 lNnPLANS a "M Pa. smrm�roi v,. emneiiu AP# 065.171-04.9 NICK TROVER 770-519.717:ConslruCtlon 0 NORTH ■ Butte County Department of Development Services ■ . November 30,.2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 8 of 17 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 06-14 (Don Sakal) WHEREAS, the Planning Commission has considered Use Permit 06-14 to allow a medical clinic on Assessor's Parcel Number 024-160-030; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit 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 November 30, 2006; 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: Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the Initial Study and proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Don Sakal, Planning Division File No. UP 06-14, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 through 7, as detailed in the conditions of approval dated November 30, 2006. F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 9 of 17 ■ II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, is not required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; conflict with any local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve the Use Permit for Don Sakal for a medical clinic, UP 06-14, on APN 065-171- 043, subject to the following findings and the conditions found in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: A zoning code amendment (ZCA 05-05) is currently being processed by the County to conditionally allow medical and dental clinic and offices in the AR (Agricultural Residential) zone. With the approval of ZCA 05-05 the proposed medical clinic could be considered conditionally consistent within the AR zone. Conditions of approval and mitigation measures have been applied to this project review. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The proposed clinic, up to 2, 400 square feet, will be similar in size and design as surrounding residential and commercial uses in the area. The clinic and parking area will be located in an area so as to limit the number of trees to be removed. This will allow for the parcel to keep the rural feel of the surrounding area. Medical and dental clinics will provide necessary health services as well as "convenient service to area residents. " 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. All phases of the project can be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 10 of 17 ■ The nearest residential dwellings are located across Skyway. The clinic will be designed to be consistent in size with surrounding uses. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is large enough (4.87 acres), has adequate area for the clinic and parking and the Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included seven mitigations.. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed medical clinic application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The project does not require the removal of any rare, threatened or protected species. The project will not impact any vernal pools. E. The proposed new clinic building permits will be applied for within six months of the approval of the Use Permit. K:\Planning\PROJECTS\UP\SAKAL.06-14\UP 06-14 Agenda Report fmal.doc ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 11 of 17 ■ E EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) UP 06-14 PERMIT NO. 065-171-043 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Don Sakal is hereby granted a Use Permit for an approximately 2,400 square foot medical clinic. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 12 of 17 ■ 0 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. (??)' 2. Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 3. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 13 of 17 ■ f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. 6. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 14 of 17 ■ • 7. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Prior to the issuance of building permit, obtain an encroachment permit(s) and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 9. Prior to the issuance of building permit, deed to Butte County in fee simple 40 feet of right- of-way from the centerline of Skyway along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. 10. Prior to issuance of building permits, relinquish abutter's rights of access to Butte County along the parcel frontage, except and approved access points. 11. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 12. Mitigation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Monitoring: The Butte County Fire Department/CDF will review all building and site plans for compliance with PRC 4290 and 4291 prior to issuance of a building permit. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 15 of 17 ■ Building inspectors shall ensure compliance by conducting an on-site inspection prior to the Parcel inspection. 13. 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. 14. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 15. Contact Butte County Fire Marshall at 538-6837, extension .166 for permit and fire inspection. Environmental Health Division 16. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. Monitoring: Department of Environmental Health shall respond to possible violations. 17. Must install septic system under permit from Environmental Health. Building Division 18. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. County Counsel 19. 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 indemnify the County of Butte 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. ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 16 of 17 ■ I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office ■ Butte County Department of Development Services ■ ■ November 30, 2006 ■ Agenda Report — Use Permit 06-14 Don Sakal ■ Page 17 of 17 ■ 7, VICINITY MAP] T� Project Location Opp .... . ... =m=-: X : t -.=9m 2 Paradise 12 UP 06-14 065-171-043. DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR -UP 06-14 (Don Sakal) • Project Name: Sakal Use Permit, File # UP 06-14 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UP 06-14 (Don Sakal) 1.0 PROJECT INFORMATION A. Applicant/Owner: Don Sakal B. Staff Contact: Mark Michelena, (530) 538-7376, mmichelena@buttecounty.net C. Project Name: Sakal Clinic D. Project Location: On the east side of Skyway, 650 feet north of Woodward Drive (14664 Skyway). E. Type of Application(s): Use Permit F. Assessor's Parcel Number: 065-171-043 G. Proiect Site Size: 4.87 acres H. Current Zoning: AR — 2 '/2 (Agricultural Residential, 2 '/2 acre minimum) I. General Plan Designation: Agricultural Residential J. Environmental Setting: The project site is located in an unincorporated area of Magalia, in the northern portion of Butte County, approximately 3.8 miles north of the Town of Paradise in a rural setting. The project site is located in an area of residential uses, commercial, industrial and undeveloped parcels. Vegetation consists of numerous Douglas fir and Pines. Typical wildlife in the area includes mountain lion, bear, deer, bobcat, quail, rabbits, squirrels, reptiles and many species of birds. The property generally drains via surface drainage to the southwest. The project site is developed with a residential dwelling, well and septic tank. The project site area has gentle topography, which rises slightly from west to east. The elevation of the parcel is approximately 2,500 feet above sea level. The current use is in an existing residential dwelling. The project site is not within a 100 -year flood zone. Access to the project site will be off of Skyway, which is a public, paved road. K Surrounding Land Uses: Direction General Plan Designation Zonin Existing Land Use(s) North Agricultural Residential (AR)/ AR-2.5/RTA Vacant/Residential (single-family) Low Density Residential (LDR) South AR/Commercial AR -2.5/C -C/N -C/ Vacant/Commercial/Residential H -C (single and multi -family) East LDR RT-1/RT-1WP Residential (single-family) West AR AR -2.5 Residential (single-family) L. Project Description: The applicant is requesting a use permit to allow a medical clinic (approximately 2,400 square feet) to serve local residents. The following hours of operation are anticipated: ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 1 of 29 ■ Hours Staff/Employees Patients/day I (0 to 6 months) 9:00 am to 5:00 pm 3 20 (Monday thru Friday) II (6 to 12 months) 9:00 am to 5:00 pm 3 30 (Monday thru Friday) II (6 to 12 months) 8:00 am to 9:00 am and 3 3/month after hours ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 1 of 29 ■ • Project Name: Sakai Use Permit, File # UP 06-14 • continued 5:00 pm to 9:00 pm — On call (M — F) III (lyr after 9:00 am to 5:00 PM 3 40 approval) (Monday thru Friday) On Call 24 Hrs/day 7 5/month after hours days/wk IV (3yrs after 8:00 am to 8:00 PM 5 50 approval (7 days/week) On Call 24 Hrs/day 7 5/month after hours days/wk The use permit is in no way intended to regulate the number of employees or patients permitted to be served by the clinic. M. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERNIINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared :Mark ichelena, Senior Planner Date ,,UL7D Reviewed by: f _/ p er Date Chpflk p IV AarJnl n4 Y ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakai UP 06-14 ■ Page 2 of 29 ■ • 0 Project Name: Sakai Use Permit, File # UP 06-14 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant" level (CEQA Guidelines 15382). [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is not located along a State or County scenic highway (Butte County Scenic Highway Map). The project parcel is located on the east side of Skyway, in Magalia. The visual character of the area is mixed use consisting of residential, commercial, industrial, and vacant parcels. The site is developed with an existing residence. The proposed use of a medical clinic, including the parking area, will be located on the western portion of the parcel. Vegetation consists of numerous Douglas fir and Pines. The proposed clinic will be approximately 2,400 square feet in size and is similar to existing development in the vicinity. The parking area will be located adjacent to Skyway. Based on the existing vegetation and size of the parcel, no substantial conflicts with the established character or function of the surrounding community are anticipated. Visual impacts from construction would be less than significant as they are relatively short-term and would cease upon project completion. The project will have outside night lighting for night-time service, safety and security reasons. This lighting could have a significant impact on the adjacent residential uses and vehicles utilizing Skyway. To reduce lighting from significantly impacting the adjacent residential uses and vehicles utilizing Skyway, Mitigation Measure # 1 is recommended that requires all outside lighting on the project site be fully shielded and contained on-site. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 3 of 29 ■ • • Project Name: Sakal Use Permit, File # UP 06-14 With the existing mixed -uses found in the project area, no substantial conflicts with the established character or functioning of the surrounding community are anticipated. Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: The project site is located in an Agricultural Residential land use designation and is zoned AR 2-1/2 (Agricultural Residential 2-1/2 acres minimum). The AR 2-1/2 zone permits agricultural uses as an accessory use. The General Plan land use designation of Agricultural Residential lists agricultural uses as a primary. The site does not have any current agricultural operations. The surrounding area includes no agricultural uses. Parcel sizes range from 0.22 acres to 8.3 acres, with an average size of 0.9 acres. Based on the sizes of the surrounding parcels, the existing development pattern and the dense cover of pine trees, agricultural uses are not currently a viable use. Neither the project site, nor surrounding parcels, is under Williamson Act Contract. The proposed project will not conflict with the existing zoning for agricultural uses. As stated above, the size of the parcels and existing vegetation limits potential agricultural uses. The project would not result in the conversion of adjacent farmland to a non-agricultural use. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 4 of 29 ■ • Project Name: Sakal Use Permit, File # UP 06-14 4.3 A R QUALITY: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number ofpeople? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone (03) and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Construction activities are a source of organic gas emissions. Solvents in adhesives, non-waterbased paints, thinners, some insulating materials and caulking materials would evaporate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. During construction various diesel -powered vehicles and equipment would be in use. Construction diesel emissions are temporary, affecting an area for a period of days or perhaps weeks. Additionally, construction -related sources are mobile and transient in nature. Typically health risk assessments are calculated using a 70 -year lifetime exposure. Because of its temporary duration, health risks from construction emissions of diesel particulate would be a less -than -significant impact. The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, driveways, parking and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. A mitigation measure is recommended that requires dust control measures shall be taken during site development activities. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Sensitive receptors in the project area consist of the dwellings that are adjacent to the project site. Because the project would not create substantial pollutant concentrations the impact would be less than significant. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 5 of 29 ■ • Project Name: Sakal Use Permit, File # UP 06-14 1] a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? E Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 6 of 29 ■ 0 Project Name: Sakal Use Permit, File # UP 06-14 9 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located in conifer forest/woodland vegetation zone (Butte County GIS Land Cover shape file). Vegetation consists of numerous Douglas fir, Pines grasses/forbs and large areas of exposed soil. Typical wildlife in the area includes mountain lion, bear, deer, bobcat, quail, rabbits, squirrels, reptiles and many species of birds. The property generally drains via surface drainage to the southwest. The project site is not located within a deer herd development permitted area. Rare; Threatened, or Endangered Plant Species Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered "rare" and are vulnerable to extirpation as, the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates" for such listing; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed an occurrence of Butte County Morning Glory (Calystegia atriplicifolia ssp. buttenis) in the project area. The total area identified was approximately 68 acres. Butte County Morning Glory is not a Federal or State protected species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Plants of California, October 2006). The California Native Plant Society identifies the Butte County Morning Glory as rare throughout their range. Based on the minimum proposed disturbance, less than one quarter of an acre, and that the plant is not a federal or state protected species, a less than significant impact is anticipated from the proposed project. Construction of the proposed medical clinic would not result in the loss in significant native habitat that would normally provide nesting, foraging, roosting, and denning opportunities for a wide variety of wildlife species. The area is already impacted due to the existing driveways (unpaved) and existing well. The applicant anticipates that only a couple pine trees will be removed for the proposed use. During the site visit, staff did not identify any wetlands or waterways in the proposed project area. As mentioned above, the proposed project site area has been previously disturbed with unpaved driveways and a well. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 . Page 7 of 29 ■ Project Name: Sakal Use Permit, Fi�UP 06-14 • The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Documem Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a moderate to low archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings; areas overlooking deer migratory corridors, or near bodies of water. The project site is located in Magalia and could have been utilized in historic or prehistoric times. Prehistoric and historic cultural sites have not been recorded in the project area. The proposed location of the medical clinic does not contain any rock outcropping or rock shelters. The project site is developed with an existing dwelling. Based upon the above information and the local topography, it appears that the project is not located in an area considered to be extremely sensitive for prehistoric, protohistoric, and historic cultural resources. Grading and other soil disturbance activities on the project site in relation to the proposed arena development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure # 3 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 8 of 29 ■ Project Name: Sakal Use Permit, FOUP 06-14 • feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 25.1 miles to the southeast. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, roadways, and other improvements would be designed and installed in accordance with Uniform Building Code requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. Sewage disposal for the medical clinic would be handled by individual, on-site septic systems. Usable sewage disposal areas meeting the requirements of the sewage disposal requirements of Appendix VII of the Butte County Improvement Standards have been proven to exist. The Butte County Environmental Health Division does not object to the use of ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 9 of 29 ■ Project Name: Sakai Use Permit, ffifleUP 06-14 • septic systems on the project site. All new septic systems on the project site must be installed under permit from the Environmental Health Division. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The location of the proposed medical clinic is generally level and only minimal grading will be required. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is slight, according to Butte County General Plan GIS data. The proposed structure will reduce potential erosion. The project site is generally level and not subject to significant erosion. No impacts due to erosion are anticipated. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil potential. The Building Division may require that the foundations of future structures on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. Mitigation Measure: None required. 4.7 HAZARDS AND HAzARDous MATERIALS: Would the proposal: 'Less Potentially Less Than Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 10 of 29 ■ Project Name: Sakai Use Permit, V1e4UP 06-14 1�1 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Documen- Incorporated g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires; including where wildlands are adjacent to urbanized areas or X where residences are intermixed with wildlands? Impact Discussion: The proposed medical clinic will generate medical waste that will be required to be disposed of consistent with Hazardous Material Management and Waste Law requirements. A mitigation measure is included that will require the applicant to meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Similarly, the project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly -available hazardous materials (e.g., paint, maintenance supplies) would be routinely used within the project site for maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 31, located off of Skyway, approximately 1.7 miles to the north. The Butte County Fire Department/California Department of Forestry and Fire Prevention (CDF) reviewed the project and stated that all development on the site must comply with State and County Fire Safe regulations. To allow property owners to have control over fuel reduction around the structures on their property, a mitigation measure is included that requires all new development on the site meet the requirements of PRC -4290 and 4291. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 11 of 29 ■ Project Name: Sakal Use Permit, AleuP 06-14 • Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. Mitigation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration – Sakal UP 06-14 ■ Page 12 of 29 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document: Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? L Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? J. Inundation by seiche, tsunami, or mudflow? X ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration – Sakal UP 06-14 ■ Page 12 of 29 ■ Project Name: Sakal Use Permit, FAUP 06-14 Impact Discussion: • Sewage disposal for the proposed use will be handled by an individual, on-site septic system. Butte County Department of Environmental Health has determined that there is adequate area for necessary septic requirements and sufficient quantities of water available for the proposed use. Domestic water supply for the proposed use would be obtained from on-site wells. Butte County Department of Environmental Health has determined that there is adequate water supply and that the proposed project is not expected to result in a significant reduction in ground water supplies in the project area. An increase in stormwater runoff can be expected due to the reduced absorption rate created from new impervious surfaces on the site, including structures driveways, parking and hardscape (walkways). The Butte County Public Works Department requires that the applicant submit a plan for a permanent solution for drainage. The plan would specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility. The plan is also required to show that there will be no increase in the peak flow of storm water runoff from the site. With the inclusion of this mitigation measure, no significant impacts would occur to off-site drainage facilities. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0400C, dated June 8, 1998. The property is not located in an area prone to mudflow. No impact would occur with respect to this natural hazard. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. 4.9 LAND USE: Would the proposal: Potentially significant Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ■ Butte County Department of Development Services ■ 0 Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 13 of 29 ■ Project Name: Sakal Use Permit, FiOUP 06-14 • Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under II (6 to 12 months) Impact with Impact Previous Mitigation 8:00 am to 9:00 am and Document 5:00 pm to 9:00 pm Incorporated On call (M — F) c. Conflict with any applicable habitat conservation III (lyr after 9:00 am to 5:00 PM 3 40 plan or natural community conservation plan? (Monday thru Friday) X On Call 24 Hrs/day 7 Impact Discussion: The applicant is requesting a use permit to allow the construction of an approximately 2,400 square foot medical clinic to serve local residents. The surrounding uses in the area include residential, commercial and industrial uses. The medical clinic currently operates in Magalia and is proposing to relocate to the proposed project parcel. The clinic anticipates the following hours of operations: Phase Hours Staff/Employees Patients/day I (0 to 6 months) 9:00 am to 5:00 pm 3 20 (Monday thru Friday) II (6 to 12 months) 9:00 am to 5:00 pm 3 30 (Monday thru Friday) II (6 to 12 months) 8:00 am to 9:00 am and 3/month after hours 5:00 pm to 9:00 pm On call (M — F) III (lyr after 9:00 am to 5:00 PM 3 40 approval) (Monday thru Friday) On Call 24 Hrs/day 7 5/month after hours days/wk IV (3yrs after 8:00 am to 8:00 PM 5 50 approval (7 days/week) On Call 24 Hrs/day 7 5/month after hours days/wk The use permit is in no way intended to regulate the number of employees or patients permitted to be served by the clinic. The proposed amendment is consistent with the following General Plan Land Use Element programs and polices: 3.3 Commercial Uses Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient service to area residents. Some offices and services can be compatible with residential uses if sufficient limitations and conditions are places on the business activities. 3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas. (Grammar remains as adopted.) Medical and dental clinics will provide necessary health services as well as "convenient service to area residents. " The requirement to obtain a use permit to establish medical and dental clinics will ensure "sufficient limitations and conditions are placed on the business activities"'so that clinics are compatible with surrounding residential uses. 4.3 Commercial Services ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 14 of 29 ■ Project Name: Sakai Use Permit, FiOUP 06-14 • The purpose and function of commercial facilities relate directly to the marked demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. 4.3.c Designate sufficient land for commercial facilities to fulfill the needs for services and employment. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. Medical and dental clinics provide necessary public health services. Allowing them to locate in the AR zone, with the issuance of a use permit, provides an opportunity to designate additional land for necessarypublic health services in or near the residential markets they serve. A zoning code amendment (ZCA 05-05) is currently being processed by the County to conditionally allow medical and dental clinic and offices in the AR (Agricultural Residential) zone. With the approval of ZCA 05-05 the proposed medical clinic could be considered conditionally consistent within the AR zone if the applicant presents information, including plans or other information that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and will grant a Use Permit if: "the proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24-45.10). To ensure that the proposed medical clinic is consistent with existing zoning at the time of approval, the following mitigation # 6 is proposed. This Initial Study and the review by the Planning Commission based on information from planning staff and the applicant will ensure compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 15 of 29 ■ Project Name: Sakal Use Permit, Fi.UP 06-14 4.10 MINERAL RESOURCES: • Impact Discussion: No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local X general plan, specific plan, or other land useplan? Impact Discussion: No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Impact Discussion: The project site is located in a rural area with generally low noise levels and is not subject to any significant noise. The only noise on the project site is from the existing residential use. The proposed project will not create additional ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 16 of 29 ■ Project Name: Sakal Use Permit, AIRUP 06-14 • significant noise to the project area. Noise increases will be related to a minimal amount of increased vehicles, including waste disposal trucks/vans to the project area. These uses will be intermittent in nature and will occur mostly between 9:00 am t0 5:00 pm. Construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. During construction, the highest noise levels would result from operation of heavy earthmoving equipment, which can be expected to generate noise levels of between. 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source and by intervening topography. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the limited amount of development that would occur due to this project, construction noise is not expected to have a significant impact on nearby residences. Furthermore, any such noise disturbance would be intermittent and short-term in nature. Because of the relatively small increment of traffic added to Skyway, a major local roadway, the project would not significantly affect future traffic noise levels. The project site is not subject to ground -borne vibrations or ground -borne noise and would not generate such vibrations or noise. Therefore, a less -than -significant impact would occur. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Construction noise activities related to the construction of the medical clinic, driveway and parking area will vary and is only temporary in nature and is not seen as significant. Mitigation Measure: None required. 4.12 HOUSING: Impact Discussion: Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 2006 was 217,209. The percentage increase in population for Butte County between 2000 and 2006 was 4.5%, an equivalent of a 0.75% annual compounded growth rate. The proposed Use Permit is to allow a medical clinic. No additional housing is proposed on the project site, therefore no additional growth in the area, or in the County is anticipated. The proposed medical clinic would provide health services to residences in the Magalia area. No new infrastructure, such as gas, electrical, sewer, and water lines or roads, is needed for this project. Electrical and telephone lines already extend to the project site. The project area is not served by a public sewer system, a ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 17 of 29 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated I a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X j Impact Discussion: Butte County population has grown at a rate at or below all official population projections for the past 10 years. Projected population for 2006 was 217,209. The percentage increase in population for Butte County between 2000 and 2006 was 4.5%, an equivalent of a 0.75% annual compounded growth rate. The proposed Use Permit is to allow a medical clinic. No additional housing is proposed on the project site, therefore no additional growth in the area, or in the County is anticipated. The proposed medical clinic would provide health services to residences in the Magalia area. No new infrastructure, such as gas, electrical, sewer, and water lines or roads, is needed for this project. Electrical and telephone lines already extend to the project site. The project area is not served by a public sewer system, a ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 17 of 29 ■ Project Name: Sakai Use Permit, FiIE'FIUP 06-14 is community water system, or a natural gas system. No roads would need to be constructed or extended. Therefore, the project would not cause a substantial population growth in the area through the extension of roads or other infrastructure. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Impact Discussion: The proposed project would not result in the need for new or physically altered governmental facilities. The medical clinic currently operates in Magalia and is re -locating to the proposed location. Since the proposed use is re -locating within the same community, the use would not result in the need for increased fire and police protection. The Butte County Fire Department/California Department of Forestry reviewed the project and determined that appropriate conditions be included as part of project approval, including that all development on the site must comply with State and County Fire Safe regulations. The proposal would not result in an incremental demand for school facilities in the area since no new residential dwellings are proposed. A less than significant impact is anticipated to other public services. Mitigation Measure: None required. 4.14 RECREATION: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in X order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The proposed project would not result in the need for new or physically altered governmental facilities. The medical clinic currently operates in Magalia and is re -locating to the proposed location. Since the proposed use is re -locating within the same community, the use would not result in the need for increased fire and police protection. The Butte County Fire Department/California Department of Forestry reviewed the project and determined that appropriate conditions be included as part of project approval, including that all development on the site must comply with State and County Fire Safe regulations. The proposal would not result in an incremental demand for school facilities in the area since no new residential dwellings are proposed. A less than significant impact is anticipated to other public services. Mitigation Measure: None required. 4.14 RECREATION: ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 18 of 29 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 18 of 29 ■ Project Name: Sakai Use Permit, Fi�UP 06-14 Impact Discussion: The project site is located within the Paradise Recreation and Park District. Since the project is proposing to re- locate an existing medical clinic and is not proposing any additional residential dwellings, no impact is anticipated to existing parks. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Cause an increase in traffic which is substantial in Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility X would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the X environment? Impact Discussion: The project site is located within the Paradise Recreation and Park District. Since the project is proposing to re- locate an existing medical clinic and is not proposing any additional residential dwellings, no impact is anticipated to existing parks. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: Access to the project site is from Skyway, a publicly -maintained paved road. The medical clinic currently operates in Magalia, approximately 1.8 miles to the south of the proposed project site. Since the medical clinic currently exists and ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 19 of 29 ■ Project Name: Sakai Use Permit, File # UP 06-14 is will serve the same clientele, there will not be a significant increase in vehicle traffic to Skyway and the surrounding streets. The project is being proposed to be completed incrementally. The following is a table anticipates the hours of operations, number staff/employees and number of patients. Phase Hours Staff/Employees Patients/day I (0 to 6 months) 9:00 am to 5:00 pm 3 20 (Monday thru Friday) II (6 to 12 months) 9:00 am to 5:00 pm 3 30 (Monday thru Friday) II (6 to 12 months) 8:00 am to 9:00 am and 3 3/month after hours continued 5:00 pm to 9:00 pm — On call (M — F) III (lyr after 9:00 am to 5:00 PM 3 40 approval) (Monday thru Friday) On Call 24 Hrs/day 7 5/month after hours days/wk IV (3yrs after 8:00 am to 8:00 PM 5 50 approval (7 days/week) On Call 24 Hrs/day 7 5/month after hours days/wk The use permit is in no way intended to regulate the number of employees or patients permitted to be served by the clinic. Based on the table above, the average number of vehicle trips will range from approximately 50 (Phase 1) to 130 (Phase IV). According to the Trip Generation Manual of the Institute of Traffic Engineers, the proposed medical clinic could potentially generate up to 75.48 traffic trips per day based upon 31.45 vehicle trips/1,000 square feet of gross floor area. The site is not within any Airport Land Use Land Compatibility Zone. The project would not cause any impacts to air traffic patterns. Butte County Code Section 24-240 (b) requires adequate parking. The minimum parking requirement is for five (5) spaces per doctor, but in no case less than one (1) space for each 300 square feet of gross floor area. The proposed clinic size is 2,400 square feet, which would require a minimum of eight (8) parking spaces. The maximum number of doctors anticipated would be three, which would occur during Phase IV. Therefore, the minimum amount of parking needed*to meet Phase IV requirements is 15 spaces. The applicant is proposing 15 spaces. The site does have adequate area for additional parking if the necessary. This proposed use permit would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. (See Section 4.3 Air Quality) ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 20 of 29 ■ Project Name: Sakal Use Permit, PUP 06-14 4.16 UTILITIES AND SERVICE SYSTEMS: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? c. Require.or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: The proposed projects would include individual on-site septic systems for sewage disposal and individual well for domestic water supply. Thus, the project would not have an impact on any wastewater or water treatment facilities because individual on-site septic systems and private wells would be utilized. On-site storm water drainage improvements shall be required due to the improvements on the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive and drainage improvements would be limited. A mitigation measure (Section 4.7) will be included that will require a plan for a permanent solution for drainage to be submitted and approved by the Department of Public Works prior to the issuance of building permits. The clinic contracts for Bio -wastes to be removed from site. Bio -wastes will not enter the typical waste stream. Other potential hazardous materials are subject to the Department of Environmental Health requirements for Hazardous Materials (see Section 4.7 and Mitigation # 4). The project would result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. Based on this information, and because the proposed project would comply with all applicable federal, state, and local statutes and regulations as they relate to solid waste, adequate permitted landfill capacity exists to accommodate the proposed project, and a less -than -significant impact would occur. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 21 of 29 ■ Project Name: Sakal Use Permit, Fi.UP 06-14 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 — Aesthetics; 4.3 — Air Quality; 4.5 — Cultural Resources; 4.7 — Hazards and Hazardous Materials and 4.8 — Hydrology and Water Quality. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through 7 as itemized under Section 5 — Mitigation Measures and Monitoring Requirements. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 22 of 29 ■ Project Name: Sakal Use Permit, FRUP 06-14 • c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 4: Prior to the issuance of building permit, the applicant shall meet the requirements of the Department of Environmental Health relative to Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition The Hazardous Materials Management Plan, Hazardous Materials Survey, and Accidental Release Plan, as applicable to existing regulations shall be submitted to, and approved by the Department of Environmental Health, prior to issuance of building permits. Mitigation Measure # 5: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: At the time of building plan checking, building and site plans shall be checked for compliance with the condition. Mitigation Measure # 6: Prior to 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 detail existing drainage conditions and shall ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 23 of 29 ■ Project Name: Sakal Use Permit, File UP 06-14 • specify how drainage waters shall be detained or retained 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: 'The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building permits. 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. V 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 13. Butte County Planning Department. School District Man. Oroville, CA. 14. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 15. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Highway System. 2001. 16. California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sakal UP 06-14 ■ Page 24 of 29 ■ Project Name: Sakal Use Permit, Figlek 06-14 • 17. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 18. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 19. USGS Quad Maps. 20. California Department of Fish and Game. California Natural Diversity Data Base. 21. California Natural Diversity Data Base. California Department of Fish and Game.. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [X] County Counsel [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [ ] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] U.S. Fish & Wildlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Paradise Unified School Dist. [ ] Feather River Recreation Dist. [ ] El Medio Fire Department [ ] Animal Control [ ] Oroville Union High [ ] PG&E [ ] Pacific Bell [ ] Golden Feather Union 8.0 . PROJECT SPONSOR(S) INCORPORATION OF NUTIGATION INTO PROPOSED PROJECT: .1/We have reviewed the Initial Study for the Don Sakal Use Permit (APN # 065-171-043) application and particularly the mitigation measures idendfaed herein. UWe hereby modify the applications on file with the .Butte County Planning Department to include orate all mitigations set forth in this Initial Study. ov- Project Sponsor/Project Agent Date Project Spon /Project Agent Date k:\planning\projects\up\sakal\up 06-14 is-mnd.doc ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 25 of 29 ■ 0 • Project Name: Sakal Use Permit, File # UP 06-14 GENERAL PLAN AND ZONING MAP —[:T— NORTH ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration – Sakal UP 06-14 ■ Page 26 of 29 ■ Project Name: Sakal Use Permit, File P 06-14 • AERIAL PHOTOGRAPH NORTH ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 27 of 29 ■ Project Name: Sakal Use Permit, FAP 06-14 40 AERIAL PHOTOGRAPH WITH PROPOSED CLINIC LOCATION NORTH ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 28 of 29 ■ Project Name: Sakai Use Permit, FIIRUP 06-14 NORTH . — 9KW/AY (PD) (I Ii c` S a vette a ° TROVER DESIGNS 14864 Skyway co+u+enau . aFSloeNnnL :ilOII Magalia, CA 95954 i SRG DESIGN 8 NOW PLANS AP#065.171.043 Mcr rnovea 53G.319 -71n SITE PLAN ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration — Sakal UP 06-14 ■ Page 29 of 29 ■ Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION " BUILDING " PLANNING Date: ,.T,.,,o.... ber- 8, 2006 November 14, 2006 To: Responsible and Trustee Agencies Subject:. 10 Day review of the Agenda Report for the Sakal Use Permit (UP 06- 14) Please review the enclosed/attached agenda report. This review should focus on your agency's area of expertise, jurisdiction and included conditions. Any comments must be received within 10 days, ending November 20, 2006. If you have any questions regarding the enclosed agenda report, please contact Mark Michelena at 530-538-7376, between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, or by email at mmichelena@buttecounty.net. Sincerely, Mark Michelena Senior Planner Form'A Notice of Completion & Environmental Document Transmittal SCH # u Mail to: State Clearinghouse, PO Box 3044, Sacramento, CA 95812-3044 916/445-0613 ProjectTitle: Sakai Use Permit (File # UP 06-14) . Lead Agency: Butte County Contact Person: Mark Michelena Streei Address: 7 County Center Drive Phone: (530) 538-7376 City: Oroville Zip: 95965 County: Butte — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte City/Nearest Community: Magalia Cross Streets: Skyway and Woodward Drive Zip Code: 95954 Total Acres: 4.87 Assessor's Parcel No. 065-171-043 Section: 24 Twp. 23N Range: 03E Base: MDB&M Within 2 Miles: State Hwy #: NA Waterways: Firhaven Crk; Little & Middle Butte Crk; Magalia Rsrvr; Paradise Lake Airports: NA Railways: NA Schools: Cedarwoods; Pines; Mtn Ridge — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Document Type: CEQA: [:].NOP ❑ Supplement/Subsequent EIR ❑ Early Cons (Prior SCH No. lc❑ Neg Dec p Other ❑ Draft EIR — — — — — — — — — — — — — — — — — — — — Local Action Type: ❑ General Plan Update ❑ General Plan Amendment ❑ General Plan Element ❑ Community Plan Development Type: ❑ Specific Plan ❑ Master Plan ❑ Planned Unit Development ❑ Site Plan ❑ Residential: Units Acres ❑ Office: Sq.ft. Acres Employees ❑ Commercial: Sq.ft. Acres Employees ❑ Industrial: Sq.ft. Acres Employees ❑ Educational Type ❑ Recreational_ Type NEPA: ❑ NOI Other: ❑ Joint Document ❑ EA ❑ Final Document ❑ Draft EIS ❑ Other ❑ FONSI ❑ Rezone ❑ Annexation ❑ Prezone ❑ Redevelopment © Use Permit ❑ Coastal Permit ❑ Land Division (Subdivision, etc.) ❑ Other ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type © Other: Medical Clinic - Approximately 2.400 sq. ft. ----------------------------------------- Funding (approx.): Federal $ 0.00 State '$' 0.00 Total $ 0.00 ----------------------------------------- Project Issues Discussed in Document: © AestheticNisual 7!❑ Agricultural Land © Air Quality © Archeological/Historical ❑ Coastal Zone © Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal © Flood Plain/Flooding © Forest Land/Fire Hazard ❑X Geologic/Seismic © Minerals ❑X Noise © Population/Housing Balance NX Public Services/Facilities ❑X Recreation/Parks ❑X Schools/Universities © Septic Systems ❑ Sewer Capacity © Soil Erosion/Compaction/Grading ❑X Solid Waste ❑Q Toxic/Hazardous Q Traffic/Circulation ❑X Vegetation ❑X Water Quality © Water Supply/Groundwater ❑X Wetland/Riparian ❑X Wildlife Q Growth Inducing ❑X Landuse © Cumulative Effects ❑ Other — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use/Zoning/General Plan Designation: Residential / AR 2-1/2 (Agricultural Residential 2-1/2 acre minimum)/AR(Agricultural Residential) ----------------------------------------- Project ---------------------------------------- Project Description: A use permit to allow a medical clinic. Revised 3-31-99 23 0 Reviewing Agencies Checklist Resources Agency Boating & Waterways Coastal Commission. Coastal Conservancy Colorado River Board Conservation Fish & Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics California Highway Patrol CALTRANS District # Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services OLA (Schools) Public Review Period (to be filled in by lead agency) Starting Date October 31, 2006 Form A, continued KEY S = Document sent by lead agency. X = Document sent by SCH ✓ = Suggested distribution Environmental Protection Agency Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other Ending Date Signature % 'V Date October 30, 2006 P — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — November 29, 2006 Lead Agency (Complete if applicable): Consulting Firm: _ Address: City/State/Zip: Contact: Phone: ( ) Applicant. Don Sakai Address: 14644 Skyway City/State/Zip: Magalia, CA 95954 Phone: (530 ) 873-5098 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes Butte. County Department of Development Services, .TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530)538-7 $01 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING May 16, 2006 Don Sakal 14664 Skyway Magalia, CA 95945 Re: Project completeness Review — Sakal Use Permit (UP 06-14) for a medical clinic. APN 065-171-043. Dear Mr. Sakal: The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced project at its May 10, 2006, meeting. The IDR committee determined that the project is incomplete for the following reason: 1. The current zoning (Agricultural Residential) in which the parcel is located does not permit the proposed type of use (medical clinic). The Department of Development Services Planning Division will be preparing a Zoning Code Amendment to present to the Planning Commission and finally to the Board of Supervisors approval. Until the Zoning Code Amendment is approved the project will be deemed incomplete and no further processing of this project will occur. The timelines pursuant to the California Permit Streamlining Act are hereby suspended until the Zoning Code Amendment is complete. Should you have any further questions regarding this matter, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7376, or via e-mail at mmichelena@buttecounty.net. Sincerely, Mark Michelena Senior Planner Cc. Nick Trover 'Page 1 of 1 0 PROJECT COORDINATION FORM DATE of IDR: May 10, 2006 PLANNER: 'Mark Michelena PROJ. NAME: Sakal, Don PROJ. NUMBER: UP 06-14 TYPE: Completeness of Application APN: 065-171-043 DEPARTMENT COMMENTS READY FOR HEARING? PLANNING PUBLIC WORKS !2 ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDINGl�j'�-' "1�6 ASSESSOR FIRE K:/[DR Agendas/Project Coordination Form.doc w , 1 . P o m ° o o�(wo N' Arnold Schwarzenegger . Governor 0 STATE OF CALIFORNIA �!{> Governor's Office of Planning and Research State Clearinghouse and Planning Unit o��`OEOF�ypj�,` N • �l��OF CAl1F0��`~r Sean Walsh Director December 4, 2006 HUTM COMY DEC 1 l MM Mark Michelena DEVEMPMOT Butte County SERVICES 7 County Center Drive Oroville, CA 95965 Subject: Sakal Use Permit (File # UP 06-14) SCH#: 2006112018 Dear Mark Michelena: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on December 1, 2006, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sin rely, Terry Roberts Director, State Clearinghouse r -r 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Basee SCH# 2006112018 Project Title Sakal Use Permit (File # UP 06-14) Lead Agency 'Butte County Type Neg Negative Declaration Description A use permit to allow a medical clinic. Lead Agency Contact Name Mark Michelena Agency Butte County Phone (530) 538-7376 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Region Cross Streets Skyway and Woodward Drive Parcel No. 065-171-043 Township 23N Range 3E Section 24 Base MDBM Proximity to: Highways Airports Railways Waterways Firhaven Creek, Little & Middle Butte Creek, Magalia Reservoir, Paradise Lake Schools Cedarwoods, Pines, Mtn Ridge Land Use Residential / AR 2.5 (Agricultural Residential 2.5 acre minimum) / AR (Agricultural Residential) Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Cumulative Effects; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Growth Inducing; Landuse; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Schools/Universities; Septic System; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Wildlife Reviewing Resources Agency; Regional Water Quality•Control Bd., Region 5 (Redding); Department of Parks anc Agencies Recreation; Native American Heritage Commission; Reclamation Board; Department of Health Services; Department of Fish and Game, Region 2; Department of Water Resources; California Highway Patrol; Caltrans, District 3; Department of Toxic Substances Control; State Lands Commission Date Received 11/02/2006 Start of Review 11/02/2006 End of Review 12/01/2006 Note: Blanks in data fields result from insufficient information provided by lead agency 0 Michelena, Mark From: Richard Helman [richard_helman@dot.ca.gov] Sent: Monday, November 27, 2006 9:15 AM To: Michelena, Mark - Subject: Review of MND for Sakai UP 06-14, SCH# 2006112018 Hi Mark: 0 We have reviewed the subject mitgated negative declaration for a proposed medical clinic in Magalia and have "No Comment". Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning -North, P.O. Box 911, Marysville. CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 1 • � Page 1 of 1 Michelena, Mark From: Edell, Stuart Sent: Thursday, October 19, 2006 3:36 PM To: Thistlethwaite, Charles; Jolliffe, Stacey; Michelena, Mark; Schroth, Eric Cc: Crump, Mike Subject: Sakal UP06-14 We have reviewed the project further and the Public Works conditions should be 1 and 2 as listed below. Dr. Sakal is currently processing an application for a Use Permit (UP06-14, AP 065-171-043). Public Works recommended conditions are as follows: Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 2. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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 o,.- facility. cfacility. Compliance with condition 1 is straight forward. His contractor would need to have a certificate of insurance on file with Public Works in order to obtain an encroachment permit and construct a driveway or driveways depending on his latest plan. The encroachment permit application fee is $64.00 Due to the time constraints, the major hurdle is condition 2 for no increase in peak runoff from the new office and parking lot. The design for onsite detention or retention facilities requires the services of a Civil Engineer. We have not seen any plans yet and plan review and approval normally takes a few months to process. It would be up to Dr. Sakal if he wants to expend the money to have a Civil Engineer prepare the plans and submit them for review and conditional approval (based upon issuance of the Use Permit) without any guarantee the Zoning Code Amendment or Use Permit will be approved (discretionary acts of the Planning Commission). Plan checking is billed on a real time basis with a minimum deposit of $600 submitted with the first plan check. Construction inspection for the drainage facilities is also billed on a real time basis with a minimum deposit of 3% of the estimated cost for construction of the drainage facilities. 10/24/2006 %� '� California I�ional Water Quality Cor*ol Board .`'\� Central Valley Region Now Redding Branch Office Linda Adams 415 Knollcrest Drive, Suite 100, Redding, California 96002 Secretary for {530) 224-4845 • Fax (530) 224-4857 Environmental Protection http://www.waterboards.ca.gov/centraIvaIley 18 December 2006 Mr. Mark Michelena Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Arnold Schwarzenegger Governor COMMENTS ON PROPOSED MITIGATED NEGATIVE DECLARATION FOR SAKAL CLINIC USE PERMIT (06-14), ASSESSOR PARCEL NUMBER 065-171-043, MAGALIA, BUTTE COUNTY On 3 November 2006, our office received an Environmental Initial Study and Request for Comments Letter from your office regarding the proposed development referenced above. The California Regional Water Quality Control Board, Central Valley. Region (Regional Water Board) is a responsible agency for this project, as defined by the California Environmental Quality Act (CEQA). _ _... The.Request for.Comments'Letter contained a'cover sheet -stating that,Butte-County ±. Departmofent Development Services Has received J in •application'fi orri 'pr'operty; wne�, "Don Sakal, requesting a use permit to allow a medical clinic to serve local residents. The total project'size is approximately 4.87 acres. The property is located on the east side of Skyway, 650 feet north of Woodward Drive. The following comments are provided to help outline the potential permitting required by the Regional Water Boards agency, policy issues concerning the project, and suggestions for mitigation measures. Our present comments focus primarily on discharges regulated under our CWA §401. and storm water programs. Water Board entitlements include: • Storm water and other CWA §402 NPDES permit wastewater discharges The following summarizes project permits that may be required by our agency depending upon potentiaI* impacts to water quality: ~ Gene'ral'Permit for Storm Water Discharaes Associated with *Construction=Acti'6',(General Permit) "Land disturbances on proposed projects of 1 acre or more requires the' 'landowner tc obtain coverage under the General Permit. As the land disturbance for the Sakal Clinic Use Permit (06-14).will be in excess of 1 acre, the owner of the property will need to file a Notice of BUTS COUNTY California Environmental Protection Agency DEC 1 20M ca Recycled Paper DEVELOPMENT SERVICES M�. Mark Michelena - 2- 18 December 2006 Butte County Department of aelopment Services Sakal Clinic Use Permit (06-14) Intent (NOI), along with.a vicinity map, a Storm Water Pollution Prevention Plan (SWPPP), and appropriate fees to the State Water Resources Control Board (SWRCB), prior to the commencement .of activities on site. The owner may call our office to receive a permit package or download it off the Internet at http://www.waterboards.ca.gov/stormwtr/index.html . If you have any questions or comments regarding this matter please contact me at (530) 224-4784 or by email at szaitz waterboards.ca.-gov. Scott A. Zaitz, R.E.H.S. Environmental Scientist Storm Water & Water Quality Certification Unit SAZ: cg/reb Sakal Clinic Use Permit 06-14.doc 0 0 Page 1 of 1 Michelena, Mark From: Read, Darren [Darren. Read@fire.ca.gov] Sent: Tuesday, November 14, 2006 10:14 AM To: Michelena, Mark Cc: Read, Darren Subject: FW: Sakal UP 06-14 Attachments: Agenda Report 10 day Letter.doc; UP 06-14 Agenda Report final 11-8-06.doc Looks good Fire Captain, Fire Protection Planning Butte Unit Fire Prevention Bureau CDF/Butte County Fire Rescue 176 Nelson Ave. Oroville CA 95965 (530) 538-7888, Office (530) 538-2105, Fax From: Bonham, Tina [mailto:tbonham@buttecounty.net] Sent: Wednesday, November 08, 2006 12:58 PM To: Aguila, Michelle; Betts, Steve; Breedon, Dan; Castanon, Yvette; Fogel, Doug; Fowler, Steve; Gillis, Kathy; Jolliffe, Stacey; Klein, Paul; Loker, Sally; Lucas, Steve; MacKenzie, Robert; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Thistlethwaite, Charles; Wannenmacher, Felix Subject: FW: Sakal UP 06-14 Please review the attached documents. They are being provided to you for your comments. Please address any comments to Mark Michelena within 10 days. Thank you for attention in this matter. Office Specialist, Senior Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-5260 FAX 538-7785 11/14/2006 • � Page 1 of l Michelena, Mark From: Fowler, Steve [Steve. Fowler@fire.ca.gov] Sent: Sunday, November 12, 2006 9:53 AM To: Bonham, Tina; Michelena, Mark Subject: RE: Sakal UP 06-14 Looks ok —except page 14 mitigation #7 notes information about a "kennel'? Steve Fowler From: Bonham, Tina [mailto:tbonham@buttecounty.net] Sent: Wednesday, November 08, 2006 12:58 PM To: Aguila, Michelle; Betts, Steve; Breedon, Dan; Castanon, Yvette; Fogel, Doug; Fowler, Steve; Gillis, Kathy; ]olliffe, Stacey; Klein, Paul; Loker, Sally; Lucas, Steve; MacKenzie, Robert; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Thistlethwaite, Charles; Wannenmacher, Felix Subject: FW: Sakal UP 06-14 Please review the attached documents. They are being provided to you for your comments. Please address any comments to Mark Michelena within 10 days. Thank you for attention in this matter. Office Specialist, Senior Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-5260 FAX 538-7785 11/14/2006 ( 'Pa9p 1 of 1 Jones, Darren From: Jones, Darren Sent: Wednesday, May 03, 2006 9:03 AM To: Michelena, Mark Subject: Sakai, Don UP 06-14 No new mitigation/conditions required since original letter sent. Letter required the following for approval of Use Permit: • Install septic system under_permit from_Env_ironmental Health. . • Contact"Mike Huerta in our Chico office regarding any Hazardous Material Mgmt and Waste Laws requirements. Application complete. Darren Jones / Environmental Health Division' O�Clu O-J--VJ CO/Im ✓ty 5/3/2006 Page 1 of 1 Fogel, Doug From: Fogel, Doug Sent: May 10, 2006 3:29 PM . To: Ron Dykstra (rdykstra@waterboards.ca.gov) Cc: Michelena, Mark; Walters, Charlotte Subject: Use permit application for a medical clinic on Skyway in Magalia, APN 65-171-043 This proposed small commercial establishment, in the general county area, is not expected to generate liquid waste in excess of 2,500 gpd. However, I suspect and wish to concur with you, that it.may generate'! a liquid waste stream that has an unusual characteristic and therefore may require a more sophisticated -treatment system than a standard septic system, which may require your review or approval through permitting. Butte County Planning is sending you the file for review. Their deadline for CEQA responses is May 18. This is a heads up. 05/10/2006 LAND OF NATURAL WEALTH AND EEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH ❑ 202 Mira Loma Drive 411 Main Street �7 County Center. Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895-6512 March 28, 2006 Donald Sakal 14.664 Skyway Magalia, CA 95954 RE: Pre -Application for Use Permit, 14664 Skyway, APN 65-171-043 Dear Mr. Sakal, This department has received and processed your pre -application for a Use Permit for a +medical clinic at the above-mentioned location.. You have indicated that you will have three full-time employees, two part-time employees, and will see up to 20 patients per day. The clinic will be open Monday through Friday, from 9:00 a.m. to 5:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage - disposal system sized for your proposed facility. You should be aware that you may be subject to Hazardous Material Management and Waste Laws and may wish to contact Mike Huerta in the Chico office of Environmental'Health regarding this issue. Provided that the application and proposal presented to the Development Services Department conforms to the packet you submitted to our office we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee, which will be $202.00. If you have any further questions or concerns please contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist cc. Butte County Planning Nick Trover 10/24/2006 05:34 5308732643 Project Name: 98kal Use Permit. Pile # UP 06-14 7.0 CONSULTED AGENCIES: [X] Environmental Health [ ] BCAG [XJ Assessor ( ] Air Quality Management District [ ] City of Gridley [X] CA Department of Forestry ( J Department of Conservation [ ] Army Corps of Engineers [ ] Butte Co. Farm Bureau ( ] EI Medio Fire Department [ ] PG&E MPDPMA [XJ Public Works M County Counsel [ ] Development Services [ ] City of Chico [ ] City of Oroville [ ] Caltrans (Traffic) [ ] CA Dept. of Fish and Game [ ] U.S. Fish & Wildlife Service [ ] Paradise Unified School Dist. [ ] Animal Control [ J Pacific Bell PAGE 02 0 [X] Building Manager [X] LAFCo [ ] Chico Unified School District ( ] Sheriff [ ] Town of Paradise ( ] CA Central Reg. Water Quality [ ] Highway Patrol [XJ Agricultural Commissioner [ ] Feather River Recreation Dist. [ ] Oroville Union High [ ] Golden Feather Union 8.0 PROJECT SPONSOR(S) INCORPORATION OF NUTIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study for the Don Sakai Use Permit (APN # 065-171-043) application and particularly the mitigation measures identified herein. We hereby modify the applications on file with the Butte County Planning Department to include orate all mitigations set forth in this Initial Study. Project Sponsor/Project Agcnt Date Project Spon /Project Agcnt Date k:\planning\projects\up\sakaAup 06-14 is-mnd.doc • Butte County Department of Development Services a a Initial Study/Mitigatcd Negative Declaration — Sakal UP 06-14 ■ Page 25 of 29 s r 10/24/2006 05:34 5308732643 V MPDPMA 0 FAX Cover Sheet Magalia-Pines Family Practice Medical Clinic AlAgj4** ** Number of pages including this one _A Date /o -20. — 0 6 Fax: RE: PAGE 01 Confidentiali. Note: The document(s) accompanying this telecopy transmission is/are confidential information. The information is intended only for use of the individual(s) or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or action taken in relation to the contents of this telecopied information is zot allowed and is a violation of the Federal HIPAA Act (Law) regarding confidentially/privacy. If you receive this telecopy in error, please notify us at the number listed below for the return of the documents, thank you. From: Magalia-Pines Family Practice Medical Clinic Liaun Sakai, Ph.D., M.D. Don Sakai, M.S., PA -C 14130 Skyway, Suite H Magalia, CA 95954 Phone: (530) 873-1676 Fax: 530-873-2643 .X i 11 , APPLICANT: Sakal, Don AGENT: Nick Trover FILE #: UP 06-14 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: 4/18/2006 APN: 065-171-043 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existin€ driveway approaches to publicly maintained roads as specified in the County Improvement Standard, - and the terms of the encroachment permit. ® 2. Prior to the issuance of use permit, deed to Butte County in fee simple 40 feet of right-of-way from the centerline of Skyway along the entire property frontage. The. right-of-way shall be sufficient fot the installation of Improvement Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of use permit, submit road and drainage im rovement plans for the installation and construction of the street frontage improvements on .to I County Improvement Standards.. Improve parcel I frontage to a 'h+ 12' / full street section onto an RS J road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. . ® 4. Prior to the issuance of use permit, relinquish abutter's rights of access to Butte County along the frontage of parcel, except at approved access points. B. DRAINAGE ® 1. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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 use permit, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. 0 Page 1 of 1 40, Michelena, Mark From: Don Sakai [dsakal@sbcglobal.net] Sent: Wednesday, October 11, 2006 11:44 AM' To: Michelena, Mark Subject: Dr. Sakai Mark, hope this helps.:. much depends on my admin time away from practice to get the new facility certified and functioning so we would likely plan to start slow. Our dream has always been phase IV, but I don't even know if 11 can find another doc and PA to help with extended hours.... Don Phase I: (duration 6months) 20 patients/day with active hours 9AM-5PM Mon through Friday no call (Same as now) Phase II (duration 6 months) 30 patients/day with active hours 9AM-5PM Mon through Friday; on call 8AM to 8PM Mon through Friday expect 3 patients per month after hours Phase III begins in one year 40 patients/day with active hours 9AM-5PM Mon through Friday plus call 24 hrs/day 7 days/week expect 5 patients after hours per month Phase IV (would only begin if can find additional doc and PA) likely 3 years out... 50 patients/day with active hours 8AM-8PM seven days/week plus call 24 hrs/day 7 days/week expect 5 patients after hours per month Currently 3 staff and may expand to 5 max, but unlikely unless phase IV (new doc and PA would make 7) but even then all staff would be rotated so no more than 4-5 in house at any time. Don Sakai, M.S., PA -C /CEO Magalia-Pines Family Practice Medical Clinic 10/11/2006 Special Vascular Plants, Bryophytes, and Lichens List California Department of Fish and Game Natural Diversity Database Scientific Name Common Name Element Code Federal State Listing Heritage Rank CNPS Records Listing Status Status List in CNDDB Calochortus pa/meri var. Palmer's mariposa lily PMLILOD122 . None None G2T2/S2.1 1 B.2 Yes pa/meri Calochortus Panamint mariposa lily PMLILOD130 None None G3/S3.2 4.2 No panamintensis Calochortus persistens Siskiyou mariposa lily PMLILOD140 Candidate Rare G2/S2.2 1B.2 Yes Calochortus plummerae Plummer's mariposa lily PMLILOD150 None None G3/S3.2 1B.2 Yes Calochortus pu/chellus Mt. Diablo fairy -lantern PMLILOD160 None None G2/S2.1 1 B.2 Yes Calochortus raichei The Cedars fairy -lantern PMLIL0D1 LO None None G1/S1.2 1 B.2 Yes Calochortus simu/ans San Luis Obispo PMLILOD170 None None G2/S2.3 1 B.3 Yes mariposa lily Calochortus striatus alkali mariposa lily PMLILOD190 None None G2/S2.2 1 B.2 Yes Calochortus syntrophus Callahan's mariposa lily PMLILODISO None None G1/S1.1 3.1 No Calochortus dburonensis Tiburon mariposa lily PMLIL0D1C0 Threatened Threatened G1/S1.2 1B.1 Yes Calochortus umbellatus Oakland star -tulip PMLIL0D1 EO None None G3/S3.2 4.2 No Calochortus weedii var. intermediate mariposa PMLIL0D1J1 None None G3?T2/S2.2 1B.2 Yes intermedius lily Calochortus weedii var. late -flowered mariposa PMLIL0D1J2 None None G3?T2/S2.2 1B.2 Yes vestus lily Calochortus westonii Shirley Meadows star- PMLIL0D1M0 None None G1/S1.2 1B.2 Yes tulip . Ca/ycadenia hooveri Hoover's calycadenia PDASTI P040 None None G2/S2.2 1 B.3 Yes Ca/ycadenia micrantha small -flowered PDASTI POCO None None G2G3/S2S3.2 1 B.2 Yes calycadenia Ca/ycadenia oppositifolia Butte County PDASTI P070 None None G3/S3.2 4.2 No calycadenia Ca/ycadenia villosa dwarf calycadenia PDASTI P0B0 None None G2/S2.1 1B.1 Yes Ca/yptridium panyi var. Santa Cruz Mountains PDPOR09052 None None G3G4TNR/S? 3 No hesseae pussypaws Ca/yptridium pu/chellum Mariposa pussypaws PDPOR09060 Threatened None G1/S1.1 1B.1 Yes Calyptridium four -petaled pussypaws PDPOR09080 None None G3/S3.3 4.3 No quadripeta/um �Ca/ystegiaatnplicifolia- 'Butte Countymomirig- PDCON04012 None None 1B.2 Yes ssp. buttensis.._- __ __.glor y ___G5T-3/S3.2- -. Ca/ystegia collina ssp. Mt. Saint Helena PDCON04032 None None G4T3/S3.2 4.2 No oxyphylla morning-glory Ca/ystegia collina ssp. South Coast Range PDCON04034 None None G4T3/S3.2 4.3 No venusta morning-glory Ca/ystegia macrostegia island morning-glory PDCON04081 None None G4G5T3/S3.3 4.3 No ssp. amplissima Calystegia ma/acophylla Berry's morning-glory PDCON040K2 None None G4G5T3Q/S3? 3.3 No var. berryi Ca/ystegia peirsonii Peirson's morning-glory PDCON040AO None None G3/S3.2 4.2 No Ca/ystegia purpurata ssp. coastal bluff morning- PDCON040D2 None None G4T2/S2.2 1 B.2 Yes saxico/a glory Ca/ystegia sepium ssp. Santa Barbara morning- PDCON040E6 None None GSTH/SH 1A Yes binghamiae glory Ca/ystegia stebbinsii Stebbins's morning-glory PDCON040HO Endangered Endangered G1/S1.1 1B.1 Yes October, 12, 2006 ' Page 14 of 67 • GLOBAL RANKING ELEMENT RANKING • The global rank (G -rank) is a reflection of the overall condition of an element throughout its global range. SPECIES OR NATURAL COMMUNITY LEVEL Gi = Less than 6 viable element occurrences (Eos) OR less than 1,000 individuals OR less than 2,000 acres. G2 = 6-2o Eos OR 1,000-3,000 individuals OR 2,000-io,000 acres. G3 = 21-8o Eos OR 3,000-10,000 individuals OR 10,000-50,000 acres. G4 = Apparently secure; this rank is clearly lower than G3 but factors exist to cause some concern; i.e., there is some threat, or somewhat narrow habitat. G5 = Population or stand demonstrably secure to ineradicable due to being commonly found in the world. SUBSPECIES LEVEL Subspecies receive a T -rank attached to the G -rank. With the subspecies, the G -rank reflects the condition of the entire species, whereas the T -rank reflects the global situation of just the subspecies or variety. For example: Chorizanthe robusta var. hartwegii. This plant is ranked G2T1. The G -rank refers to the whole species range i.e., Chorizanthe robusta. The T -rank refers only to the global condition of var. hartwegii. The state rank (S -rank) is assigned much the same way as the global rank, except state ranks in California often also contain a threat designation attached to the S -rank. Si = Less than 6 Eos OR less than 1,000 individuals OR less than 2,000 acres S1.1= very threatened S1.2 = threatened S1.3 = no current threats known S2 = 6-2o Eos OR 1,000-3,000 individuals OR 2,000-1o,000 acres S2.1= very threatened S2.2 = threatened S2.3 = no current threats known S3 = 21-8o Eos or 3,000-10,000 individuals OR 10,000-50,000 acres S3.1= very threatened S3.2 = threatened S3.3 = no current threats known S4 = Apparently secure within California; this rank is clearly lower than S3 but factors exist to cause some concern; i.e. there is some threat, or somewhat narrow habitat. NO THREAT RANK. S5 = Demonstrably secure to ineradicable in California. NO THREAT RANK. Notes: 1. Other considerations used when ranking a 3. Other symbols: species or natural community include the pattern of distribution of the element on the landscape, GH All sites are historical; the element has fragmentation of the population/stands, and not been seen for at least 20 years, but historical extent as compared to its modern suitable habitat still exists (SH = All range. It is important to take a bird's eye or California sites are historical). aerial view when ranking sensitive elements rather than simply counting element occurrences. GX All sites are extirpated; this element is extinct in the wild (SX = All California sites are extirpated). 2. Uncertainty about the rank of an element is expressed in two major ways: GXC Extinct in the wild; exists in cultivation. By expressing the ranks as a range of values: e.g., S2S3 means the rank is somewhere between G1Q The element is very rare, but there are S2 and S3. taxonomic questions associated with it. By adding a ? to the rank: e.g., S2? This represents more certainty than S2S3, but less T Rank applies to a subspecies or variety. certainty than S2. iv • 0 The California Native Plant Society's (CNPS) Lists 1A. Presumed extinct in California 1B. Rare or Endangered in California and elsewhere 2. Rare or Endangered in California, more common elsewhere 3. Plants for which we need more information - Review list 4. Plants of limited distribution - Watch list List iA: Plants Presumed Extinct in California The plants of List iA are presumed extinct because they have not been seen or collected in the wild in California for many years. Although most of them are restricted to California, a few are found in other states as well. In many cases, repeated attempts have been made to rediscover these plants by visiting known historical locations. Even after such diligent searching, we are constrained against saying that they are extinct, since for most of them rediscovery remains a distinct possibility. Note that care should be taken to distinguish between "extinct" and "extirpated." A plant is extirpated if it has been locally eliminated, but it may be doing well elsewhere in its range. List ill: Plants Rare, Threatened, or Endangered in California and Elsewhere. The plants of List iB are rare throughout their range. All but a few are endemic to California. All of them are judged to be vulnerable under present circumstances or to have a high potential for becoming so because of their limited or vulnerable habitat, their low numbers of individuals per population (even though they may be wide ranging), or their limited number of populations. Most of the plants of List iB have declined significantly over the last century. List 2: Plants Rare, Threatened, or Endangered in California, but More Common Elsewhere Except for being common beyond the boundaries of California, the plants of List 2 would have appeared on List 1B. From the federal perspective, plants common in other states or countries are not eligible for consideration under the provisions of the Endangered Species Act. Until 1979, a similar policy was followed in California. However, after the passage of the Native Plant Protection Act, plants were considered for protection without regard to their distribution outside the state. List 3: Plants About Which We Need More Information - A Review list The plants that comprise List 3 are united by one common theme --we lack the necessary information to assign them to one of the other lists or to reject them. Nearly all of the plants remaining on List 3 are taxonomically problematic. List 4: Plants of Limited Distribution - A Watch list The plants in this category are of limited distribution or infrequent throughout a broader area in California, and their vulnerability or susceptibility to threat appears low at this time. While we cannot call these plants "rare" from a statewide perspective, they are uncommon enough that their status should be monitored regularly. Should the degree of endangerment or rarity of a List 4 plant change, we will transfer it to a more appropriate list or deleted from consideration. Threat ranks: Recently, CNPS added a decimal threat rank to the List ranks to parallel that used by the CNDDB. This extension replaces the E (Endangerment) value from the R -E -D Code. CNPS ranks therefore read like this: 1B.1, 1B.2, etc. New Threat Code extensions and their meanings: .1- Seriously endangered in California (over 80% of occurrences threatened / high degree and immediacy of threat) .2 — Fairly endangered in California (20-80% occurrences threatened) .3 — Not very endangered in California (<20% of occurrences threatened or no current threats known Note that all List 1A (presumed extinct in California) and some List 3 (need more information- a review list) plants lacking any threat information receive no threat code extension. Also, these Threat Code guidelines represent a starting point in the assessment of threat level. Other factors, such as habitat vulnerability and specificity, distribution, and condition of occurrences, are also considered in setting the Threat Code. vi • • Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities State of California THE RESOURCES AGENCY Department of Fish and Game December 9, 1983 Revised May 8, 2000 The following recommendations are intended to help those who prepare and review environmental documents determine when a botanical survey is needed, who should be considered qualified to conduct such surveys, how field surveys should be conducted, and what information should be contained in the survey report. The Department may recommend that lead agencies not accept the results of surveys that are not conducted according to these guidelines. 1. Botanical surveys are conducted in order to determine the environmental effects of proposed projects on all rare, threatened, and endangered plants and plant communities. Rare, threatened, and endangered plants are not necessarily limited to those species which have been "listed" by state and federal agencies but should include any species that, based on all available data, can be shown to be rare, threatened, and/or endangered under the following definitions: A species, subspecies, or variety of plant is "endangered" when the prospects of its survival and reproduction are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, over -exploitation, predation, competition, or disease. A plant is "threatened" when it is likely to become endangered in the foreseeable future in the absence of protection measures. A plant is "rare" when, although not presently threatened with extinction, the species, subspecies, or variety is found in such small numbers throughout its range that it may be endangered if its environment worsens. Rare natural communities are those communities that are of highly limited distribution. These communities may or may not contain rare, threatened, or endangered species. The most current version of the California Natural Diversity Database's List of California Terrestrial Natural Communities may be used as a guide to the names and status of communities. 2. It is appropriate to conduct a botanical field survey to determine if, or to the extent that, rare, threatened, or endangered plants will be affected by a proposed project when: a. Natural vegetation occurs on the site, it is unknown if rare, threatened, or endangered plants or habitats occur on the site, and the project has the potential for direct or indirect effects on vegetation; or b. Rare plants have historically been identified on the project site, but adequate information for impact assessment is lacking. 3. Botanical consultants should possess the following qualifications: a. Experience conducting floristic field surveys; b. Knowledge of plant taxonomy and plant community ecology; c. Familiarity with the plants of the area, including rare, threatened, and endangered species; d. Familiarity with the appropriate state and federal statutes related to plants and plant collecting; and, e. Experience with analyzing impacts of development on native plant species and communities. 4. Field surveys should be conducted in a manner that will locate any rare, threatened, or endangered species that may be present. Specifically, rare, threatened, or endangered plant surveys should be: a. Conducted in the field at the proper time of year when rare, threatened, or endangered species are both evident and identifiable. Usually, this is when the plants are flowering. When rare, threatened, or endangered plants are known to occur in the type(s) of habitat present in the project area, nearby accessible occurrences of the plants (reference sites) should be observed to determine that the species are identifiable at the time of the survey. b. Floristic in nature. A floristic survey requires that every plant observed be identified to the extent necessary to determine its rarity and listing status. In addition, a sufficient number of visits spaced throughout the growing season are necessary to accurately determine what plants exist on the site. In vii • 0 order to properly characterize the site and document the completeness of the survey, a complete list of plants observed on the site should be included in every botanical survey report. c. Conducted in a manner that is consistent with conservation ethics. Collections (voucher specimens) of rare, threatened, or endangered species, or suspected rare, threatened, or endangered species should be made only when such actions would not jeopardize the continued existence of the population and in accordance with applicable state and federal permit requirements. A collecting permit from the Habitat Conservation Planning Branch of DFG is required for collection of state -listed plant species. Voucher specimens should be deposited at recognized public herbaria for future reference. Photography should be used to document plant identification and habitat whenever possible, but especially when the population cannot withstand collection of voucher specimens. d. Conducted using systematic field techniques in all habitats of the site to ensure a thorough coverage of potential impact areas. e. Well documented. When a rare, threatened, or endangered plant (or rare plant community) is located, a California Native Species (or Community) Field Survey Form or equivalent written form, accompanied by a copy of the appropriate portion of a 7.5 minute topographic map with the occurrence mapped, should be completed and submitted to the Natural Diversity Database. Locations may be best documented using global positioning systems (GPS) and presented in map and digital forms as these tools become more accessible. 5. Reports of botanical field surveys should be included in or with environmental assessments, negative declarations and mitigated negative declarations, Timber Harvesting Plans (THPs), EIR's, and EIS's, and should contain the following information: a. Project description, including a detailed map of the project location and study area. b. A written description of biological setting referencing the community nomenclature used and a vegetation map. c. Detailed description of survey methodology. d. Dates of field surveys and total person -hours spent on field surveys. e. Results of field survey including detailed maps and specific location data for each plant population found. Investigators are encouraged to provide GPS data and maps documenting population boundaries. f. An assessment of potential impacts. This should include a map showing the distribution of plants in relation to proposed activities. g. Discussion of the significance of rare, threatened, or endangered plant populations in the project area considering nearby populations and total species distribution. h. Recommended measures to avoid impacts. i. A list of all plants observed on the project area. Plants should be identified to the taxonomic level necessary to determine whether or not they are rare, threatened or endangered. j. Description of reference site(s) visited and phenological development of rare, threatened, or endangered plant(s). k. Copies of all California Native Species Field Survey Forms or Natural Community Field Survey Forms. 1. Name of field investigator(s). in. References cited, persons contacted, herbaria visited, and the location of voucher specimens. Pagel of 1 i Michelena, Mark From: Jones, Darren Sent: Wednesday, May 03, 2006 9:03 AM To: Michelena, Mark Subject: Sakal, Don UP 06-14 No new mitigation/conditions required since original letter sent. Letter required the following for approval of Use Permit: . Install septic system under permit from Environmental Health. • Contact Mike Huerta in our Chico office regarding any Hazardous Material Mgmt and Waste Laws requirements. Application complete. Darren Jones Environmental Health Division M 5/3/2006 a i 0 r] March 28, 2006 Donald Sakai 1.4.664 Skyway Magalia, CA 95954. 75 �utte L'ountu LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 202 Mira Lama Drive E 411 Main Street �7 County Cerner Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 35965 TEL: (530) 538-7282 Chico; CA 95927 TEL: (530) 528-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 5: 8-7785 FAX: (530) 895.6512 RE: Pre -Application for Use Permit, 14664 Skyway, APN 65-171-043 Dear Mr. Sakai, This department has received and processed your pre -application for a Use Permit for a medical clinic at the above-mentioned location. You have indicated that you will have three full-time employees, two part-time employees, and will see up to 20 patients per day. The clinic will be open Monday through Friday, from 9:00 a:m. to 5:00 p.m. There is adequate area and depth of soil on the proposed location to support a sewage disposal system sized for your proposed facility. You should be aware that you may be subject to Hazardous Material Management and Waste Laws and may wish to contact Mike Huerta in the Chico office of Environmental Health regarding this issue. Provided that the application and proposal presented to the Development Services Department conforms to the packet you submitted to our office we are prepared to approve your Use Permit. When you apply for the Use Permit with Butte County Planning, they will collect the remainder of our fee, which will be $202.00. If you have any. further questions or concerns please contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist cc. Butte County Planning Nick Trover Butte County Depbment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA, 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile May 8, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Sakal, Don, UP 06-14 - Planner: Mark Michelena APN: 065-171-043 Location: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). 30 -Day Complete 5/18/2006 Date of IDR 5/10/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County -Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 5/10/2006. Do you find this application complete? ❑ NO. Please respond prior.to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: @buttecounty.net). Signature: Darren Read Department: CDF Date: 5/01/06. R/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 • BUTTE COUNTY • STANDARD'CONDITIONS FOR USE PERMIT APPLICANT Sakal, Don DATE: 4/18/2006 AGENT: Nick Trover APN: 065-171-043 FILE #: UP 06-14 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE X 1. Construction, installation or development ofbuildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Publi Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow cf GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel .or Final map recordation. -Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ' ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall - be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. X 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, `Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted a` the time of permit issuance and maintained continuously thereafter. APPLICANT Sakal, Don AGENT: Nick Trover FILE #: UP 06-14 • 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: 4/18/2006 APN: 065-171-043 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPART NT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE �1 Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever i stricter. ❑ 2. Prior to construction; a pressurized community water system for fire protection i.3 required. Bonding may be allowed with the approval of the County Fire Chief. Average required, hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map o:- an =an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4 In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel o- Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted a: the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services , TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 28, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Sakal, Don, UP 06-14 Planner: Mark Michelena APN: 065-171-043 Location: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). 30 -Day Complete 5/18/2006 Date of IDR 5/10/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent "to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 5/10/2006. Do you find this application complete? NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures: Signature: Ty6ert C. 24 ftuq . Commissioner Department: Agriculture • Date: April 28, 2006 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 • • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Sakal, Don DATE: 4/18/2006 AGENT: Nick Trover APN: 065-171-043 FILE #: UP 06-14 PLANNER: Mark Michelena PROJECT DESCRIPTION: A medical clinic in the Magalia area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existir_g driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ® 2. Prior to the issuance of use permit, deed to Butte County in fee simple 40 feet of right-of-way from the centerline of Skyway along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of use permit, submit road and draina aim rovement plans for the installation and construction of the street frontage improvements on to County Improvement Standards. Improve parcel I frontage to a ''/s+ 12' / full street section on to an RA road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ® 4. Prior to the issuance of use permit, relinquish abutter's rights of access to Butte County along the frontage of parcel, except at approved access points. B. DRAINAGE ® 1. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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 use permit, establish 100 year flood plain elevations and.the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodet:.c Vertical Datum of 1929) 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. Butte County D*rtment of Development* Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile May 1, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Sakai, Don, UP 06-14 Planner: Mark Michelena APN: 065-171-043 Location: On the East side of the Skyway 650' North of Woodward Dr. (14664. Skyway). 30 -Day Complete 5/18/2006 Date of IDR 5/10/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF: All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 5/10/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ® YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. - If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: @buttecounty.net). Signature: E. Schroth Date: 5/1/06 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Department: Public Works - County of Butte 4§UTTE COUNTY RECEW 7 County Center Drive . Oroville, CA 75965 DepandblidilifiRl d1dithdAWhIrvices Phone (530) 538-7881 Fax (530) 538-2140 Project Number: UP 06-14 Site Address: 14664 SKYWAY MAGALIA, CA Site Apn: 065-171-043 Applicant: Don Sakai 14664 Skyway Magalia, CA 95945 Description: Magalia Pines Medical Clinic - 14664 Sky .Printed: 1/3/2007 9:24 am Fee Description Account Number Fee Amount Publishing Fee Chico ER 0010-440001-4210900-1010 $93.60 Total Fees Paid: $93.60 Date Paid: 1/3/2007 Paid By: Don Sakal Pay Method: Check 3058 Receipt Number: P268 Received By: DEL MAGALIA PINES FAMILY PRACTICE 3058 MEDICAL CLINIC 530-873-1676 w LIJUN SAKAL, PHD, M. D. 90-2267/1211 3827 DONALD SAKAL, M. S. PA-C 14130 SKYWAY SUITE H DATE MAGALIA, CA 95954- PAY TO THE ' /% /% / f � $ ORDER OF / P S Y DOLLARoeuu... eec.. usbarik.com bank. !s4.G FOR✓Co fin[ o .c FVP �: 12 L 112 26761: IS349060576011':30SIB. , a d , .p Butte County Department of Development Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone 0 lo r114) )o0i., Use Permit Applicant: Don Sakai 14664 Skyway Magalia, CA 95945 File: UP 06-14 APN: 065-171-043 Date: December 21, 2006 INVOICE UP 06-14 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered intoo olio billing program There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on N this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will 2 receive a FINAL INVOICE. Z uj The following DISBURSMENTS have been applied towards your Proiect(s): rn � Deposit Disbursement Detail: N Deposit Date: April 18, 2006 Land Development $ 165.00 F3 Receipt: 450071 Environmental Health $ 202.00 ad Total Payment: $3,752.50 CDF/Fire Department $ 347.00 NOD/NOE Filing Fee $ 36.00 N Agricultural Department $ 32.50 a DEVELOP. SVCS- PLANNING FLAT FEE: $ 2,970.00 Lu TOTAL DISBURSMENT TO DATE: $ 3,752.50 The following CHARGES have been applied towards processing of your application: N H as of: December 21, 2006 to Publishing Fees Due: p2„ Mercury Register 10/31/06 $ 93.60 W r` N Z Q TOTAL PUBLISHING FEES DUE: $ 93.60 (9 Q w - 0 U Butte County Code 3-44 Hourly fees; deposits; billing procedures: County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to W the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide C3 sufficient funds to continue processing an application, the application will be denied. ZMake checks payable to: Butte County Treasurer and send it to us at the above address. have an please call Accounts Receivable between 8:00 a.m. to 4 m., Monday through Friday. Should P• Y 9 Y 0 you y y questions, Q AMOUNT DUE AND PAYABLE BY: $ 93.60 January 8, 2007 Biller. UD K TISCAL ADMINOLLINGS 8 REFUNDSt2006 invoiiCes%Sakal UP 06-14 publishing invoice 12-21-00 �1a TO: NOTICE OF DETERMINATION Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. 0 FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 065 -171 -043 - Project Title: UP 06-14, Use Permit Applicant: Don Sakal, 14664 Skyway, Magalia, CA 95945 Contact Person: Mark Michelena Telephone Number: 538-7601 Project Description: A request by Donald M. Sakal to locate a medical clinic on a 4.87 acre property in the AR 2.5 (Agricultural Residential - 2.5 -acre minimum) zone. Project Location: On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on November 30, 2006 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR O L DEC 1 3 2006 CANRI APP,�CV—DEPUBUTTIE W. TY Butte County Department of Development Services 7 County Center Drive Oroyi*, QA 9_.,96 I Charles Thistlethwa te, Development Services Planning Manager r i� Mitigation Measures: Mitigation Measure # 1: All lighting, exterior and interior, related to the medical clinic shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and or. all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 3. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal oi, retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior tc any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. Post a publicly visible sign with the telephone number and person to contact regarding; dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible tc ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). e. All visibly dry disturbed soil.surface areas of operation shall be watered to minimize dust emissions. f. Existing roads and street adjacent to the project shall be cleaned'at lease once per da} unless conditions warrant a greater frequency. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4. Mitigation Measure # 3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc., structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 7: Prior to issuing the proposed use permit for the medical clinic, ZCA 05-05, allowing medical and dental clinics and offices in the AR (Agricultural Residential) zone, must be approved by the Board of Supervisors. ZCA 05-05 must be effective prior to issuing building permits. Plan Requirements: Submit drainage plans and calculations to the Department of Public . Works for review and approval. Timing: ZCA 05-05 must be effective prior to issuing building permits. Monitoring: The Department of Development services shall ensure that ZCA 05-05 was approved and in effect prior to issuing building pen -nits. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Don Sakai 14664 Skyway Magalia, CA 95945 Project Title/File Number: Use Permit, UP 06-14 APN: 065-171-043 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # 450071 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief PlanninLy Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: December 12, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL_ DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. 0 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 06-14, On the East side of the Skyway 650' North of Woodward Dr. (14664 Skyway). Project Description: A medical clinic in the Magalia area. Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game. filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the projectwill not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Charles Thistlethwaite, IDevelopment Services Planning Manager Lead Agency: County of Butte Date: December 12, 2006 n coulqrf OF sl--rrTE AUDITOR'S CERTINCATE AND TREASURER'S RECEIPT OROVILLE, CA A7R NO RECEIVED FROM PLANNING BAG - , 316 94313 DATE - 411912006 FUND FUND ...:DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 4119 RECEIVED ON: 4113 RECEIPTS: 45M-7- 45W79 PLANNING APPL FEES GENL 0010 44MOI 42109M 10i0ol 4,080.0ol/ Pimject Number Amauhd df Fee 025-210-008, (99. THTEEMENtAkY VUST: LIL-A M-- $ 555.00 06,5f71-043; GiRRIETTE CON' STRUC-hON; UP 08-14 $2,970.00 078-340L028., GRg; 'A,".0N,REALTY: LLA 06-32 $ 555.'00 LAND DEVELbPME4 GEN""...._. 0010 44MU 46117M 101M -i W&C-110 PTOct-Number Amount of Fee 025 -210 -OW. 009: TESTEMENTARY TRUST, LLA0#3-31 $ 359.00 066-171-04.3 133RIVIEETTE C--'ONSTRUC'nON; UP 05-1.4 $ 1165.00 078-340-028; -029; ACTION REALTY; LLA'Gf�k' $ 369.00 EWWROWWNTAL HLT*H GEML 0010 P4?M 4614901 10101 774.00 Projept.-Number Amount of Fee 0215-210-008, 009; TEST EMENTARY TRUST; LLA. 06 -TIF $ 280,00 005-171-043; GRIVETTE CONSTRUCTIOR. UP -08-14 $ '202.00 078-340-328-,029--,-ACTl0N REALTY; LLA M-32--- $ 28810 FIRE PLNG APPL FEE FIRE PROTECT WOO 4617240 101cul 425.00 Project Number Ambunt of Fee -TESTEMEWWW TRU-s-T-LLK'06-si 1355-9l, VO4:3, GRIVETTE CON STRUCTiON; UP G8-14 $ 347.00 078-34G-028,029, ACT10Tq REALTY; LLA 0&32 $ 64,110 NODrNOE CLERK'S FILING FE GENL 0010 470MI 4612319 101WI 39.00 ($36) Project Number Amount of Fee 0653-171-043; 03RIVETTE CONSTRUC=N; UP 0044 $ 30.00 AGRICULTURE AG FEE 0010 46=i 46122CO 101001 97.50 Project Number Amount of Fee 025-2 -10-00, 009; TESTEINIENTARY TRUST, LLA. 60-31 32..531 05&171-343; GRIVETTE CONSTRUCTION; UP 06-14 32.50 078-34M28,029, ACTION REALT-1; U -A 0-32 32.50 TOTAL $ 6,325.50 APPROliED a : RECEIVED 9Y- AUDITUR-CON'TROLLER TfREASURER By. 5 COUNTY OF BUTTE ` FIELD i NUMBER OkOVILLE, CALIFORNIA PURCHASE ORDER F07-174 s Paradise Post U Drawer 70 P Paradise, CA 95969 P L I E R . Issued By DDS/Planning Division Department X33)93 DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 10/31/06 AMOUNT PUBLIC NOTICE 440-001-53 2 To be published in the Oroville Mercury 3 on Tuesday, October 31, 2006 4 Please furnish this office two copies of the affidavit of 5 Publication. 6 > (Sakal - UP 06-14�� Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 ' TOTAL I �j . G 0 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for a here is a Budget Appropriation for the same. F 07-174 Date: n oV '� all- '1 l Pit 1 p epa men a or AUthonzea Deputy ci 1001 ico non I - Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD • Paradise Post 5399 Clark Road Paradise, Ca 95969 Butte Co. Planning Commission 7 County Center Drive Oroville, CA 95965 • Invoice DATE INVOICE # 10/31/2006 661-06 INCHES DESCRIPTION RATE AMOUNT 18 Public Notice: Don Sakal Publish Date: October 31, 2006 5.20 93.60 Net 30 Total $93.60 k�V 13u,r-rn '. COUNTY NOV 0 6 12006 DEVELOPNZ PT SERVICES • 0 Paradise Post Declaration of Publication State of California County of Butte Declarant Says: J That at all times herein mentioned Declarant is and was a resident of said county of Butte over the age of twenty- one years; not a part to nor interested in the within matter; that Declarant is now and was at all times herein mentioned the Legal. Clerk of the Paradise Post, a tri -- weekly newspaper, which said newspaper was adjudged a newspaper of general circulation on November 12, 1946, by Superior Court Order No. 22262 as entered in Book 30 Page 223 of said Court; and that said newspaper is printed and published every Tuesday, Thursday and Saturday in Paradise in said Qounty of Butte; and that the Public Notice Butte Co, Planning Commission Don Sakal Legal #661-06 And which the copy annexed on the margin hereof is a true printed copy, was published in said newspaper in the issues of October 31, 2006 and that such publications was made in the regular issues .of said paper (and not in any supplemental edition or extra thereof) ... I declare under penalty of perjury that the foregoing is true and correct. Executed on OC 6 Declarant COUNTY NOV 18 2006 DEVEL13PMENI SER14CES Notice is hereby given by the Butte County Plan: `'ng Commission that a public hearing will be held on November 30, 2006, at 9-D0 a.m. in the Butte County• Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroviile, Cn lowing item. alifornia; regarding the foi. MITIGATED NEGATIVE DECLARATION/USE PERMIT -Name: Don'Sakal Project: Use Permit UP 06-14 Planner: Mark Michelena APN: 065-171-043 Zoning: AR -2-1/2 Location: On the East side of the Skyway, 650' North oif Woodward Dr. (14664 Skyway). Proposal: A medical clinic in the Magalia area. In accordance with the California Environmental Quality A.ct (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project. The Initial Study/Mitigated Negative Declaration and reference docu- ments for this project are on file for public review starting October 31, 2006 through November 29,'2006, at the Butte Count+ Planning Division, 7 County Center Drive, Oroville, California. Wutten com- ments will be accepted by the Planning Division at the above address. ' Any written .comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review:period. , , CEQA requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. If you challenge either the Mitigated Negative Declaration ar the Use .Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this iotice, or I in written correspondence delivered to the Planning Divisbn at, or i prior to, the public hearing: For further information !regarding this project, please contEct Mark Michelena, at (530) 538-7376. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES Oct. 31, 2006 561-06 - Thu_ rsday, April 20 2006' Development 'Services, . I PLANNING DIVISION ver. 1.0 Counter DDS Planning $2,970.00 Person Khris (General Fund) Payment Date 4/18/2006 Receipt Number 450071 I* Public Works $165.00 (Land Development) Environmental Health ' $202.00 Received From Grivette Construction J8 $36.00 Aunt Minnie $1, 500 or $2,000 $0.00 Applicant Bakal, Don $0.00 Application Number 'UP 06-14 or In Reference To Parcel Number065-171-043 Check Number / Cash ;5778 Total Received E:'$3,752.50 Total Fees $3,752.50 I* Public Works $165.00 (Land Development) Environmental Health ' $202.00 CDF (Fire Department) $347.00 NOD / NOE (Recording Fee) $36.00 Aunt Minnie $1, 500 or $2,000 $0.00 ! $0.00 Planning Review / EIR $0.00 Fish/Game $0.00 ALUC (Airport LandUse) 7]1 $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) ! $0.00 Public Sales / Copies $0.00 Other: �$32.50ry ' COUNTY OF BUTTE 4 5007.1 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT jC.t 20 Received from The, Sum of `ni?z t� ✓FSI f-�-c�wt��C� �FT��` Ss ,S 7S jC3 Received: Received By— CASH y cases O 17 ' Title CHECK l .'72 By DAVCO BUSINESS FORMS • (530) 743-8511 Form 84702 e �I \ \ APPR0 D I I a Development P IDATE EX15TING 2388 5P'RE51DENCE 172'-0' m El USE PERMIT 4.�—VARIANCE m I I U.P.MINOR � ADM.PERMIT . 1 2� 2B-0 I PLANNING COMMISS. o ° I DIRECTOR OF II DEVELOPMENT SERVICE 1500 GAL. TANK I \ 72' INPU. TER. UNE REPLACEMENT LEACH UNE AREA I� I 72'INPIITRATER U'PLtI'UNE 72' INFILTRATER LEACH UNE 4 II 5KYWAY EA5EWNT L BUTTE if COUNTY NOV 2 9 2006 DEVELOPMENT SERVICES b Viµ¢ to. I I BtAi In CJ TI/\I Irk m V dw¢ to Mehnune Qd BUTTE COUNTY NOV 2 9 2006 DEVELOPMENT N.datml�e_fAe 1 Ceti�.•�ei• I!u¢ fn Mrinn Dvx rk- n 6 ,I' m DR 5Y.YWAY (RD) / 4— • ; ��._moa LWA i YYE / b � 1 II - JIUM MUM - OCT 13 2r.,..3 DEVELOVWX 1 Q axo m •Vette Sakai Clinic - MOVER DESIGNS o W Cons ction 14664 Skyway ID COMW ERCIAL - RESIDENTIAL SITE DESIGN & HOME PLANS Magaiia, CA 95954 7675 Skyway. Pam'se CA 955G9 PAW 5368761101 Faz s36876ns1 AP# 065-171-043 NICK TROVER 530.519-7132 cco4 ong� o D •� r•+ ��O—,o I LwDIC�P®NUA Oa9TWD NLL 9Rt � ('V �1L U I a I M Ar I UO IL-7 . s�4 GR VU ru 41* uw / oosnuc zsee x rose® \ !L`4 PY.OPO�CD NlDICK ODUG / 'N c94 SSW j • I \� / i eDo cri ruu, V O a u U ,V r TWDKP a Y CCm ol O 1/JID9Wm NfLA Ll —uvcnunr wen uxe Mu � Q Isaw�r useertirr I� } • I 1� .II • w ' ►7 U o L ROSEWOOD DR &LEA p 0 cc Lj SITE O O 3 a WOODWARD DR DATE: Vicinity Map &� JOB NO.: SCALE V - 30'4 _ / N wn � I wuxxmrxrw� ensmc xru SlR I � I ``so cznvn ruw�u ruw / g IoxJ�eo `� ` \ sro rraroxo umatx awc / 6!4 b `\ � 300 Gw TalK N IUHDSWm/Jtl -- - - Rt1w3MM IlALn YM MG ISKYWAY IAYMD? • I� I I SITE I Vicinity Map DR 0 on3nwc 2333 x zClDala ,DD GPL TwR . SCALE , • a WO OZV N �+t ,�/ a 0 r3 te, �wl.�y� y U OU IwroscArm Antes oasmic woi srte I g roxJ�rn / °� \ 'L`0twroseo Mcarx awc / cso � soo cu. ruu 3 Ysrow Iw�owr®Aau — — atnALaa�R uAa� wa esu I9q WAY IA_'CIQiR • I✓ • I I SITE I Vicinity Map cc 0 Mn. 2s xxts-'. ,� WL YANL SCALE 1' a 3(7-0' :N r. Iro zg u -O S5 Ile U.N- U hl z N� O y flo M ® p SCALE 1' a 3(7-0' :N r. Iro zg u -O S5 Ile U.N- U hl a t r Nr 172'-0' F-1 4-30-a 2'INPILYKATERLeA01 UNI 72' INPILTRATER LeACM We 5KYWAY F-A5EMfNT REPLACEMENT LeAC?l UNE AREA Ur 005TING 2368 SP RESIDENCE 500 GAL. TANK BUTTE C G UN r—F Y NOV 2 9 2006 DBVEL0PlMe,BNT SERVICES H COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE SCHOOF ROBERT A & MARGARET M P O BOX 507 MAGALIA CA 95954 i HIIGEMP 9E'9b� 9S96SIV3397 012HI6205578 $00.37-1 115 10/30/2006 Mailed From 95965 US POSTAGE 957 N1 1 386 C 21 11,#03/08 RETURN TO SENDER SCHOOF ° RO®ERT A 1925 FACER !-HILL RD PENRYN CA 95663-9SO9 RETURN TO SENDER lilt f(licl(Iff(IN114 I f f I f I I f f f ( 1 1. 1 0 1 �3'18 VNn ItsmaNZIS-01 Ndnl3u 9Q�,;,T�TT TZ, T 4%ro MZ)<IN RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE oceeMS96"s-6 DIEGO KEITH JEFF & LISA M PO BOX 961 MAGALIA CA 95954 p1wo o V-Y4MAAXW 4j&%% 012H16205578 w Li 1 C3 $00.371- to 10/30/2006 Lu w Mailed From 95965 vA CL US POSTAGE .,.. A N DIEGO KEITH JEFF & LISA M PO BOX 961 MAGALIA CA 95954 p1wo i Y COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 D RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE BENJAMIN ESTHER R FAMILY TRUST P0BOX 784 MAGALIA CA 95954 VS7 N i 1 306 C 21 11/03./06 RETURN TO SENDER MENJAMIN . 227 VENTANA WAY ARTOS OA 95003—SS37 RETURN TO 'SENDER "'WL 012H16205578 o UJ U) : r •. 15 i a $00.37-1 n U vs + R 10/30/2006 OAC Mailed From 95965 US POSTAGE BENJAMIN ESTHER R FAMILY TRUST P0BOX 784 MAGALIA CA 95954 VS7 N i 1 306 C 21 11/03./06 RETURN TO SENDER MENJAMIN . 227 VENTANA WAY ARTOS OA 95003—SS37 RETURN TO 'SENDER �� s