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Home My WebLink AboutUP07-0008l lc) ' 6 3 February 7, 2008 BUTTE COUNTY The Honorable Members of the Butte County Planning Commission APR 2 5 2008 c/o Carl Durling DEVEEI,OPMENT Butte County Department of Developmetn Services SERVICES #7 County Center Drive, Oroville, CA, 95965 Regarding: Request for Exception to Oro -Dam Blvd. portion o f Public Works Street Condition #3 File No.: UP07-0008 APN: 030-196-004 Honorable Members of the Butte County Planning Commission, Per Butte County Code Chapter 20 SUBDIVISIONS, Article II General Provisions, Section 20-4 EXCEPTIONS TO DESIGN REQUIREMENTS, we are requesting that the Planning Commission, in considering approval of our Use Permit application UP07-0008, authorize an exception to the portion of proposed Public Works Street Condition #3 which requires that -we improve the 110 feet of our parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Public Works Street Condition #2 would already require that we deed to Butte County in fee simple 45 feet of right-of-way from the centerline of Oroville Dam Boulevard along that entire property frontage. We feel that the requirement for full street frontage curb -gutter -sidewalk improvements is excessive, inappropriate, and inconsistent with past practice and existing conditions. In the entire length of Highway 162, from about 700' west of the bridge crossing the Feather River all the way to Richvale, only one parcel has curb, gutter and sidewalk improvements. That parcel is the gas station on the northwest corner of 14 St. and Oro - Dam Blvd. The 1.3 mile portion of Oro Dam Blvd. between the Feather River and18th St. is a leap -frog strip annexation by the City of Oroville. The City should be responsible for improvements to this portion of their street. Public Works Street Condition #4 requires us to relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of our parcel. We accept the loss of access off of Oro Dam Boulevard because we would still have access off of Rosekrans Drive. We can accept the second part o f Public Works Street Condition #3 which requires construction of street frontage improvements on Rosekrans Drive, because there are already portions of Rosekrans Drive that have curb, gutter, and sidewalk. We want to improve our land and our neighborhood, but we think that the first part of Condition #3 about improving Oro -Dam Blvd. is excessive. a. We are requesting that you find, as we have described above: That there are special circumstances and conditions of location and existing development affecting the property, which existed at the time we made our application for the Use Permit, which justify an exemption from the portion of proposed Public Works Street Condition #3 which requires that we improve the 110 feet of parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. We want to thank you for your careful consideration of this request for exception from the first portion of Public Works Street Condition #3. Jose Ziranda 1260 Oro Dam Blvd. Oroville, CA 95965 r Butte County Department ofDevelopment Services PAUL MACINTOSH, INTERIM DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING December 20, 2007 Jose Ziranda 1260 Oro Dam Blvd West Oroville, CA 95965 Re: Application Complete — Use Permit to establish a third dwelling in the "C-2" zone, APN 030-193-004, Project # UP07-0008 Dear Mr. Ziranda: Pursuant to Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "complete" on December 19, 2007. On that date, Butte County Departments reviewing your project determined that the information you submitted met their requirements. Public Works is recommending conditions that will affect your property. I have enclosed their document. Environmental review will be conducted pursuant to the California Environmental Quality Act. Upon conclusion of environmental review, an agenda report will be prepared, and this project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7150, or via e-mail at cdurling@buttecounty.net. Sincerely, &i�/, Carl L. Durling Associate Planner . Enclosure OWNER OWNER -ADD CITYSTZIP DUTTON GARY & BARBARA 79 RIDGE WY OROVILLE CA 95966 ELMORE DUKE & DIANA 1299 DODGE AVE OROVILLE CA 95965 FREEMAN BRADFORD B & MARSHA A 1227 DODGE AVE OROVILLE CA 95965 HEATH FRED B 1098 E 1ST AVE CHICO CA 95926 HENSLEY MICHAEL & PAMELA 1271 DODGE AVE OROVILLE CA 95965 HILST LINCOLN PO BOX 3357 CHI CO CA 95927 HUMES DAVID & JANELLE 725 WRAY CT OROVILLE CA 95965 JARRETT FAMILY TRUST 3183 CLAREMONT DR OROVILLE CA 95966 KROENCKE PETER M & OLGA T JT P O BOX 30254 CROMBERG CA 96103 KRUSE CHRIS & CHRISTAL 1023 12TH ST OROVILLE CA 95965 LARSON BEVERLY 1220 ROSEKRANS OROVILLE CA 95965 LARSON BEVERLY 1220 ROSEKRANS DR OROVILLE CA 95965 LARSON BEVERLY ETAL 1220 ROSEKRANS OROVILLE CA 95965 MAYHEW JUDY F 1171 ORO DAM BLVD WEST #3 OROVILLE CA 95966 MULLIN MARCELLA R 1272 ROSEKRANS OROVILLE CA 95965 NIETO EDWARD JOSEPH & KATHERINE MARIE 1275 ORO DAM WEST OROVILLE CA 95965 NINE EIGHTY FIVE LINDSEY LN LAND TRUST PO BOX 2355 OROVILLE CA 95965 SAELEE CHAN C ETAL 2017 ROSEDALE AVE OAKLAND CA 94601 SANDERS VERNE 1245 DODGE AVE OROVILLE CA 95965 SIMONS STEVEN 1880 5TH STREET OROVILLE CA 95965 SORIA JESUS & MYRNA 539 W MAGNOLIA AVE INGLEWOOD CA 90301 TABOR VICTOR W & DONNA M 1248 ROSEKRANS AVE OROVILLE CA 95965 THAO YE 1262 ROSEKRANS DR. OROVILLE CA 95965 THEUS LAURA AKA 16 SHARP RD OROVILLE CA 95966 TITSWORTH JOANN M 1271 ROSEKRANS DR OROVILLE CA 95965 WALTON RONALD E 1285 ROSEKRANS DR OROVILLE CA 95965 WYNN PRISCILLA 1037 12TH ST OROVILLE CA 95965 ZIRANDA JOSE 1240 ORO DAM BLVD OROVILLE CA 95965 0 • February 1, 2008 The Honorable Members of the Butte County Planning Commission c/o Carl Durling Butte County Department of Developmetn Services #7 County Center Drive, Oroville, CA, 95965 Regarding: Request for Exception to Oro -Dam Blvd. portion o f Public Works Street Condition #3. File No.: UP07-0008 APN: 030-196-004 Honorable Members of the Butte County Planning Commission, Per Butte County Code Chapter 20 SUBDIVISIONS, Article II General Provisions, Section 20-4 EXCEPTIONS TO DESIGN REQUIREMENTS, we are requesting that the Planning Commission, in considering approval of our Use Permit application UP07-0008, authorize an exception to the portion of proposed Public Works Street Condition #3 which requires that we improve the 110 feet of our parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Public Works Street Condition #2 would already require that we deed to Butte County in fee simple 45 feet of right-of-way from the centerline of Oroville Dam Boulevard along that entire property frontage. We feel that the requirement for full street frontage curb -gutter -sidewalk improvements is excessive, inappropriate, and inconsistent with past practice and existing conditions. In the entire length of Highway 162, from about 700' west of the bridge crossing the Feather River all the way to Richvale, only one parcel has curb, gutter and sidewalk improvements. That parcel is the gas station on the northwest corner of 14 St. and Oro - Dam Blvd. The 1.3 mile portion of Oro Dam Blvd. between the Feather River and18th St. is a leap -frog strip annexation by the City of Oroville. The City should be responsible for improvements to this portion of their, street. Public Works Street Condition #4 requires us to relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of our parcel. We accept the loss of access off of Oro Dam Boulevard because we would still have access off of Rosekrans Drive. We can accept the second part o f Public Works Street Condition #3 which requires construction of street frontage improvements on Rosekrans Drive, because there are already portions of Rosekrans Drive that have curb, gutter, and sidewalk. We want to improve our land and our neighborhood, but we think that the first part of Condition #3 about improving Oro -Dam Blvd. is excessive. a. We are requesting that you find, as we have described above: That there are special circumstances and conditions of location and existing development affecting the property, which existed at the time we made our application for the Use Permit, which justify an exemption from the portion of proposed Public Works Street Condition #3 which requires that we improve the 110 feet of parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. We want to thank you for your careful consideration of this request for exception from the first portion of Public Works Street Condition #3. Jose Ziranda 1260 Oro Dam Blvd. Oroville, CA 95965 l ip•o� ' ac W N 6. �Z 5F IO-oPOsev 1 N TH /9.0 .o . AF51 D..tly Cir. ° 116 0 0120 FDA M 672sF 0010. GI;O DAM E LV D, E � y-?' c 1' 1. 1 i 3� 6 7Z �F 0 i2�l0. OQO 13A 13' N WOQ -5 I�f � u �► Dor s,_ t91,) IDLO7 PLAN SCALE y1-.Io'b,,.APPIC- p. t. AP & -OaO m L 4ov j' y-?' c 1' 1. 1 i 3� 6 7Z �F 0 i2�l0. OQO 13A 13' N WOQ -5 I�f � u �► Dor s,_ t91,) IDLO7 PLAN SCALE y1-.Io'b,,.APPIC- p. t. AP & -OaO m L 4ov j' rf t � • P 1/21/2009 Butte County Department of Development Services 10:07 AM Pre -Bill Worksheet Page 1 Selection Criteria Appl.Selection Include: UP07-0008 Nickname UP07-0008 1 ZIRANDA Full Name JOSE ARANDA Date Employee Rate Hours Amount Tbtal ID Task Markup % DNB Time DNB Amt 11/21/2007 CThomas 151.00 0.75 113.25 Billcble 15269 Phone Calls/Counter - Planner Making/receiving phone calls and counter contacts regarding the project. 11/21/2007 TUpton 151`.00 0.17 25.17 Do Not Bill 15270 Initial Processing - Clerical 0.17 25.17 Input, initial clerical processing of application. 12/5/2007 TUpton 151.00 1.47 221.84 Do Not Sill 15306 Clerical Activities 1.47 221.84 Clerical application processing - proofing 12/23/2008 SJolliffe 157.40 0.25 39.35 Billable 25392 Meeting - Planner Time spent setting meeting date 12/30/2008 CDurling 157.40 4.63 729.29 Billable 25526 Report Wor Project Analysis Reports and/or project analysis related to the application. 12/31/2008 CDuding 157.40 6.65 1,047.41 Billa)le 25592 Report Wor Project Analysis Reports and/or project analysis related to the application. 12/31/2008 CDuding 157.40 0.51 79.57 Billable 25740 Site Review Field review of project site/vicinity including travel time. 1/12/2009 CDurling 157.40 4.75 748.13 Billable 26655 Report Wor Project Analysis Reports and/or project analysis related to the application. 1/13/2009 CDurling 157.40 6.50 1,023.10 Billable 26711 Report Wor Project Analysis Reports and/or project analysis related to the application. 1/14/2009 CDurling 157.40 2.52 396.12 Billable 26842 Report Wor Project Analysis Reports and/or project analysis related to the application. • 1/21/2009 Butte County Department of Development Services 10:07 AM Pre -Bill Worksheet UP07-0008:JOSE ZIRANDA (continued) Date Employee Rate ID Task Markup % 1/15/2009 CDuding 157.40 26899 Report &/or Project Analysis Reports and/or project analysis related to the application. 1/20/2009 CDurling 157_.40 27186 Report &/or Project Analysis Reports and/or project analysis related to the application. 1/21/2009 CDurling 157.40 27206 Report &/or Project Analysis Reports and/or project analysis related to the application. 1/21/2009 TBonham 157.40 27233 Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. Hours DNB Time Amount DNB Amt 2.75 432.85 1.77 278.07 Page 2 Total Billa:)le Billable 0.93 146.91 Billable 0.34 53.91 Do Not Eill 0.34 53.91 TOTAL Billable Fees 32.01 $5,034.05 Do Not Bill 1.98 $300.92 Date Employee Price Quantity Amount Total ID Expense Markup % 1/21/2009 TBonham 116.25 1.000 116.25 Billabl3 27240 Fish & Game Filing Fee Fish & Game Filing Fee 1/24/2009 PUBLISH 0.00 1.000 0.00 Billable 27242 Publishing Expense Publish in Newspaper - Oro\ille MR 1/24/09 �b Waiting for Inwice TOTAL Billable Costsr {^NQS $116.25. Amount Total Total of Fees (Time Charges) � $5,034.05 Total of Costs (Expense Charges) 9 3 $116.25 Total new charges, $5,150.30 Accounts Receivables DatellD Type Description 11/21/2007 INV Invoice -Flat Fee Project $3,278.00 4638 11/21/2007 INV Inwice-NOD/NOE Recording Fee $50.00 4639 11/21/2007 INV Inwice-F&G Fees $1,800.00 4640 1/21/2009 10:07 AM UP07-0008:JOSE ZIRANDA (continued) Butte County Department of Development Serxices Pre -Bill Worksheet Amount 11/21/2007 PAY Payment -Flat Fee Project- Receipt #P853 ($3,278.00) 4641 11/21/2007 PAY Payment-NOD/NOE Recording Fee- Receipt #P853 ($50.00) 4642 11/21/2007 PAY Payment-F&G Fees- Receipt #P853 ($1,800.00) 4643 11/21/2007 PAY Payment -Publishing Fee (PrePay) TBD- Receipt #P853 ($151.00) 4644 Total Accounts Receivable New Balance Current $5,150.30 Unapplied ($151.00) Total New Balance Page 3 Total ($151.70) $4,999.30 FILE NO.: PROJECT TYPE: APN: APPLICANT: ADDRESS: PHONE: OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: 0 PROJECT SUMMARY SHEET UP07-0008 USE PERMIT 030-196-004 Jose Ziranda 1260 Oro Dam Blvd., Oroville, CA 95965 5308460530 ZIRANDA, JOSE 1240 ORO DAM BLVD., OROVILLE, CA 95965 <undefined value> <undefined value><undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. PROPERTY ZONED: C-2 GENERAL PLAN DESIGNATION: C 1. Application accepted: 11/20/2007 2. Assigned To: Carl Durling 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, City of Oroville, Thermalito Irrigation District 4. Sent to Inter -Departmental Review Committee (IDR): December 5, 2007 5. Status Letter sent to applicant: 6. Date scheduled for IDR: December 19, 2007 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 No. Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other H. Staff Recommends: Approval Denial 12. Date Notices Mailed: Neg Dec. Hearing Number of Notices: 13. Newspaper Publication Date: Neg Dec. Hearing O C P G B 14. Planning Commission Hearing(s): Action taken: 15. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 16. Type ((TYPE IOF — TYPE_OF_ PROJECT» , , Send for signature: 17. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 18. Send letter if approval/denial to applicant/representative: 19. Copies to Environmental Health, Building, Land Development: 20. Assessor's Memo: 21. Copy USE PERMIT to GIS: Butte County Departmen of Development Services �vT rF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 0 7 County Center Drive o 0 Oroville, CA 95965�(f j'�` 0 0 (530) 538-7601 Telephone 1�'Y a - , C- (530) 538-7785 Facsimile c y NOy ::: . z PROJECT INFORMATION FIs. Project # �►� _Dp APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Bose oared a '93 O - I ®o ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: 1200 QfQ DO-M 8LVp OrOV Ile Ca `359(05 (530) 053D E-MAIL: FAX: OWNER'S NAME: TELEPHONE: boa Z\ro-n(� a D ADDRESS: STREET, CITY, STATE, & ZIP CODE: \2(oO (fro ID0- dLV D 0611 Ca G5G1o5 PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) � DSe 2 I,rck-y\ da (Q` 2- 3 LOCATION OF PROJECT (major cro streets and address, if any) �LC9li�r )Z 0106/- `L� ZONE GENERAL PLAN EXISTING LAN? US lore PROPOSED AND USE � l� ih, '.3r 6�,e EXISTING ST CTURES (square feet) PROPOS TRU- TURES (/square feet) UNDER WILLIAMSON A T ONT T It ❑.Yes No Z -, re 5 e°i2Ce a ►' (1 (Check One) (Check One) 4ROPERTY IS OR PROPOSED TO BE SEWERED � PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER -PROPERTY IS OR PROPOSED TO BE ON SEPTIC go PROPERTY IS OR PROPOSED TO BE ON WELL WATER - APPLICATION TYPE ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP OUSE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PRO OSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number qnd size of parcels.)`. C' ' $ �' - r OWNER CERTIFICATION - I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) i DATE: IV-0-0-7 SIGNATURE: OSE ZI'rc ,CL 'CZ - PJ •-�o Signature:—Tose Iranaa Date: App licant/R presentative Signature: / Date: Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\UsePemiit_MinorUP.doc Revised 07/26/06 ' Receipt Number: P853 *JTTE COUNTY RECEI* Printed: 11/21/2007 7 County Center Drive 8:51 am Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Permit Number: UP07-0008 Job Address: 1240 ORO DAM BLVD Applicant: Jose Ziranda Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,E00.00 ✓ DPCR Record Fee Notice of Dtrm 0010-470001-4612319-1010 $50.00 DP Publishing Fee Chico ER 0010-440001-4210900-1010 $151.0kyl- DPAG Use Permit 0010-460001-4612200-1010 $32.50 DPEHLUP Use Permit 0021-540013-4614901-1010 $437.00 DPFPP Use Permit 0100-450001-4617240-1010 $375.30 DPLDRF Use Permit 0010-440004-4611700-1010 $132.00 DP Use Permit 0010-440001-4210900-1010. $3,278.00 ✓ Total Fees Paid: $69305.80 Date Paid: 11/21/2007 Paid By: Jose Ziranda Pay Method: Check 1108 Received By: PAS *JTTE COUNTY RECEI0 Printed: 11/20/2007 7 County Center Drive 2:49 pm Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Receipt Number: P851 Permit Number: UP07-0008 Job Address: 1240 ORO DAM BLVD Applicant: Jose Ziranda Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,f 00.00 DPCR Record Fee Notice of Dtrm 0010-470001-4612319-1010 $50.00 DP Publishing Fee Chico ER 0010-440001-4210900-1010 $ L51.00 DPAG Use Permit 0010-460001-4612200-1010 532.50 DPEHLUP Use Permit 0021-540013-4614901-1010 $437.00 DPFPP Use Permit 0100-450001-4617240-1010 $375.30 DPLDRF Use Permit 0010-440004-4611700-1010 $132.00 DP Use Permit 0010-440001-4210900-1010 $3,278.00 v n Total Fees Paid: Q ,= $69305.80 Date Paid: 11/20/2007 y j� Paid By: Jose Ziranda and Arturo Zirand Pay Method: Check 1108 T �� Received By: CPT �' a Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR BUTTE 7 County Center Drive COUNTY Oroville, CA 95965 NOV 3 0`.•2007 (530) 538-7601 Telephone (530) 538-7785 Facsimile DEVELOpbIENT APPLICATION PACKET FOR USE PERMIT OR MINOR USrPERMIT ApplicantName: Zirarcla. ProjectNumber: Check One USE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ 'Complete aPre-Application Review with the EnvironmentaHeHealth-D.ivision�'and provide evidence of meeting their requirements for sewage disposal and water supply in one of the v �' lI ��✓ v G following ways: _ T ❑ A pre -application completion letter from Environmental Health l �� ❑ A Willing and Able to Serve Letter from the appropriate utility district A completed cooperative agreement for annexation into a utility district 2. ❑ Q A completed, signed Project Information Form. 3. ❑ ❑ A complete Project Setting Description (instructions attached). 4. ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ JO A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIC". Applicant 6. .O • Planner Payment of the currently required Application Fees and/or Deposits. Make checks payable �b to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at. �`0- http://www.buttecouniy.net/dds/Plannin?/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. S Z `r Applicant's Initial:. A creation document for the project parcel and evidence of current property ownership. 8. ❑ ., SITE PLAN: Thirtfft,Cpies of a site map drawn to standard engineering scale (e.g., 1" = 20'). A daftivnlal copies of the map shall be made available to county n request. All maps shall be drawn on uniform size sheets no less dencopyof th 1d no greater than 24" X 36", folded to 8 ''/z" x 11". In addition, a digita the map and aerial photographs are encouraged. The detailed map must include: a. ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. ❑ �' Proposed use and/or uses of the property. d. ❑ ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ AD- Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting. g. ❑ ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. El Q_ Distances between 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, and their relationship to the property lines. i- ❑ ❑ Location, height, and materials of walls and fences (sections may be required). ❑ ❑ Internal circulation pattern, if applicable. k ❑ ❑ Existing and nearest fire hydrants. 1. ❑ ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent properties. m• ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ ❑ Any existing faults or fractures and geologic hazards. P. ❑ ❑ Elevation contours, at an appropriate vertical scale. q• ❑ ❑ Indicate at least one route from the property to a publicly -maintained road. r• ❑ Off-street parking pursuant to county code. S. Indicate scale and include a north arrow oriented to the top of the sheet. t• ❑ ❑ All maps must be clear and legible. Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping i. f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittF-1 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 Fin Department, or Agriculture Commissioner. Additional fees may be collected for the California Department cf Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. V 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 February 26, 2009 Jose Ziranda 1260 Oro Dam Blvd. Oroville, CA95965 ' Re: USE PERMIT: UP07-0008 APN: 030-196-004 Dear Jose Ziranda: -,+ r At the regular meeting of the Butte County Planning Commission held February 26, 2009, your request for a Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito, was approved. The Use Permit 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., Friday, March 7, 2009, 10 days from meeting date 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 yourproject or proof of waiver of fees. 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 BUTTE COUNTY APR 2 4 2009 DEVELOPMENT SERVICES 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. The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Carl Durling at 530-538-7150 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP07-0008 PERMIT NO. 030-196-004 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Jose Ziranda is hereby granted a Use Permit for 1 new dwelling (conversion of existing garage) for a total of 3 dwellings, consistent with the Development Plan dated February 26, 2009. 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. 1 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: No Conditions Public Works 1. Prior to establishing use, 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 establishing use, deed to Butte County in fee simple 50 feet of right-of-way from the centerline of Oro Dam Blvd. West along the entire property frontage. The right-of- way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on Rosekrans Drive and submit an approved Caltrans encroachment permit for construction of street frontage improvements on Oroville Dam Boulevard. Improve parcel frontage on Rosekrans Drive to a '/z+ 12' street section to RS -2C county improvement standard including, but not limited to curb, gutter and sidewalk. Improve parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Construct or provide a performance bond and labor and material bond for the. construction of the required improvements prior to establishing use. 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of parcel. 5. Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building 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. K 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Thermalito Water and Sewer District (TWSD) 6. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. Butte County Fire/California Department of Forestry (No conditions) County Counsel 7. 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. II. NOTATION A. 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. 3 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:A d s e a G� App ican't Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Chair Marin Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP07-0008 PERMIT NO. 030-196-004 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions. set forth below: Jose Ziranda is hereby granted a Use Permit for 1 new dwelling (conversion of existing garage) for a total of 3 dwellings, consistent with the Development Plan dated February 26, 2009. 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. 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: No Conditions Public Works 1. Prior to establishing use, 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 establishing use, deed to Butte County in fee simple 50 feet of right-of-way from the. centerline of Oro Dam Blvd. West along the entire property frontage. The right-of- way shall be sufficient for the installation of county improvement standard, S-5 at all street intersections. 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on Rosekrans Drive and submit an approved Caltrans encroachment permit for construction of street frontage improvements on Oroville Dam Boulevard. Improve parcel frontage on Rosekrans Drive to a ''/z+ 12' street section to RS -2C county improvement standard including, but not limited to curb, gutter and sidewalk. Improve parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Oroville Dam'Boulevard frontage of parcel. 5. Mitigation Measure # 1: As a. condition of the Use Permit, prior to approval of a Building 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. OA 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Thermalito Water and Sewer District (TWSD) 6. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. Butte County Fire/California Department of Forestry (No conditions) County Counsel 7. 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. II. NOTATION A. 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. 3 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: �\n 9A1 --2. l 2, OSS S -,cc, n �cA Applicant Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. r Chair Marin Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte. County Fire Department/CDF Butte County Assessor's Office r 4 rof P L of ''• � STATE OF CALIFORNIA STATE OF CALIFORNIA �S � GOVERNOR'S OFFICE of PLANNING AND RESEARCH �'`� Po' �IgOF CALL' STATE CLEARINGHOUSE AND PLANNING UNIT " BUTTE ARNOLD SCHWARZENEGGER COTJNTYCYn'MABFYANT GOVERNOR MAR AD 0 3 2augg DIRECrOR February 24, 2009 DEVELOPMENT SERVICES Carl Durling Butte County 7'County Center Drive Oroville, CA 95965 Subject: Use Permit UP07-0008 Ziranda SCH#: 2009012062 Dear Carl Durling: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on February 23, 2009, 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. . Sincerely, Terry Roberts Director, State Clearinghouse F ou-C:, tej. �:u > f., .�T'ijC :.j[i� LG ;ji•i".7i'.�• _ .. - .. .. -.ice --. - ,•-.".1'_a~�.:•. - a' .�.:'. �rT: . �.YI �... ..... _.,..`J._�.^L AO• 'J..V u v.i Slatf� \i%..Ills '.. I -T^ I� -ry� - 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov 1... Document Details Report State Clearinghouse Data Base SCH# 2009012062 Project Title Use Permit. U P07-0008 Ziranda Lead Agency Butte County Type MND Mitigated Negative Declaration Description Add an additional single Tamil home for a total of 3 homes on a 0/23 acre parcel in the C-2 General Commercial zone. Lead Agency Contact Name Carl Durling Agency Butte County Phone (530) 538-7150 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 ' Project -Location`- County Butte City Oroville Region Lat / Long 39° 29'53" N / 121' 35'34" W Cross Streets North side of Oro Dam Blvd. W between 12th and 14th streets Parcel No. 030-196-004 Township Range Section Base Proximity to: Highways 162 Airports * Oroville Railways No Waterways Feather River Schools Sierra Ave. grade Sch Land Use PLU: Single Family homes Z: C-2 GP: C commercial Project Issues Water Quality Reviewing Resources Agency; Department of Fish and Game, Region 2; Department of Parks and Recreation; Agencies Department of Water Resources; Caltrans, District 3; Integrated Waste Management Board; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage Commission; Public Utilities Commission Date Received 01/23/2009 Startof Review 01/23/2009 End of Review 02/23/2009 Note: Blanks in data fields result from insufficient information provided by lead agency. 't S ?- COUNTY OF BUTTE 0 OROVILLE, CALIFORNIA U P Chico Enterprise Record P PO Box 9 L Chico, CA 95927 I 016410 FIELD PURCHASE ORDER Issued By Department NUMBER F 09-166 DEVELOPMENT SERVICES PLANNING DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. # 1/21/09 NOTICE TO THE PUBLIC 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DMSION ATTENTION - Tina Bonham 7 COUNTY CENTER DRIVE AND OROVILLE, CA 95965 Ul To be published in the Oroville MR 1/24/09 UP07-0008 Ziranda TOTAL 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 and that there is a Budget Appropriation for the same. Dated: V0636 SUPPLIER N0. Department Head or Authorized Deputy F 09-166 DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 41 i i BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP07-0008 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 project UP07-0008 (Ziranda) at a public hearing before the Butte County Planning Commission to be held on February 26, 2009, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Jose Ziranda Project Name: UP07-0008 Planner: Carl Durling APN: 030-196-004 Zoning: C-2 Location: On the north side of Oro Dam Blvd, West, extending north through to Rosekrans Dr., and situated 300 feet west of 12th Street in Thermalito. Project Description: This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will represent the third dwelling on the property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting January 24, 2009 through February 23, 2009, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on, the County website at www.buttecouniy.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Carl Durling, (530) 538-7150 or cdurlingbuttecounty,net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES 0 0 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 December 5, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Jose Ziranda, UP07-0008 Planner: Carl Durling APN: 030-196-004 Location: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. 30 -Day Complete 12/20/2007 Date of IDR 12/19/2007 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, LAFCo, Agricultural Commission, Public Works, Assessor, City of Oroville, Thermalito Irrigation District 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 1'12/19/2007 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: cdurling@buttecounty.net Signature: Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 • 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 December 5, 2007 Jose Ziranda 1260 Oro Dam Blvd. Oroville, CA 95965 Dear Mr. Ziranda: It has been determined that it will not be necessary for you to have a project review done by The Northeast Information Center (NEIC), so we are returning your check, #1107 in the amount of $75.00 to you. Sincerely, Tiffa pton Office Specialist Sr. Department of Development Services 1107. JOSE CARLOS ZIRANDA 90-7168=11 ARTURO ZIRANDA ORNELAS 1240 ORO DAM BLVD PH. 530-533-5380 \` 26- cc) OROVILLE, CA 95965 Date DAY TO TH� p ORD OF N� -� G Dollars v V . nm Dr '57000 12 27 3 9 13211?L689.7�- 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 Develcpment 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 5urther 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 R:gister 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 ma_-iaging 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 (SHR0. The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 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 su-vey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeo_ogical 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. Develcpment Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of 'urther archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, acc)rding 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 DURM THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for 6ZLade payable to the Northeast Inforiprojec Center �iono C o perform the Records Search. Faiure of payment to NEIC for this ords Search would result in the planninapp ice 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.: ,:�'osc -Ztr. c�.r.Vclo_ Applicant Signature Date Applicant PRINTED Name J Check Number Planner, File Number Revised 07/11/06 K:\Planning\FORMS\Applications\ProjectInfoForm—Agent_NEIC.doc BUTTE COUNTY 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Jose Ziranda DATE: 11/20/2007 AGENT: <undefined value> APN: 030-196-004 FILE #: UP07-0008 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain an encroachment permit and improve all new ane existing driveway approaches to publicly maintained roads as specified in the County Improvemeni 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 shale 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 ❑ I. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be: submitted to and approved by the Department of Public Works. The drainage plans shall 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 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 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. i 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Jose Ziranda DATE: 11/20/2007 AGENT: <undefined value> APN: 030-196-004 FILE #: UP07-0008 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. ir_. Thermalito. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: SEWAGE DISPOSAL AREAS 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 disposal 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). 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. PUBLIC WATER SUPPLY Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. EXISTING COMMUNITY SEWER 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. • BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Jose Ziranda DATE: 11/20/2007 AGENT: <undefined value> APN: 030-196-004 FILE #: UP07-0008 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. ir. Thermalito. 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 - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be'demolished. BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Jose Ziranda DATE: 11/20/2007 AGENT: <undefined value> APN: 030-196-004 FILE #: UP07-0008 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. 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 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 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 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 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. E 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.buttec6untv.net/dds ADMINISTRATION " BUILDING " PLANNING December 5, 2007 TO: FILE COPY FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Jose Ziranda, UP07-0008 APN: 030-196-004 DATE OF Inter -Departmental Review: 12/19/2007 IDR RESPONSE REGARDING 12/17/2007 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT 1/3/2008 CONDITIONS/MITIGATION MEASURES DUE BY: 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 12/19/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single- family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: C-2 (General Commercial), GENERAL PLAN: C If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at 538-7150 or send him an email at cdurling@buttecoun .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. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTSUrakit Merge Documents\REQUEST FOR COMMENTS.doc c�ommr NOV 30;21107 "DRAFT" LEAD IN SHEET 0,3,19 ��C - � PROJECT NUMBER AP#(s): 6k c� G APPLICANT: OWNER(S): REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) LOCATION: (by counter planner) FINAL LOCATI9N: (by project planner) T* no EXISTING ZONING: - GENERAL PLAN DESIGNATION: C SIZE: D� O� SUPERVISORIAL DISTRICT #: 7` DATE RECEIVED: l( COUNTER PLANNER'S INITIALS: sww IDR Date: 2 ' Cl -0 7 30 Da Com Tete: Tentative Hearin Date: COMMENT DISTRIBUTION LIST Project Number: County Offices and Cities: Division �X —Assessor s Off ce �Mappu:g� _ _Planning X Env�ronmenta H h . — City of Biggs _ Building Manager Ci of Chico — City City of Gridley iX_ ^LAFCo — City of Orovill eJ C XX AgriculturaCCommissio –` X._Public Works/La`nd'Dev'� — Town of Paradise County Counsel Fire Protection: covm NOV 3 0.2007 DEVELOPMENT SERVICES _ BCAG _ ALUC _ APCD _ Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer r 'California Department of Forestry' — El Medio Fire Protection District Domestic Water: Butte Water District _ Del Oro Water Co. _ S.F.W & P. Agency (OWID) -Other California Water Service Co.—Thermalito,Imgation District _ Utilities: _ PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water Richvale Irrigation Dist- Sewer: istSewer: Pacific Bell _ Chambers Cable TV Viacom Cable TV _ Durham Irrigation Dist. _ Paradise Irrigation Dist. Table Mountain irrigation Dist. — L.O.A.P.U.D. Sterling City Sewer Main — Skansen Subdivision (CSA 21) Drainage Districts: Reclamation District No. 833 _ Sacramento & San Joaquin Drainage Dist. — Reclamation District No. 2054 _ Drainage District 200 — Reclamation District No. 2056 — State Agencies: CalTrans — Dept. of Water Resources — Dept. of Fish and Game Federal Agencies: U.S. Forest Service — Other Districts, Agencies, Committees, etc.: . U.S. Bureau of Land Management 71 Recording Requested By North American Title Company Order No. 412319 Escrow No. 54801-00232434-KLK AND WHEN RECORDED MAIL TO: Name Mr. Jose Ziranda Street 1240 & 1260 Oro Dam Blvd Address City & Oroville, CA 95965 State *2006-0026014 �� 0026014 Recorded I REC FEE 13.08 OfficiaalltyRe ords i TAX 331.09 of Butte I on= L ffim I County Clerk-Recorderl I 090.88M 2Z -May -,m I page 1 of 3 IUi III III I IIII I III III III I ILII II II SPACE ABOVE THIS UNE FOR RECORDER'S USE INDIVIDUAL GRANT DEED A.P.N. The undersigned grantor (s) declare (s): Documentary transfer tax is S'33 1. 06 City transfer tax is S NONE ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( X) Unincorporated area: ( ) City of, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Amador Leal and Brianna Leal, husband and wife as Joint Tenants hereby GRANT(s) to Jose Ziranda, a married man, sole and separate , the following described real property in the Unincorporated Area, County of Butte, State of California: f, F LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT " A" AND MADE A PART HEREOF Dated May 3.2006 STATE OF CALIF NIA AS. A COUNTY OF `� Amador Leal On / ,Z�& 0//, before me, 1%efilet. ix / _ Pcrsone1lYnpp� Breanna Leal rson.";'kneum In ffieor roved to m on the basis of satisfww ev. idcnc to be the perso s osc nam useri e o c within instrument ow1odged to me at executed junldof ahotized capaci and that by , MARIA VIL1.E(3AS signanrref�n the instnunent the or the entity VM• 1826238 which the person�cted, execu the instrument. 2 s WITNESS my hand and gfiiftaj // ODAIAI. El NS NOV. 29, 20ag (This area for official notarial seal) MAIL TAX SAME AS ABOVE STATEMENTS TO: NAME ADDRESS CITY, STATE, ZIP r•w STATE OF CALIFORNIA COUNTY OF " On / /�y� p1.t�� f n . before me c _ personally appeared;dMA Ae n A to me on the V IIRICOMM011625 38S 3 • tj0jWpLq".CWpDW t3UnER COUNTY 0 OWL t7Q+M NOV. 29.2111)9 i (This area for official notarial sal) me t be the persot0 whose namoo instrumentpnd a ledged to to same in b[sflSbr uthorized capacity ep anTlatb qi jijW, fi iy�signaturo%km the instrument the person or the entity upon behalf of which the persondDWcd, executod the instrument. WITNESS my hand and official sal. DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT (OPTIONAL) STATE OF CALIFORNIA COUNTY OF On . before me, personally appeared ( )personally ltnown to me — OR — ( )proved tome on the basis of satisfactory evidence to be the person(s) whose nan*s) Is/arc subscribed to the within instrument and acknowledged to me that helshehhey executed the same in his/her/their authorized capacity(ies), and that by his/herhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (This area for official notarial seal) WITNESS my hand and official seal. DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT (OPTIONAL) Title No. 06 -412319 -A -CH Locate No. CAFNT0958-0958-0051-0000412319 LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA, COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A portion of Lot 5, Block 101 of Thermalito, according'to the Official Map thereof, filed In the Office of the Recorder of the County of Butte, State of California, June 8, 1887 and more particularly described as follows: Beginning at a point common to the Westerly line of Twelfth Street and the Southerly line of Rosekrans Street,. also know as a Street, as shown on said Map; thence Westerly along the Southerly line of Rosekrans Street to. the intersection of the Southerly extension of the East line of Lot 8 of the Rosekrans Tract according to a Map thereof filed in the Office of the Recorder of the County of Butte, State of California, November 12, 1907, in Map Book 6; at Page 91, said point of intersection being the true point *of beginning of the Parcel being described; thence Easterly along the Southerly line of Rosekrans Strom, North 890 57 East a distance of 110.00 feet to a point; thence Southerly along the Westerly line of that land described in Deed executed by John M. Harryman and Helma J. Harryman to Phillip S. Corbett, et ux as recorded March 13, 1959, In Book 987, Page 563, Official Records of Butte County, California, South 00 03' East, a distance of 88.90 feet to a point; thence Westerly along the Northerly line of Merced Avenue to the intersection of the said Easterly line of Lot 6 of the Rosekrans Tract, South 890 57 West, a distance of 110.00 feet; thence Northerly along said Lot line to the point of beginning, North 00 03' West, a distance of 88.90 feet. APN: 030=196-004 �r 2 RTA man Report Form (11117104) Recording Requested By North American Title Company Order No. 412319 Escrow No. 54801-00232434-KLK AND WHEN RECORDED MAIL TO: Name Mr. Jose Ziranda Street 1240 & 1260 Oro Dam Blvd Address City & Oroville, CA 95965 State 006-0026015 Recorded I REE FEE 13.1 Official Records I Count Butte", i mom J. 611089 1 Comity Clerk-Recorderl I I MI 99 -flip 22-Ilay-M I page 1 of 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE INTERSPOUSAL TRANSFER GRANT DEED A.P.N. 030-196-004 (tixcluded trom reappraisal under L:alitorma t:onsntution Article ISA seCDon 1 et seq.) This is an Interspousal Transfer and not a change in ownership under Section 63 of the Revenue and Taxation Code and Grantor(s) has(have) checked the applicable exclusion from reappraisal: ( ) A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor; ( ) A transfer to a former spouse, in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; ( X ) A creation, transfer, or termination, solely between spouses, of any co -owner's interest; or ( ) The distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation. ( X ) Check when creating separate property interest in grantee spouse: It Is the express Intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, In and to the herein described property to the grantee as his/her sole and separate property. "• .F • o •f FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sandra P. Ziranda, wife of grantee hereby GRANT(s) to Jose Zirands a married man as his sole and separate property the following described real property in the Unincorporated Area, County of Butte, State of California: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT " A" AND MADE A PART HEREOF Dated May 3. 2006 STATE OF CALIFORNIA, OF petore me, appeared personally known to me (orZproged o me on the basis of satisfactory evidence) to be the personsnames) islarc subscribed to the within instrument and acknoo me that he/shc/they executed the in his/her/their au capwity(ies), and that by his/her/their signatures) on the ' t the person(s), or the entity upon behalf of whicb the mrson(s) . executed the instrument WITNESS mvAW and MAIL TAX SAME AS ABOVE STATEMENTS TO: eMARIA VILLEGAS ; COMM. 91825238 SMER Country 0 wll01t.l7PIRE8IVW 28.2009 � (This area for official notarial seal) STATE OF On before M1111111111 D personally appeared �=Se2 (onally kmevm to Me QR — v the basis of satisfactory evr en be the powwhose name subsea o c wtt in instrurmnt an aclmowicdged me that executed the same in 6E4e Lift authorized ' capacity and that by Q(sQVdWsignawtn on the instrument the person, or the entity upon behalf of which the person(kacted, executed the instrument. WIMI;R11 VIU E'4GAg WITNESS my hand and official seal. 0162& �eBUTTM cout�m►EB NOV. 28, (Phis area for official notarial seal) DESCRIPTION OF A7.ACHED DOCUMENT OF DOCUMENT (OPTIONAL) 4 i STATE OF CALIFORNIA COUNTY OF On before me, personalty appeared { )personally known to me — OR — ( )proved tome on the basis of satisfactory evidence to be the person(s) whose names) is/we subscribed to the within instrument and acknowledged to me that he/shdthcy executed the same in his/lterhheir authorized capacity(ies), and that by hislaAheir signatures) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) DESCRIPTION OF ATTACHED DOCUMENT DESCRIPTION OF DOCUMENT (OPTIONAL) Title No. 06-412319-A{H Locate No. CAFNT09584F)%0051-0000412319 LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN. REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA, COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A portion of Lot 5, Block 101 of Thermalito, according to the Official Map thereof, filed in the Office of the Recorder of the County of Butte, State of California, June 8, 1887 and more particularly described as follows: Beginning at a point common to the Westerly line of Twelfth Street and the Southerly line of Rasekrans Street, also know as a Street;, as shown on said Map; thence Westerly along the Southerly line of Rosekrans Street to the intersection of the Southerly extension of the East line of Lot 8 of the Rosekrans Tract according to a Map I thereof filed in the Office of the Recorder of the County of Butte, State of California, November 12, 1907, in Map Book 6; at Page 91, said point of intersection being the true point of beginning of the Parcel being described; thence Easterly along the Southerly line of Rosekrans Street, North 890 57 East a distance of 110.00 feet to a point; thence Southerly along the Westerly line of that land described in Deed executed by John M. Harryman and Helma J. Harryman to Phillip S. Corbett, et ux as recorded March 13, 1959, in Book 987, Page 563, Official Records of Butte County, California, South 00 03' East, a dunce of 88.90 feet to a point; thence Westerly along the Northerly line of Merced Avenue to the intersection of the said Easterly ane of Lot 8 of the Rosekrans Tract, South 890 57' West, a distance of 110.00 feet; thence Northerly along said Lot k� line to the point of beginning, North 00 03' West, a distance of 88.90 feet:. I APN:030-196.004 .. j r • _ .. S 2 QTA p,lfh&mv 0epM Form (11/17/04) r �'- 4T(V V 15302.Weplacement or Reconstruction. 15304.. ft j Class 2 consists of replacement or reconstruction of existing structures and Class 4 con: facilities where the new structure will be located on the same site as the structure water, and/o 4 . replaced and will have substantially the same purpose and capacity as the structure trees except t a'? i replaced, including but not limited to: limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide (a) Grading earthquake resistant structures which do not increase capacity more than 50 not be e ' •_ r- ; percent; federal, �� (b) Replacement of a commercial structure with a new structure of substantially areas of Zone n,or the same size, purpose, and capacity. ��• .r; . (c) Replacement or reconstruction of existing utility systems and/or facilities Geologigi; ,.r L involving negligible or no expansion of capacity. ;b) New g' (d) Conversion of overhead electric utility distribution system facilities to conventi underground including connection to existing overhead electric dtility .,c) Filling o the natur distribution lines where the surface is restored to the condition existing prior to the under -rounding. d) Minor E - designad 15303. New Construction or Conversion of Small Structures. result in Class 3 consists of construction and location of limited numbers of new, small productic ' facilities or structures; installation of small new equipment and facilities in small (e) Minor to structures; and the conversion of existing small structures from one use to another environn <. where only minor modifications are made in the exterior of the structure. The ' (fl Minor tri numbers 'of structures described in this section are the maximum allowable on any legal parcel Examples of this exemption include but are not limited to: (g) Maintent ' (a) One single-family residence, or a second dwelling unit in a residential zone. In by all app ~" urbanized areas, up to three single-family residences may be constructed or (h) The creat u under this exemption. (i) Fuel mar gonverted duplex or similar multi -family residential structure totaling no more than of flamn four dwelling units. In urbanized areas, this exemption applies to apartments, taking of duplexes, and similar structures designed for not more than six dwelling units. erosion z l (c) A store, motel, office, restaurant or similar structure not involving the use of fuel man having fi significant amounts of hazardous substances,. and not exceeding 2500 square of fuel cl s feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on 153C5. Mini sites zoned for such use, if not involving the use of significant amounts of Class 5 cons hazardous substances where all necessary public services and facilities are average slope available and the surrounding area is not environmentally sensitive. &nsity, inclu, ' (d) Water main, sewage, electrical, gas, and other utility extensions, including (a) Minor lo' street improvements, of reasonable length to serve such construction. the creati (e) Accessory (appurtenant) structures including garages, carports, patios, (b) Issuance swimming pools, and fences. (c) Reversioi (f) An accessory steam sterilization unit for the treatment of medical waste ata facility occupied by a medical waste generator, provided that the unit is 1535. Info installed and operated in accordance with the Medical Waste Management Act (]ass 6 const: (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite ' resource evali waste. tc an enviror. 224 MISCELLANEUU5 bUIL-UIM7 r r-t.'V &J PARCEI 03V --1Z46A'1�-` ATO SHEET SHEET OF SHEETS ,&RES S 12 Ll 0. 090 D&M DESCR/PYION OF BUILDINGS Roof Floor D Inferior Detail Second Story Year Es1.To1. ldg. Structure Size (Found. tR/a/I Exterior Type Cover or Loft Built Life Yrs Vo. _ _27 PEX-71-2 D ., 7D L/_ N LdNI �! '��• I ��%da r'',��.-�; .- �� /l �o `�:✓,�`y__ _—.—,.—:I v:e �_.. __— Yui . i 1 +lit I i 1 I 1: COMPUTATION 4 raiser -Date PP Bldg. Area ML lg -..y �. R.C.N.' Coit Cost Good N. �$ 9-�ao �0 Unit ®/, R.C.N Cost Cost .Good:' L. N.D. ooc�. - 5`d Unit Cost �.9,3Si17 - !t-o2'n`I Cos/ '/� Good R•C•N. L.N.D / 3 d00 R. C. N. Unit Cosf Cost Good L. N. D. I; P3,33 5 6; �� i 6 7 2-, t i 1 Total Appraiser- Dote ldg, Areo �No- SA -i,6 P ULD cA-1 L)n 1 _ i. c, 19 o LTn l nst Cost r/a d As of 9-22-04 aoD ' 19 Un�f Cost '/o R. C. N. sP A -S of s -az -06 5 6 19 Unit Cost % R.C. N. G an 19 Univ Cosf oo . C. N. 'T„fin r--- ---- AI{ 531-H 9-•46 ---- -- -- - - - BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — February, 26, 2009 Applicant: Jose Ziranda Location: On the north side of Oro Owner: Jose Ziranda Dam Blvd., West, extending north through to Rosekrans Dr.; and . situated 300 feet west of 12`" Street in Thermalito. . File #: UP07-0008 Parcel Size: 0.23 acres Request: 1. This is an application for Supervisor 4 a Use Permit to convert an District: existing garage into a third dwelling in the C-2 zone. Planner: Carl Durling, Associate 2. Request for an exception Planner to Public Works requirement for dedication of R/W and Attachments construction of improvements A: Resolution with Conditions along the 110 foot frontage on Oro Dam Blvd West, and F improvements on Rosekrans B: General Plan/Zoning Map Drive. C: Initial Study G.P.: Commercial D: 'Exception request letter E.: Site Plan' Zoning: C-2 (General Commercial) Zone Date: September. 17, 1968 APN: 030-196-004 EXECUTIVE SUMMARY: This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will result in a third- dwelling on the property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services would be provided by the Thermalito Water and Sewer District (TWSD). The application includes a ■ Butte County Department of Development Services ■` ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page Iof16■ c�®7 ra request for exception to the Public Works conditions requiring dedication of right-of-way on Oro Dam Blvd. West, along with full improvements of curb, gutter and sidewalks on Oro Dam Blvd. West and Rosekrans Drive. Staff recommends adoption of the attached resolution, adopting a mitigated negative declaration and approving Use Permit UP07-0008 with findings and conditions. Staff recommends denial of the exception requests. PROJECT DESCRIPTION: • This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will result in the third dwelling on the property. All improvements will be within the interior of the garage. • The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. • The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services will be provided by the Thermalito Water and Sewer District (TWSD). • Access and parking for the two existing dwellings are currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will provide two parking spaces off of Oro Dam Blvd. West and four parking off of Rosekrans Drive. SITE CHARACTERISTICS: • The site has approximately 110 feet of frontage on Oro Dam Blvd. West and Rosekrans Drive, and is approximately 88 feet deep. • The site is currently developed with two single-family dwellings with access off of Oro Dam Blvd. West with setbacks of approximately 15 feet. • An existing garage sets between the two dwellings, and is setback from Oro Dam Blvd. West approximately 45 feet, and from Rosekrans Drive approximately 10 feet. • The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 3%. Elevation of the project site is approximately 180 feet above sea level. The project site has three trees, and shrubs along the property lines. • The property is zoned C-2 (General Commercial) and has a General Plan designation of Commercial. The site is located in a primarily urban/suburban residential setting, with nearby parcels ranging in size from 0.11 to 6.3 acres. • Curb, gutter, and sidewalks are not installed along Oro Dam Blvd. West, or on Rosekrans Drive. • There is a used car lot abutting the east side of the property and extending east to 12'h Street. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 2 of 16■ • A fire hydrant is located at the corner of 140' Street and Oro Dam Blvd. West, within 1,000 feet of the project site, and a second one is located on the north side of Oroville Dam Blvd. West within 500 feet. • Currently, the parking area for the two existing dwellings is provided off of Oro Dam Blvd. West. The site development plan will provide four parking spaces off of Rosekrans Drive, and two off of Oro Dam Blvd. West. • The project site is located within Airport Land Use Land Compatibility Zone C (Traffic Pattern). The project was reviewed and found to be consistent by the Airport Land Use Commission staff on January 13, 2009. ANALYSIS: • The property was zoned C-2 on September 17, 1968. The area north across Rosekrans Drive was zoned A -R on February 28, 1984. • The garage was established by Building Permit 735-78B on May 16, ,1978. The dwellings pre- date the garage. Building permits were not required prior to 1962. • The applicants is requesting an exception to the requirements for curb, gutter and sidewalks ,on Oro Dam Blvd. West (see Attachment D). • A half -street section on the frontage of Rosekrans Drive of the project site is required by Public Works to be improved to County Road Standard RS -2C, which requires curb, gutter, and sidewalk. There are no curb, gutter or sidewalk improvements on Rosekrans Drive. • Oro Dam Blvd. West frontage is required to be improved to RS -2A standards which also require curb, gutter and sidewalks. The only frontage improvements on Oro Dam Blvd. West are curb and gutter on the north side of the road beginning about 250 feet west of the property and extending 650 feet to the intersection with 14th Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18th Street a distance of 1.2 miles. • Butte County Code Section 24-4 (Exceptions to design requirements) states: The hearing body in an action relative to a matter before it may authorize exceptions to any of the requirements and regulations relative to the design of a subdivision. Application for any such exception shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property: a. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 3 of 160 - 0 • conditions or development existed at the time the application for the map was determined or deemed to be complete. b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property'in the territory in which the property is situated. The applicant's letter requesting the exceptions is attached as Attachment D. • Butte County Code Section 24-45.10 specifies the criteria for granting a use permit as follows. The planning commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health. and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Evidence offered at the hearing hereunder shall be received, held and disposed of in the manner set forth in section 24-25.25(b) herein. 1. Harmony in scale, bulk, coverage, and density: The addition of I dwelling for a total of 3 dwellings does not significantly change the scale, bulk, coverage or density of the neighborhood. 2. The availability of public facilities, services and utilities No additional public services are needed to -accommodate this project. The project will be served by existing public water and sewer services. 3. The harmful effect, if any, upon desirable neighborhood character: The addition of one dwelling is not a significant change in the residential and commercial character of the neighborhood. The roads in the project area are operating at a Level of Service of A. The increase in vehicle traffic generated by one dwelling would be minor and would not cause significant impacts to vehicle circulation in the area. 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 currently occupied by two dwellings. Required parking will be provided. . The Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigation measures. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit 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. ■ Butte County Department of Development Services ■ ` ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 4 of 160 • There is no California Land Conservation Agreement ("Williamson Act") contract on this property. The property is not bounded by either GOL (Grazing and Open Lands) or OFC (Orchard and Field Crops) designated lands, therefore a 300' agricultural setback is not required. • The unincorporated community of Thermalito is situated within the Oroville Urban Area. Public sewer and water will be provided. The City of Oroville reviewed the project and had no comment. • While the project would not introduce new impervious surfaces, which have the potential to alter recharge patterns, it is noted that the property has never been evaluated regarding drainage impacts. As a condition of the Use Permit, prior to approval of improvement plans, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there could be environmental impacts to the following areas: • Hydrology/Water Quality (Drainage issues) • Utilities/Service Systems (Treatment Plant capacity) Hydrology and Water Quality (Section 4.8) The project's contribution to significant cumulative impact to Ruddy Creek will be rendered less than significant by mitigation applied to the project in section 4.8. to reduce peak flows to pre -construction levels. No cumulative drainage issues above and beyond those evaluated in the hydrology and Water Quality Section are anticipated. Utilities/Service Systems (Section 4.16) Sewage disposal for the future dwellings on the site would be handled by a public sanitary sewer system (TWSD) and wastewater treatment facility (SC -OR). TWSD and SC -OR currently question whether they have capacity to handle the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." The Initial Study/Mitigated Negative Declaration prepared for this project addressed potentially cumulative impacts within 2,500 feet of the project site, with particular emphasis on and hydrology, land use, housing and population, public services, and transportation/traffic. An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 5 of 16■ The initial study, which is attached to this agenda report, recommended two mitigation measures to reduce cumulative environmental impacts to a less than significant level. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project,, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research,. State Clearinghouse, for a 30 -day review period (SCH #2008012020). The review period began January 10, 2008 and ended February 10, 2008. Notices regarding the 307 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. GAPROJECTS\UP\ZIRANDA UP07-00080anning Commission\Agenda Report Ziranda UP07-0008 Draft.doe ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 0 E Page 6 of 160 LOCATION MAP North ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 0 Page 7 of 160 Dodfle_4it dl NR MD Hdw i ........ ......._....._..........-.--..-......-................................................................................................................................................ PRr«. Project Locatiork i —CIO aforwak i f i i C-2 5 c i ZONING AND GENERAL PLAN BOUNDARIES AERIAL LOCATION MAP ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 8of16■ -a North ,o S' Ex1s`Ti/V . fZ%S1DF.ticE IG60 . G(2G IDAK w 6 f1sp k bj N 6 �2- yF PRoPOs�p TV19D A1/'C PAR 1p6 Of`C CAM BLVD. • -i:r NORTH PAR ING 3 Ex SG. Rf?SI(Jt�CE 1240 OP -0 OAK 3C.. 1 Pb3~ u8N ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 9of16■ • 0 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP07-0008 WHEREAS, the Planning Commission has considered Use Permit UP07-0008 for Jose Ziranda, in accordance with Chapter 24; Zoning, of the Butte County Code on Assessor's Parcel Numbers 030-196-004; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and 11 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 February 26, 2009, 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. Adopts 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 adopted. B. The Planning Commission has considered the 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 Jose Ziranda, Planning Division File No. UP07-0008 would have a significant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. D. Modifications have been made to this document after circulation to the State Clearinghouse. The modification is a deletion of language in Section 4.7 stating fire hydrants are required when in fact they are not required, and represents equal or better language. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 10 of 160 • n E. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approves Use Permit UP07-0008 for Jose Ziranda 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: 1. The Commercial Section of the Butte County General Plan, Land Use Element, page LUE— 58, lists dwellings as a secondary use. 2. The site is zoned C-2 (General Commercial. Section 24-140(c)(1) of the Butte County Code allows Residential Uses not in conjunction with a permitted use, and Multi -Family uses, with the issuance of a use permit. 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 addition of I additional dwelling does not significantly change the scale, bulk, coverage or density of the park. 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. The project will be served by existing public water and sewer services. 3. The harmful effect, if any, upon desirable neighborhood character: The addition of 1 dwelling is consistent with the residential and commercial character of the neighborhood. The roads in the project area are operating at a Level of Service of A. The increase in vehicle traffic generated by the project would be minor and would not cause significant impacts to vehicle circulation in the area. 4. The suitability of the site for the type and intensity of use or proposed development: ■ Butte County Department of Development Services 0 ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 11 of 160 0 0 The site is suited for the project because the property is currently a residential property with 2 dwellings. The addition of a third dwelling on the 0.23 acre parcel is consistent with residential A -R zone to the north. The property has access to a county -maintained road, and adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigations. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit 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 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. DULY PASSED AND ADOPTED this 26th day of February, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 12 of 160 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP07-0008 PERMIT NO. 030-196-004 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Jose Ziranda is hereby granted a Use Permit for 1 new dwelling (conversion of existing garage) for a total of 3 dwellings, consistent with the Development Plan dated February 26, 2009. 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 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 13 of 160 0 • 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. CONDITIONS OF APPROVAL: Planning Division: No Conditions Pnhlic Wnrlrc 1. Prior to establishing use, 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 establishing use, deed to Butte County in fee simple 45 feet of right-of-way from the centerline of Oro Dam Blvd. West along the entire property frontage. The right-of- way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on Rosekrans Drive and submit an approved Caltrans encroachment permit for construction of street frontage improvements on Oroville Dam Boulevard. Improve parcel frontage on Rosekrans Drive to a '/2+ 12' street section to RS -2C county improvement standard including, but not limited to curb, gutter and sidewalk., Improve parcel frontage on Oroville Dam Boulevard with widening and'a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of parcel. 5. Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building Permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 14 of 16■ 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Thermalito Water and Sewer District (TWSD) 6. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. Butte County Fire/California Department of Forestry (No conditions) County Counsel 6. 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. II. NOTATION A. 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 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 15 of 160 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. 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 Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive- requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Harrel Wilson Butte County Planning Commission Chairman CC: Land Development Division ` Building Division Environmental Health Division Butte. County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report - Ziranda UP07-0008 ■ 0 Page 16 of 160 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — February, 26, 2009 (Revised) Applicant: Jose Ziranda Location: On the north side of Oro Owner: Jose Ziranda Dam Blvd. West, extending north through to Rosekrans Dr., and situated 300 feet west of 1.20' Street in Thermalito. File #: UP07-0008 Parcel Size: 0.23 acres Request: 1. This is an application for Supervisor 4 a Use Permit to convert an District: existing garage into a third dwelling in the C-2 zone. Planner: Carl Durling, Associate 2. Request for an exception Planner to Public Works requirement for dedication of R/W and Attachments construction of improvements along the 110 foot frontage on A: Resolution with Conditions Oro Dam Blvd . West, and improvements on Rosekrans B: General Plan/Zoning Map Drive. C: Initial Study G.P.: Commercial D: Exception request letter E.: Site Plan Zoning: C-2 (General Commercial) Zone Date: September 17, 1968 c� vt 5 6�D C`:7-7 Apr APN: 030-196-004 EXECUTIVE SUMMARY: This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will result in a third dwelling on the . property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services would be provided by the Thermalito Water and Sewer District (TWSD). The application includes a ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ . ■ Page 1 of 160 request for exception to the Public Works conditions requiring dedication of right-of-way on Oro Dam Blvd. West, along with full improvements of curb, gutter and sidewalks on Oro Dam Blvd. West and Rosekrans Drive. Staff recommends adoption of the attached resolution, adopting a mitigated negative declaration and approving Use Permit UP07-0008 with findings and conditions. Staff recommends denial of the exception requests. PROJECT DESCRIPTION: • This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will result in the third dwelling on the property. All improvements will be within the interior of the garage. • The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. • The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services will be provided by the Thermalito Water and Sewer District (TWSD). • Access and parking for the two existing dwellings are currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will provide two parking spaces off of Oro Dam Blvd. West and four parking off of Rosekrans Drive. . SITE CHARACTERISTICS: • The site has approximately 110 feet of frontage on Oro Dam Blvd. West and Rosekrans Drive, and is approximately 88 feet deep. • The site is currently developed with two single-family dwellings with access off of Oro Dam Blvd. West with setbacks of approximately 15 feet. • An existing garage sets between the two dwellings, and is setback from Oro Dam Blvd. West approximately 45 feet, and from Rosekrans Drive approximately 10 feet. • The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 3%. Elevation of the project site is approximately 180 feet above sea level. The project site has three trees, and shrubs along the property lines.. • The property is zoned C-2 (General Commercial) and has a General Plan designation. of Commercial. The site is located in a primarily urban/suburban residential setting, with nearby parcels ranging in size from 0.11 to 6.3 acres. • Curb, gutter, and sidewalks are not installed along Oro Dam Blvd. West, or on Rosekrans Drive. • There is a used car lot abutting the east side of the property and extending east to 12'' Street. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 2 of 160 • • • A fire hydrant is located at the corner of 14d' Street and Oro Dam Blvd. West, within 1,000 feet of the project site, and a second one is located on the north side of Oroville Dam Blvd. West within 500 feet. • Currently, the parking area for the two existing dwellings is provided off of Oro Dam Blvd. West. The site development plan will provide four parking spaces off of Rosekrans Drive, and two off of Oro Dam Blvd. West. • The project site is located within Airport Land Use Land Compatibility Zone C (Traffic Pattern). The project was reviewed and found to be consistent by the Airport Land Use Commission staff on January 13, 2009. ANALYSIS: • The property was zoned C-2 on September 17, 1968. The area north across Rosekrans Drive was zoned A -R on February 28, 1984. • The garage was established by Building Permit 735-78B on May 16, 1978. The dwellings pre- date the garage. Building permits were not required prior to 1962. • The applicants is requesting an exception to the requirements for curb, gutter and sidewalks on Oro Dam Blvd. West (see Attachment D). • A half -street. section on the frontage of Rosekrans Drive of the project site is required by Public Works to be improved to County Road Standard RS -2C, which requires curb, gutter, and sidewalk. There are no curb, gutter or sidewalk improvements on Rosekrans Drive. • Oro Dam Blvd. West frontage is required to be improved to RS -2A standards which also require curb, gutter and sidewalks. The only frontage improvements on Oro Dam Blvd. West are curb and gutter on the north side of the road beginning about 250 feet west of the property and extending 650 feet to the intersection with 14th Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18th Street a distance of 1.2 miles. • Butte County Code Section -24-4 20-4 (Exceptions to design requirements) states: The hearing body in an action relative to a matter before it may authorize exceptions to any of the requirements and regulations relative to the .design of a subdivision. Application for any such exception shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property: a. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 3 of 160 0 b. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The applicant's letter requesting the exceptions is attached as Attachment D. • Butte County Code Section 24-45.10 specifies the criteria for granting a use permit as follows. The planning commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Evidence „f rod at the hearing here,, e.. shall be roe ,oa held and disposed ef in the manner- set feAh in seefien 24 25.25(b) he 1. Harmony in'scale, bulk, coverage, and density: The addition of 1 dwelling for a total of 3 dwellings does not significantly change the scale, bulb coverage or density of the neighborhood. 2. The availability of public facilities, services and utilities .No additional public services are needed to accommodate this project. The project will be served by existing public water and sewer services. 3. The harmful effect, if any, upon desirable neighborhood character: The addition of one dwelling is not a significant change in the residential and commercial character of the neighborhood. The roads in the project area are operating at a Level of Service of A. The increase in vehicle traffic generated by one dwelling would be minor and would not cause significant impacts to vehicle circulation in the area. 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 currently occupied by two dwellings. Required parking will be provided. The Initial Study. and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigation measures. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit 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. • There is no California Land Conservation Agreement ("Williamson Act") contract on this property. The property is not bounded by either GOL (Grazing and Open Lands) or OFC ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 4 of 160 • (Orchard and Field Crops) designated lands, therefore a 300' agricultural setback is not required. • The unincorporated community of Thermalito is situated within the Oroville Urban Area. Public sewer and water will be.provided. The City of Oroville reviewed the project and had no comment. • While the project would not introduce new impervious surfaces, which have the potential to alter recharge patterns, it is noted that the property has never been evaluated regarding drainage impacts. As a condition of the Use Permit, prior to approval of improvement plans, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there could be environmental impacts to the following areas: • Hydrology/Water Quality (Drainage issues) • Utilities/Service Systems (Treatment Plant capacity) Hydrology and Water Quality (Section 4.8) The project's contribution to significant cumulative impact to Ruddy Creek will be rendered less than significant by mitigation applied to the project in section 4.8. to reduce peak flows to pre -construction levels. No cumulative drainage issues above and beyond those evaluated in the hydrology and Water Quality Section are anticipated. Utilities/Service Systems (Section 4.16) Sewage disposal for the future dwellings on the site would be handled by a public sanitary sewer system (TWSD) and wastewater treatment facility (SC -OR): TWSD and SC -OR currently question whether they have capacity to handle the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." The Initial Study/Mitigated Negative Declaration prepared for this project addressed potentially cumulative impacts within 2,500 feet of the project site, with particular emphasis on and hydrology, land use, housing and population, public services, and transportation/traffic. An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further. subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. The initial study, which is attached to this agenda report, recommended two mitigation measures to reduce cumulative environmental impacts to a less than significant level. The collection of fees pursuant to Fish and Game Code Section 711.4 is required; prior to filing a Notice of ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report Ziranda UP07-0008 ■ 0 Page 5 of 160 • Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30 -day review period (SCH #2008012020). The review period began January 10, 2008 and ended February 10, 2008. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. GAPROJECTSWAZIRANDA UP07-00080anning Commission\Agenda Report Ziranda UP07-0008 Draft.doc LOCATION MAP North ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 6of16■ ZONING AND GENERAL FLAN BOUNDARIES AERIAL LOCA'IZON MAP North ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ A€ enda Report — Ziranda UP07-0008 ■ ■ ?age 7 of 160 b- • ,Fx 15 Tiede RF50NCS 260 !;2d DAM. ti b�1Sr' RD56-CAAhS lt0-oa za.6 E v- J K w at W 6L 5F PAOPa5t v TNI/Z0 DLN�GG-iNG i PAA tia� I gra . o ()PC Qkf-. F3c,! 0. • NORTH ■ Butte County Department of Development Services ■ ■February 26, 2009, ■ Agenda Report - Ziranda UP07-0008 ■ ■Page 8of16■ za.6 E v- 0 M. 1 1vow- 8804 1 ■ Butte County Department of Development Services ■ ■February 26, 2009, ■ Agenda Report - Ziranda UP07-0008 ■ ■Page 8of16■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP07-0008 WHEREAS, the Planning Commission has considered Use Permit UP07-0008 for Jose Ziranda, in accordance with Chapter 24; Zoning, of the Butte County Code on Assessor's Parcel Numbers 030-196-004; and WHEREAS, the Planning Commission has considered an Initial Study and 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 February 26, 2009, 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. Adopts 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 adopted. B. The Planning Commission has considered the 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 Jose Ziranda, Planning Division File No. UP07-0008 would have a significant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. D. Modifications have been made to this document after circulation to the State Clearinghouse. The modification is a deletion of language in Section 4.7 stating fire hydrants are required when in fact they are not required, and represents equal. or better language. E. The Mitigated Negative Declaration reflects the independent judgment. and analysis of the County, which is the Lead Agency., ■ Butte County Department of Development Services E ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 9of16■ II. Finds the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approves Use Permit UP07-0008 for Jose Ziranda 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: 1. The Commercial Section of the Butte County General Plan, Land Use Element, page LUE — 58, lists dwellings as a secondary use. 2. The site is zoned C-2 (General Commercial.. Section 24-140(c)(1) of the Butte County Code allows Residential Uses not in conjunction with a permitted use, and Multi -Family uses, with the issuance of a use permit.. 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 addition of I additional dwelling does not significantly change the scale, bulb coverage or density of the park. 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. The project will be served by existing public water and sewer services. 3. The harmful effect, if any, upon desirable neighborhood character: The addition of 1 dwelling is consistent with the residential and commercial character of the neighborhood. The roads in the project area are operating at a Level of Service of A. The increase in vehicle traffic generated by the project would be minor and would not cause .significant impacts to vehicle circulation in the area. 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 currently a residential property with 2 dwellings. The addition of a third dwelling on the 0.23 acre parcel is consistent with residential A -R zone to the. north. The property has access to a county -maintained ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 10 of 160 road, and adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts' by the project will be less than significant with the included mitigations.- 5. itigations:5. Any other relevant impact of the proposed use: The' Planning Division has circulated the proposed use permit 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 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. IV. Denies the exception reauest under Butte Countv Code Section 20-4 for Use Permit UP07-0008 for Jose Ziranda based on the followina findings: A. There are no special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed a the time the application for the map was . determined or deemed to be complete. B. That therig of the exception will be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 11 of 16■ . DULY PASSED AND ADOPTED this 26th day of February, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California. *:4:rr:3VW:I USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP07-0008 PERMIT NO. 030-196-004 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Jose Ziranda is hereby granted a Use Permit for 1 new dwelling (conversion of existing garage) for a total of 3 dwellings, consistent with the Development Plan dated February 26, 2009. 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 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ . . ■ Page 13 of 16■ 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. CONDITIONS OF APPROVAL: Planning Division: No Conditions Public Works 1. Prior to establishing use, 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 establishing use, deed to Butte County in fee simple 45 feet of right-of-way from the centerline of Oro Dam Blvd. West along the entire property frontage. The right-of- way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on Rosekrans Drive and submit an approved Caltrans encroachment permit for construction of street frontage improvements on. Oroville Dam Boulevard. Improve parcel frontage on Rosekrans Drive to a %2+ 12'. street section to RS -2C county improvement standard including, but not limited to curb, gutter and sidewalk. Improve parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of parcel. 5. Mitigation Measure # 1: .As a condition of the Use Permit, prior to approval of a Building 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 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report - Ziranda UP07-0008 ■ 0, Page. 14 of. 16■ 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Thermalito Water and Sewer District (TWSD) 6. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. Butte County Fire/California Department of Forestry (No conditions) County Counsel 6. 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. II. NOTATION A. 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. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008_■_ 0 Page 15 of 16■ Changes deemed to be major or significant in nature shall require a formal application for amendment. 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 Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Harrel Wilson Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ITEM VII B. PLANNING COMMISSION MEETING FEBRUARY 26, 2009 Use Permit UP07-0008 Request for a Use Permit to convert an existing garage into a third dwelling on the property Jose Ziranda 1 AGENDA'REPORT ERRATTA Page 3, Analysis, bullet 3 drop the "s" in the word "applicants" bullet 6 change "Section 24-4" to "Section 20-4" Page 4, Analysis, bullet 7 delete.last sentence of second paragraph beginning with "Evidence offered" Page 11, Resolution Add part IV, action denying request for exception. 9 • SITE DEVELOPMENT PLAN smsrcxaws ORO MM BLVD. • RECOMMENDATIONS I. Adopt a Mitigated Negative Declaration with findings. Il: Find that the collection of fees pursuant to Fish and Game Code Section 711.4 is required. III. Deny the exception request under Butte County Code Section 20-4 for Use Permit UP07-0008 for Jose Ziranda based on findings. IV. Approve Use Permit UP07-0008 for Jose Ziranda subject to findings and conditions. STATE OF CALIFORNIA—BUSINESS, TRANSPORT AND HOUSING AGENCY ARNOLQ SCHWARZENEGGER. Govemor DEPARTMENT OF TRANSPORTATION DISTkic'r'3 703 B STREET P. 0. BOX 911' MARYSVILLE, CA 95901-0911 PHONE (530) 741-4025 FAX (530) 7414825 TTY (53.0)J41-4509 February 23, 20:09 09BUT0002 162/PM 14.96 Ziranda Use Permit_ SCH# 20090:1206.2 Mr. Carl Durling Butte County 7 County Center: Drive Butte, CA 95965 Dear,Mr. Durlirig, Flex. your power!. Be energyefcient! Thank you for the. opportunity to review and comment on the Initial Study (IS) and Proposed'Mitigated. Negative Declaration (MND) for the Ziranda Use Permit application,. UP07-0008 SCH 2009012062. The applicant proposes to add an additional single family home. for a total of three homes on a 0.23 acre parcel. The site is located on the North side of Oro Dam Blvd (SR162) between 12'' and 10 streets. Caltrans has the following comments in regards to this project.. Traffic ;Operations Inorder to be. consistent with other developments in thisarea, a right-of-way dedication to provide a 5.0-$ half width would be required along with installation of curb, gutter and sidewalk across the entire frontage. Wewill be able to provide detailed instructions on this request once our right-of-way department has had an opportunity to. review this IS/MND. Encroachment Permit All work proposed and performed within the State right-of-way must be in accordance with Caltrans' standards and require a Caltrans. Encroachment Permit.prior to commencing construction, surveying or other activities in the right-of-way. For more. information on encroachment permits, the -requirements, and an application form,. please visit our.web page at www.dot.ca.gov/doingb-4siness and click on "Encroachment Permits" or contact. the Caltrans. District 3, Office of Permits at (530) 741-4403. "Caltrans improves mobility across California" 9 0 Mr. t. arl burling, February. D; 2009 'Page 21 of 2' If;you have duegtions.ornee'd additdnal inf6rma ion, please contact Sarah"(Sadie) Snith, Butte.C.ouhty. IGRI C6ordinatbr,,;at (5 30) 74:1=4004 br, iL--inailat sarali 's i- ith@46t.-da.,j4bV..- Sincerdyi '(SUE) ��S�UKHVIN0 i "((S A, Chief .Office of Tbansvorta6bn PlAnniha: North -Callr6ns,improv6 mo&lityacro'si CalVbinla*-" • E• • W, ab; ... Z � S U co 4Z C OL O o cL h C'1 10 theQr G X U _ Lu 4Z C OL O LA pip � Q W V 44 3/Vl7 4Z C OL O DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR USE PERMIT UP07-0008 (JOSE ZIRANDA) Modifications have been made to this document after circulation to the State Clearinghouse. The modification is a deletion of language in Section 4.7 stating fire hydrants are required when in fact they are not required. • Project Name: (Ziranda) Use Permit UP07-0008 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR USE PERMIT UP07-0008 (JOSE ZIRANDA) 1.0 PROJECT INFORMATION A. Applicant/Owner: Jose Ziranda B. Engineer: Jim Pursell C. Staff Contact: Carl Durling, Associate Planner, (530) 538-7150, cdurling@buttecounty.net D. Project Name: None E. Project Location: On the north side of Oro Dam Blvd, West, extending north through to Rosekrans Dr., and situated 300 feet west of 12th Street in Thermalito (6,676,584,.58 by 2,307,737.88 CA coordinates). F. Type of Application(s): Use Permit G. Assessor's Parcel Number(s): 030-196-004 H. Project Site Size: 0.23 I. Current Zoning: C-2 (General Commercial) J. General Plan Designation: Commercial K. Environmental Setting: The 0.23 acre project site is developed with two dwellings and a large garage/workshop, and is located in a mixed urban and suburban residential neighborhood. Approximately one- half of the property is parking area. The project site fronts on both Oro Dam Blvd. West (SR162) and on Rosekrans (Rosecrans) Drive. Both roads are public. The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 3%. Elevation of the project site is approximately 180 feet above sea level. The project site has three trees, and shrubs along the property lines. The east side of the property is bounded by a used car lot that extends to 121' Street. Properties to the west and north along Rosekrans Drive are single family residential. Properties south across Oro Dam Blvd. West are also primarily residential in nature. The project site is served by public water through the Thermalito Water and Sewer District (TWSD) and sanitary sewage services through the TWSD and Sewage Commission Oroville Region (SC -OR). A fire hydrant is located on the north side of Oro Dam Blvd. West approximately five hundred feet west of the project site. The property is zoned C-2 (General Commercial) and has a General Plan designation of Commercial. The site is located in a primarily urban/suburban residential setting, with nearby parcels ranging in size from 0.11 to 6.3 acres. Curb, gutter, and sidewalks are not installed along Oro Dam Blvd. West. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The site is located within the City of Oroville's Sphere of Influence, the Oroville Urban Area and the Thermalito Water and Sewer District. The site is located approximately 1.3 miles northeast from the nearest runway at the Oroville Municipal Airport. The project site is located within Airport Land Use Land Compatibility Zone C (Traffic Pattern). The project was reviewed and found to be consistent with this zone. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 1 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. L. Surrounding Land Uses: The subject property is bounded on the east by a used car lot that extends to 12'h Street, a residence on the west, and residential single family homes on the north along Rosekrans Drive. The properties south across Oro Dam Blvd. West are developed as residential but zoned C-2 and R-3. The site is located within the City of Oroville's Sphere of Influence and Urban Area designation. The adjoining General Plan Designation and Existing Land Uses are as follows: Direction General Plan Designation North Medium Density Residential South Commercial East Commercial West Commercial Zoning Existing Land Use(s) A -R Residential Single Family R-3 & C-2 Oro Dam Blvd, & Residential C-2 Commercial used car lot C-2 Residential Single Family M. Proiect Description: This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will represent the third dwelling on the property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services would be provided by the Thermalito Water and Sewer District (TWSD). Accesses and parking to the two existing dwellings are currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will also provide parking off of Rosekrans Drive. The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. Public Agency Approvals: Thermalito Water and Sewer District (TWSD), Butte County Public Works Department, Butte County Fire Department/CDF. 2.0 DETERMINATION [ ] 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. 6��d LL- a, Prepared by: Carl D ling, Associate Planner Date ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 2 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 0� Reviewe 'StaY/1olkfe, Principal Planner Date 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 reduced to a "less than significant' level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ J 4.4 Biological Resources [ ) 4.5 Cultural Resources [ ] 4.6 Geologic Processes ( ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 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 [X] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 3 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICVISUAL RESOURCES: 0 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact P: evious 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 buildings within a state scenic highway? X 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 in the X area? Impact Discussion: There are no scenic resources, historic buildings, or scenic highways within the immediate vicinity of the site. The project will have no impact on any scenic vista. There are no designated State or County scenic highways in Butte County and one eligible scenic highway (Butte County Scenic Highway Map). The eligible highway is Highway 70, east from the Highway 191 split to the eastern County border with Plumas County. This eligible segment of Highway 70 .is not visible from the project site. The project will have no impact on any State or County scenic highway. The general visual character in the vicinity of the proposed project is that of urban and suburban view sheds. The existing source of light on the parcel is residential street pole lighting. Light sources in the project vicinity include outdoor and indoor lighting from the adjacent residential uses. The visual character of the project site would be'not be substantially and permanently altered because the project is the conversion of an existing building. The addition of one single family dwelling will not substantially change the residential character of the area. The project will not increase additional light sources (i.e., new street lights, interior and exterior building lighting and vehicle headlights) that would have a measurable addition to nighttime lighting to the project site and vicinity. There is no impact associated with lighting. Construction of a typical residential dwellings and accessory structures causes short-term visual impacts. However, typical residential construction will not take place because the proposed dwelling is the conversion of an existing building by modifying the interior only. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from off-site. The completion of the project interior improvements eliminate the short-term visual impacts of the grading and construction operations. Mitigation Measure No. None Required: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 4 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 4.2 AGRICULTURE RESOURCES: L] 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 X maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, X to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? X Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Urban and Built -Up Land". This designation is described as: Land that is occupied by structures with a building density of at least I unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area is designated for urban growth and development with sewer and water. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Urder Impact with Impact Pre-ious Mitigation Doctment 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 violation? X 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 air X 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 X of people? ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 5 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 Impact Discussion: The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. Two types of inversion occur in the NSVAB: 1) during the summer sinking air forms a lid over the region contributing to photochemical smog and 2) air cools next to the ground while air aloft remains warm causing poor dispersion of ground level pollutant emissions. The air quality of a region is determined by the air pollutant emissions (quantities and type of pollutants measured by weight) and by ambient air quality (the concentration of pollutants within a specified volume of air). Air pollutants are characterized as primary and secondary pollutants. Primary pollutants are those emitted directly into the air, for example carbon monoxide (CO), and can be traced to a single pollutant source. Secondary pollutants are those pollutants that form through chemical reactions in the atmosphere, for example reactive organic gasses (ROG) and nitrogen oxides (NOX) combine to form ozone. The NSVAB is subject to federal, state, and local regulations. The NVASB is designated nonattainment for PM,o, (particulate matter less than 10 microns in diameter), ozone (ROG and NOx), and CO by the federal Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). The CARB prepares and submits to the EPA a State Implementation Plan explaining how the state will attain compliance with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Pian in 2004 as its component of the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called for the preparation and implementation of Indirect Source Review Guidelines (Guidelines). The local Butte County Air Quality Management District (BCAQMD) issued the Guidelines in 1997. The intent of the Guidelines is to "facilitate incorporation of amenities early in the planning process, rather than later during the formal environmental review process when it may be too late or too expensive to incorporate the District's [BCAQMD] recommended mitigation measures." This project was evaluated using the BCQAMD Guidelines. The proposed project will have a less than significant impact because all construction activities will be within the existing building. Air pollutant emissions associated with development of the proposed project would consist primarily of motor vehicle exhaust, dust and other emissions due to construction activities, and emissions from lawn mowers, barbeques, and fireplaces. According to the Guidelines, construction of 1 single-family home generates Level "A" thresholds of emissions, which do not require incorporation of Best Available Mitigation Measures and Supplemental Mitigation Measures. 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 could 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. Because of its temporary duration, and the construction activities will be interior to the buliding, health risks from construction emissions of diesel particulate would be less -than -significant impact. With construction confined to the interior of the building, construction dust would not affect local air quality during construction of the proposed project. The effects of construction activities would not increase dustfall and locally elevated levels of particulates downwind of construction activity because construction activities will be within the interior of the building. 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. Fugitive dust is not anticipated because construction activities will be confined to the interior of the building. During project construction, various diesel -powered vehicles and equipment in use on the site would create odors. These odors are not likely to be noticeable beyond the project boundaries, however. The proposed residential uses are not likely to create objectionable odors. Mitigation Measure No: None Required ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 6 of 27 ■ J0 Project Name: (Ziranda) Use Permit UP07-0008 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Urder Impact with Impact Pr!vious 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 species in local or X 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, regulations or by the California X 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, vernal pool, coastal, X 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 X established native resident or migratory 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 preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, X or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X 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 or X migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site is within a low-density urban and suburban residential area of privately -owned land in the valley area of Thermalito. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 7 of 27 ■ • 0 Project Name: (Ziranda) Use Permit UP07-0008 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 (CLAPS) 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, Jun -02-2007) was reviewed to determine if any special status species. or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species or habitats on the project site, or in the vicinity of the project. The project property has been previously disturbed by three dwellings, gravel parking area and lawn. 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. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). 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 Doe-ement Incorporated a. Cause a substantial adverse change in the significance of X a historical resource as defined in § 15064.5? 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 X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? 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. The project site was reviewed by the Northeast Center of the California Historical Resources Information System. According to their records, no prehistoric or historic resources sites have been recorded in the project area. One historic site has been recorded in the project vicinity. Butte County Archaeological Sensitivity Map lists the area as moderate for archaeological resources. However, the project property has been previously disturbed by three dwellings, gravel parking area and lawn. Based on the fact that construction activities will be on the interior of the building, staff is not requiring a cultural resources survey. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 8 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 Mitigation Measure No.: None Required 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact R•!viewed _-Jnder 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 X Zoning Map issued by the 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 liquefaction? X 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, and X 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 substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system X 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 in an after shock epicenter region. No impacts are anticipated due to seismic activity in the project area because all new structures placed on the site are required to meet seismic standards of the Uniform Building Code. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault lines. Although there is insufficient data to predict these forces, the closest mapped Fault -Rupture Zone is the Cleveland Hills fault zone, which is located approximately 7.6 miles to the east of the project site. The Cleveland Hills fault line is the only fault line in Butte County that is recognized under the Alquist-Priolo Special Study Zones Act to pose a threat from fault rupture. Seismic risk is not limited to faults which have been currently identified. Some earthquakes originate from unknown sources sometimes characterized as "background seismicity" or "floating earthquakes." The Butte County Master Environmental Assessment indicates that it is reasonable to assume that background seismicity could produce earthquakes as large as Richter magnitude (modified Mercalli intensity scale) 6.5 virtually anywhere in Butte County. There is no current evidence that an earthquake larger than magnitude 6.5 will occur at this location. Earthquakes at this magnitude are generally felt by all persons, but damage is generally slight to minor, with fallen chimneys and cracked plaster the most prominent damage. Richter magnitude 6.5 is not subjectively characterized ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 9 of 27 ■ s Project Name: (Ziranda) Use Permit UP07-0008 on the intensity scale, but a magnitude 7 is generally characterized by negligible damage, especially in buildings of good design and construction. Considerable damage can occur in poorly built or badly designed structures. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. No significant impact is anticipated. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a low to no potential for landslides in this area. No significant impact is anticipated. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the project site has a moderate potential for soil erosion. Disruption of soils on the site is not expected to create significant soil erosion due to the relatively flat site. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. The Conservation Element's Expansive Soils Map indicates that the project site has a high expansive soil potential. Building requirements will reduce any impacts to less than significant. Project construction activities could be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation could be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. All dischargers are required to prepare and implement a SWPPP prior to disturbing a site. The SWPPP must be implemented at the appropriate level (disturbance of more than one acre) to protect water quality at all times throughout the life of the project. Non -storm water best management practices (BMPs) must be implemented year round. The SWPPP shall remain on the site while the site is under construction, commencing with the initial mobilization and ending with the termination of coverage under the permit. The SWPPP has two major objectives: (1) to help identify the sources of sediment and other pollutants that affect the quality of storm water discharges and (2) to describe and ensure the implementation of BMPs to reduce or eliminate sediment and other pollutants in storm water as well as non -storm water discharges. The SWPPP shall include BMPs which address source control and, if necessary, shall also include BMPs which address pollutant control. Required elements of a SWPPP include: (1) site description addressing the elements and characteristics specific to the site, (2) descriptions of BMPs for erosion and sediment controls, (3) BMPs for construction waste handling and disposal, (4) implementation of approved local plans, (5) proposed post -construction controls, including description of local post -construction erosion and sediment control requirements, and (6) non -storm water management. Construction activities will be confined to the interior of the building. No on-site grading is proposed as part of the construction activities. The entire parcel is less than one acre, and not part of a larger project. Mitigation Measure No: None Required 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the Potentially Less Than Less Than No Rev_ewed proposal: Significant Significant Significant Impact Ur.der Impact with Impact Pre-+ious Mitigation Document Incorporated a. Create a significant hazard to the public or the , environmental through the routine transport use, or disposal X of hazardous materials? ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 10 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 0 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact R_ -viewed Under Impact with Impact Previous Mitigation Document Incorporated b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X 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 X Section 65962.5 and, as a result, 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 project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? Impact Discussion: Construction activities associated with the development of the interior of the proposed building 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. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. 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 would not create any hazardous materials. Implementation of the proposed project would result in the development of 1 additional primary home dwelling, for a total of three homes on the property. 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 residential 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 11 of 27 ■ 0 0 Project Name: (Ziranda) Use Permit UP07-0008 The project site is located approximately 1.30 miles to the east of the extended centerline of runway 1/19. Exhibit 51 (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is within Airport Compatibility Zone C, which is defined as "Traffic Pattern." The C Compatibility Zone places limits on the types or density of land uses. The allowable average parcels are either 5 acres or larger, or 0.25 acres or smaller. The project is proposing three dwellings (two existing) on 0.23 acres for the which is consistent with the C Compatibility Zone. Single-family residences are a consistent use within the C Compatibility Zone. The project was reviewed by the Butte County Airport Land Use Commission (ALUC) on January 13, 2009, and found consistent with the plan. The project would not interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur. The project site is located within the Local Responsibility Area (LRA) for fire protection. The project site is not located in an area where wildfire occurs due to the lack of large amounts of vegetation. A fire hydrant is located within 1,000 feet of the project site, at the corner of 101 Street and Oro Dam Blvd. W., and a second on the north side of Oroville Dam Blvd. West 500 feet west of the project site. The nearest staffed fire station is Station # 63 (Oroville, full time, CDF staffed), which is located approximately 2.9 miles to the northeast of the site (on Nelson Avenue at County Center Drive). "e�e,e�+ta�frerr� . _ .. - .-rs�ns��rxa�te� rsr rssnstsre��aeett�erssee�r�rere-!!�e++r ��ssts� Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 12 of 27 ■ Potentially Less Than Less Than No Re-iewed 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 rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which ern -tits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X. 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 amount X. 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. f. Otherwise substantially degrade water quality? X ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 12 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 Impact Discussion: All wastewater generated by the future dwellings on the site would be handled through a public sewer system (Thermalito Water and Sewer District (TWSD)) and wastewater treatment facility Sewage Commission Oroville Region (SC -OR)). The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letters from TWSD and SC -OR showing that this agency is willing and able to provide sewer service. Domestic water supply for future dwellings on the project site is proposed to be obtained from TWSD. No significant impacts to groundwater supplies are expected to occur. The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letter from TWSD showing that this agency is willing and able to supply the required amounts of domestic water to the project site. During the conversion of the garage to a dwelling, grading operations and other soil disturbance activities would not result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoff because construction is confined to the interior of the building. However, the project site has never been evaluated regarding stormwater runoff and erosion. The project property may be in violation of water quality standards and waste discharge requirements. Because the project is the modification of the interior of the garage, onsite grading is not expected as part of the project.. In cases where more than one acre of soil is disturbed, a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Permit requirements regarding construction activities, including erosion control, would be required. In this case, a SWPPP would not be required because the property is less than one acre, nor is it part of a larger project. An increase in stormwater runoff is not expected due to reduced absorption rate created from new impervious surfaces on the site, such as roads, sidewalks, structures, driveways, and hardscape (walkways, patios) because the proposed construction is confined to the interior of the existing garage. However, drainage facilities in the Thermalito area are marginal and stormwater runoff from the site has the potential to significantly impact the existing drainage facilities. The project site is within the Ruddy Creek Basin of the Thermalito Drainage Area (Thermalito Master Drainage Plan Map). Development in the Thermalito Drainage Area may be subject to the collection of drainage fees pursuant to Chapter 3, Article XI (Sections 3-100 through 3-103) and Chapter 20, Article IX (Section 20-210) of the Butte County Code. The fees are used to help resolve drainage problems in the Thermalito area. Cumulatively considerable means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects (PRC 15064 (h)). The project property contribution to significant, cumulative drainage impacts has never been evaluated. However, the potential impact of the existing property will be rendered less than cumulatively considerable through a mitigation measure for the project to reduce peak flows to pre -construction levels. The project site is not within a 100 -year flood zone (Federal Emergency Management Agency's Flood Insurance Rate Map 06007C -0790C, dated June 8, 1998). Therefore, no people or structures on the site would be subject to significant risk of flooding. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 13 of 27 ■ Potentially Less Than Less Than No R!viewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: All wastewater generated by the future dwellings on the site would be handled through a public sewer system (Thermalito Water and Sewer District (TWSD)) and wastewater treatment facility Sewage Commission Oroville Region (SC -OR)). The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letters from TWSD and SC -OR showing that this agency is willing and able to provide sewer service. Domestic water supply for future dwellings on the project site is proposed to be obtained from TWSD. No significant impacts to groundwater supplies are expected to occur. The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letter from TWSD showing that this agency is willing and able to supply the required amounts of domestic water to the project site. During the conversion of the garage to a dwelling, grading operations and other soil disturbance activities would not result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoff because construction is confined to the interior of the building. However, the project site has never been evaluated regarding stormwater runoff and erosion. The project property may be in violation of water quality standards and waste discharge requirements. Because the project is the modification of the interior of the garage, onsite grading is not expected as part of the project.. In cases where more than one acre of soil is disturbed, a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Permit requirements regarding construction activities, including erosion control, would be required. In this case, a SWPPP would not be required because the property is less than one acre, nor is it part of a larger project. An increase in stormwater runoff is not expected due to reduced absorption rate created from new impervious surfaces on the site, such as roads, sidewalks, structures, driveways, and hardscape (walkways, patios) because the proposed construction is confined to the interior of the existing garage. However, drainage facilities in the Thermalito area are marginal and stormwater runoff from the site has the potential to significantly impact the existing drainage facilities. The project site is within the Ruddy Creek Basin of the Thermalito Drainage Area (Thermalito Master Drainage Plan Map). Development in the Thermalito Drainage Area may be subject to the collection of drainage fees pursuant to Chapter 3, Article XI (Sections 3-100 through 3-103) and Chapter 20, Article IX (Section 20-210) of the Butte County Code. The fees are used to help resolve drainage problems in the Thermalito area. Cumulatively considerable means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects (PRC 15064 (h)). The project property contribution to significant, cumulative drainage impacts has never been evaluated. However, the potential impact of the existing property will be rendered less than cumulatively considerable through a mitigation measure for the project to reduce peak flows to pre -construction levels. The project site is not within a 100 -year flood zone (Federal Emergency Management Agency's Flood Insurance Rate Map 06007C -0790C, dated June 8, 1998). Therefore, no people or structures on the site would be subject to significant risk of flooding. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 13 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 The property is not located in an area prone to seiche or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building 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. 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. 4.9 LAND USE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Umder Impact with Impact Pre-ious Mitigation Doct ment 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, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding. or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The subject parcel is zoned C-2 (General Commercial) with a C (Commercial) General Plan Designation, and extends from Oro Dam Blvd. W. through to Rosekrans Drive. The project consists of converting an existing garage into a single family dwelling. The 0.23 -acre parcel is developed with two existing dwellings. The proposed use of three dwellings on the subject parcel is consistent with the General Plan, and Zoning, upon approval of a Use Permit. Access and parking to the two existing dwellings is currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will also provide parking off of Rosekrans Drive. The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. The subject property is bounded on the east by a used car lot that extends to 120' Street, a residence on the west, and residential single family homes on the north along Rosekrans Drive. The properties south across Oro Dam Blvd. West are developed as residential but zoned C-2 and R-3. The project is located within the City of Oroville's Sphere of Influence and is within the Oroville Urban Area. A request for comments concerning this project was sent to the City of Oroville. No comments were received. This proposal would not physically divide an established community due to its conformity with zoning and surrounding land use. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 14 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the proposed. project. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed 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? X b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land use plan? X 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 Renewed Ifider 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 or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X roj ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X 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, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, X would the project expose people residing or working in ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 15 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Frevious Mitigation D•:)cument Incorporated the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. 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. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a suburban/rural residential area with generally low noise levels and is not subject to any significant continuous noise. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of the project site. The predominant noise source is Oro Dam Blvd. W traffic. However, the proposed home is situated over 70 feet from the road right-of-way. Interior noise levels are not expected to be cumulative considerable. Existing noises not associated with residential uses in the area include occasional aircraft arriving and departing the nearby Oroville Municipal Airport. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by residential uses and vehicle traffic similar to that anticipated from this project. Construction noise will be very limited since the construction takes place within the existing structure. The ensuing building construction and equipment installation phases would be quieter and on completion of the project, the area's sound levels would revert essentially to the traffic levels. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given that construction will be interior to the existing garage, sound levels are expected to be substantially less than the 70 dB CNEL level. Therefore, a less -than -significant impact would occur. The project site is not located within the vicinity of heavy manufacturing uses, mines, railroad tracks, or other existing uses that could generate ground -borne vibration or ground -borne noise that would significantly affect proposed on-site uses. The proposed project would not include the development of land uses that would generate substantial ground - borne vibration or noise or use construction activities that would have such effects because no mid -or high-rise buildings or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. Therefore, a less -than -significant impact would occur. The project site is located approximately 1.30 miles northeast from the nearest runway at the Oroville Municipal Airport. Exhibit 5I (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is within Airport Compatibility Zone C, which is defined as "Other Airport Environs." The project site is outside of the 55 dB CNEL noise contour (Exhibit 5E, Butte County Airport Land Use Compatibility Plan). Aircraft fly over or near the project site when landing or taking off from the Oroville ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 16 of 27 ■ Projeci Name: (Ziranda) Use Permit UP07-0008 Airport. However, no significant noise impacts associated with aircraft landing or departing the Oroville Municipal Airport are expected to occur to the residents of the project site because the project site is outside of the 55 dB noise contour. The project site is not located near any private airstrip. Mitigation Measure No. None Required 4.12 HOUSING: Would the Potentially Less Than Less Than No R --viewed proposal: Significant Significant Significant Impact Jnder Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X 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 Impact Discussion: Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is supported by the fact that population increase has been steady for the last ten years, with an annual average increase of 1,770 people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county. The proposed Use Permit would create 1 residential dwelling, and has the potential to add an estimated 2.4 people to Butte County (1 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 1.1% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. Sewer and water lines already extend to the project site and no new off-site 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 because the project is the conversion of an existing garage. No impact would occur. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 17 of 27 ■ Potentially Less Than Less Than No Rev.ewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Docament Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 17 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 40 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Would the proposal: Impact with Impact Impact Previous Impact Mitigation Impact Mcument Incorporated Document a. Would the project result in substantial adverse physical Incorporated impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in 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 project site is located in an area designated as an unclassified fire hazard area, indicating the site is either in an urban area or an irrigated area (Butte County GIS Fire Hazards shapefile theme). The project site is within an urban area, where pressurized water is available. The project site is within the Local Responsibility Area (LRA). A Fire hydrant is located within 1,000 feet of the project, on the corner of 14d' Street and Oro Dam Blvd W., and a second one west of the project site on the north side Oroville Dam Blvd. West within 500 feet. The Butte County Fire Department/California Department of Forestry requires a pressurized community water system for fire prevention. The project would result in added need for County services, such as law enforcement, fire protection, general services, libraries, and roads. The Butte County Board of Supervisors recently approved the collection of development impact fees for new dwellings units. The fee varies depending on whether the dwelling is a conventionally -constructed house or is a mobile or manufactured home. Additionally, County Code requires the payment of a Sheriff Jail Facilities impact fee at the time of issuance of a building permit for a dwelling unit. The payment of these fees would help offset the cost of providing County services to the project site. These fees are required at time of building permit issuance. A less than significant impact to services is anticipated. The project is anticipated to increase use of area parks and facilities. The impact is offset by a development fee for park/recreational facilities and is paid prior to issuance of building permits. The fee will be determined and calculated as of the date of application for the building permits. The project site is located in the Thermalito Union School District (K-8) and the Oroville Union High School District (9-12). Sierra Avenue Elementary School is located approximately 0.71 miles to the northeast of the project site (at 1050 Sierra Avenue). Nelson Avenue Middle School is located approximately 2.5 miles to the northeast. Oroville High School is located approximately 3.5 miles to the east. The incremental demand for school facilities in the area is not measurable because only one dwelling is proposed. Mitigation Measure: None required. 4.14 RECREATION: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 18 of 27 ■ Potentially Less Than Less Than No Rerewed Would the proposal: Significant Significant Significant Impact Ur.der Impact with Impact Pre+ious Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 18 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 Would the Potentially Less Than Less Than No Feviewed 'Under proposal: Significant Significant Significant Impact Pr_vious Impact with Impact Previous Mitigation Dicument a. Cause an increase in traffic which is substantial in relation Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial X . physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X X adverse physical effect on the environment? Impact Discussion: There is no community or neighborhood parks in the project area and no park sites in the Thermalito area are identified on any adopted plan. Existing public recreational facilities in the project area include the Nelson Sports Complex (on 6"' Avenue north of Nelson Avenue), Thermalito Forebay Recreation Area South, Thermalito Forebay Recreation Area North; Thermalito Afterbay Recreation Area, and the Oroville Wildlife Area. Additional public recreational facilities, such as Bedrock. Park, Riverbend Park, and the Lake Oroville State Recreation Area, are found on the east side of the Feather River. The project site is located within the Feather River Park and Recreation District (FRPRD). FRPRD collects fees for new development to offset the demands on area parks. The project's contribution of one (1) new residential dwelling would cause a minor increase in the usage of parks and other recreational facilities in the Oroville area. The collection of fees would offset the increase in usage of parks and other recreational facilities in the FRPRD caused by the project. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Imder Impact with Impact Pr_vious 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 either the number of X . 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 location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in safety issues for pedestrian and/or vehicle X safety? L Result in inadequate emergency access? X ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 19 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 40 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Frevious Mitigation Document Incorporated g. Result in inadequate parking capacity? X h. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The quality of traffic flow is defined by level of service (LOS). Levels of services are qualitative descriptions of traffic operating conditions. These levels of services are designated with letters ranging from LOS A, which is indicative of good operating conditions with little or no delay, to LOS F, which is indicative of stop -and -go conditions with frequent and lengthy delay. Staff reviewed traffic studies prepared by both the Butte County Department of Public Works and the Butte County Association of Governments (BCAG). In December 2006, Butte County Department of Public Works performed a traffic count for 12`s Street, just east of the project site. Their traffic count determined an average daily trip count of 1,289 at the intersection of 12`h Street and Oro Dam Blvd. W. Based on the Butte County General Plan, a determination of service is by the type of roadway. The addition of one dwelling is not measurable, therefore the impact is not cumulative significant. Access to the parcel will be by Rosekrans Drive and Oro Dam Blvd. W. With two points of access there is no need for additional access for emergency purposes. A Half -street section on the frontage of Rosekrans Drive of the project site is required to be improved to County Road Standard RS -2C, which requires curb, gutter, and sidewalk. No other frontage along Rosekrans Drive is improved. In addition, the Oro Dam Blvd. W. frontage is required to be improved to RS -2A standards which also requires curb, gutter and sidewalks. The only curb, gutter and sidewalk improvements on Oro Dam Blvd. W. are on the north side of the road beginning about 250 feet west of the property and extending 650 feet to the intersection with 14'h Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18th Street a distance of 1.2 miles. The applicant is requesting an exception to these improvements. The project site would be developed with an additional single family home, which typically would not exceed 25 feet in height. Therefore, no structures on the site would extend into protected airspace. The project is consistent with the policies of the 2000 Butte County Airport Land Use Plan and would not cause any significant impacts to air traffic. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed project provides two parking spaces for each dwelling; therefore the project would have no impact resulting from insufficient parking capacity. This Use Permit addition of 1 dwelling would not conflict with accepted policies, plans or programs supporting alternative transportation. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: . ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 20 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 I� U Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation D)cument 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 existing X 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 facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X 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 X adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? L Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: Sewage disposal for the future dwelling on the site would be handled by a public sanitary sewer system (TWSD) and wastewater treatment facility (SC -OR). TWSD and SC -OR currently question whether they have capacity. to handle the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "Prior to issuance of the Use Permit a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." Domestic water supply for the future dwelling on the site would be obtained from a public water system (TWSD). The project would not have a significant impact on any water treatment facilities. On-site storm water drainage improvements are required due to development of the project site. See Section 4.8 regarding the mitigation measure for drainage. The project would result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. The California Integrated Waste Management Board estimates that a typical residential household generates 10 to 12 pounds of waste per day (1.8 to 2.2 tons per year). 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. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 21 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 Mitigation Measure #2: • As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact R --viewed Jnder 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 X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable futureprojects)? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X 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 4.8 — Hydrology and Water Quality; and 4.16 — Utilities/Service Systems to these areas would be mitigated due to the inclusion of Mitigation Measures 1 and 2 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. CUMULATIVE IMPACT ANALYSIS An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. Hydrology and Water Quality (Section 4.8) The project's contribution to significant cumulative impact to Ruddy Creek will be rendered less than significant by mitigation applied to the project in section 4.8. to reduce peak flows to pre -construction levels. No cumulative drainage issues above and beyond those evaluated in the hydrology and Water Quality Section are anticipated. Utilities/Service Systems (Section 4.16) ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 22 of 27 ■ 9 0 Project Name: (Ziranda) Use Permit UP07-0008 Sewage disposal for the future dwellings on the site would be handled by a public sanitary sewer system (TWSD) and wastewater treatment facility (SC -OR). TWSD and SC -OR currently question whether they have capacity to handle the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building 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. 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. CA: CH2M Hill, 1977. 3. Butte County Planning Department. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Hill, 1977. 5. Butte County Planning Department. Hill, 1977. 6. Butte County Planning Department. CH2M Hill, 1977. 7. Butte County Planning Department. CH2M Hill, 1977. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, Subsidence and Landslide Potential Map 111-1, Safety Element. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 23 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 • 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mqp. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989 and 2000. 12. USGS Quad Maps. 13. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 14. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15: NRCS Soil Survey of Butte County (2006) 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map, and the Butte County Fire Department and California Department of Forestry, 1989 17. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan - 02 -2008. 18. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt -Moen 19. 1979 Thermalito Drainage Study, Butte County Planning Department 20. Cumulative traffic analysis prepared by RKH Engineering May 30, 2007 on behalf of the Diamond Oaks Subdivision 21. Thermalito Water and Sewer District standards. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [ ] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [X] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [ ] Agricultural Commissioner [ ] Butte Co. Farm Bureau [X] Oroville Union School Dist. [X] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] SFWPA IN Thermalito W & S Dist. [ ] PG&E [ ] Pacific Bell [ ] SBC [ ] Oroville Elem. School Dist. [X] County Assessor [X] Thermalito Union Sch. Disl [ ] Dept of Water Resources 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study for the Jose Ziranda Use Permit UP07-0008 (APN 030-196- 0004) application and particularly the mitigation measures identified herein. Me hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent 2 N Y .aa\\t Project Sponsor/Project Agent 21 — me d Date :21 - Ene- O� Date G:\PROJECTS\UP\ZIRANDA UP07-0008\Planning CommissionUnitial Study Ziranda UP07-0008 draft.doc ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 24 of 27 ■ 0 • Project Name: (Ziranda) Use Permit UP07-0008 LOCATION MAP LT NORTH - ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 25 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 40 °otlpefte G N 1 � I ----------- -2 ........:.:::.-....::........................................................................................................... ...................................... i. .. 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J • a ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 27 of 27 ■ February 1, 2008 The Honorable Members of the Butte County Planning Commission c/o Carl Durling Butte County Department of Developmetn Services #7 County Center Drive, Oroville, CA, 95965 Regarding: Request for Exception to Oro -Dam Blvd. portion o f Public Works Street Condition #3. File No.: UP07-0008 APN: 030-196-004 Honorable Members of the Butte County Planning Commission, Per Butte County Code Chapter 20 SUBDIVISIONS, Article II General Provisions, Section 20-4 EXCEPTIONS TO DESIGN REQUIREMENTS, we are requesting that the Planning Commission, in considering approval of our Use Permit application UP07-0008, authorize an exception to the portion of proposed Public Works Street. Condition #3 which requires that we improve the 110 feet of our parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Public Works Street Condition #2 would already require that we deed to Butte County in fee simple 45 feet of right-of-way from the centerline of Oroville Dam Boulevard along that entire property frontage. We feel that the requirement for full street frontage curb -gutter -sidewalk improvements is excessive, inappropriate, and inconsistent with past practice and existing conditions. In the entire length of Highway 162, from about 700' west of the bridge crossing the Feather River all the way to Richvale, only one parcel has curb, gutter and sidewalk improvements. That parcel is the gas station on the northwest corner of 14 St. and Oro - Dam Blvd. The 1.3 mile portion of Oro Dam Blvd. between the Feather River andl8th St. is a leap -frog strip annexation by the City of Oroville. The City should be responsible for improvements to this portion of their street. Public Works Street Condition #4 requires us to relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of our parcel. We accept the loss of access off of Oro Dam Boulevard because we would still have access off of Rosekrans Drive. We can accept the second part o f Public Works Street Condition #3 which requires construction of street frontage improvements on Rosekrans Drive, because there are already portions of Rosekrans Drive that have curb, gutter, and sidewalk. We want to improve our land and our neighborhood, but we think that the first part of Condition #3 about improving Oro -Dam Blvd is excessive. a We are requesting that you find, as we have described above: That there are special circumstances and conditions of location and existing development affecting the property, which existed at the time we made our application for the Use Permit, which justify an exemption from the portion of proposed Public Works Street Condition #3 which requires that we improve the 110 feet of parcel frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. b That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. We want to thank you for your careful consideration of this request for exception from the first portion of Public Works Street Condition #3. Jose Ziranda 1260 Oro Dam Blvd. Oroville, CA 95965 s c C-9.Avs I I0.00 udc 114 SF �° IoAlo PO TMJ /9 0 . I No eX-)5TJAIG A F 5 DtAl I260 012a OA M 6 72 sp pAgv �r BUM NOV 3 0..,.2007 bEVEWPMENT =SERVICES 6 F G7X s N 124 0 F-0 PAM 13 �:I z� `� �� Oro ��.. �I� �- PLOT PLAN SCALE APS 080. 119 ooq BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – February, 26, 2009 Applicant: Jose Ziranda Location: On the north side of Oro Owner: Jose Ziranda Dam Blvd. West, extending north through to Rosekrans Dr., and situated300 feet west of 12"ee in Thermalito. File #: UP07-0008 Parcel Size: 0.23 acres Request: 1. This is an application for Supervisor 4 a Use Permit to convert an District: existing garage into a third dwelling in the C-2 zone. Planner: C ii OQring, Associate 2. Request for an exception Tanner to Public Works requirement, for de is do f R/W and AAaclhients alo A: Resolution with Conditions • l/ _ N(NC G.P.: Zoning: Zone the 110 oot frontagS,jc Oro Dam Blvd West, and . o' SeKrans Drive. Commercial C-2 (%e eral Comrmercial) 17, 1968 B: General Plan/Zoning Map �— C: Initial Study D: Exception request letter E.: Site Plan AP-OOPOOP0030-196-004 • YDS �� ,1� G� . EXENUIVE SUMMA This is an applicatio for .a Use Permit to convert a garage into a single family dwelling. The conversion will r. resenbrthe third dwelling on the property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services would be provided by the Thermalito Water and Sewer District (TWSD). The application includes a request for exception to the Public Works conditions requiring dedication, of right-of-way. on Oro ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ - 0 Page 1 of 15 ■ Dam Blvd. West, along with full improvements of curb, gutte and sidewalks on Oro Dam West and Rosekrans Drive. Staff recommends adoption of the attached resolution, adopting a mitigated negative declaration and approving Use Permit UP06-0024 with findings and conditions. Staff recommends denial of the exception requests. PROJECT DESCRIPTION�UsePermit • This is an application f a to convert a garage into a single family elling. conversion will-wf=the third dwelling on the property. All imp�vem nts `will within the interior of the garage. The be • The proposed dwelling .will consist of two bedrooms, kitchen, and bathroom. The dwelling will contain 660 square feet of living area. _ • The C-2 zone allows multiple dwellings upon approv�ai of a�U Permit. Sewage disposal and domestic water services Abe provided by the The, a M o ater and Sewer District (TAXIQ l N./A I "%L ` 7 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 2 of 150 • A fire hydrant is located at the corner of 14'' Street and Oro Dam Blvd. West, within 1,000 feet of the project site, and a second one on t Me Dam Blvd. West within 500 feet. • The sit elopment plan will prove an addition parking spaces off of Rosekrans Drive. Four arking spaces are currently provided off of Oro Dam Blvd. West. • The project site is located within Airport Land Use Land Compatibility Zone(Traffic d Pattern). The project was reviewed and found to be consistent by the A t L'd Use `\ ) Commission staff on January 13, 2009. ANALYSIS: ` • The property was zoned C-2 on September 17, 1968. The area no across Rosekrans Drive ,J was zoned A -R on February 28, 1984.' • The garage was established by Building Permit 735-78B o , Ma. 6, 1 78. The dwellings pre- date the garage. Building permits were not required prior to 9.62. • The applicants is requesting an exception to the Oro Dam Blvd. West (see Attachment D). 4 curb, gutter and sidewalks on • A half -street section on the frontage o o"s�,krans Irive of the project site is required by Public Works to be ' pro ed to County Road, Standard RS -2C, which requires curb, gutter, and sidewalk. T e is r}o curb, gutter or sidewMreimproved l improvements on Rosekrans Drive. • Oro Dam Bl < nta a '-s a uired to to RS -2A standards which also g� q require cur d sidewalks. he only curb, gutter and sidewalk improvements on Oro Dam Blv W. eon the oq side oh'e road beginning about 250 feet west of the property and exte in 50 fe t to intersection with 14th Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18`" Street a distance o` iles.7 e• Butte Count Code ; ctio4-4 (Exceptions to desi n re uirements) states: Th*e caring body/ in an action relative to a matter before it may authorize exceep't ouslto a y of the requirements and regulations relative to the design of a , i n. Application for any such exception shall be made by a verified petition oNtthe subdivider or designated agent, stating � fully the grounds of the application and the facts relied upon by the petitioner. In order for the property rrefe ed to in the petition to come within the provisions of this section, the hearing bo y must find that all of the following facts apply with respect to the subject property: a. That there are special circumstances or conditions of topography or size or shape or location or existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 3 of 15 ■ b. That the granting of the exception will not be -detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The applicant's letter requesting the exceptions is attached as Attachment D. • Butte County Code Section 24-45.10 specifies the criteria for granting a use permit as follows. The planning commission, on the basis of the evidence submitted at the he ng, may grant use permits required by the provisions of this chapter when it find tha e proposed uses of the property will not impair the integrity and character of . e zone in which the land lies and that the use would not be unreasonably incom; 6atib e it or or injurious to, surrounding properties or detrimental to the health and gen we are of the persons residing or working in the neighborhood or to the general health welfare and safety of the county. Evidence offered at the hearing hereunder hall be received, held and disposed of in the manner set forth in section 24-25.25('b erei . 1. Harmony in scale, bulk, coverage, and density: The addition of 1 dwelling for a total of 3 dwellings oes _ t significantly change the scale, bulk, coverage or density of the neighborhood. 2. The availability of public facilities, ser5ices and utilities No additional public services ar, eeded accommodate this project. The project will be served by existingpublic water and sewer services. 3. The harmful effect, if any, ,on desiralile neighborhood character: The addition of one d el"ling is not a significant change in the residential and commercial character t e neighborhood. The roads in the project area are operating at a Ley Service fA. The increase in vehicle traffic generated by one dwelling w�dlm. inor and would not cause significant impacts to vehicle circulation in the area. 4. The suitabiiiiyyAQf the'site for the type and intensity of use or proposed is suited for the project because the property is currently occupied by llin � Required parking will be provided. The Initial Study and Negative Declaration determined that impacts by the project will be 'significant with the included mitigation measures. other relevant impact of the proposed use: 0he Planning Division has circulated the proposed use permit 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. • There is no California Land Conservation Agreement ("Williamson Act") contract on this property. The property is not bounded by either GOL (Grazing and Open Lands) or OFC ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 4 of 15■ (Orchard and Field Crops) designated lands, therefore a 300' agricultural setback is not required. • The unincorporated community of Thermalito is situated within the 0roville Urban Area. Public sewer and water will be provided. The City of Oroville reviewed the project and had no comment. ' • While the project would not introduce new impervious surfaces, which have the otential to alter recharge patterns, it is noted that the property has never been evaluated re arding drainage impacts. As a condition of the Use Permit, prior to approval of &rove cwnAans, a plan for a permanent solution for drainage shall be submitted to d app bved)by the Department of Public Works. V I ENVIRONMENTAL REVIEW/CEQA ISSUES: The initial study prepared for this project determined there could be env�tal impacts to the following areas:' • Hydrology/Water Quality (Drainage issues) • Utilities/Service Systems (Treatment Plant ,ca�� acity) The Initial Study/Mitigated Negative Declaration prepared for this project addressed potentially cumulative impacts withinI2,500 feet of the project site, with particular em phasis on and hydrology, laid. usehous' and population, public services, and tnsportation/traffic. examination of prope ies within 21? feet of the project site finds that there are p pp J 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition o W easurable for cumulative impact analysis. rology and Wafer Quality (Section 4.8) The project contrib 'dh to significant cumulative impact to Ruddy Creek will be rendered less h s'ghificant by mitigation applied to the project in section 4.8. to reduce peak ows ' o pre -construction levels. No cumulative drainage issues above �d and ose evaluated in the hydrology and Water Quality Section are 'tili 'e /Service Systems (Section 4.16): Seta disposal for the future dwellings on the site would be handled by a public saiitary sewer system (TWSD) and wastewater treatment facility (SC -OR). TWSD 'rd SC -OR currently question whether they have capacity to handle the increase in �( sewage flows generated by the project. A condition will be placed on the Use Permit \' 1 that requires a Willing and Able to serve letter. The condition will read as follows: \n� "a willing and able to serve letter for sewage service be provided which '�✓ assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 5of15■ _ 1 W •1 V The initial study, which is attached to this agenda report, recomme ed iri igation measures to reduce cumulative environmental impacts to a less than signific t feve The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be -operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)):' The initial study/mitigated negative declaration was sent to the Governor's Office of lanning and Research, State Clearinghouse, for a 30 -day review period (SCH #200801 -020 e review period began January 10, 2008 and'.ended February 10, 2008. Notices re ardin g the/30-day review period were mailed to landowners near the project site,. and a notice p ced in the Oroville Mercury Register. G:U'ROJECTS\UP\ZIItANDA UP07-0008\Planning Commission\Agenda Report Ziranda 0700-8,—Daft A c s + 1 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■'Agenda Report — Ziranda UP07-0008 ■ ■Page6of15■ _Il AERIAL LOCATION MAP ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ Page 8of15■ . Er North RD5 �C.�AlY� a PAS t M W 6 fZ SF e PRr�POS�p TN 19 P DWf�y//VG NO ei, ae o rXISTIA✓G .: RF51AcvG,r' -°- J1.60 G•2G OAK ZP- ry b 72's F P6JUG'. I tro . o OPO MM BLVD. NORTH 0 Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 9of15■ z8Ic' s' ,a s� 0 v IZ40 Oecj OAM 3L, r P D3'WN 0 Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 9of15■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP07-0008 WHEREAS, the Planning Commission has considered Use Permit UP07-0008for Jose Ziranda, in accordance with Chapter 24; Zoning, of the Butte County Code on AssXssor' arcel Numbers 030-196-004; and WHEREAS, the Planning Commission has considered an Initial Study d Mitigated Negative Declaration in accordance with the California Environmental Quality AA -t-;t - d WHEREAS, said Use Permit was referred to various affected PWic�d private agencies, County departments, and referral agencies for review and co e s; an WHEREAS, a duly noticed public hearing was held on Feb 26, 2009, and WHEREAS the PlanningCommission has co idered u 'lic comments and a report P p from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, t at th�?nning Commission: I. Adopts a Mitigated Negativ eclaration �„ the following findings: A. An Initial Study s co pleted in compliance with the California Environmental Quality ActSid sustudy ide 'ified significant environmental effects and included t mitigation e ure that 9ould mitigate such effects below significant levels; a Mitigated Nega eeDDeclaration is adopted. B. The Pl�"`ng Commission has considered the Mitigated Negative Declaration, together,Xnments received during the review process. C. O • the bai of the whole record before the Planning Commission, including the I -turfy and any comments received, there is no substantial evidence that the eeP�Permit for Jose Ziranda, Planning Division File No. UP07-0008 would have a sigh' icant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Mitigated Negative Declaration reflects the independent• judgment and analysis of the County, which is the Lead Agency. II. Finds the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 10 of 150 will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approves Use Permit UP07-0008 for Jose Ziranda 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, theZd urpos of -the zone in which the site is located, the Butte County General Plan, th devel , ment policies and standards of the County because: 1. The Commercial Section of the Butte County GenerZe.. La; d Use Element, page LUE— 58, lists dwellings as a secondary 2. The site is zoned C-2 (General Commercial. Se -ion 24-140(c)(1) of the Butte County Code allows Residential Uses riot i c_o junction with a permitted use, and Multi -Family uses,, �with t. e isslu` nce of a use permit. B. The location size design, and operating ch£acteri,stiZs � .f�the proposed use would > g P g p P be compatible with, and would not adversely a ct,ore detrimental to adjacent uses, residents, buildings, structures or natural esources, with consideration given to: 1. Harmony in scale, bulk, c verage, and density: The addition of 1 additions dwelling does not significantly change the scale, bulk, coverage or den "ity'of the park. 2. The availab' - of public facilities, services and utilities No addit'� l public services are needed to accommodate this projec . Lhe pr v cwill be served by, existing public water and sew r�cs. 3. he harm effect, if any, upon desirable neighborhood character: he ddit' n of 1 dwelling is consistent with the residential and c, me r ial character of the neighborhood. The roads in the project ar� are operating at a Level of Service of A. The. increase in vehicle tr, ffic generated by the project would be minor and would not cause significant impacts to vehicle circulation in the area. 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 currently a residential property with 2 dwellings. The addition of a third. dwelling on the 0.23 acre parcel is consistent with residential A -R zone to the north. The property has access to a county -maintained road, and adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 11 of 15 ■ 0 by the project will be less than significant with the included mitigations. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit 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 -relate im ct. The planning -related impacts of this project appear to be Wtiao to general, assuming all conditions are executed. C. Based on the above findings, the proposed location, size, desi, and operating characteristics of the proposed use and the conditions under whir - would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the icivy. D. The project does not require the removal of an. r threatened or protected species. The project will not impact any verna ,,00 J DULY PASSED AND ADOPTED thi 26t\da�� of February, 2009, by the following vote: AYES: , NOES: ABSENT: ABSTAIN: Chair Planning Commission County of Butte, State of California ATTEST: TI ON I , Secretary Plan m Co - ission County .o, State of California ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 12 of 15 ■ 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP07-0008 PERMIT NO. 030-196-004 ASSESSOR'S PARCErNO. Pursuant to the provisions of the Zoning Ordinance of the Count BTffe and the special conditions set forth below: Jose Ziranda is hereby granted ase ermit'for 1 new dwelling (conversion of existing garage) for a total of 3 dwellings, c�orlsist�en�� wt the Development Plan dated February 26, 2009. X v 1. Failure to comply with the conditionscid herein' as the basis for approval of application and issuance of Permit co sti tes c use for the revocation of said permit in " accordance with the procedures - set o h in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provide cfo in a speci9l condition to this Use Permit, all conditions must be completed prior o or oncurrently with the establishment of the granted use. The use granted by s permit est be established within two years of the date of approval. 3. Minor changes ay/be'aproved administratively by the Directors of Development Services, Envirq�mnealth, or Public Works upon receipt of a substantiated written requestt . the ap, clic,heir respective designee. Prior to such approval, verification shallbe made by each Department or Division that the modification is consistent with the application, ees"'paid and environmental determination as conditionally approved. sCge ee . ed to be major or significant in nature shall require a formal application for 4. `I 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 ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 13 of 15 ■ • 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 shal omit or misrepresent any material fact in connection with the application material misrepresentation shall constitute grounds for the Direct , r o1 Services to commence a revocation hearing, and, if proven to exit, sl sufficient grounds to revoke a Permit. 7. Use Perm he Commission may, a own discretion, hearing, revoke t ermit.-Moor add additional co existing conditions of appro n receipt of tten adverse impacts upon st�unding propeTfte&pr the public CONDITIONS OF Planning Division: No Conditions Public Works 1 I Prior to establishing use, btz existing driveway approa-11- Improvement Standards�na d the Prior to establishingl the centerline of Oro way shall be Vb.. 16 street intersectio isdiction over this id(f V g a notice pu ifons l�pproval, or modify rpI itits or other evidence of lxh, safety or welfare. / an encroachment permit and improve all new and ublicly maintained roads as specified in the County ns of the encroachment permit. ed to Butte County in fee simple 45 feet of right-of-way from Blvd. West along the entire property frontage. The right-of- �`the installation of county improvement standard S-5 at all 3. Prior tbZestablisliing use, submit road and drainage improvement plans to the Land Dee I A= D' ision for the installation and construction of street frontage .Lnprove ents on Rosekrans Drive and submit an approved Caltrans encroachment pe tt for construction of street frontage improvements on Oroville Dam Boulevard. Impro'ue parcel frontage on Rosekrans Drive to a '/2+ 12' street section to RS -2C county ro ement standard including, but not limited to curb, gutter and sidewalk. Improve parr el frontage on Oroville Dam Boulevard with widening and a structural section similar to RS -2A county improvement standard or Caltrans approved alternative including, but not limited to curb, gutter and sidewalk. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the Oroville Dam Boulevard frontage of parcel. ■ Butte County Department of Development Services ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ ■ Page 14 of 15 ■ 5. Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building 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./oNk Plan Requirements: Submit drainage plans and calculations to the Works for review and approval. f Timing: The drainage plan shall be submitted and approved prior a pr val of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. Monitoring: The Department of Public Works shall ens e th t tkte required plan is submitted and ensure that the drainage improvements ar c s cted or bonded for construction prior to issuance of a building permit. Thermalito Water and Sewer District (TWSD) 6. Mitigation Measure #2: As a condition of the Use Pe t, a 11 ng able to serve letter for sewage service be provided prior to issuance o a building permit which assures that the necessary sewage treatment capacity for thhe�e - roposed addition of 1 single family home is available. Plan Requirements: ,, ubmit the leo 6 to Development Services for review and approval. Timing: The wil mg able to serve letter shall be submitted and approved prior to approval of the building pe,�'t plans. Monitoring:VV4� nt of Development Services shall ensure that the required letter, is submitted. (No conditions) Co Coun ey N is entire matter or any finding, action or condition of this matter is appealed to the , of Supervisors, the applicant or any other developer/operator other than the a licant 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 ■ ■February 26, 2009 ■ Agenda Report — Ziranda UP07-0008 ■ 0 Page 15 of 15 ■ 0 . 6 II. NOTATION A. 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 a p ication for amendment. I hereby declare under penalty, of perjury I have read Stheo ego'ng conditions, they are in fact the conditions which were imposed uponAt anting o ,this use permit, and that I agree to abide fully by said conditions. Dated: Si V Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits or does it waive any other requirements. Harrel Wilson Butte County Planning Commission Chairman CC: Land Dexelon�ment Division Emmental Health Division County Fire Department/CDF County Assessor's Office ■ Butte County Depref\eve ment Services ■ ■February26, 2009 ■ A nda Repot — da UP07-0008 ■ Oil e16of15■ i 0 PROJECT COORDINATION FORM DATE of IDR: 12/19/07 PLANNER: Carl Durling PROJ. NAME: Ziranda, Jose PROJ. NUMBER: UP07-0008 TYPE: Completeness of Application Evaluation APN: 030-196-004 DEPARTMENT COMMENTS READY FOR HEARING? PLANNING PUBLIC WORKS 6-7�— ENVIRONMENTAL HEALTH �� L"(;-, COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE FAPIanning\ADMINISTRATIOWDR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc 0 0 Page 1 of I Durling, Carl From: Walters, Charlotte Sent: Monday, December 17, 2007 9:52 AM To: Durling, Carl Cc: Walters, Charlotte Subject: UP07-0008 Hi Carl, This project is complete and approved no conditions. Thanks, Charlotte 12/17/2007 0 • 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 ADMINISTRATION " BUILDING * PLANNING December 5, 2, 007 BUTTE COUNTY DEC 12 2007 DEVELOPMENT `C r°fie% LAFCO SERVICES -Carl Durling, Butte County -Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Jose Ziranda, UP07-0008 APN: 030-196-004 DATE OF Inter -Departmental Review: 12/19/2007 IDR RESPONSE REGARDING 12/17/2007 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT 1/3/2008 CONDITIONS/MITIGATION MEASURES DUE BY: 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 12/19/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to allow conversion of a garage into a single- family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: C-2 (General* Commercial), GENERAL PLAN: C If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at 538-7150 or send him an email at cdurling@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. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: Yes Name: 5+est 3,#s Date: 12 GAPROJECTSUrakit Merge DocumentAREQUEST FOR COMMENTS.doc NO O L—A 1- C v of— C e ✓% c c.,, v\.s LAFCO DEC 0� 7 2007 OROVILLE, CA RRI I N IST tCT A Public Agency 410 Grand Avenue Oroville, California 95965 (530) 533-0740 FAX (530) 533-9243 DIRECTORS Brad Taggart Division 1 Gary Allen Division 2 Edgar C. Thompson Division 3 Stanley J. Huston Division 4 Ernest L. Reynolds Division 5 Gary Alt Manager/Secretary John Jeffrey Carter Legal Counsel Established 1922 December 11, 2007 Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 Ph: 530-538-7601 RE: Jose Ziranda, UP07-0008, AP 030-196-004 Mr. Durling, The above dwelling unit was disconnected from TID's sewer system.on May;28, 2006 by Amador Leal Construction. It was found to be an unauthorized sewer and water hook-up. December 21, 2006 there was indication that the dwelling unit may be utilized as a residence. The District performed sewer smoke test. -.ng on this date at the manhole next to the dwelling unit and the testing was inconclusive for a reconnect. Mr. Ziranda intends to have three dwelling units on the lot. For two dwelling units to be served by a single water meter, the minimum size meter will be a 1" meter. Mr. Ziranda has two 3/4" water meters serving the lot, one must be upgraded to a 1" meter to serve the additional dwelling unit. The fee that will be assessed for the meter exchange will be the difference between a3/4" and 1" meter plus the labor and additional parts that will be required to make the exchange. The sewer installation shall be a single and independent sewer lateral from thr, dwelling to the District's facility and will be completed in a good and workmanlike manner. All installation shall be subject to TID Improvement Standards and inspections. All water and sewer fee's will be paid in advance before any services are allowed to be reconnected to the Districts facilities. Sincerely, Gary Alt BUTTE COUNTY DEC 1 12007 DEVEI.,OPMEENT SERVICES Butte County Deprtment 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 December 17, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Jose Ziranda, UP07-0008 Planner: Carl Durling APN: 030-196-004 Location: Use Permit to allow conversion of a garage into a single-family dwelling that will be the third dwelling on this C-2 zoned parcel at 1260 Oro Dam Blvd. in Thermalito. 30 -Day Complete 12/20/2007 Date of IDR 12/19/2007 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, LAFCo, Agricultural Commission, Public Works, Assessor, City of Oroville, Thermalito Irrigation District 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 12/19/2007 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: cdurling@buttecoun , .net Signature: E. Schroth Date: 12/11/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Department: Public Works I T® Tol-va ..�_k ^$NON CT A Public Agency 410 Grand Avenue Oroville, California 95965 (530) 533-0740 FAX (530) 533-9243 DIRECTORS Brad Taggart Division 1 Gary Allen Division 2 Edgar C. Thompson Division 3 Stanley J. Huston Division 4 Ernest L. Reynolds Division 5 Gary Alt Manager/Secretary John Jeffrey Carter Legal Counsel Established 1922 9 December 11, 2007 Arturo Ziranda 1260 Oro Dam Blvd. Oroville, CA 95965 Ph: 530-868-1568 RE: AP 030-196-004, Address 1240/1260 Oro Dam Blvd.. Mr. Ziranda, This Will Serve letter and any obligation of Thermalito Irrigation District hereunder to provide water and/or sewer service to the lot that is the subject hereof shall be expressly conditioned upon the availability of adequate wate- supply and/or sufficient sewer pipeline capacity. Also the Regional Water. Quality Control Board has determined that the sewage treatment plant (SC -OR) has exceeded its wet weather design capacity during recent storm events. SC -OR is undertaking a capacity study at the current time to address the Regional Boa_-d's concerns. Inasmuch as sewer flow conditions are ever changing, future capacity at the SC - OR plant cannot be predicted or guaranteed. From this principle position presented, the District, with approval from SC -OR, is willing and able to prcvide water and sewer service for AP 030-196-004 located at the address of 1240/1260 Oro Dam Blvd., in the Thermalito community, California, on satisfaction of the following conditions: The District shall review, in advance, the lot layout and specifications fo- the sewer installation to the new dwelling unit. The lot layout will be submitted showing dimensions and distances in feet and inches. The second dwelling unit will not share a common sewer line with any other dwelling unit. 2 You intend to have three dwelling units on the lot. For two dwelling units to be served by a single water meter, the minimum size meter will be a 1" meter. The fee that will be assessed for the water meter exchange will be the difference between a 3/4" and 1" meter plus the labor and additional parts that will be required to make the exchange. 3. The sewer installation shall be a single and independent sewer lateral fro, -.n the dwelling to the District's facility and will be completed in a good and workmanlike manner. All installation shall be subject to TID Improvem-.nt Standards and inspections. 4. Thermalito Irrigation District does not have any water or sewer easements on the property. This letter shall 0� ire one year from and after the date hof, at which time it will be null and void and of no further force or effect. Should this Will Serve letter expire and'a renewal is requested, the new Will Serve letter will reflect all new impacts that did arise in the previous year. Connection fees for water and sewer service shall be assessed at the current rate of the District at such time they are requested. You, or your successor in interest, shall pay water connection_ fees in advance prior to connection to TID's water system. Sincerely; Gary Al Gener. Manager a. 231 t o THERMALITO IRRIGATION DISTRICT 410 GRAND AVENUE OROVILLE CA 95965 530-533-0740 JOSE ZIRAN DA 1240-B 'ORO DAM WEST OROVILLE CA 95965 Account #: 1.102,02 Date: 08/16/2006 Service Address: 1240 ORO DAM WEST SHUT OFF NOTICE Your Utility Account is Past Due and services are subject to SHUT OFF. Your immediate payment of this bill will insure continuous services. Unless Payment is made before the shut off date, service will be discontinued. A $20.00 late fee has been added to your account balance. SHOULD SERVICES BE DISCONTINUED Before services shall be.continued, the account must be paid in FULL plus a $65.00 turn on fee The account balance is: $ 110.20 SHUT OFF DATE: 09/01/2006 If for economic reasons you are unable to pay your balance in full, please contact the Accounts ReceivableDepartment before the shut off date. Thermalito Irrigation District Utility Department owT�0 Butte County Department of Development Services 0 o www.buttecounty.net/dds 0 0 0 =`" 0 7 County Center Drive Oroville, CA 95965 OUR til (530) 538-7601 Telephone (530) 538-7785 Facsimile :j BUTTE December 2, 2005 - COUNTY NOV 3.'0 2007 DEVELOPXMT Amador and Brianna Leal Q� SEMCM 76 Farrell Avenue Gilroy, CA 95020 RE: Substandard Housing Violation address: 1260 Oro Dam Blvd. West AP# 030-196-004 Dear Amador and Brianna Leal; This department has received a complaint alleging health and/or safety hazards at the above - referenced property. Butte County Assessor's records indicate that you own or control the property. On November 22, 2005 an inspection was made regarding the complaint and the following conditions were observed which are in violation of the California Health and Safety Code, Section 17920.3 (a) 1, 13; (d); (g) 2; which pose health and safety hazards to the occupants and render, the dwelling substandard. This letter is your thirty (30) day warning letter to correct or abate the following violation. Any .building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is. located, in which there exists any of the following listed' conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: 1. Repair square hole cut in wall in kitchen. g (2) 2. Exposed wiring in hall closet, exposed fuse box and electrical outbox in kitchen. d 3.. Detoriarated front steps and railing need to be replaced or repaired. a (13) 4. Repair leak around toilet. A (1) Amador and Briarma Leal AP# 030-196-004 December 2, 2005 Page 2 The Butte County Department of Development Services, Code Enforcement section has determined by inspection and research that there are currently code violations present on your property at the above -referenced location. Specifically, the violations include: At the time the above -referenced property becomes vacant, it shall not be occupied until all violations are corrected. It is the County's goal to obtain voluntary compliance with the California Health and Safety Code. However, you should be advised that Butte County has an active code enforcement program which provides an effective means of enforcement. A re -inspection will be made to determine compliance. If voluntary compliance with this notice is not accomplished by correction of the above -referenced violations, enforcement may be pursued through the issuance of a citation to appear in the Butte County Municipal Court. Upon conviction and per Section 41-7 of the Butte County Code, violators may be fined and a Notice of Violation may. be recorded which include a description of the action necessary to correct the violation. Furthermore, failure to comply will result in the Franchise Tax Board being notified of your non-compliance. You will then be prevented from claiming state tax deductions for taxes, depreciation, amortization, or interest expenses connected with the property as long as it remains substandard. This notice is given to you pursuant to Section 24436.5 of the California Revenue and Taxation Code. To comply with the California Health and Safety Code, Section 17920.3 (a) 1, 13; (d); (g); you must obtain all required permits for repairs from the Butte County Department of Development Services, Building Division, 7 County Center Drive, Oroville, California. You have thirty (30) days to voluntary comply with the above -referenced directions. Should you have any questions concerning this matter, please contact me at 53877601 Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, Wendy Jones Code Enforcement Officer WJ:ajf cc: Department of Development Services, Code Enforcement r Butte County Department of Development Services www.buttecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile December 2, 2005 Occupant 1260 Oro Dam Blvd West Oroville, CA 95965 RE: Substandard Housing Violation address: 1260 Oro Dam Blvd. West AP# 030-196-004 Dear Occupant; CdJaC) BUTT)(; COUNTY NOV 3 0.2007 . SEMC S T This department has received a complaint alleging health and/or safety hazards at the above - referenced property. Butte County Assessor's records indicate that you own or control the property. On November 22, 2005 an inspection was made regarding the complaint and the following conditions were observed which are in violation of the California Health and Safety Code, Section 17920.3 (a) 1, 13; (d); (g) 2; which pose health and safety hazards to the occupants and render the dwelling substandard. This letter is your thirty (30) day warning letter to correct or abate the following violation. Any building or portion thereof including any dwelling unit, guest room or'suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: 1. Repair square hole cut in wall in kitchen. g (2) 2. Exposed wiring in hall closet, exposed fuse box and electrical outbox in kitchen. d 3. Deteriorated front steps and railing need to be replaced or repaired. a (13) 4. Repair leak around toilet. A (1) Occupant AP# 030-196-004 December 2, 2005 Page 2 The Butte County Department of Development Services, Code` Enforcement section has determined by inspection and research that there are currently code violations present on your property at the above -referenced location. Specifically, the violations include: . At the time the above -referenced property becomes vacant, it shall not be occupied until all violations are corrected. It is the County's goal to obtain voluntary compliance with the California Health and Safety Code. However, you should be advised that Butte County has an active code enforcement Program which provides an effective means of enforcement. A re -inspection will be made to determine compliance. If voluntary compliance with this notice is not . accomplished by correction of the above -referenced violations, enforcement may be pursued through the issuance of a citation to appear in the Butte County Municipal Court. Upon conviction and per Section 41-7 of the Butte County Code, violators may be fined and a Notice of Violation may be recorded"which include a description of the action necessary to correct the violation. Furthermore, failure to comply will result in the Franchise Tax Board being notified of your non-compliance. You will then be prevented from claiming state tax deductions for taxes, depreciation, amortization, or interest expenses connected with the property as long as it remains substandard. This notice is given to you pursuant. to Section 24436.5 of the California Revenue and Taxation Code. To comply with the California Health and Safety Code, Section 17920.3 (a) 1, 13; (d); (g); you must obtain all required permits for repairs from the Butte County Department of Development Services, Building Division, 7 County Center Drive, Oroville, California. You have thirty (30) days to voluntary comply with the above -referenced directions. Should you have any questions concerning this matter, please contact me at 538-7601 Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, 14j5lo-�7 Wendy Jones Code Enforcement Officer WJ:ajf cc: Department of Development Services, Code Enforcement DEPARTMENT OF TP DISTRICT 3 703 B STREET P. O. BOX 911 MARYSVILLE, CA 95901-0911 PHONE (530) 741-4025 FAX (530) 741-4825 TTY (530) 741-4509 February 23, 2009 09BUT0002 162/PM 14.96 Ziranda Use Permit SCH# 2009012062 Mr. Carl Durling Butte County 7 County Center Drive Butte, CA 95965 Dear Mr. Durling, ATION F COU�,TY Ft 2 D s� Lo � �VQS NT Flex your pawer! Be energy efft:ient! Thank you for the opportunity to review and comment on the Initial Study (IS) and Proposed Mitigated Negative Declaration (MND) for the Ziranda Use Permit application, UP07-0008 SCH 2009012062: The applicant proposes to add an additional single family home for a total of three homes on a 0.23 acre parcel. The site is located on the North side of Oro Dam Blvd (SRI 62) between 12th and 14th streets. Caltrans has the following comments in regards to this project. Traffic Operations In order to be consistent with other developments in. this area, a right-of-way dedication to provide a 50 -ft half width would be required along with installation of curb, gutter and sidewalk across the entire frontage. We will be able to provide detailed instructions on this request once our right-of-way department has had an opportunity to review this IS/MND. Encroachment Permit All work proposed and performed within the State right-of-way must be in accordance with Caltrans' standards and require a Caltrans Encroachment Permit prior to commencing construction, surveying or other activities in the right-of-way. For more information on encroachment permits, the requirements, and an application form, please visit our web page at www.dot.ca.gov/doingbusiness and click on "Encroachment Permits" or contact the Caltrans District 3, Office of Permits at (530) 741-4403. "Caltrans improves mobility across California" Mr. Carl Durling February 23, 2009 Page 2 of 2 If you have questions or need additional information, please contact Sarah (Sadie) Smith, Butte County IGR Coordinator, at (530) 741-4004 or e-mail at sarah smith@dot.ca.gov. Sincerely, �� Pow SUKHVIND (SUE) TAKHAR, Chief Office of Transportation Planning — North "Caltrans improves mobility across California" STATE CLEARINGHOUSE/OPR PROCEDURE Make sure that the transmittal form has been signed by the planner. Check the mailing list. It needs to be 6 months old or less. . Have the planner email you the N 1 ani ublic hearing notice, Initial Study and 30 day reviewover letter). Forward these documents to the "30 day review" distribution list in your 'contacts" in .Outlook. A✓• Go to K Drive; Fiscal Admin; Log FPO's. Double click on "Log". Enter your information and get your FPO#. Then go to Publication notice to the Newspaper. Put I white sheets behind the cover page, of the packet. The copies will be double sided and this provides that there will be a ��bla�nkk white sheet behind the cover sheet which is what' r�e uired. You will make lrropies for the clearinghouse, py for the file andc� copy to the applicant, owner, engineer, etc. as applicablec�Y opy for planner desk, 1Ledpy-to Fish and Game, US-Ft95`and Wildlife Service, NerAPIC, and L6"' The (couried). The original transmittal will go with the 15 copies to the clearinghouse. You will hole punch 1 copy and put it in the file and mail the other copies as applicable. Print Fore.::: , Notice of Completion & Environmental Document Transmittal Mail to' State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 I SCH # Tor Haird Delirery/Street Address 1400 Tenth Street, Sacramento, CA 95814 Project Title: Use Permit UP07-0008 Ziranda ❑ Fiscal ❑ Rccreation/Parks Lead Agency: Butte County Contact Person: Carl Durling Mailing Address: 7 County Center Drive Phone: 530.538.7150 Q Water Quality City: Oroville Zip: 95965 County: Butte ❑ Septic Systems ❑ Water Supply/Groundwater ❑ Archeological/1•listorical. - - - - - - - - - - - - - - - - - - - - Project Location: County: Butte - - - - - - - - - - - - - - - - City/Nearest Community: Oroville/Thermalito - - - - - - - - Cross Streets: North side of Oro Dam Blvd. W between 12th and 14th streets Zip Code: 95965 L.at / Long: 39 0 29 ' 53 " N/ 121 o 35 ' 34 " W Total Acres: 0.23 ❑ Coastal Zone Assessor's Parcel No : ^3^ 4 4iil" d 3U -) 9L. - n n tl Section: NA Twit: NA Range: NA Base: NA Within 2 Miles: State H%vy 4: 162 Waterways: Feather River ❑ Population/Housing Balance Airports: Oroville Railways: None Schools: Sierra Ave. qrade Sch - - - - - - - - - - - - - - - - - - - - Document Type: - - - - - - - - - - - - - - - - - - - - - - - - CE -QA: ❑ NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ .Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other ❑✓ Mit Neg Dec Other ❑ FONSI - - - - - - - - - - - - - - - - - - - - Local Action Type: - - - - - - - - - - - - - - - - - - - - - - - - ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development 21 Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc:) ❑ Other - - - - - - - - - - - - - - - - - - - - Development Type: - - - - - - - - - - - - - - - - - - - - - - - - ❑� Residential: Units 3 Acres 0.23 ❑ Water Facilities: Type MGD ❑ Office: Sq.fi. Acres Employees ❑ Transportation: Type ❑ Commercial:Sq.ft. Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq•ft. Acres Employees ❑ Power: Type MW ❑ Educational ❑ Waste Treatment: Type MGD ❑ Recreational ❑ Hazardous Waste: Type ❑ Other: - - - - - - - - - - - - - - Project Issues Discussed in Document: ❑ AestheticNisual ❑ Fiscal ❑ Rccreation/Parks ❑ vegetation ❑ Agricultural Land ❑ Flood Plain/Flooding ❑ Schools/Universities Q Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply/Groundwater ❑ Archeological/1•listorical. ❑ Geologic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑ Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Wildlife ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Growth Inducing ❑ Drainage/Absorption ❑ Population/Housing Balance ❑ 7oxic/I-la7ardous ❑ Land Use ❑ Economic/.lobs ❑✓ Public Services/Facilities ❑ Traffic/Circulation ❑ Cumulative E-fTects ❑ Other Present Land UselZoning/General Plan Designation: 2 Single Family homes / C-21 C commercial -- - - - - - - - - - - - - - - - - - - - - Project Description, (please use a separate page if necessary) Add an additional single family home for a total of 3 homes on a 0.23 acre parcel in the C-2 General Commercial zone Note: The state Clearinghouse will assign identification numbers I'or all new projects If'a SCH number already exists for a January 2008 project (e g Notice of Preparation or previous draft document) please fill in Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S" Air Resources Board Boating & Waterways, Department of California Highway Patrol X Caltrans District # 3 Caltrans Division of Aeronautics Caltrans Planning (Headquarters) Coachella Valley Mountains Conservancy Coastal Commission Colorado River Board Conservation, Department of Corrections, Department of Delta Protection Commission Education, Department of Energy Commission Fish & Game Region # Food & Agriculture, Department of Forestry & Fire Protection General Services, Department of Health Services, Department of Housing & Community Development Integrated Waste Management Board Native American Heritage Commission Office of Emergency Services Local Public Review Period (to be filled in by lead agency) Office of Historic Preservation Office of Public School Construction Parks & Recreation Pesticide Regulation, Department of Public Utilities Commission Reclamation Board Regional WQCB # Resources Agency S.F. Bay Conservation & Development Commission San Gabriel & Lower L. A, Rivers and Mtns Conservancy San Joaquin River Conservancy Santa Monica Mountains Conservancy State Lands Commission SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Other Other Starting Date January 23, 2009 Ending Date February 28, 2009 Lead Agency (Complete if applicable): Consulting Firm: -Applicant: Jose Ziranda Address: Address: 1260 Oroville Dam Blvd W. City/State/Zip: City/State/Zip: Oroville CA 95965 Contact: Phone: 530-846-0530 Phone: 1 enq Signature of Lead Agency Representative: � Date: Authority cited: Section 21083, Public Resources Code Reference: Section 21161. Public Resources Code ma • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR USE PERMIT UP07-0008 (JOSE ZIRANDA) • Project Name: (Ziranda) Use Permit UP07-0008 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION. FOR USE PERMIT UP07-0008 (JOSE ZIRANDA) 1.0 PROJECT INFORMATION A. Applicant/Owner: Jose Ziranda B. Engineer:, Jim Pursell C. Staff Contact: Carl Durling, Associate Planner, (530) 538-7150, cdurling@buttecounty.net D. Proiect Name: None E. Proiect Location: On the north side of Oro Dam Blvd, West, extending north ,through to Rosekrans Dr, and situated 300 feet west of 12"' Street in Thermalito (6,676;584,.58 by 2,307,737.88 CA coordinates). F. Type of Application(s): Use Permit G. Assessor's Parcel Number(s): 030-196-004 H. Proiect Site Size: 0.23 I. Current Zoning: C-2 (General Commercial) J. General Plan Designation: Commercial K. Environmental Setting: The 0.23 acre project site is developed with two dwellings and a large garage/workshop, and is located in a mixed urban and suburban residential neighborhood. Approximately one- half of the property is parking area. The project site fronts on both Oro Dam Blvd. West (SR162) and on Rosekrans (Rosecrans) Drive. Both roads are public. The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to. 3%. Elevation -of the project site is approximately 180 feet above sea level. The project site has three trees, and shrubs along the property lines. The. east side of the property is bounded by a used car lot that extends to 12'' Street. Properties to the west and north along Rosekrans Drive are single family residential. Properties south across Oro Dam Blvd. West are also primarily residential in nature. The project site is served by public water through the Thermalito Water and Sewer District (TWSD) ar_d sanitary sewage services through the TWSD and Sewage'Commission Oroville Region (SC -OR). A fire hydrant is located on the north side of Oro Dam Blvd. West approximately five hundred feet west of the projet site. The property is zoned C-2 (General Commercial) and has a General Plan designation of Commercial. The si. e is located in a primarily urban/suburban residential setting, with nearby parcels ranging in size from 0.11 to 6.3 acres. Curb, gutter, and sidewalks are not installed along Oro Dam Blvd. West. The project site is not' listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near..any listed sites or sites known or suspected to contain hazardous materials. The site is located within the City of Oroville's Sphere of Influence, the Oroville Urban Area and the Thermalito Water and Sewer District. The site is located approximately 1.3 miles northeast from the nearest runway at the Oroville Municipal Airport. The project site is located within Airport Land Use Land Compatibility Zone C (Traffic Pattern). The project was reviewed and found to be consistent with this zone. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 1 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. L. Surrounding Land Uses: The subject property is bounded on the east by a used car lot that extends to 12'h Street, a residence on the west, and residential single family homes on the north along Rosekrans Drive. The properties south across Oro Dam Blvd. West are developed as residential but zoned C-2 and R-3. The site is located within the City of Oroville's Sphere of Influence and Urban Area designation. The adjoining General Plan Designation and Existing Land Uses are as follows: Direction General Plan Designation Zonin Existing Land Use(s) North Medium Density Residential A -R Residential Single Family South Commercial R-3 & C-2 Oro Dam Blvd, & Residential East Commercial C-2 Commercial used car lot West Commercial C-2 Residential Single Family M. Proiect Description: This is an application for a Use Permit to convert a garage into a single family dwelling. The conversion will represent the third dwelling on the property. The C-2 zone allows multiple dwellings upon approval of a Use Permit. Sewage disposal and domestic water services would be provided by the Thermalito Water and Sewer District (TWSD). Accesses and parking to the two existing dwellings are currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will also provide parking off of Rosekrans Drive. The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. Public Agency Approvals: Thermalito Water and Sewer District (TWSD), Butte County Public Works Department, Butte County Fire Department/CDF. 2.0 DETERMINATION [ ] 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 by: Carl D ling, Associate Planner Date ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 2 of 27 ■ • • Project Name: (Ziranda) Use Permit UP07-0008 i Off, Reviewe Sta a Jol fe, Principal Planner Date 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 reduced to a "less than significant" level (CEQA Guidelines 15382). . [ J 4.1 Aesthetics [ ] 4.2 Agriculture Resources , [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 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 [X] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 3 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: • Impact Discussion: There are no scenic resources, historic buildings, or scenic highways within the immediate vicinity of the site. The project will have no impact on any scenic vista. There are no designated State or County scenic highways in Butte County and one eligible scenic highway (Butte County Scenic Highway Map). The eligible highway is Highway 70, east from the Highway 191 split to the eastern County border with Plumas County. This eligible segment of Highway 70 is not visible from the project site. The project will have no impact on any State or County scenic highway. The general visual character in the vicinity of the proposed project is that of urban and suburban view sheds. The existing source of light on the parcel is residential street pole lighting. Light sources in the project vicinity include outdoor and indoor lighting from the adjacent residential uses. The visual character of the project site would be not be substantially and permanently altered because the project is the conversion of an existing building. The addition of one single family dwelling will not substantially change the residential character of the area. The project will not increase additional light sources (i.e., new street lights, interior and exterior building lighting and vehicle headlights) that would have a measurable addition to nighttime lighting to the project site and vicinity. There is no impact associated with lighting. Construction of a typical residential dwellings and accessory structures causes short-term visual impacts. However, typical residential construction will not take place because the proposed dwelling is the conversion of an existing building by modifying the interior only. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from oft -site. The completion of the project interior improvements eliminate the short-term visual impacts of the grading and construction operations. Mitigation Measure No. None Required: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 4 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact 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 buildings X within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Impact Discussion: There are no scenic resources, historic buildings, or scenic highways within the immediate vicinity of the site. The project will have no impact on any scenic vista. There are no designated State or County scenic highways in Butte County and one eligible scenic highway (Butte County Scenic Highway Map). The eligible highway is Highway 70, east from the Highway 191 split to the eastern County border with Plumas County. This eligible segment of Highway 70 is not visible from the project site. The project will have no impact on any State or County scenic highway. The general visual character in the vicinity of the proposed project is that of urban and suburban view sheds. The existing source of light on the parcel is residential street pole lighting. Light sources in the project vicinity include outdoor and indoor lighting from the adjacent residential uses. The visual character of the project site would be not be substantially and permanently altered because the project is the conversion of an existing building. The addition of one single family dwelling will not substantially change the residential character of the area. The project will not increase additional light sources (i.e., new street lights, interior and exterior building lighting and vehicle headlights) that would have a measurable addition to nighttime lighting to the project site and vicinity. There is no impact associated with lighting. Construction of a typical residential dwellings and accessory structures causes short-term visual impacts. However, typical residential construction will not take place because the proposed dwelling is the conversion of an existing building by modifying the interior only. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from oft -site. The completion of the project interior improvements eliminate the short-term visual impacts of the grading and construction operations. Mitigation Measure No. None Required: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 4 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 4.2 AGRICULTURE RESOURCES: 0 Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Urban and Built -Up Land". This designation .s described as: Land that is occupied by structures with a building density of at least I unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area s designated for urban growth and development with sewer and water. 4.3 AIR QUALITY: Would the proposal: Potentially Less Than Less Than I No Eeviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Eocument a. Conflict with or obstruct implementation of the applicable Incorporated X a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the X maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a X X Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Urban and Built -Up Land". This designation .s described as: Land that is occupied by structures with a building density of at least I unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area s designated for urban growth and development with sewer and water. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact 3eviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable X air qualityplan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality 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 air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 5 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 Impact Discussion: The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. Two types of inversion occur in the NSVAB: 1) during the summer sinking air forms a lid over the region contributing to photochemical smog and 2) air cools next to the ground while air aloft remains warm causing poor dispersion of ground level pollutant emissions. The air quality of a region is determined by the air pollutant emissions (quantities and type of pollutants measured by weight) and by ambient air quality (the concentration of pollutants within a specified volume of air). Air pollutants are characterized as primary and secondary pollutants. Primary pollutants are those emitted directly into the air, for example carbon monoxide (CO), and can be traced to a single pollutant source. Secondary pollutants are those pollutants that form through chemical reactions in the atmosphere, for example reactive organic gasses (ROG) and nitrogen oxides (NOX) combine to form ozone. The NSVAB is subject to federal, state, and local regulations. The NVASB is designated nonattainment for PM,o, (particulate matter less than 10 microns in diameter), ozone (ROG and NOx), and CO by the federal Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). The CARB prepares and submits to the EPA a State Implementation Plan explaining how the state will attain compliance with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Plan in 2004 as its component of the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called for the preparation and implementation of Indirect Source Review Guidelines (Guidelines). The local Butte County Air Quality Management District (BCAQMD) issued the Guidelines in 1997. The intent of the Guidelines is to "facilitate incorporation of amenities early in the planning process, rather than later during the formal environmental review process when it may be too late or too expensive to incorporate the District's [BCAQMD] recommended mitigation measures." This project was evaluated using the BCQAMD Guidelines. The proposed project will have a less than significant impact because all construction activities will be within the existing building. Air pollutant emissions associated with development of the proposed project would consist primarily of motor vehicle exhaust, dust and other emissions due to construction activities, and emissions from lawn mowers, barbeques, and fireplaces. According to the Guidelines, construction of 1 single-family home generates Level "A" thresholds of emissions, which do not require incorporation of Best Available Mitigation Measures and Supplemental Mitigation Measures. 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 could 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. Because of its temporary duration, and the construction activities will be interior to the buliding, health risks from construction emissions of diesel particulate would be less -than -significant impact. With construction confined to the interior of the building, construction dust would not affect local air quality during construction of the proposed project. The effects of construction activities would not increase dustfall and locally elevated levels of particulates downwind of construction activity because construction activities will be within the interior of the building. 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. Fugitive dust is not anticipated because construction activities will be confined to the interior of the building. During project construction, various diesel -powered vehicles and equipment in use on the site would create odors. These odors are not likely to be noticeable beyond the project boundaries, however. The proposed residential uses are not likely to create objectionable odors. Mitigation Measure No: None Required ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 6 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 4.4 BIOLOGICAL RESOURCES: 0 Would the proposal: Potentially. Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact rrevious 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 species in local or X 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, regulations or by the California X 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, vernal pool, coastal, X 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 X established native resident or migratory 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 preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, X or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X 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 or X migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site is within a low-density urban and suburban residential area of privately -owned land in the valley area.of Thermalito. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 7 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 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 Rarefmd 2, Government Version, Jun -02-2007) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species or habitats on the project site, or in the vicinity of the project. The project property has been previously disturbed by three dwellings, gravel parking area and lawn. 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. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). Mitigation Measure: None Required 4.5 CULTURAL RESOURCES: 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. The project site was reviewed by the Northeast Center of the California Historical Resources Information System. According to their records, no prehistoric or historic resources sites have been recorded in the project area. One historic site has been recorded in the project vicinity. Butte County Archaeological Sensitivity Map lists the area as moderate for archaeological resources. However, the project property has been previously disturbed by three dwellings, gravel parking area and lawn. Based on the fact that construction activities will be on the interior of the building, staff is not requiring a cultural resources survey. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 8 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of X a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an X archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? 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. The project site was reviewed by the Northeast Center of the California Historical Resources Information System. According to their records, no prehistoric or historic resources sites have been recorded in the project area. One historic site has been recorded in the project vicinity. Butte County Archaeological Sensitivity Map lists the area as moderate for archaeological resources. However, the project property has been previously disturbed by three dwellings, gravel parking area and lawn. Based on the fact that construction activities will be on the interior of the building, staff is not requiring a cultural resources survey. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 8 of 27 ■ C] Project Name: (Ziranda) Use Permit UP07-0008 Mitigation Measure No.: None Required 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 X Zoning Map issued by the 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 liquefaction? X 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, and X 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 substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system X 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 in an after shodc epicenter region. No impacts are anticipated due to seismic activity in the project area because all new structures placed on the site are required to meet seismic standards of the Uniform Building Code. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. However, strong seismic ground shaking is closely related to the proximity of active fault lines. Although there is insufficient data to predict these forces, the closest mapped Fault -Rupture Zone is the Cleveland Hills fault zone, which is located approximately 716 miles to the east of the project site. The Cleveland Hills fault line is the only fault line in Butte County that _s recognized under the Alquist-Priolo Special Study Zones Act to pose a threat from fault rupture. Seismic risk is not limited to faults which have been currently identified. Some earthquakes originate from unknown sources sometimes characterized as "background seismicity" or "floating earthquakes." The Butte County Master Environmental Assessment indicates that it is reasonable to assume that background seismicity couA produce earthquakes as large as Richter magnitude (modified Mercalli intensity scale) 6.5 virtually anywhere �n Butte County. There is no current evidence that an earthquake larger than magnitude 6.5 will occur at this location. Earthquakes at this magnitude are generally felt by all persons, but damage is generally slight to minor, with fallEn chimneys and cracked plaster the most prominent damage. Richter magnitude 6.5 is not subjectively characterized ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 9 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 on the intensity scale, but a magnitude 7 is generally characterized by negligible damage, especially in buildings of good design and construction. Considerable damage can occur in poorly built or badly designed structures. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. No significant impact is anticipated. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a low to no potential for landslides in this area. No significant impact is anticipated. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that the project site has a moderate potential for soil erosion. Disruption of soils on the site is not expected to create significant soil erosion due to the relatively flat site. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. The Conservation Element's Expansive Soils Map indicates that the project site has a high expansive soil potential. Building requirements will reduce any impacts to less than significant. Project construction activities could be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation could be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. All dischargers are required to prepare and implement a SWPPP prior to disturbing a site. The SWPPP must be implemented at the appropriate level (disturbance of more than one acre) to protect water quality at all times throughout the life of the project. Non -storm water best management practices (BMPs) must be implemented year round. The SWPPP shall remain on the site while the site is under construction, commencing with the initial mobilization and ending with the termination of coverage under the permit. The SWPPP has two major objectives: (1) to help identify the sources of sediment and other pollutants that affect the quality of storm water discharges and (2) to describe and ensure the implementation of BMPs to reduce or eliminate sediment and other pollutants in storm water as well as non -storm water discharges. The SWPPP shall include BMPs which address source control and, if necessary, shall also include BMPs which address pollutant control. Required elements of a SWPPP include: (1) site description addressing the elements and characteristics specific to the site, (2) descriptions of BMPs for erosion and sediment controls, (3) BMPs for construction waste handling and disposal, (4) implementation of approved local plans, (5) proposed post -construction controls, including description of local post -construction erosion and sediment control requirements, and (6) non -storm water management. Construction activities will be confined to the interior of the building. No on-site grading is proposed as part of the construction activities. The entire parcel is less than one acre, and not part of a larger project. Mitigation Measure No: None Required 4.7 HAZARDS AND HAZARDOUS MATERIALS: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 10 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: 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 disposal X of hazardous materials? ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 10 of 27 ■ 11 Project Name: (Ziranda) Use Permit UP07-0008 0 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X 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 X Section 65962.5 and, as a result, 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 project X result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? Impact Discussion: Construction activities associated with the development of the interior of the proposed building would involve tre use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmissicn 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. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. 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 sLe that have used, stored, disposed of, or released hazardous materials. The project would not create any hazardous materials. Implementation of the proposed project would result in the development of 1 additional primary home dwelling, for a total of three homes on the property. 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 residential maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, •)r 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 transpo-t, use, or disposal of hazardous materials. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda LTP07-0008 ■ Page 11 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 The project site is located approximately 1.30 miles to the east of the extended centerline of runway 1/19. Exhibit 5I (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is within Airport Compatibility Zone C, which is defried as "Traffic Pattern." The C Compatibility Zone places limits on the types or density of land uses. The allowable average parcels are either 5 acres or larger, or 0.25 acres or smaller. The project is proposing three dwellings (two existing) on 0.23 acres for the which is consistent with the C Compatibility Zone. Single-family residences are a consistent use within the C Compatibility Zone. The project was reviewed by the Butte County Airport Land Use Commission (ALUC) on January 13, 2009, and found consistent with the plan. The project would not interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur. The project site is located within the Local Responsibility Area (LRA) for fire protection. The project site is not located in an area where wildfire occurs due to the lack of large amounts of vegetation. A Fire in is located with 1,000 feet of the project site, at the corner of 10 Street and Oro Dam Blvd. W., and a second on the north side of Oroville Dam Blvd. West 500 feet west of the project site. The nearest staffed fire station is Station # 63 (Oroville, full time, CDF staffed), which is located approximately 2.9 miles to the northeast of the site (on Nelson Avenue at County Center Drive). The proposed development is required to install fire hydrants, the location of which will be determined by the Butte County Fire Department. Development of the project site with dwellings would not expose people or structures to wildland fires. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 12 of 27 ■ 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 requirements? X 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 rate of X 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 of a X 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 amount X 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? f. Otherwise substantially degrade waterquality? X ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 12 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 • Impact Discussion: All wastewater generated by the future dwellings on the site would be handled through a public sewer system (Thermalito Water and Sewer District (TWSD)) and wastewater treatment facility Sewage Commission Orovilie Region (SC -OR)). The Butte County Environmental Health Division requires that the applicant obtain a "W11 Serve" letters from TWSD and SC -OR showing that this agency is willing and able to provide sewer service. Domestic water supply for future dwellings on the project site is proposed to be obtained from TWSD. No significant impacts to groundwater supplies are expected to occur. The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letter from TWSD showing that this agency is willing and able to supply the required amounts of domestic water to the project site. During the conversion of the garage to a dwelling, grading operations and other soil disturbance activities would not result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoY because construction is confined to the interior of the building. However, the project site has never been evaluated regarding stormwater runoff and erosion. The project property may be in violation of water quality standards and waste discharge requirements. Because the project is the modification of the interior of the garage, onsite grading _s not expected as part of the project.. In cases where more than one acre of soil is disturbed, a Stormwater Pollutiah Prevention Plan (SWPPP) in compliance with the State National Pollutant Discharge Elimination System (NPDEI) General Construction Permit requirements regarding construction activities, including erosion control, would he required. In this case, a SWPPP would not be required because the property is less than one acre, nor is it part of a larger project. An increase in stormwater runoff is not expected due to reduced absorption rate created from new impervious surfaces on the site, such as roads, sidewalks, structures, driveways, and hardscape (walkways, patios) because tLe proposed construction is confined to the interior of the existing garage. However, drainage facilities in tLe Thermalito area are marginal and stormwater runoff from the site has the potential to significantly impact tLe existing drainage facilities. The project site is within the Ruddy Creek Basin of the Thermalito Drainage Area (Thermalito Master Drainage Plan Map). Development in the Thermalito Drainage Area may be subject to the collection of drainage fees pursuant to Chapter 3, Article XI (Sections 3-100 through 3-103) and Chapter 20, Artic_e IX (Section 20-210) of the Butte County Code. The fees are used to help resolve drainage problems in tLe Thermalito area. Cumulatively considerable means that the incremental effects of an individual project are significant when viewed _n connection with the effects of past projects, the effects of other current projects, and the effects of probable futu-e projects (PRC 15064 (h)). The project property contribution to significant, cumulative drainage impacts has neva been evaluated. However, the potential impact of the existing property will be rendered less than cumulative _y considerable through a mitigation measure for the project to reduce peak flows to pre -construction levels. The project site is not within a 100 -year flood zone (Federal Emergency Management Agency's Flood Insurance Rate Map 06007C -0790C, dated June 8, 1998). Therefore, no people or structures on the site would be subject :o significant risk of flooding. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 13 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: All wastewater generated by the future dwellings on the site would be handled through a public sewer system (Thermalito Water and Sewer District (TWSD)) and wastewater treatment facility Sewage Commission Orovilie Region (SC -OR)). The Butte County Environmental Health Division requires that the applicant obtain a "W11 Serve" letters from TWSD and SC -OR showing that this agency is willing and able to provide sewer service. Domestic water supply for future dwellings on the project site is proposed to be obtained from TWSD. No significant impacts to groundwater supplies are expected to occur. The Butte County Environmental Health Division requires that the applicant obtain a "Will Serve" letter from TWSD showing that this agency is willing and able to supply the required amounts of domestic water to the project site. During the conversion of the garage to a dwelling, grading operations and other soil disturbance activities would not result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoY because construction is confined to the interior of the building. However, the project site has never been evaluated regarding stormwater runoff and erosion. The project property may be in violation of water quality standards and waste discharge requirements. Because the project is the modification of the interior of the garage, onsite grading _s not expected as part of the project.. In cases where more than one acre of soil is disturbed, a Stormwater Pollutiah Prevention Plan (SWPPP) in compliance with the State National Pollutant Discharge Elimination System (NPDEI) General Construction Permit requirements regarding construction activities, including erosion control, would he required. In this case, a SWPPP would not be required because the property is less than one acre, nor is it part of a larger project. An increase in stormwater runoff is not expected due to reduced absorption rate created from new impervious surfaces on the site, such as roads, sidewalks, structures, driveways, and hardscape (walkways, patios) because tLe proposed construction is confined to the interior of the existing garage. However, drainage facilities in tLe Thermalito area are marginal and stormwater runoff from the site has the potential to significantly impact tLe existing drainage facilities. The project site is within the Ruddy Creek Basin of the Thermalito Drainage Area (Thermalito Master Drainage Plan Map). Development in the Thermalito Drainage Area may be subject to the collection of drainage fees pursuant to Chapter 3, Article XI (Sections 3-100 through 3-103) and Chapter 20, Artic_e IX (Section 20-210) of the Butte County Code. The fees are used to help resolve drainage problems in tLe Thermalito area. Cumulatively considerable means that the incremental effects of an individual project are significant when viewed _n connection with the effects of past projects, the effects of other current projects, and the effects of probable futu-e projects (PRC 15064 (h)). The project property contribution to significant, cumulative drainage impacts has neva been evaluated. However, the potential impact of the existing property will be rendered less than cumulative _y considerable through a mitigation measure for the project to reduce peak flows to pre -construction levels. The project site is not within a 100 -year flood zone (Federal Emergency Management Agency's Flood Insurance Rate Map 06007C -0790C, dated June 8, 1998). Therefore, no people or structures on the site would be subject :o significant risk of flooding. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 13 of 27 ■ 0 i Project Name: (Ziranda) Use Permit UP07-0008 The property is not located in an area prone to seiche or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building 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. 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 approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. 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, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural community conservationplan? Impact Discussion: The subject parcel is zoned C-2 (General Commercial) with a C (Commercial) General Plan Designation, and extends from Oro Dam Blvd. W. through to Rosekrans Drive. The project consists of converting an existing garage into a single family dwelling. The 0.23 -acre parcel is developed with two existing dwellings. The proposed use of three dwellings on the subject parcel is consistent with the General Plan, and Zoning, upon approval of a Use Permit. Access and parking to the two existing dwellings is currently off of Oro Dam Blvd. West via a 35 foot wide driveway. The proposed site development plan will also provide parking off of Rosekrans Drive. The proposed dwelling will consist of two bedrooms, kitchen, living room and bathroom. The dwelling will contain 660 square feet of living area. The subject property is bounded on the east by a used car lot that extends to 12th Street, a residence on the west, and residential single family homes on the north along Rosekrans Drive. The properties south across Oro Dam Blvd. West are developed as residential but zoned C-2 and R-3. The project is located within the City of Oroville's Sphere of Influence and is within the Oroville Urban Area. A request for comments concerning this project was sent to the City of Oroville. No comments were received. This proposal would not physically divide an established community due to its conformity with zoning and surrounding land use. ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 14 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Communit- Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the proposed proj ect. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required. 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 D xument 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? X b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land use lan? X 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 or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X 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, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, X would the project expose people residing or working in ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 15 of 27 ■ Is Project Name: (Ziranda) Use Permit UP07-0008 Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. 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. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a suburban/rural residential area with generally low noise levels and is not subject to any significant continuous noise. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of the project site. The predominant noise source is Oro Dam Blvd. W traffic. However, the proposed home is situated over 70 feet from the road right-of-way. Interior noise levels are not expected to be cumulative considerable. Existing noises not associated with residential uses in the area include occasional aircraft arriving and departing the nearby Oroville Municipal Airport. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by residential uses and vehicle traffic similar to that anticipated from this project. Construction noise will be very limited since the construction takes place within the existing structure. The ensuing building construction and equipment installation phases would be quieter and on completion of the project, the area's sound levels would revert essentially to the traffic levels. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given that construction will be interior to the existing garage, sound levels are expected to be substantially less than the 70 dB CNEL level. Therefore, a less -than -significant impact would occur. The project site is not located within the vicinity of heavy manufacturing uses, mines, railroad tracks, or other existing uses that could generate ground -borne vibration or ground -borne noise that would significantly affect proposed on-site uses. The proposed project would not include the development of land uses that would generate substantial ground - borne vibration or noise or use construction activities that would have such effects because no mid -or high-rise buildings or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. Therefore, a less -than -significant impact would occur. The project site is located approximately 1.30 miles northeast from the nearest runway at the Oroville Municipal Airport. Exhibit 5I (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is within Airport Compatibility Zone C, which is defined as "Other Airport Environs." The project site is outside of the 55 dB CNEL noise contour (Exhibit 5E, Butte County Airport Land Use Compatibility Plan). Aircraft fly over or near the project site when landing or taking off from the Oroville ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 16 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. 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. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a suburban/rural residential area with generally low noise levels and is not subject to any significant continuous noise. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of the project site. The predominant noise source is Oro Dam Blvd. W traffic. However, the proposed home is situated over 70 feet from the road right-of-way. Interior noise levels are not expected to be cumulative considerable. Existing noises not associated with residential uses in the area include occasional aircraft arriving and departing the nearby Oroville Municipal Airport. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by residential uses and vehicle traffic similar to that anticipated from this project. Construction noise will be very limited since the construction takes place within the existing structure. The ensuing building construction and equipment installation phases would be quieter and on completion of the project, the area's sound levels would revert essentially to the traffic levels. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given that construction will be interior to the existing garage, sound levels are expected to be substantially less than the 70 dB CNEL level. Therefore, a less -than -significant impact would occur. The project site is not located within the vicinity of heavy manufacturing uses, mines, railroad tracks, or other existing uses that could generate ground -borne vibration or ground -borne noise that would significantly affect proposed on-site uses. The proposed project would not include the development of land uses that would generate substantial ground - borne vibration or noise or use construction activities that would have such effects because no mid -or high-rise buildings or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. Therefore, a less -than -significant impact would occur. The project site is located approximately 1.30 miles northeast from the nearest runway at the Oroville Municipal Airport. Exhibit 5I (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is within Airport Compatibility Zone C, which is defined as "Other Airport Environs." The project site is outside of the 55 dB CNEL noise contour (Exhibit 5E, Butte County Airport Land Use Compatibility Plan). Aircraft fly over or near the project site when landing or taking off from the Oroville ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 16 of 27 ■ Project Name: (Ziranda) Use Permit UP07-0008 Airport. However, no significant noise impacts associated with aircraft landing or departing the Oroville Municipal Airport are expected to occur to the residents of the project site because the project site is outside of the 55 dB nois: contour. The project site is not located near any private airstrip. Mitigation Measure No. None Required 4.12 HOUSING: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Would the proposal: Impact with Impact Impact Previous Impact Mitigation Impact Document Incorporated Document a. Induce substantial population growth in an area, either Incorporated directly (for example, by proposing new homes and X businesses) or indirectly (for example, through 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 X construction of replacement housing elsewhere? Impact Discussion: Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is supported by the fact that population increase has been steady for the last ten years, with an annuO average increase of 1,770 people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county. The proposed Use Permit would create 1 residential dwelling, and has the potential to add an estimated 2.4 people b Butte County (1 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County-. This is not considered a significant amount and is consistent with the, estimated 1.1% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area. Sewer and water lines already extend to the project site and no new off-site roads would need to be constructed cr extended. Therefore, the project would not cause a substantial population growth in the area through the extension cf roads or other infrastructure. The project would not displace individuals or housing because the project is the conversion of an existing garage:. No impact would occur. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: ■ Butte County Department of Development Services ■ ■ Initial Study - Jose Ziranda UP07-0008 ■ Page 17 of 27 ■ Potentially Less Than Less Than No 2eviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study - Jose Ziranda UP07-0008 ■ Page 17 of 27 ■ Ll Project Name: (Ziranda) Use Permit UP07-0008 Impact Discussion: The project site is located in an area designated as an unclassified fire hazard area, indicating the site is either in an urban area or an irrigated area (Butte County GIS Fire Hazards shapefile theme). The project site is within an urban area, where pressurized water is available. The project site is within the Local Responsibility Area (LRA). A Fire hydrant is located within 1,000 feet of the project, on the comer of 14`s Street and Oro Dam Blvd W., and a second one west of the project site on the north side Oroville Dam Blvd. West within 500 feet. The Butte County Fire Department/California Department of Forestry requires a pressurized community water system for fire prevention. The project would result in added need for County services, such as law enforcement, fire protection, general services, libraries, and roads. The Butte County Board of Supervisors recently approved the collection of development impact fees for new dwellings units. The fee varies depending on whether the dwelling is a conventionally -constructed house or is a mobile or manufactured home. Additionally, County Code requires the payment of a Sheriff Jail Facilities impact fee at the time of issuance of a building permit for a dwelling unit. The payment of these fees would help offset the cost of providing County services to the project site. These fees are required at time of building permit issuance. A less than significant impact to services is anticipated. The project is anticipated to increase use of area parks and facilities. The impact is offset by a development fee for park/recreational facilities and is paid prior to issuance of building permits. The fee will be determined and calculated as of the date of application for the building permits. The project site is located in the Thermalito Union School District (K-8) and the Oroville Union High School District (9-12). Sierra Avenue Elementary School is located approximately 0.71 miles to the northeast of the project site (at 1050 Sierra Avenue). Nelson Avenue Middle School is located approximately 2.5 miles to the northeast. Oroville High School is located approximately 3.5 miles to the east. The incremental demand for school facilities in the area is not measurable because only one dwelling is proposed. 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 new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in 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 project site is located in an area designated as an unclassified fire hazard area, indicating the site is either in an urban area or an irrigated area (Butte County GIS Fire Hazards shapefile theme). The project site is within an urban area, where pressurized water is available. The project site is within the Local Responsibility Area (LRA). A Fire hydrant is located within 1,000 feet of the project, on the comer of 14`s Street and Oro Dam Blvd W., and a second one west of the project site on the north side Oroville Dam Blvd. West within 500 feet. The Butte County Fire Department/California Department of Forestry requires a pressurized community water system for fire prevention. The project would result in added need for County services, such as law enforcement, fire protection, general services, libraries, and roads. The Butte County Board of Supervisors recently approved the collection of development impact fees for new dwellings units. The fee varies depending on whether the dwelling is a conventionally -constructed house or is a mobile or manufactured home. Additionally, County Code requires the payment of a Sheriff Jail Facilities impact fee at the time of issuance of a building permit for a dwelling unit. The payment of these fees would help offset the cost of providing County services to the project site. These fees are required at time of building permit issuance. A less than significant impact to services is anticipated. The project is anticipated to increase use of area parks and facilities. The impact is offset by a development fee for park/recreational facilities and is paid prior to issuance of building permits. The fee will be determined and calculated as of the date of application for the building permits. The project site is located in the Thermalito Union School District (K-8) and the Oroville Union High School District (9-12). Sierra Avenue Elementary School is located approximately 0.71 miles to the northeast of the project site (at 1050 Sierra Avenue). Nelson Avenue Middle School is located approximately 2.5 miles to the northeast. Oroville High School is located approximately 3.5 miles to the east. The incremental demand for school facilities in the area is not measurable because only one dwelling is proposed. Mitigation Measure: None required. 4.14 RECREATION: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 18 of 27 ■ 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 — Jose Ziranda UP07-0008 ■ Page 18 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact :Previous Mitigation Document a. Cause an increase in traffic which is substantial in relation Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X X adverse physical effect on the environment? Impact Discussion: There is no community or neighborhood parks in the project area and no park sites in the Thermalito area atle identified on any adopted plan. Existing public recreational facilities in the project area include the Nelson Spors Complex (on 601 Avenue north of Nelson Avenue), Thermalito Forebay Recreation Area South, Thermalito Forebay Recreation Area North, Thermalito Afterbay Recreation Area, and the Oroville Wildlife Area. Additional publ:.c recreational facilities, such as Bedrock Park, Riverliend Park, and the Lake Oroville State Recreation Area, are found on the east side of the Feather River. The project site is located within the Feather River Park and Recreation District (FRPRD). FRPRD collects fees for new development to offset the demands on area parks. The project's contribution of one (1) new residential dwelling would cause a minor increase in the usage of parks and other recreational facilities in the Oroville area. The collection of fees would offset the increase in usage of parks and other recreational facilities in the FRPRD caused by the project. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact I 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 either the number of X 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 location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in safety issues for pedestrian and/or vehicle X safety? C Result in inadequate emergency access? X ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 19 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 • Impact Discussion: The quality of traffic flow is defined by level of service (LOS). Levels of services are qualitative descriptions of traffic operating conditions. These levels of services are designated with letters ranging from LOS A, which is indicative of good operating conditions with little or no delay, to LOS F, which is indicative of stop -and -go conditions with frequent and lengthy delay. Staff reviewed traffic studies prepared by both the Butte County Department of Public Works and the Butte County Association of Governments (BCAG). In December 2006, Butte County Department of Public Works performed a traffic count for 12`s Street, just east of the project site. Their traffic count determined an average daily trip count of 1,289 at the intersection of 12`s Street and Oro Dam Blvd. W. Based on the Butte County General Plan, a determination of service is by the type of roadway. The addition of one dwelling is not measurable, therefore the impact is not cumulative significant. Access to the parcel will be by Rosekrans Drive and Oro Dam Blvd. W. With two points of access there is no need for additional access for emergency purposes. A Half -street section on the frontage of Rosekrans Drive of the project site is required to be improved to County Road Standard RS -2C, which requires curb, gutter, and sidewalk. No other frontage along Rosekrans Drive is improved. In addition, the Oro Dam Blvd. W. frontage is required to be improved to RS -2A standards which also requires curb, gutter and sidewalks. The only curb, gutter and sidewalk improvements on Oro Dam Blvd. W. are on the north side of the road beginning about 250 feet west of the property and extending 650 feet to the intersection with 14`h Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18`s Street a distance of 1.2 miles. The applicant is requesting an exception to these improvements. The project site would be developed with an additional single family home, which typically would not exceed 25 feet in height. Therefore, no structures on the site would extend into protected airspace. The project is consistent with the policies of the 2000 Butte County Airport Land Use Plan and would not cause any significant impacts to air traffic. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed project provides two parking spaces for each dwelling; therefore the project would have no impact resulting from insufficient parking capacity. This Use Permit addition of 1 dwelling would not conflict with accepted policies, plans or programs supporting alternative transportation. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 20 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g. Result in inadequate parking capacity? X h. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The quality of traffic flow is defined by level of service (LOS). Levels of services are qualitative descriptions of traffic operating conditions. These levels of services are designated with letters ranging from LOS A, which is indicative of good operating conditions with little or no delay, to LOS F, which is indicative of stop -and -go conditions with frequent and lengthy delay. Staff reviewed traffic studies prepared by both the Butte County Department of Public Works and the Butte County Association of Governments (BCAG). In December 2006, Butte County Department of Public Works performed a traffic count for 12`s Street, just east of the project site. Their traffic count determined an average daily trip count of 1,289 at the intersection of 12`s Street and Oro Dam Blvd. W. Based on the Butte County General Plan, a determination of service is by the type of roadway. The addition of one dwelling is not measurable, therefore the impact is not cumulative significant. Access to the parcel will be by Rosekrans Drive and Oro Dam Blvd. W. With two points of access there is no need for additional access for emergency purposes. A Half -street section on the frontage of Rosekrans Drive of the project site is required to be improved to County Road Standard RS -2C, which requires curb, gutter, and sidewalk. No other frontage along Rosekrans Drive is improved. In addition, the Oro Dam Blvd. W. frontage is required to be improved to RS -2A standards which also requires curb, gutter and sidewalks. The only curb, gutter and sidewalk improvements on Oro Dam Blvd. W. are on the north side of the road beginning about 250 feet west of the property and extending 650 feet to the intersection with 14`h Street. The only other road side improvements are varied stretches of asphalt raised curb between Middlehoff Lane and 18`s Street a distance of 1.2 miles. The applicant is requesting an exception to these improvements. The project site would be developed with an additional single family home, which typically would not exceed 25 feet in height. Therefore, no structures on the site would extend into protected airspace. The project is consistent with the policies of the 2000 Butte County Airport Land Use Plan and would not cause any significant impacts to air traffic. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed project provides two parking spaces for each dwelling; therefore the project would have no impact resulting from insufficient parking capacity. This Use Permit addition of 1 dwelling would not conflict with accepted policies, plans or programs supporting alternative transportation. See Section 14.17 regarding cumulative analysis. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 20 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 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 existing X 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 facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X 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 X adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: Sewage disposal for the future dwelling on the site would be handled by a public sanitary sewer system (TWSD) and wastewater treatment facility (SC -OR). TWSD and SC -OR currently question whether they have capacity to hand _e the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "Prior to issuance of the Use Permit a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." Domestic water supply for the future dwelling on the site would be obtained from a public water system (TWSE). The project would not have a significant impact, on any water treatment facilities. On-site storm water drainage improvements are required due to development of the project site. See Section 4.8 regarding the mitigation measure for drainage. The project would result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. Tie California Integrated Waste Management Board estimates that a typical residential household generates 10 to 2 pounds of waste per day (1.8 to 2.2 tons per year). 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. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 21 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 Mitigation Measure 42: As a condition of the Use Permit, a willing and able to serve letter for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 single family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building permit plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.8 — Hydrology and Water Quality; and 4.16 — Utilities/Service Systems to these areas would be mitigated due to the inclusion of Mitigation Measures I and 2 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. CUMULATIVE IMPACT ANALYSIS An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. Hydrology and Water Quality (Section 4.8) The project's contribution to significant cumulative impact to Ruddy Creek will be rendered less than significant by mitigation applied to the project in section 4.8. to reduce peak flows to pre -construction levels. No cumulative drainage issues above and beyond those evaluated in the hydrology and Water Quality Section are anticipated. Utilities/Service Systems (Section 4.16) ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 22 of 27 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact 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 X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future rojects)? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X 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 4.8 — Hydrology and Water Quality; and 4.16 — Utilities/Service Systems to these areas would be mitigated due to the inclusion of Mitigation Measures I and 2 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. CUMULATIVE IMPACT ANALYSIS An examination of properties within 2,500 feet of the project site finds that there are 206 lots that are either approved for subdivision, or in the process of being further subdivided. In addition, there are 319 existing lots, for a total of 525 lots. The addition of one dwelling is not reasonably measurable for cumulative impact analysis. Hydrology and Water Quality (Section 4.8) The project's contribution to significant cumulative impact to Ruddy Creek will be rendered less than significant by mitigation applied to the project in section 4.8. to reduce peak flows to pre -construction levels. No cumulative drainage issues above and beyond those evaluated in the hydrology and Water Quality Section are anticipated. Utilities/Service Systems (Section 4.16) ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 22 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 0 Sewage disposal for the future dwellings on the site would be handled by a public sanitary sewer system (TWSD.) and wastewater treatment facility (SC -OR). TWSD and SC -OR currently question whether they have capacity to handle the increase in sewage flows generated by the project. A condition will be placed on the Use Permit that requires a Willing and Able to serve letter. The condition will read as follows: "a willing and able to serve letter for sewage service be provided which assures that the necessary sewage treatment capacity for the proposed additional of 1 single family home is available." 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure # 1: As a condition of the Use Permit, prior to approval of a Building Permit, a plan for a permanent solution fcT drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall deta.l existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and CT conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there sha_l 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 approval of the. improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. 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 prior to issuance of a building permit. Mitigation Measure #2: As a condition of the Use Permit, a willing and able to serve letter'for sewage service be provided prior to issuance of a building permit which assures that the necessary sewage treatment capacity for the proposed addition of 1 sing. e family home is available. Plan Requirements: Submit the letter to Development Services for review and approval. Timing: The willing and able to serve letter shall be submitted and approved prior to approval of the building penn-st plans. Monitoring: The Department of Development Services shall ensure that the required letter is submitted. 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, Subsidence and Landslide Potential Map 111-1, Safety Element. Erosion Potential Mag 111-2, Safety Element. Oroville, CA: CH2M Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Noise Element Mgp IV -1, Scenic Hi way Element. Oroville, CA: Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 23 of 27 ■ Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. CA: CH2M Hill, 1977. 3. Butte County Planning Department. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Hill, 1977. 5. Butte County Planning Department. Hill, 1977. 6. Butte County Planning Department. C142M Hill, 1977. 7. Butte County Planning Department. CH2M Hill, 1977. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, Subsidence and Landslide Potential Map 111-1, Safety Element. Erosion Potential Mag 111-2, Safety Element. Oroville, CA: CH2M Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Noise Element Mgp IV -1, Scenic Hi way Element. Oroville, CA: Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 23 of 27 ■ • Project Name: (Ziranda) Use Permit UP07-0008 0 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man, Oroville, CA. 11. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989 and 2000. 12. USGS Quad Maps. 13. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 14. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. NRCS Soil Survey of Butte County (2006) 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map, and the Butte County Fire Department and California Department of Forestry, 1989 17. California Natural Diversity Database (CNDDB) accessed through Rarefmd 2, Government Version, Jan - 02 -2008. 18. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt -Moen 19. 1979 Thermalito Drainage Study, Butte County Planning Department 20. Cumulative traffic analysis prepared by RKH Engineering May 30, 2007 on behalf of the Diamond Oaks Subdivision 21. Thermalito Water and Sewer District standards. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [ ] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [X] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [ ] Agricultural Commissioner [ ] Butte Co. Farm Bureau [X] Oroville Union School Dist. [X] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] SFWPA [X] Thermalito W & S Dist. [ ] PG&E [ ] Pacific Bell [ ] SBC [ ] Oroville Elem. School Dist. [X] County Assessor [X] Thermalito Union Sch. Dist. [ ] Dept of Water Resources 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: UWe have reviewed the Initial Study for the Jose Ziranda Use Permit UP07-0008 (APN 030-196- 0004) application and particularly the mitigation measures identified herein. Me hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. Project Sponsor/Project Agent Project Sponsor/Project Agent �2.1 n e- C� Date Date G:\PROJECTS\UP\ZIRANDA UP07-0008\Planning Comm ission\Initial Study Ziranda UP07-0008 draft.doc ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 24 of 27 ■ 0 Project Name: (Ziranda) Use Permit UP07-0008 CJ LOCATION MAP NORTH ■ Butte County Department of Development Services ■ ■ Initial Study — Jose Ziranda UP07-0008 ■ Page 25 of 27 • Project Name: (Ziranda) Use Permit UP07-0008 6R MDR N .... .. . -_.............................................................................................................. ................ I...lJIL "" ........................... Project Location 0 f.4i atAiarue 62 �. 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