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Home My WebLink AboutUP 95-146_PLANNING L� SEPARATOR SHEET q,„ 04l — 330 — D17 Pao,ERNUMaEa — UP 95—� 46 F � C NIIUJEU I SUMMARY SHE - "L INV 'FILE NO, 95-146 PROJECT TYPE; Use Permit 1 i APPLICANT• Beth Tkacik ADDRESS: 8612 Mellow Woods Way, Sacramento, CA 95826 I OWNER: Same ADDRESS: 1 N1� ��r ui•-r�Lr� REPRESENTATIVE; -A-&-q-Engineer-in-g - Mark Risso 4_&i3 M-41_j71WrT4 t- S GIA co C- `t S t21/4 1 ADDRESS: 1-28.0-E-.9-th-S-tr-e-et SS-t ;e-� -Gh e•o--C-A-9"59'28 PROJECT DESCRIPTION: Use Permit to allow full service R.V. sites, mini market with gas station, storage lot, laundry and bath facilities. PROPERTY ZONED; U, S-H LOCATED; On the northeast corner of Pentz Rd. and Hwy. 70, AP NO.- 041-330-017 & 051 TOWN/AREA- Oroville GENERAL PLAN DESIGNATION; Agricultural Residential 1. Application Complete: 3/7/95 Amount: $1258.00 Receipt No.: 14707 L Commentssenito: PW,EH,CalTrans,PG&E Oroville,Pac.Bell,Fire,CHP,Sher iff 3. Comments received from: 4. Rezone Petition Signatures Checked: S. Mailing UstlLsad-In Sheet: 6. Assigned To: 7. Environmental Determination: Categorical Exemption-CEOAP State Clearinghouse No.: Negative Declaration VMltigated Negative Declaration Subject to Fish S Gams: Environmental Impact Report Gen.Rule Ex.-CEOA 815061.(bx3) Other t. Staff Report: Project Video: e. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 16 12., Newspaper Publication Date: l O / C P G B R 13. Planning Commission Hsering(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(*): Action taken: Board Resolution No.: Ordinance No.: Adopted: 1S. Type Use Permit/Send for Signature: 16: N.O.EJN.O.DJAPPENDIX G: Fish 8 Game Fees Paid: Yes No 17. Send validated Use Permit: Ill. Assessor's Memo: 18. Copy of Use PermlWarlance to Planning Techniclan: DRO EC1 YANE S 30 Day Review Period rads SCE Review Period E--ds OUTGO=G ACTIVITY Dame Age=ems/��:-san a I I I .. • I I I I i B. Beth Tkacik - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use.Permit to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U' (Unclassified) and S-H (Scenic Highway) located on the northeast corner of Pentz Road and Highway 70, identified as AP 041-330-017 and 051, Oroville. (CBS) (95-146) (VIDEO) HFARING OPEN TO THE PUBLIC Mark Risso, the applicant's representative, said there were no longer plans for a Phase H. The proposal complies with the General Plan and Zoning of the area He asked the reason for Condition 8 regarding the 30 day maximum length of stay. Mr. Sanders said the condition..has been used on other RV parks. =Mr. Risso requested that the condition be changed to allow for a 90 day period to allow people to spend the entire summer in the Lake Oroville area, so they would not have to move out for a day and then return, at least for the full service spaces. Regarding Condition 10, the restrictions on signage, he asked if that-did not.include the required Caltrans sign? Mr. Sanders said that was correct, the restriction did not include the required Caltrans sign. Commissioner Lynch asked if the leachfields would be as near Pentz Road as possible? Mr. Risso said that the entry road that comes in from Pentz Road is actually between the leachfield area and the base of fill along that portion of Pentz Road. The high ground goes from Pentz Road, about 125 feet. Commissioner Lynch was concerned about the proximity of leachfields to Pentz Road, and, therefore, to Spring Valley School. There was a discussion of the scale of the map and how close the subject property and proposed leachfields would be to the school. Carol Speer-Smith, 115 Smith Hill Lane, across Highway 70 from the proposal, had several reasons the project would be inconsistent land use for the area, one of which she said is single family dwellings in a rural setting. The grammar school is close to the site. Property values might be lowered because of the proposed use. She is also concerned about groundwater, which is scarce. Some people have several wells in order to support one residence. She is concerned about sewage contaminating groundwater. There is hardpan at a depth of about 12-18". She was concerned about a dumping site for the sewage, including odors and contamination of drinking water. A major concern is the traffic safety at Highway 70 and Pentz Road. The railing is being constantly replaced. RV's will have difficulty making a right turn off Hwy. 70 and again into the RV park. There have been as many as 3 accidents in one day, and frequently accidents of a serious nature. She is opposed to longer stays of up to 90 days, because that would encourage people to live there and possibly having children impacting the school. She is concerned about increase in crime and people from the RV park wandering onto other properties. There is a problem already with poaching. The area is a high fire hazard area and fire protection is strictly volunteer. There is minimal police protection. She is concerned about the ecology of the area including the Bald Eagles, which could be impacted. There are other businesses in the area that could meet the needs of RV's, including RV parks and stores. There is also a concern for consistency with the Scenic Highway designation. BUTTE COUNTY PLANNING COMMISSION MINUTES SEPT. 14, 1995 nP � T � 'i�saTr F¢ `r�I..w*�S"�,� .'�iYF- - ,R�4 t.Y _�f'.• 'J� i'... �`�3, j F.3� � �' t1� y yC ,y,� :. �� i;A S,'� w':o-lt�� 3�' - -�k�:,t �F F fig_' '+�i ��5#�� s7.=y ,. � Sy� x-+��• f, � +y"��1 -� .��b,;}:a!-- ..++ .. :•'4'�.- ..}'F�i�' ..,.. �:S'rr�..R��'i61w €�P•�� i' ''•:b ��L�k��s, ��r '�..�� :+'�'6.`. s �" f��:,�4s t ffiv i f �sr jAp v� Pk } €'d��:}� 4� a �,„a ,.' ,�,,;,,� "t..#,:x.16'�{ -`+*:.�e'�, 'A'k+ary. �qt[' "F-�„'�s+�# si'�a �'_•�'•-�,� �_� ,� AIre .�� •� r� ,��3 s"�� .,'� a "Ti .t- �'�'SC �uL�.�'s ti; � �' „�.'�?A x�� , '� ':�j �w�' „� �e - �' � SJS,'r�`� ,�y�� s,ii�. �C y + � �4d��+�� y _ _ :tif' .+"5 +:�� x•f��'��` ti t��r�4 L`�'�di¢�'�5.'�'.� •�� y rsnl�s�x'•�a�t •-•��`��L�}I.a��. � _t'..' r:��f�.�+a. :� .ac. C.��G^t'.eY'?�Ril6€:r��esdat" .a., �a�h��tl�.Sval� at,_�!'i��'�1R�4"� Laura-Lynn Birch, 2772 Pentz Road, was concerned that there would be many negative environmental aspects to the project One concern is Item 7, Light and Glare, of the initial study. She said that lighting from the project would shine into several nearby residences. She has proposed a mitigation measure of shielded and low sodium lighting. Chairman Nelson said that normally lighting is required not to project onto neighboring properties. Mr. Hogan said there can be a condition to control the lighting and also to require certain types of lighting that is not glaring. Ms. Birch said that water is very scarce in the area. Her own well is over 400 ft deep and produces about 3 gallons a minute. The parcel across the street from the school barely met the minimum requirement for water with a well over 400 ft deep. The residents are concerned that the existing wells of the residences and school will be drawn down by the project The traffic hazard at Hwy. 70 and Pentz Rd. is very high and people do not realize how slow the turn is, and Caltrans does not plan to leave the 15 mph turn signs after the detour is complete. Ms. Birch and her children were almost hit by a truck that went over the barricade at that intersection, which is the reason the 15 mph sign was installed. Accidents have decreased somewhat since the sign was installed. There is a jurisdictional dispute between the Oroville and Chico CRP's depending on whether an accident occurs in the middle of the intersection or by the guardrail. Ms. Birch witnessed an accident in which a Chevy Suburban pulling a trailer, went through the guardrail. The trailer disintegrated and the Chevy Suburban ended up pointing uphill. The CHP was concerned about the exact location of the accident In addition to the actual accidents, there are many occasions that people hit the guardrail but are able to drive away unhurt. It is dangerous for people who are waiting to make a left hand turn to go up Highway 70, and are often missed by inches. The proposed project would also require a sharp right handlum into the RV park, and there could be long lines of cars coming out of the Feather River Canyon behind an RV continuing to go slowly in order to make another slow turn into the project. The driveway of the park would almost be across from the school. There is a lot of traffic associated with the school and an RV park would impact the traffic. A store would especially increase the traffic near the school. Noise also will be an impact, because due to the topography of the land, sounds carry extremely well and an RV park would have constant noise. Ms. Birch said that she has suggested several mitigation measures for the project She noted that her letter was considered and signed by fifteen people, of which-seven are attending this meeting.- i BUTTE COUNTY PLANNING COMMISSION MINUTES SEPT. 14 , 1995 Laurel Paulson-Pierce, 4400 Pinecluster,was present representing herself and the 143 people who signed a petition. She-felt-the precedent setting nature of the project on the zoning of the area should be considered. The area is residential and near a school. She has been called to several accidents at the intersection as a firefighter, although hopefully the detour will not be there forever. Traffic congestion is still a real issue. There have been serious injury accidents and fatalities at the intersection and the guardrail has been repeatedly replaced. The current residents should have a voice in what goes on in their area, and not be forced out by "progress" and commercial uses. It would be poor planning to have a "leapfrog" commercial development. There are already RV parks within 3-5 miles of the area, and places to buy gas and groceries. The existing businesses might be negatively impacted by another RV park and store: The project is in conflict with the rural residential nature of the area as well as the scenic highway designation. Many of the local residents have expressed a concern about an influx of transient people. For instance the pay phone at the school was removed because it breached the privacy of the school. As a bus driver she is concerned about the safety of school transportation with people pulling big loads that are not prepared to make the sharp turns. As compared to a Use Permit that would allow a use six times a year, this project would have a daily impact. Also, during the winter, I-lighway 70 is used when Donner Pass is snowed in, and there is heavy truck traffic at a time when road conditions are icy and dangerous. She was concerned.that people in the RV park and not paying taxes, would have children who might be attending the school. She read aloud the petition signed by 143 people who oppose the Use Permit Dennis McGuire, 11679 Nelson Bar Road, Superintendent of Golden Feather Union School District, said he has been directed by the school board to speak before this'commission. There is a concern about leachlines from the RV park on the existing water for the school. There is concern about the impact on groundwater. There is concern about traffic, although he has requested from Public Works that a 25 mph zone be placed in front of the school. As an RVer himself, he knows the turn off Hwy. 70 is not a good turn for RV's. A store across the street would be an attractive nuisance for the students and would tempt them to dart across the road. Chairman Nelson asked about the school water supply? Mr. McGuire said the school has 3 wells and a large storage tank. There is not an abundance of water. The lawn and trees are watered from irrigation district water. Phil Sutton, 38 Smith I-Ell Lane, an RVer and property owner across the street, said that nothing has been noted about these being RV's. There is a leachfield directly uphill from the school's wells and a neighbor's well, and any RVer can testify that most RV's use formaldehyde in their holding tanks for odor control. That does not allow a septic tank to operate properly. There would be a leaching of formaldehyde downhill into the wells, which should be addressed. Jim Burch, Pentz Road, across from the school, said that the highway is the biggest problem. The state does not have the money to repair existing roads, and Pentz Road is not set up for that type of traffic and he does not think the-state wants to make it set up�for that: BUTTE COUNTY PLANNING COMMISSION MINUTES SEPT. 14 , 1995 -_ �. . . . . � , �. _ _ .. ,, v i i i! i a i 1 3 Iii, IIS f � ' x .. � _ _ � 1.� Tom Reid, Environmental Health Dept., said that there is reason to�believe that water is short in this area. The school has historically--had a problem. There-isa requirement that the RV park provide a water system that meets state standards. There could be a condition that the applicant prove adequate water for the facility and also complete a final design that meets requirements prior to beginning any construction on the property. The Health Dept. shares the concern about water and there is not enough data to know at this time if there will be adequate water. The Health Dept recommends that the sewage disposal and water quantity be addressed prior to beginning any physical improvements on the property. Commissioner Lynch asked if the leachlines could be monitored to make sure they are not leaking beyond the property line? i Mr. Reid said that could be done. A mobile home park is licensed by the State of California, and he does not know if the Regional Board would want a report on waste discharge requirements for this project. Typically that is wanted for 2500 gallons or more of sewage flow a day. 'll Whether the state would require that for 15 spaces only, he does not know. The state might want that, ,and a monitoring.system would have to be set up. I • Commissioner Lynch-asked,if a monitoring system could be required of the developer? Mr. Reid said that could be a condition of the Use Permit to provide monitoring pipes and take samples and submit them to Environmental Health. Environmental Health is not staffed to do the monitoring itself. Commissioner Lynch asked how formaldehyde would impact a septic tank and leachline. Mr. Reid said that typically holding tanks have not been a big problem. Formaldehyde is a contaminant, but the Regional Board has not disallowed dump stations because of it. Dump stations are basically a manhole, which then empties into a city sewer or septic system. Holding Links are not encouraged. The Regional Board would have to be contacted for their comments on the facility. He noted that state law requires dump stations for RV parks. Butte County needs more dump stations, but if the dump station were to be opened to the public for a fee, there would be a concern that it not be overloaded with outside usage, if the sewage disposal area is i limited. Maybe there should be an additional condition that these loose ends be picked up before any site improvements are done on the property. Ho Neuyen, who lives across from the proposed RV park, was concerned about pollution from the RV park into the creek where his children swim. He is also concerned about polluted water from the creek contaminating-his well. BUTTE COUNTY PLANNING COMMISSION MINUTES SEPT. 14 , 1995 Mark Risso, said that althou h the corner is not the best in the world it was designed b -- g � gY. Caltrans. Caltrans has no plans for a redesign: There is a condition, however, that this.project widen Pentz Road for aleft turn lane and a standard road1approach. Traffic generated by RV stations is primarily on weekends. There will be a dump station on-site and Water Quality Control Board recommendations will be complied with. Two wells are on-site, one of which produces 10 gallons per minute. Water supply will be a primary item to look into prior to construction. This is a Use Permit application, not a rezone. There will be a resident manager on-site at all times. The store is not intended to take business away from other areas, and intended primarily for RV park residents. Leachlines have been intensively studied, and the testing indicates that there will not be a problem with leaching migrating from the property, but if a monitoring station is required, that will be complied with and all requirements of the Water Quality Control Board will be met. Regarding pollution of the creek, it is considered a benefit to the site, and the applicant will not be tearing up trees or brush around the creek or allowing pollution of the creek. Commissioner Lynch asked how many of the sites would be full hookup with sewer? Mr. Risso said there would be 14 full hookup sites. The remainder of the sites will be for overnight stays, with their own holding tanks, and using the dump facility if necessary. HEARING CLOSED TO THE PUBLIC Commissioner Seegert questioned the figures that 1,500 gallons per minutes could be taken for two hours from a storage tank of 30,000 gallons. That rate of flow would require 180,000 gallons of water. Mr. Sanders agreed that those figures are incorrect. Commissioner Lambert said that stays of 30 days or.90 days should be discussed. Chairman Nelson said that before discussion of conditions in detail, the Commission should discuss whether or not the use itself is appropriate for the area Commissioner Lynch did not think the use is appropriate for two reasons, one being traffic. He feels that most of the traffic into the RV park would come down Hwy. 70 and go back onto Hwy. 70 through a very dangerous intersection. There is heavy truck traffic coming down Hwy. 70. The project should be denied on traffic alone, but close proximity to the school is another reason for denial. If there should be a problem with leachlines, the school's water supply would be ruined. The school and residents of the area were there first. Zoning and Planning should protect the people already there. He would suggest many more conditions if the project should be approved. Commissioner Lambert agreed that more conditions would be necessary. She has many concerns about the project and would not be in favor of approval. Commissioner Seegert said he has mixed feelings about the project The use would be expected near a highway. However it is a high density use, and a long distance from police and fire protection. Commissioner Cage asked if the-proponent could redesign the intersection? BUTTE COUNTY PLANNING COMMISSION MINUTES SEPT. 14, 1915 Mr. Hogan said that there would have to be a nexus between the.trdfic generated by this Pr.cject and the requirements-for a redesign. Caltrans comments are reflected in the conditions for the left turn pocket and road approach. Caltrans does not see the intersection as a problem and has no intention of redesigning it. I ! Commissioner Lambert said that there is also a problem for cars turning left from Pentz Road to go up Flighway 70. Chairman Nelson asked if the project could be denied at this meeting? Mr. Hogan said that based upon the testimony, it could be found that the project is incompatible with the area due to the commercial nature, to the intensity of the use, the traffic generation that is expected out of the project, the surrounding uses, the school, the low water availability, the concerns with leaching of septic systems, and that the project cannot-be-adequately conditioned to make it compatible with the area.' Those are the issues and.they-are substantial.findirigs for denial. } Mr. Hogan said that there could be a finding that the project is incompatible, and will be injurious to the surrounding property and detrimental to the health, safety and general welfare, and incompatible and injurious to general health of the County and that conditions and mitigation measures cannot be added to the project to bring it into compliance, and if the project is appealed, that the Commission's concerns with conditions should be made aware to the Board of Supervisors, such as a monitoring well, the length of stay and other things which have been mentioned. A motion was made by Commissioner Lynch, seconded by Commissioner Lambert, and carried unanimously for denial,with appropriate findings, and if the item is appealed to the Board all the testimony and comments should be included. BUTTE COUNTY PLANNING COMNISSION MINUTES SEPT. 14 , 1995 AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manage BY: Craig Sanders, Senior Planner DATE: August 7, 1995 REQUEST: Use Permit for Beth Tkacik on APN 041-330-017: A request for a Use Permit to allow full service RV. sites, mini-market with gas station, storage lot, laundry and bath facilities on 4.2 acres of land located on the northeast comer of Pentz Road and Highway 70, in the U and SH zones within the Pentz area. This project is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of September 14, 1995 ABSTRACT: Staff recommends approval of this application. The proposed use is compatible with the existing surrounding uses and potential future uses of the existing zoning classifications. PROJECT CHARACTERISTICS: This is a Use Permit request to allow a full service recreational vehicle park, mini-market with gasoline sales, storage lot, laundry and bath facilities. The applicant has proposed phasing this project Phase 1 includes 51 RV. spaces, a small tent area,a 1300 square foot mini-market with gasoline and butane sales, and a caretakers residence. The residence is a permitted use and need not be considered in this request Fourteen of the spaces will have full hook- ups and will be suited for long term stays of up to 30 days. The balance of the spaces will most likely be used for overnight or limited stays of less than a week. Phase 2 is not under consideration at this time and is therefore not addressed in any detail in this report or the environmental documents prepared for this project Phase 1 will be located entirely on-A.P. 041-330-017, a 4.2 acre parcel. The property is located at the northerly comer of the intersection of Pentz Road and Hwy. 70, in the unincorporated area of Butte County. Surrounding uses include open land and railroad tracks to the north, open lands to the east and west, and an elementary school to the southwest, across Pentz Road. Access to the site is directly off of Pentz Road. ANALYSIS: The site was previously used as a boarding kennel. A Use Permit was approved for that use in September of 1986. The kennel was abandoned some years later and the property has remained vacant since. Approval and implementation of this Use Permit will negate and void the previous Use Permit for a boarding kennel. A seasonal drainage course traverses the property and there is a small ■ Butte County Planning Commission Agenda Report ■ 1 AGENDA ITEM pond on site. Thick riparian vegetation is evident in close proximity to this drainage, with blackberry bushes completely obscuring the stream channel in many places. With proper Fish and Game permits, the stream course and pond could be utilized as an amenity to the park, providing picnic areas and passive recreation uses. The proposed use is listed as a conditional use in both the U and SH zones. The Butte County General Plan Land Use Element designates this property Agricultural Residential. Primaq uses are residential uses at rural densities. There are also several secondary uses that are compatible with the designation, including outdoor recreational facilities. In addition, policy 5b of the Land Use Element text regarding recreation uses, states: "Support development of commercial recreation facilities on suitable sites." This project is consistent with both the zoning and General Plan as well as compatible with surrounding uses. The property to the north and west is owned by the applicant and would be used for phase II, if approved at some future date. The Highway acts as a buffer the lands to the south which are currently undeveloped. On the southerly side of Pentz Road, approximately 500'to the west, is Spring Valley Elementary School. The proposed uses will not affect the operation of the school nor will it represent a significant increase in traffic in front of the school since most trips will probably use Highway 70 and the short section of Pentz Road running from the project to the Highway 70 intersection. The proposed 51 space RV. park will provide accommodations for motorhomes, campers, and trailers visiting the Lake Oroville area and to those passing through Butte County to other recreation locations. Being located on a state highway, it is anticipated that most of the users will already be travelling that road. The location is well suited for the proposed use. Being adjacent to SR 70 will reduce large vehicle traffic on local roads. Access to Highway 70 is good, and potential customers can easily stop and examine the park without travelling too far out of their way. It is in a rural setting, which is attractive to campers, yet not too far from the Oroville urban area where major services are available. Access to Lake Oroville recreation area is within 1.2 miles of Vinton Gulch boat ramp and 2.4 miles from Lime Saddle Marina and boat launch. The applicant is contemplating a phase II on an adjacent parcel. Phase II would consist of 173 additional spaces, sewage disposal ponds instead of leachfields, and boat and RV storage. Due to the complexity of phase II and the amount of additional information needed to properly assess the effects of a larger development, the applicant has chosen to have the Commission only consider phase I at this time. It should be made clear to the applicant that support of this phase, is in no way, an indication of support for phase IT A separate application for a Use Permit will have to be made and separate environmental documents prepared for that phase. The proximity of the site to Ilighway 70 and Pentz Road makes this a high visibility location. Thousands of vehicles pass this comer each day. Because of this high visibility, the aesthetics of the park and the image presented to people passing by is important. The previous use on site left the property in an unsightly manner. Trash, junk, and broken concrete litter the upper portion of the parcel. All of this junk must be removed from the property not just piled up in some unused comer of the site. Landscaping is the best way to make the park appealing to travellers. Shade for summer visitors is very important. Existing trees on site should be retained, if possible, and the planting of new ■ Butte County Planning Commission Agenda Report ■ 2 AGENDA ITEM trees will be required at a minimum ratio of 1 fifteen gallon tree per three spaces plus three new fifteen gallon trees for each existing tree removed. The applicant will be required to submit a detailed landscaping plan to the Development Services Department prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree plantings, and the type of irrigation system proposed. In addition to landscaping, the size and number of signs should be limited especially adjacent to Pentz Road and SR 70. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign, not exceeding 50 square feet, will be permitted for the store/office. Directional signs within the park are not restricted, but should not be larger than 4 square feet. The sign along Highway 70 will require a permit from Cal Trans. The park will have a small grocery store to provide basic food supplies and gasoline to patrons and the travelling public. This commercial use will probably not attract new customers to the area but will serve those already travelling Pentz Road and Pfighway 70. It may provide a convenient location for residents of the Cherokee area to pick up a few food items instead of travelling to Oroville or to the Country Store at Pentz and Ifighway 191, 4 miles to the east. This limited use is compatible with the RV. park and would certainly be necessary if phase 2 of the park were to be approved. The store will need a food establishment permit from the Butte County Environmental Health Division. Also available at the store will be gasoline and butane. The gasoline tanks will be underground and their installation regulated by the Environmental Health Division and State requirements. The butane tank is above ground and clearance of brush and grass around the tank along with vehicle crash posts shall be required. Domestic water for the park will be obtained from a private well. The park is of a size that will require a public water system permit form the Butte County Environmental Health Division. The water system will also have to meet Safe Drinking Water Act requirements and Title 22, California Code of Regulations pertaining to waterworks. In addition, the well construction must conform with special requirements. Sewage disposal will be via on site septic tanks and leachfields. For those spaces without sewer hook-ups a dump station will be provided. There is an existing system on site from a previous residential use that can be utilized. Other systems will have to be installed under permit from the Environmental Health Division. The Butte County Fire Department/CDF is requiring a pressurized water system with fire hydrants for the park. They would like to see a system capable of delivering 1,500 gallons per minute at 20 to 125 p.s.i.g., for up to two hours. This would require about a 30,000 gallon tank, depending on the well's pumping capacity. This requested system far exceeds the system requirements contained in the Butte County Improvements Standards for Subdivisions, Parcel Maps, and Site Improvements, which calls for only 100 gallons per minute for 2 hours, in parks with less than 100 spaces. The increased fire flow is being sought due to the commercial uses on site including the dispensing of gasoline. There are, however, other factors that may allow the applicant to negotiate the installation of a lesser system with the Fire Department. One of those factors is the existence of a fire hydrant to the south of the site, near Spring Valley Elementary School. ■ Butte County Planning Con mission agenda Report ■ 3 . i • AGENDA ITEM As stated in the project description, the park will have.14 spaces that provide full hook-up (water, sewer, and electric). With these amenities, long term or even semi-permanent living arrangements are possible. Parks of this type are not intended or-designed for this type of living and character and functionality of the park would be affected. For these reasons, it is recommended that the length of stay for all spaces be limited to no more than 30 days in any 60 day period. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act(CEQA)and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project: PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff recommends that the Planning Commission approve this request, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval Attachments: A: Vicinity Map B: Site Plan C: Environmental Documents K\pereport\tkacik.rpt ■ Butte County Planning Commission Agenda Report ■ 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) 95-146 PERMIT NO. AP 041-330-017 ASSESSORS PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Beth Tkacik is hereby granted a Use Permit in accordance with application filed: 3/7/95 to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" and S-H located on the northeast corner of Pentz Road and Rghway 70, Oroville. 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 country Zoning-Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt.of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be'required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. ■ Butte County Planning Convnission Agenda Report ■ 5 AGENDA ITEM Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will.not impair the integrity and character of the zone in which the land lies in that the Unclassified Zone and Scenic I-lighway Zone contain provisions for permitting the requested use. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the surrounding parcels are mainly vacant at this time and the current zoning does not permit uses or densities that would conflict with the uses proposed in this permit C. The use would not be unreasonably incompatible with or injurious to the general health, welfare and safety of the County in that mitigation measures and conditions incorporated as requirements of this project will ensure the general health, welfare and safety of County residents. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Fxhibit A, Use Permit for Beth Tkacik on AP#041-330-017 to allow a full service RV. park, mini-market with gas service is approved subject to the conditions listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental ■ Butte County Planning Commission agenda Report ■ 6 AGENDA ITEM determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment C. Conditions of Approval: 1. Approval of this Use Permit shall render Use Permit #86-65 for the boarding kennel null and void. 2. Prepare a detailed grading plan to be reviewed and approved by the Butte County Department of Public Works and a Best Management Plan to address erosion. Implement the approved erosion control measures during site construction. 3. Structures, dumping, fill material,vegetation removal and/or excavation shall be limited within 25 feet from the top of bank or outer edge of the riparian vegetation,whichever is greater. Vegetation removal necessary for flood control is permissible within this area, however, all living and thriving native trees shall be retained and all vegetation removal shall be.approved by the Department of Fish and Game prior to removal. Any stream crossings with roads or driveways must first obtain a streambed alteration permit from the California Department of Fish and Game. The applicant may construct walking paths and install picnic benches within 10 feet of the creek. 4. Prepare a drainage plan that provides a permanent solution for drainage that will not result in any increase in peak flow runoff volumes over that of pre- development levels and maintains the flows of the existing drainage coming under and off of Hwy. 70. The plan must be submitted to, and approved by the Butte County Department of Public works prior to issuance of the Use Permit 5. Install a Cal Trans approved sign along westbound Hwy. 70 indicating that there is a campground, right at Pentz Road. The location shall be approved by Cal Trans. 6. Install a pressurized water with hydrants that meets the requirements of the Butte County Fire Department/California Department of Forestry. 7. Construct a left turn pocket and road approach, to Butte County Public Works standards, on.Pentz Road and at the,entrance to the project site. 8. The length of stay for all spaces in the park shall be limited to no more than 30 days in any 60 day period. ?o d°'�s (V • -Feer f�A T Wi- 9. Submit a detailed landscaping plan to the Development Services Department ■ Butte County Planning Comnosion Agenda Report ■ 7 AGENDA ITEM prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree ,plantings, and the type of irrigation system proposed. 10. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign, not exceeding 50 square feet,will be permitted for the store/office. Directional signs within the park are not restricted, but shall be no larger than 4 square foot each. The sign along Highway 70 will require a permit from Cal Trans. 11. Obtain a public water system permit form the Butte County Environmental Health Division. The water system will have to meet Safe Drinking Water Act requirements and Title 22, California Code of- Regulations pertaining to waterworks. The well construction must conform with,Bulletin 74-81 well standards an well construction permit 12. Obtain a food establishment permit from the Butte County Environmental Health Division. 13. Obtain permits from the Butte County Environmental Health Division for the installation of underground storage tanks for flammable liquids. The installation of these tanks must also meet all applicable State requirements. 14. Comply with Chapter 6.95 of the California Health and Safety Code pertaining to business plan and inventory requirements for facilities storing hazardous materials. 15. Obtain permits from the Butte County Environmental Health Division for the installation of new septic tank and leach field systems. 16. Clear all brush, dried grass, and dead vegetation from within 30' of the butane tank. Install 4"diameter solid steel or cement filled crash posts on the westerly and southerly sides of the tank. The posts must be set in concrete to a depth of at least 2' and the posts must stand above the ground surface a minimum of 4'. Spacing shall not be less than 6' apart. 17, Applicant shall also comply with all other applicable State and local statutes, ordinances, and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions and that they are, in fact, the conditions which were imposed upon the granting of this permit. I agree to abide fully by ■ Butte County Planning Commission Agenda Report ■ 8 AGENDA ITEM said conditions. Dated: Applicant Signature: Butte County Planning Commission Chairman: Note: Issuance of this permit does not waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction, nor does it waive any other requirements of federal, state, and local law. cc: Land Development Division, Public Works Department Building Division, Development Services Department Environmental Health Division California Department of Forestry ■ Butte County Planning Convnission Agenda Report ■ 9 -o CDrLy R d o- Project L.Jocatio .. � -Pe Roa Che ee Vicinity Map AP# 041-330-047 :: I Pr 'ec Location ------------- U 0 as a� o a� Qa � J U BUTTE COUNTY PLANNING COMMISSION Applicant: Beth Tkacik . Owner: Same Hearing Date: September 14, 1995 @ 9:00am Existing Zone: U, S-H N Request: Use Permit to allow full service R.V. sites,mini market with gas station, No Scale storage lot,laundry and bath facilities. Assessor Parcel No: 041-330-017 ' File:95-146 I _ _ L: 5741 330 043 000STATUS: ACTIVE ? L: 041 330 s%i 17 s%t0f!I STATUS: ACTIVE r GOLDEN FEATHER UNION SCHOOL DIST TE:ACIK. BETH L 00000F O BOX 911 J- c ELI-` GROVE — CA 96759-17911. L: 041 330 050 000 STATUS: ACTIVE � L: 041 330 040 1700 STATUS: ACTIVE F 1 CALCATERA JAMES BANK OF AMERICA TR FOR RUTH VINTON C/O UNION PACIFIC 2776 FENTZ RD 1 OROVILLE CA 95965 Lis!is%;5%;y3 L: 041 330 070 000 STATUS: ACTIVE L: 6741 331=3 x%321 5%1171%3 STATUS: ACTIVE SUTTON PHILIP R & DIANA L BURCH JAMES H & LAURA LYN J 2772 FENT RD 2650 S VILLA AVE OROVILLE CA 95965 PALERMO CA 95968 L: 041 3217 5714 5700 STATUS: ACTIVE L: 041 330 022 000 STATUS: ACTIVE EXEMPTION TRUST SPRING VALLEY MINERALS INC ` MIDDLETON VELMA L TRUSTEE 1 TABOR CENTER SUITE 25003 11132 NELSON BAR RD 1200 17TH STREET OROVILLE CA 95965 DENVER CO 8172572 L: 041 330 023 1%00 STATUS: ACTIVE L: c741 325:3 0912 000 STATUS: ACTIVE CALCATERA MICHAEL JAMES ETAL s. VANGOODEN EDWIN EARL & CAROL JUNE CF' 4246 DURHAM FENT? RD 160 FLYING CLOUD DR OROVILLE CA 95965 OROVILLE CA 95965 �. 041 320 010 �!00 STATUS: ACTIVE L; 041 330 055 000 STATUS: ACTIVE L° HARE EILEEN JANE ETAL TC STATE OF CALIFORNIA 000,00 1551 VALE TERRACE VISTA CA 92083 L: 041 030 062 000 STATUS: ACTIVE L: 041 330 i%369 175%35%3 STATUS: ACTIVE ESELIN ROBERT E JOYNER IRENE 2912 FENT ROAD 30 SMITH HILL LN S ' OROVILLE CA 95965 OROVILLE CA 95965 L: 041 030 117 0017 STATUS: ACTIVE L: 041 330 041 00)o STATUS: ACTIVE ORR i'IARVIN F REVOCABLE INTER VIVOS TRU MARTIN LELAND & LEAH 1 ORR i�IARVIN F TRUSTEE CIO CLAYTON GUNN 5112 DURHAM F'ENT� RD 4741 LUCKY 7 LN OROVILLE CA 95965 OROVILLE CA 95966 ` — .. l ..•4..� . ��. 'V 1 � y r y. L: 041 330 X343 000STATUS: ACTIVE L: 041 3303 017 000 STATUS: ACTIVE I r FEATHER UNION SCHOOL DIST �- I - GOLDEN F TF'.ACIr. BETH L , 00000 i P 0 BOX 911 E ELF.: GROVE ... _._ CA 96759-0911 . L: 5741 330 0501 000STATUS. ACTIVE L: 041 33(-;f040 Of-40 STATUS: ACTIVE t CALCATERA JAMES BANS:: OF AMERICA TR FOR RUTH VINTON C/O UNION PACIFIC 2776 PENTZ RD OROVILLE CA 95965 OOOOo L: 041 330 070 '000 STATUS: ACTIVE L: 0141 330 021 000 STATUS: ACTIVE BURCH JAMES H & LAURA LYN J SUTTON PHILIP' R .s DIANA L 2772 FENT RD 2650 S VILLA AVE OROVILLE CA 95965 PALERMO CA 95968 L: 041 330 022 01500 STATUS: ACTIVE L: 5741 320 5714 000 STATUS: ACTIVE SPRING VALLEY MINERALS INC EXEMPTION TRUST , 1 TABOR CENTER SUITE 25001 MIDDLETON VELMA L TRUSTEE 1200 17TH STREET 11132 NELSON BAR RD DENVER CO 80202 OROVILLE CA 95965 L: 041 330 023 000 STATUS: ACTIVE L: 5741 325 002000 STATUS: ACTIVE CALCATERA MICHAEL JAMES ETAL VANGOODEN EDWIN EARL & CAROL JUNE CF' 160 FLYING CLOUD DR 4246 DURHAM FENT RD OROVILLE CA 95965 OROVILLE CA 95965 v_s41 32t%f 5%110 O0ft3 STATUS: ACTIVE L: 041 3301 055 00 0 STATUS: ACTIVE L° HARE EILEEN JANE ETAL TC STATE OF CALIFORNIA 00000 1551 VALE TERRACE VISTA CA 920183 - - L: 041 330E 0169 000 STATUS: ACTIVE L: 5741 030 5%x62 0006 STATUS: ACTIVE JOYNER I F;ENE ESELIN ROBERT E 2912 PENTZ ROAD 30 SMITH HILL LN ' OROVILLE CA 95965 OROVILLE CA 95965 L: 041 330 0141 00101 STATUS: ACTIVE L: 0,41 0301 117 0100 STATUS: ACTIVE b' MARTIN LELAND & LEAH ' ORR MARVIN F REVOCABLE INTER VIVOS TRU C/O CLAYTON GUNN ORR MARVIN F TRUSTEE 4741 LUCKY 7 LN 5112 DURHAM PENTZ RD OROVILLE CA 95966 OROVILLE CA 95965 Mailing List for AP# 041-330-0.17,-05i 95446 041-320-002 041-320-014 1 30-062 %•moi�� - 3 72 041-330- 041-320-010 041-030-117 - 30-070 1-330-03 1 30-0 0 Project 041-330-052 hod Site 041-33 - 23 041-330-0 5 041-33 043 ^� 041-3 0-044 041-330-022 30-021 041-330-026 041-330-041- 04 -330-069 041-330-068 041-330-026 I Planning Department • AtLICATION FOR Us PERAMIT � BUTTE COUNTY PLANNING COMMISSION MAR 0 71995 Oroville,California APPLICANT: Read and follow instructions as set forth on attached sheet. Applicant's name _ Bh._Tka _J k _ Phone No. 916)688-1785 Applicant's mailing address A 6 *?_ MP lnw W.00ds Way, Sacramento, CA 95826 Applicant's interest in property (Owner, lessee, other) Owner Owner's name and address with T1.ne-i k' Rfi1 ? mro 1 ntr Wnnc,g way. 'Sacramento, CA 9582 Contact person for project aixVddu �1_ Mark Risso, A & Q Engineering 1?Rn R Qth Ct.rpPt . StP_ C . Chico. CA 95928 893-0631 Assessor's parcel number(s)_AP# 41-33=17 , 51- Present zoningU Location and size of parcel(s) N _Cr-irner Pentz Road & State Highway 70 Phase I — 4 . 15 ac, Phase 2 — 30 . 29 ac Street address N/A Z Olrectlons for travel to property (rural and mountainous areas only):: MR. rnrnPr . i ntersection Highway 7n anti Ppnt7 Rnad r ..�. J Oescription of proposed development and use Phacp To 14 fLll service RV sites , mini market with gasoline sales , caretaker-'residence. laundry & bath facilities , storage '- and recreation - see attached for phase II Description at existing land'use Vanant — nccasi anal cattle graze Proposed scheduling/associated projects Phase I , 1995//Phase 11 1966 _ Anticipated incremental development — _App. ahnve ' Builr±ing construction (state dimensions, square footage and materials used) J a. Existing buildings b. Proposed buildings see attached Hazardous materials to be used (inflammables, explosives or strong chemicals) Gasoline storage Daily hours at operation 7 am .. - 10 Pm Number of.employees 2 Number of off-street parking spaces provided 5 Existing/proposed sewage disposal method: septic tank & leach field (phase I ) Proximity of power and phone tines: - ad i acent Oistance to natural water course or storm drain: on—site Anticipated on and off-site drainage improvements: interior drainage system to swale Water source: wPl 1 Proximity at, water for fire fighting purposes (hydrants, ponds, etc.) well , storage._ and Pond Will excavation or grading be necessary?Cubic yards (estimate): yes — 600 cy r � I TEL:9 93 1000 P. 03 MAR. -01' 95 (WED) 11 : 14 AkQ Et ' `EERf1G S \� L,st and deteribe any other related permits and other public aopmvals required for M3 project, including those Aired ctrl, regional, State and Feeeral ageneses: T7nC$i nal 'alat-.pr QIWI itV Cfantrol board , Stade ppaartment of Fish and Game iF FiES10EENTiAL.. tnctuoe the numoer of units, whether units are singler multi-story in height. schedule Of unit sizes, a,, type of housenoid Size expected. '- mobile home - all other sites for RV use IF COMMERCIAL, indicate me type. wnetner neignbornood, city or regio.:ally oriented, square footage of sales area, ar; loading facilities. Neighborhood store , 1296 5F . IF INOUSTRIAL, indicate tyre. estimated employment per shift. and loading facilities. N/A IF-iNSTITUT10NAL, in,tc3te the major function, estlmated employment per shift, estimated occupancy, loading tacilitie: Z and community benefits to Je cerived from the project. N/A J ENVIRONMENTAL IMPACTS AND MITIGATION NEASURr;S1 -� ;dentity potentially significant environmental imoacts associates with the use pem it. 'Khat project design ,eaiures or soec:a. y I -or.aiticns at aoprovai (mtttgation treasures) are cmocseo to alleviate potential environmental impacts? t ' see attached Z ENViRONmENTAL SETTING' Cescribe the project site as :: exists before the project, including information on topography, soil Mobility, plants ane a:,..- mats. :: - mats. anc any cultural, histcrtcal or scenic aspecis.Descrloe any,existing structures on the site. and the use of the structures. J i Describe the surrounding prooerttes. including information on plants and animals and any cultural, historical or scenic aspects. C- I Indicate the type of land use (residential, commercial. etc.) intensity at land use (sing le-tamily, aparltments, sroeS, Cepar.- men, stores. etc.). and scale or development (heignt. frontage, semaox, rear yard, etc.). - •Use secarate sneet 'or longer responses. I see attached i ! nerecy zecfare unaer pena•hi of periury that I have read and uncer513ne ine instructions and that the foregoing statements I are :rue. cemplete ono eorrec: tc ;he best of my knQ-ieage and belief. i Gate Applicant's signature Cate Property owner's signature I- yUse Permit Nwn-oee I `r ~eo est: Use cerm;: :o af:c'N J ' '_:,caucn an:: size of carceifst VERIFY: A.P. NumcertS) Project Oescr,eticn v� l Owners^,o Toning ano Requirements I Proof of Agercy neegedl Lccatton Oescrtat:en W Cooiea of Piot P!an - ' bate Received � � 5 S ® neccrpt Nuriioer .`Y'f"/ f7 d- OCuc3tion tauen ay .n•2. _ - DEVELOPMENT & USE PHASE II - 172 full service RV spaces, common restrooms, laundry facilities, mini storage, covered RV storage, office and recrea- tion area PROPOSED BUILDINGS PHASE I - store 1296 SF wood frame - caretaker dwelling - 1296 mobile home laundry, bath —1400 SF wood frame - recreation room, storage - 1400 SF wood frame PHASE II - office & recreation hall - 1600 SF wood frame - laundry - 800 SF wood frame - restrooms - 800 SF wood frame - mini storage 1500 SF metal SEWAGE DISPOSAL PHASE II - packaged treatment plant on site, will a1_so servo Phase I EXCAVATION PHASE II - 1700 CY ENVIRONMENTAL IMPACTS 1. Traffic, mitigation requires left turn pocket and road- way widening on Pentz Road , 2. Gasoline storage, mitigation requires compliance with latest installation procediures 3 . Excavation, mitigation requires adequate protection for wind 'and soil erosion 4. Drainage, mitigation requires pollution and run-off control 5. Sewage disposal, mitigation requires compliance with RWQCB permits and restriction 6. Fire protection, mitigation requires pressurized water system with fire protection capability and creation of a County Service Area 7. Visual impact, mitigation requires landscaping at entrance and maximum preservation of vegetation adjacent to Highway 70 ENVIRONMENTAL SETTING PHASE II '- Site was formerly used as veterinary clinic and ken- nels. Buildings have been destroyed. Remainder was and is used for seasonal cattle graze. Soil consists of Sandy clay over shale lenses. General slope is 9% to southwest. Seasonal stream runs along southeast side of property and is bordered with scrub oak and digger pine trees and poison oak bushes. Remainder is covered in native grasses. The site is bounded by Union Pacific railway track on northeast, pasture to the northwest, Pentzt Road to the southwest and Highway 70 to the southeast. Spring Valley School site opposite site on westerly side of Pentz Road. One single story, single family residence is approximately 200 feet north of phase II site. No other residences or structures are in the immediate vicinity. The site and area are not associated with any known cultural , scenic or historical values. LST AP tl Q GI I- Z30 - 0►-� 0 51 `i 5 - l .y � Q09 Q� )Ato-, t, G.-7,US-t�,- eacp c) I t - I 1 { t� -�- \� 3' (1. i PFF-- COUNTY OF OTE AD �+ pp pp Q OROVILLE, CALIFORNIA PURCHASE ORDER C1�48145 V F— E Oroville i:ercury N At-un: Donna Issued By D P.O. Bon 551 Department P1tzn.~ting R Oroville, CA 95955 DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. N 8/3/Mi PUDLIC 31;AIIIIIG KOTICE 4A 480-00137 ti Yo be published in the Oroville .:ercury on Thursday, August 10, 1995. Please furnish this office with tvo conies of the affidavit of publication. {Tkacik - 95-146Zzeo Butte County Planninn 7 County Center Drive • Groville CA 95965 i a �ac�c 31W COM N M, rr o, TOTAL 1, 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�tfrQ/\same.` y — i Dated: / , Department Head or Authorized Deputy Dept. & Sub. Project Sub. Obj. Invoice No. Invoice Date Encumbrance Gross Amount Discount Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. �.t f _� �� !�, .� . � _ ! V ' _ _ � _ __ ___ _ _ _ _. _ _ y ,. r• r _ COUNTY OF FSTELD OROVILLE, CALIFORNIA PURCHASE ORDER C148145 1481 V F- E X Oroville T.e3rcury , • N Attn: Donna Issued By D P.O. Do= 6:1 Department Planning R Oroville, CA 95965 DATE DUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE T0+ W.O. b 8/3/U395 PUDLIC I112ARELM NOTICE OA 3 480-001IM37 To be published in the Oroville I.ercury on ThurDday, August 10, 1995. PleaEe furnish this office uith tuo copies of the affidavit of publication. (ifcacifz - 95-146),a Butte County Planning 7 County Center Drive Oroville, CA 95965 I I TOTAL apt i 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 sme-, 0148145 Dated: 1J /! 7 ttj �r L l t Department Head 'or AAf±orized Deputy Dept. & Sub. Project Sub. Obj. Invoice No. Invoice Date Encumbrance Gross Amount Discount Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. ij OROVILLE U Mercury-Register P.O. BOX 651 . OROVILLE, CA. 95965 TERMS OF PAYMENT PAGE BILL DATE BILL FROM BILL TO Net 15th of Month 1 SALES REPRESENTATIVE 08/110/95 08/10/95 08/10 95 gbt bRCCD R NUMBER Butte 'Co Planning - ` 2050 7 County Center Drive ' Oroville, CA-,,95965 `t AMOUNT DUE AMOUNT PAID "FS , • :.e'u•Rr2` Y�. 1..W. .=ami. iY.;'t>L 1� �.�.'M _n 1 22 . 83 DETACH AND REMIT TOP PORTIONVITH YOUR PAYMENT. DATE DESCRIPTION TIMES UNITS RATE • 08/10/95 Legal Advertising C148145 22 . 83 (Tkacik - 95-146) OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS CURRENT AMOUNT • • • 22 .83 22.83 TOTAL BALANCE DUE WITHIN 15 DAYS BILLED ACCOUNT NO. BILLED ACCOUNT NAME OROVILLE 2050 - Butte Co Planning Mercury-Register BILL DATE P.O. BOX 651 OROVILLE, CA. 9596 08/10/95 - PUBLIC NOTICE BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC'HEARING • N Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, September 14, 1995, in the Butte County Board of Supervisors' Room, County Administration Center 25 County Center Drive, Oroville, Califor- nia,regarding the following items: ITEM ON WHICH'A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED Declaration of Publication 9:00 a.m. -Beth Tkacik-Use Permit In the Superior Court of the State of California to allow full service RV sites, mini market with gas station, storage lot, in and for the County of Butte laundry and bath facilities on prop- erty zoned "U" (unclassified)and S- Mercury Register Legal No. 3953 H (Scenic Highway) located on the ty northeast corner of Pentz Road and Highway 70, identified as AP 041- Case No. 330-017 and 051, Oroville. (CBS) (95-146) The above mentioned application,Neg- ative Declaration, and map-are on file and available for public viewing at the PUBLIC NOTICE office of the Butte County Planning Department, 7 County Center Drive, Oroville,California. If you challenge the above applications in court,you may be BUTTE COUNTY PLANNING limited to raising only those issues you or someone else raised at the public COMMISSION NOTICE OF hearing described in this notice or in PUBLIC HEARING written correspondence delivered to the Planning Commission,at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRYK.HOGAN Sherry Ott PLANNING MANAGER I. Say: No.3953-AUG 10(1t) 1 am over the age of eighteen years and not a party to or Interested In the within matter. At all relevant times 1 was and am the Chief Clerk employed by the Oroville Publishing Co., a cor- poradon, which Is and was the printer and pub- lisher of the Oroville Mercury-Register, a dally newspaper printed, published and circulated in the County *of Butte, State of California. The notice, a copy of which Is attached hereto, was published In said newspaper on the following dates: August 10, 1995 I declare under penalty of perjury that the foregoing Is true and correct: rh T Executed at 0=1119, California th/s 15th day of Aucfust 1995 Adjudication 1126747 Issued 7/52 IJ BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, September 14, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Beth Tkacik - Use Permit to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" (Unclassified) and S-H (Scenic Highway) located on the northeast corner of Pentz Road and Highway 70, identified as AP 041-330-017 and 051, Oroville. (CBS) (95-146) . The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing • described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, August 10, 1995. 7 ock GOLDEN UNION DENNIS McGUIRE Sc ISTRICT BOARD MEMBERS: SUPERINTENDENT 1 LSON BAR ROAD SANDY ENGLUND O VILLE.CALIFORNIA 95965 PETER ELLIS ELEPHONE 1916) 533-3833 ANITA WOLFSON FAX 916 5333887 AMANDA PYLE GLEN ABRAHAM September 12, 1995 Chuck Nelson, Chairman 'Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 Dear Mr. Nelson: The Board of Trustees of the Golden Feather Union School District has directed me to represent our concerns as to the recreational vehicle park being proposed for Pentz Road and Highway 70. We would like to make known our reservations as to the possible impact of the proposed RV park. As you may.be aware, the park will be located within the Golden Feather Union School District. There is a potential for an increase.in the•student population,at both the elementary and.middle schools. - As the .students.. from the .proposed park', would be-.transient. students, .there is a possibility of.,' dditional demands beim, ,laced-u on.school-.resources.,..,,.Transient students, P Y g P P. . because of their continual moving,'canoe behind'in the skills they need to succeed in school and most likely will impact the intervention classes we have for at risk students. The increased number of students without any developer fees being paid to defer the cost of housing the - increase is another issue. An additional concern is the amount of traffic currently traveling Pentz Road and the access that would be put in for turning into and exiting the park. Even with the repair of Highway 70, the possibility of a bottleneck on Pentz Road is a major concern. As parents and buses drop off and pick up students at Spring Valley School, there is an increased likelihood of traffic accidents, blocked roads, and similar congestion problems. The Board trustees are equally concerned with the possibility of the sale of beer and wine at the RV park's convenience store. The possibility that someone would purchase and consume alcohol prior to getting into his/her car is far too real. With the incidence of increasing numbers of drunk drivers on our highways and the number of accidents they cause, we feel this is a potential problem that is unacceptable. Finally, the location of such an.extensive leach field ac11 ross.from the Spring.Valley,School has the,potential of having a negative impact.on the water quality at the school.; `Given the.geology of the area, leach fields above the school's wells only raises the likelihood that contamination might occur. There is also the potential of too many users drawing on a water table that is less than abundant and thus reducing the availability of water necessary to the school. While these Butte County Planning Commission Page 2 of 2 September 12, 1995 last two impacts are difficult to assess, they are real concerns and have the potential of causing major problems and expense. I thank you for your consideration in this matter. INTER-DEPARTMENTAL MEMORANDUM TO: Barry Hogan, Planning Craig Sanders, Planning S FROM: Tom Reid, Environmental Health SUBJECT: Beth Tkacik Use Permit - AP# 41-33-17, 51 DATE: September 18, 1995 On September 14, 1995 the above project was denied by the Planning Commission. If the denial is appealed to the Board of Supervisors and the appeal upheld, the following additional conditions are recommended. The additional conditions address concerns voiced at the Planning Commission hearing. 1 . Provide a groundwater monitoring plan acceptable to the Butte County Health Department, Division of Environmental Health and the California State Regional Water Quality Control Board. 2. Prior to commencing any grading or other onsite activities related to the Use Permit, provide verification to the Butte County Health Department, Division of Environmental Health, that adequate quantities of potable water will be available and that the proposed leachfield for the project can be installed in compliance with Butte County and California State Regional Water Quality Control Board requirements. TR/mlf 1 .................. :- -- �, �.. . u un y L A NI 1) 0 i: I A T L) R A 1. W E A L 'T H 'A PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: 1916)538-7601 FAX: 19161 538-7785 September 18, 1995 Beth Tkacik 8612 Mellow Woods Way Sacramento, CA 95826 lk Re: Use Permit, AP AP 041-330-017, 051, 05-146 Dear Ms. Tkacik: At the Butte County Planning Commission meeting held September 14, 1995 your request for a Use Permit to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property located on the northwest corner of Pentz Road and Highway 70, Oroville, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $250.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10-day appeal period which is at 5:00 p.m., Monday, September 25, 1995. Should you have any questions regarding this matter, please contact this office between 8:00 a.m and 4:00 p.m., Monday through Thursday. Very truly yours, 7 B,arry , ig Ho P I * a7ni g ana er BKH:lr BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, September 14, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON.WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Beth Tkacik - Use Permit to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" (Unclassified) and S-H (Scenic Highway) located on the northeast corner of Pentz Road and Highway 70, identified as AP 041-330-017 and 051, Oroville. (CBS) (95-146) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, August 10, 1995. i F.Q..v.rarx/Gas In"t t zon r).anned lor Hiway rl d Pentz-MagalJa_ Hiiway L Intersection (��`oss from Spring Valley ��`ol ) ~' _��. ^ _`~ PETITION We, the undersigned citizens would like to express our concerns to the Butte County Planning Commission. We feel the proposed �evelopment of an R .V. Park and gas station (commercial facility) at or near the corner of Hiway 70 and Pentz roads should be thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area . We would appreciate the' attbntion of the commission to the issues of traffic congestion and safety, population density, school crowding , water source quality, and sanitation as they might be impacted by the presence of a development of this kind in a neighborhood currently composed mainly of single family dwellings . C-3 � ' /� ' -- - - c� 4 Z)7� � F� � AA .4duig:�& 4��CAAI AO &ne' ?/1.,'7-1: S ';�"O '340 o' Q_C_ IV 4 LA r ) r • e r r • + Y 1 1 1 ��/• • '" y •� �. , . f 'r 3i JJ L1 i • • \,' .�a. t i.• Y- i �� .=_l�.'. •'J•:' •�� '• - • '� �1 �� `��•_ � .0 Y 1• i tl � f � •�t�f ' 1 . '-e`. /! � It � , ,•J r . , if i „ , . , R.V. Park/Gas Station Planned for Hiway 70 and Pentz-Magalia H�wa(�~ ^ ` Intersection ross from Spring Valley 1ool > ' `�' PETITION We, the undersigned citizens would like to express our concelrns ~ to the Butte County Planning Commission. We feel the proposed development of an R.V. Park and gas station (commercial facility ) at or near the corner, of Hiway 70 and Pentz roads should be thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area . We would appreciate the att�ntion of the commission to the issues of traffic congestion and safety, population density, school crowding , water source quality, and sanitation as they might be impacted by the presence of a development of this kind in a neighborhood currently composed mainly of single family dwellings. TJ�� V `��/^-c__� / /| 4 7\ f� kjP-Ll MI &MA) Riel ��Jo-Ud CZY\C-00 A)d YOU 6,17 ETT -Tj 7-9 4 V� i t � r r { 10 _ . r 1 r � � k C'3-tation Planried 'for ldiwiav 7C.) (aces-ii.i -from Sprii--ig Valley S C,-1--* F"E*T I T I'C)NI We, 1;1-1e to the Butte! Couknty Plannirig - S;t U1 ai R ,.V. Pa.rk a ri d g a-:S on (D n ni e r c i I -f:.3.c i .1. J.-1, --ie:: r co-rrier ol: Hit_,jav -"C aiicl' P"E-1 I t r C.. E -),:I Ci--s shtc.)ul.c.11 be a o T 1 11 r c)ut gl h I v E.-I*z--:-)t- 'i y-- e d r..j r i c.)r o --a i--i y I-D e r im i t ti-.-.> b-c-,ing J.ssluc�d c. )tsj:i.rig thi-s type c 4: consi-t--rt..tc.ti c:)!i J.ri r-e s i d t i ra c---'a Wii I n taic"u.1.cl al r e i.:3.t,e '1;1.1:::! t,t c..?i--i t:i c)n o-f •L-1'-1(.-.-2 C:c)M M 1.SS t c.) t h i t.5 S -1 A;rz:-f-f J.c c.:c)i and sZ--:. ltlt-_yr, .. e- c r a!})d i rt g , w -1;e T, s a,u r f q,ua..1 J. t y� la n d s: t I i e-_,v i n i g h ic h j J.int)I-i c t e d b y -1:his? 1::)r e,�:i e n c e o 1, a dc-- v e 1.a p in F-n t C.)f t-1--i j.si ki i--)c.1 J.n a nc.-ighborhood CUrrently cot-ripased mainly of inI e- a m -v cl vi e I I j.n a s A AT) SEss De Ca_ 9P....... Iv 'I 13 . _. - ---./ �� .__ _ cam- . .�. ��d�l C?4��ids V 9 Oc- � R.V.Park/Gas 1:3tation Planned for Hiway 70 arid Pentz-Magalia Hiway Intersectioi ross from Spring Valley ��ool ) PETITION � We, the undersigned citizens would like to express our concerns to the Butte County Planning Commission. We feel the proposed development of an R.V. Park and gas station (commercial facility) at or near the corner of Hiway 70 and Pentz roads should be thoroughly investigated prior to any permits being issued � allowing this type of construction in a residential area . We � would appreciate the att -�ntion of the commission to the issues of � traffic congestion and safety, population density, school � crowding , water source quality, and sanitation as they might be impacted by the presence of a development of this kind in a neighborhood currently composed mainly of single family ' dwellings. 8D /KT7 ~ ^� /� N /�7U � �� Tr��`° � `~ ^ ,~ ` . '�=_ Al A - CR n� aim Dal fy,�Qx PC Qog3 IV-16Y-11 /7 60d 9/6 )0j Y.,,. r-,,a 14"fA 11 �nn AM 11A 0 u CM ---------'-------- ----'---' � L----------- '-----'----�'' � | � •�:.� �I -;�- - 1 . ; �_ � ( - - r• � � i i � � � r 1 � r � i a I•• � J � J. 1 r _ 1 t it t_ ( � 'I`� � � ,f + L 1 5 � ' , , � , r 1 ` + I 1 r , ` ' � , ♦♦♦ �� • , t r ([ l ` r 1 � , i, ` ,\ • , � \ + 1 ` + � • f. ' + y 1 -• 1 ` , � I - 1 ,. - , _ a . Hiway 7 d Pentz-Magalia Hiway - -"~ Intersection ross from Spring Valley 000l ) PETITION We, the undersigned citizens would like to express our to the Butte County Planning Commission. We feel the proposed development of an R.V. Park and gas station (commercial facility) at or near the corner of Hiway 70 and Pentz roads should be � thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area . We would appreciate the attLntion of the commission to the issues of traffic congestion and safety, population density, school crowding , water source quality, and sanitation as they might be � impacted by the presence of a development of this kind in a neighborhood currently composed mainly of single family � dwellings. NA -- `' --- ----- -- — - �� A 7\ (Z Es s 4 n r Y� ' S 1 � F 9 RA• p y,,, �� i �, c� r , We, the undersign�d citizens would like to �"xpress our concerns ' to the Butte CoLlnty Planning Comm�ssion. We feel the proposed developmentof an R.V. Park and gas station (commercial facility) at or near the corher of Hiway 7A) and� �Pentz roads should be thoroughly investigated prior to any permits being issUed allowing this type of constrLAction in a residentiaI areaWe would apprec�iate the �tt�ntion of the commission t� the issues of traffic congestion andsaf6ty, popul ion density, school crowding , water source qualitv, and nitation ��s they might be impa�ted bythe presence of' a dev'elop/ ent bf th�s kind in a ' neighborhood cC,rrently composed mainly of single family dwellings . . / °~-� ' ` i . t I , (► , ?•. � .. .Y e � - � r � _ rC ye ��., .. r 'ti� • ' -9 li• }} i• - '3 lid^ t � • _ • • � a r a • .+� • r .� t. �� 1�n. II`i t i S ��' �d. � , � V r�'a. �.,� R.V. Park/Gas Station Planned for Hiway 70 and Pentz-Magalia Hiway Intersectionross from Spring ValleyJ110 �� . �� PETITION We, the undersigned citizens would like to express our concerns to the Butte County Planning Commission. We feel the proposed development of an R .V. Park and gas station (commercial facility) at or near the corner of Hiway 70 and Pentz 'rqads should be thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area . We would appreciate the attention of the commission to the issues of traffic congestion and safety, population density, school crowding , water source quality, and sanitation as they might be impacted by the presence of a development of this kind in a Al A 71 W71 R.V.Fla rk/Gas Station Planned for Hiway 70 Pentz-Magalia Hiway Intersection (afrom Spring Valley Sc��l ) �mwr PETITION ` We, the undersignedcitizens would like to express our concerns to the Butte County planniiig Commission. We feel the proposed development of an R.V. Park and gas station (commercial facility) at or ne�r the corner of Hiway 70 and Pentz roads should be thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area . We would appreciate the attention of the commission to the issues of traffic congestion and safety, population density, school crowding , water source quality, and sanitation as they might be impacted by the presence of a development of this kind in a neighborhood currently composed mainl'y of single fami ly dwellings ^ � � .. . , w _ - ` _ R.V.Park/Gas Station Planned for Hiway 70 J Pertz-Magalia Hiway Intersea��ss ction ( from Spring Valley Sc��l ) �� ~ PETITION ^ We, the undersigned citizens would like our conc�rns to the Butte County Planning Commission. We feel the proposed development of an R.V. Park and gas station (commercial facility) at or neEkr the corner of Hiway 70 and Pentz roads should be thoroughly investigated prior to any permits being issued allowing this type of construction in a residential area would appreciate the attention of the commission to the is ~ . traffic congestion and safety , population density, schoo crowding , water source quality, and sanitation as they mi ` impacted by the presence of a development of this kind in a - neighborhood currently composed mn aiPy of single family dwellings. � c� 4T)7\ ` .� F{� � . . . `� --_- ~ � -- ____----___- ` � ^ ^� x� --------------- 411, ________________ � r^ ' --_'----___'--__- _-_--_--'_-'---__--__--- �� ' - - --'- - -' --'---'-------------- ' . � � v N � \ '---- -- --------- -- -----------'--��NN�,--' ' -__ �' -r' - ' , ^~ � -�- � | � ' - ' - - - - ------- '- f .. .�.rte � �.•� ' fi .r+ 1 Q S y ' . r x 7C .,ricl F"I E--�n t z I'l a 9 a J. j.a 1 1 i X13. y- R .V., Pa-r-1.::/Ga----i Otaktion Pla.nned H J.w, T niers e c t i o n r o s sii -f r o rr, ;p r i n.g Vz, I I ny o .7 PET I T I ONI t.hie LAnder_5.ignec-I C7.til-YE2171" UIJ(JUICI lil-::e OUP t'O BUIAE COutrity Plai inir)g We feel t.l.-le v(._-..'. oj::)fnent of an R.V. P:R.Y-I.:: and gas t-tat-ion (cc)im fn c-2*(,c:i. l fjci1. -it .at i..)T-, thc.? -co-rner of Hiway 70 and rC)-_.RdS 5h(-)Ul.d be t!"10PO1-(I31-Ily invE-_,stigs.ted prior to any perl-T-lits being iSsUed allowing this type of C0r_lcStPUC-tl0.n '11-1 Zi W wo,ulcl ailt(i3ntion of the cr.)mmissicin to th!� :is sute.-75 of t Y"a f1:J.c. c o i icjetLition 1--and savf-ety ) IDOPLAIIR-Li CK) Cy'lowd.-Lriq , (Amiter, -=cjurce quality, -and sartit.-aticin tl tuzy ini(sht- be L)y thcz? ;ence c_)f a development, ol, tl.-)J.i..: J.F) 1:1 neicifiborhood CUrPently composed mainly of 'InImily cl wel. '.I. j.ng s A T) �ES - eta�ep oo (Ile <q(o ---------- LAND OF NATURAL W E A L T H ASID BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 August 17, 1995 FAX: (916)538-7785 Beth Tkacik 8612 Mellow Woods Way Sacramento, CA 95826 Re: Use Permit, AP 041-330-017, 051, 95-146 Dear Ms. Tkacik: Enclosed is a copy of the Staff Findings concerning your application for a Use Permit to allow full service RV sites, mini market with gas station;. storage lot, laundry and bath facilities on property zoned "U" and S-H located on the northeast corner of Pentz Road and Highway 70, Oroville. A public hearing has been set for September 14, 1995 at 9:00 a.m. This meeting will.be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the -applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager Craig B. anders Senior Planner CBS:Ir Enc. cc: A & Q Engineering Morgan Lewis t 1 LO-29 D12-DV 1 z-UC- piS`3 (oS� T4K C,I K D ;Pr'\ \ooh seat toatlde �e %e a t I e Tartlet Symatcros:(uSpecific. objective, Severity, frequency) S1. S2. S3. Objectives: (Measureable objective related to each symptom al S1. S2. S3. Short-term Goals ung-term Goals Estimated Duration of Treatment Interventions (Indicate Responsible Discipline)lndividual_ Medications None 11 Yes_,11D1' Other (specify) Tentative Discharge Flan Diagnoses:Mmber in order of priority: 14timarv, etc- Do no • • Planning Division To : Honorable Chair. and--Pla-nning Commission SEP 11 1995 From: Residents of Pentz Rd. and Hwy 70 Oroville, Calitomia Date : September 4 , 1995 Regarding: Use Permit for Beth Tkacik on APN 041-330-017 For : Planning Commission Meeting of September 14 , 1995 Dear Commissioners , The residents in the area immediately surrounding this project are vigorously opposed to this type of development . We do not - believe-. that the .type of use requested is compatible with the existing surrounding uses or future uses . The current land use is primarily *ural residental and includes an elementary school . - A development of this type is not consistant with historical or present. ' land useage . The residents have a variety of environmental concerns in regards to this development . Since the ' area is rural residental . and. cloes .include an- elementar3 - school the residents believe a pro.j-ect ."of this scope will have a direct , kong term and adverse affect on _ the environment and- on the residents . DRAINAGE: In - years of heavy .rains -the' current drainage system to carry water - off of the east .side of Pentz Rd . is - inadequate . This results - in a .-largep'ud:dle . of water forming on Pentz Rd. The puddle is directly -i-n line _wi.th . the elementary school.' s secondary driveway. In .order" to ,drain the- water. crosses the road and flows down this secondary driveway-. .The .results from this backlog of water are flooding of parcel .041 330 044 (which now has a single-family dwelling on it ) and .severe slowing of traffic .. The area in� question is also in. l.i-ne of the proposed development of a left-hand bubble .for the RV park. . In addition , according to the *.site plan map submitted by A&Q Engineering there is . an area to be used as a leach field and septic system right next to Pentz Rd. , at the entrance to the RV park. This 'area. is in close proximity to a drainage course for water flowing off of .the road. Water currently flows over an existing road that is part of *the proposed development . There is no culvert to carry this seasonal runoff . To have a leach field and or septic tank in this area would not be advisable . If there was a failure of this particular septic system contamination of ground water and the season creek could occur . This system is -Page : I:--- ul;stream from the wet used by the school and aSesidence . +. TRAFFIC: The corner of Hwy 70 and Pentz Rd. , is a dangerous - , intersection. Due to the severity of the right hand turn off of Hwy 70 onto Pentz Rd . Accidents occur at this location on a regular basis . Mostly the accidents are in the form of vehicles traveling too fast on the downgrade of Hwy 70 and striking the guard rail on the west. side of Pentz Rd. Having a business such as an RV park at the proposed location , requiring RV' s traveling west on Hwy 70 to make that right-hand turn will increase the potential for accidents at this intersection . A convienence store with gasoline , will increase traffic . Vehicles travel at a great rate of speed in the area due to the downgrades and lack of signage . There are no speed . limit signs for the school zone or, the rigFit_-hand turn onto Pentz Rd . Since there are school buses as well as additional school related traffic entering and exiting Pentz Rd . directly adjacent to the proposed business an increase of traffic to' the magnitude associated with this type of business is not safe for the children of the school or residents of the area. GROUND WATER: The availability of ground water in the area . is limited at best . The Spring Valley Elementary School currently has three wells : These wells very in depth to 700 feet . However the amount of water from the wells is barely - adequate for the current student population. The water from."- the wells is not adequate for •fire protection for the . school : Water for this _purpose :comes from -the- Miocene ditch. .Without this . water source the school '.wou:ld 'not' have the. water mandatoifor fire protection requirements . 'Other—wells in' .the area commonly run over 400 feet and often -barely 'meet requirements -for si.ngl-e family households . Residents-: are. worried that in a effort: to- acheive enough water to operate—a business of this nature an . overdraft of the scanty water table-- could. occur . Not. only would this effect residents but more ianportantly is the possible effect on the school ' s water if an overdraft-- were to. occur . NOISE : Currentl-y the area receives standard Toad- noise from Hwy 70 and Pent-z Rd . .Also trains traveling on - the Southern Pacific- tracks acifictracks do ' add occassional noise . The noise is minimal and intermittent . Weekend traffic as well as commuter traffic raises the noise level . However early mornings and nights are generally quiet . A business of this the type, will dramatically increase the noise level . The increase of traffic alone will adversly affect the current noise level . An added factor is the geological form of the area in question which is in a natural "bowl " in the foothills . Sounds carry readily in this area . LIGHTING: Residents of Pentz Rd . and Hwy 70 do not use any bright - :-Pag.e -2-_ outside lighting at n ht . Lighting at the eleme ary school is non-white , and is shiwled. The impact of lightio on homes in the area from the proposed business would be immediate , harsh and long term. Lighting associated with this type of business would. _.:.-_- be a constant intrusion on the rural residents . The residents of Pentz Rd. are opposed to the requested Use Permit for this type of business . Residents believe land use ` `should remain consistant with current useage . However if The Planning - Commission should choose to grant a Use Permit for this type of business without community support we would demand that you implement the following provisions to any Use Permit issued for this proposal . ... A) DRAINAGE: A permanent solution to storm water drainage off of Pentz Rd. be included in alteration of Pentz Rd . for a left-hand bubble . Secondly that the- plan —for the leach field and septic tank directly next to Pentz Rd . be altered to prevent conflict with existing drainage patterns . '- B) TRAFFIC: Proper -speed signs be requested of Cal Trans to .reduce the possibility of accidents . C) GROUND WATER: .A study of actual available ground water to support this type of , developme.nt .be undertaken . :D) NOISE: The - hours' ' of operation for the gas station/store portion of the .development be limited to provide for adequate .periods of rest- for the residents . For example ; store hours in winter 8 a.m. t.o .8 p.m. , in summer , 7 a.m. to 9 p. m. .,D) LIGHTING:. Any outside lighting used by this business ( included lighting for signage ) be of a shielded , non-white nature . The residents of Pentz Rd. and Hwy 70 have sincerely submitted these points of concern and recommended mitigation measures . We request that The. Planning Commission notissue a Use Pe-rmit. , for..: this type of development . In the advent one should be issued we. hope you will honor our concerns and requests . We believe further study of the proposal should be undertaken as the environmental - impact from the project will be encompassing and long term. Prepared by: Laura-Lyn Burch QGlJ�.tC- Read and Signed by the following area residents : ( See attached pages ) - -Page 3- Sten R. Smith Caro I . Speer-Sm i th 115 Smith Hil 'riLn . Orov i I I e, Ca 95965 Philip R. Sutton Diana L. Sutton 38 Smith Hill. Ln . Oroville, Ca . 95965 Luther R: Smith Beulah A : Smith 81 Smith H i I I Ln, Orovi. Ile, Ca 959.65 Irene Joyner 30 Smith H i l l Ln . Orov i I I e, Ca 95965 ca-f rc� . °� h7� �✓e 02 (o ?e ,n�z�c� %_A_ 1 �A Jim Burch Laura-Lyn Burch 2772 �E-A.J7-Z ��_ - - - -- 2772 Pentz Rd . ' QP-0 Orov i I I e, Ca 95965 h Dan Ragan . Cheryl Herrera 2781 Pentz Rd . v%n `� Oroville, Ca 95965.3 C� rw Cha.y Nguyen. Ho Nguyen 2745 Pentz -Rd . s -Orovi. Ile, Ca 95965 aclo, E l l a m a r i e W i l s o n 2772 Pentz Rd.. t � - Oroville, Ca . 95965 - OLDEN UNIA, DENNIS McGUIRE Sc IS 1 MCT BOARD MEMBERS: SUPERINTENDENT 1 LSON BAR ROAD SANDY ENGLUND O VILLE.CALIFORNIA 95965 PETER ELLIS ELEPHONE 19161 533 3833 ANITA WOLFSON AMANDA PYLA FAX(916)5333887 GLEN ABRAHAM September 12, 1995 Chuck Nelson, Chairman Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 Dear Mr. Nelson: The Board of Trustees of the Golden Feather Union School District has directed me to represent our concerns as to the recreational vehicle park being proposed for Pentz Road and Highway 70. We would like to make known our reservations as to the possible impact of the proposed RV park. As you may be aware, the park will be located within the Golden Feather.Union.School District. There is.a.potential for an increase in the student population at both the elementary and.middle schools. ..As' the 'students from the :proposed park. would be transient students, .there is .a possibility. ;of:additional .demands .being placed..upon' school..resources. Transient students, because of their continual moving,'can be behind iii the skills they need to.succeed in school and most likely will impact the intervention classes we have for .at risk.students. The increased number of students without any developer fees being paid to.defer the cost of housing the increase is another issue. An additional concern is the amount of traffic currently traveling Pentz Road and the access that would be put in for turning into and exiting the park. Even with the repair of Highway 70, the possibility of a bottleneck on Pentz Road is a major concern. As parents and buses drop off and pick up students at Spring Valley School, there is an increased.likelihood of traffic accidents, blocked roads, and similar congestion problems. The Board trustees are equally concerned with the possibility of the sale of beer and wine at the RV park's convenience store. The possibility that someone would purchase and consume alcohol prior to getting into his/her car is far too real. With the incidence of increasing numbers of drunk drivers on our highways and the number of accidents they cause, we feel this is a potential problem that is unacceptable. Finally, the location of such an extensive leach field across from the Spring Valley School has the.potential of having a negative impact on the water quality at the school. Given the geology of the area, leach fields above the school's wells only raises the likelihood that contamination might occur. There is also the potential of too many users drawing on a water table that is less than abundant and thus reducing-the availability of water necessary to the school. While these P' s�y� Butte County Planning Commission Page 2 of 2 -September 12, 1995 last two impacts'are difficult to assess, they are real concerns and have the potential of causing major problems and expense. I thank you for your consideration in this matter: . , . Planning Division To: Honorable Chair and Planning Commission SEP 1 1 1995 From: Residents of Pentz Rd. and Hwy 70 Omvill@, Catifomia Date : September 4 , 1995 Regarding: Use Permit for Beth Tkacik on APN 041-330-017 For : Planning Commission Meeting of September 14 , 1995 Dear Commissioners , The residents in the area immediately surrounding this project are vigorously opposed to this type of development . We do not believe that the type of use requested is compatible with the existing surrounding uses or future uses . The current land use is primarily rural residental and includes an elementary school . A development of this type is not consistant with historical or present land useage . The residents have a variety of environmental concerns in regards to this development . Since the area is rural residental and does include an elementary school the residents believe a project of this scope will have a direct , kong term and adverse affect on the environment and on the residents . DRAINAGE: In years of heavy rains the current drainage system to carry water off of the east side of Pentz Rd . is inadequate . This results in a large puddle of water forming on Pentz Rd. The puddle is directly in line with the elementary school ' s secondary driveway. In order to drain the water crosses the road and flows down this secondary driveway. The results from this backlog of water are flooding of parcel 041 330 044 , (which now has a single-family dwelling on it ) and severe slowing of traffic . The area in question is also in line of the proposed development of a left-hand bubble for the RV park. - In addition , according to the site plan map submitted by A&Q Engineering there is an area to be used as a leach field and septic system right next to Pentz Rd. , at the entrance to the RV park. This area is in close proximity to a drainage course for water flowing off of the road. Water currently flows over an existing road that is part of the proposed development . There is no culvert to carry this seasonal runoff . To have a leach field and or septic tank in this area would not be advisable . If there was a failure of this particular septic system contamination of ground water and the season creek could occur . This system is -Page 1- /71- qs- upstream from the we 0 used by the school and a&sidence . TRAFFIC: The corner of Hwy 70 and Pentz Rd. , is a dangerous intersection. Due to the severity of the right hand turn off of Hwy 70 onto Pentz Rd. Accidents occur at this location on a • regular basis . Mostly the accidents are in the form of vehicles traveling too fast on the downgrade of Hwy 70 and striking the guard rail on the west side of Pentz Rd. Having a business such as an RV park at the proposed location, requiring RV' s traveling west on Hwy 70 to make that right-hand turn will increase the potential for accidents at this intersection. A convienence store with gasoline , will increase traffic. Vehicles travel at a great rate of speed in the area due to the downgrades and lack of signage . There are no speed limit signs for the school zone or the right-hand turn onto Pentz Rd . Since there are school buses as well as additional school related traffic entering and exiting Pentz Rd. directly adjacent to the proposed business an increase of traffic to the magnitude associated with this type of business is not safe for the children of the school or residents of the area. GROUND WATER: The availability of ground water in the area is limited at best . The Spring Valley Elementary School currently has three wells . These wells very in depth to 700 feet . However the amount of water from the wells is barely adequate for the current student population. The water from the wells is not adequate for fire protection for the school . Water for this purpose comes from the Miocene ditch. Without this water source the school would not have the water mandatory for fire protection requirements .. Other wells in the area commonly run over 400 feet and often barely meet requirements for single family households . Residents are worried that in a effort to acheive enough water to operate a business of this nature an overdraft of the scanty water table could occur . Not only would this effect residents but more importantly is the possible effect on the school ' s water if an overdraft were to occur . NOISE: Currently the area receives standard road noise from Hwy 70 and Pentz Rd. Also trains traveling on the Southern Pacific tracks do add occassional noise . The. noise is minimal and intermittent . Weekend traffic as well as commuter traffic raises the noise level . However early mornings and nights are generally quiet . A business of this the type will dramatically increase the noise level . The increase of traffic alone -will adversly affect the current noise level . An added factor is the geological form of the area in question which is in a natural "bowl " in the foothills . Sounds carry readily in this area. LIGHTING: Residents of Pentz Rd. and Hwy 70 do not use any bright -Page 2- . �L �� . ,. ., ' r ., ,t, ,`�. � .. .. Y .t �. _ � � - � _ � y _ . / , - � f� , � - Y -' .. -1 - - i . i I i i � � .. _ - � _ _ .. � _ � � _ _ �t - - .. _ .. � .. - ��'- 1 '�. .. I outside lighting at *ht . Lighting at the elemewry. school is non-white , and is shielded. The impact of lighting on homes in the area from the proposed business would be immediate , harsh and long term. Lighting associated with this type of business would be a constant intrusion on the rural residents . The residents of Pentz Rd. are opposed to the requested Use Permit for this type of business . Residents believe land use `should remain consistant with current useage . However if The Planning Commission should choose to grant a Use Permit for this type of business without community support we would demand that you implement the following provisions to any Use Permit issued for this proposal . A) DRAINAGE: A permanent solution to storm water drainage off of Pentz Rd. be included in alteration of Pentz Rd. for a left-hand bubble . Secondly that the plan for the leach field and septic tank directly next to Pentz Rd. be altered to prevent conflict with existing drainage patterns . B) TRAFFIC: Proper speed signs be requested of Cal Trans to reduce the possibility of accidents . C) GROUND WATER: A study of actual available ground water to support this type of development be undertaken . D) NOISE: The hours of operation for the gas station/store portion of the development be limited to provide for adequate periods of rest for the residents . For example ; store hours in winter 8 a.m. to 8 p.m. , in summer , 7 a.m. to 9 p.m. D) LIGHTING: Any outside lighting used by this business ( included lighting for signage) be of a shielded, non-white nature . The residents of Pentz Rd. and Hwy 70 have sincerely submitted these points of concern and recommended mitigation measures . We request that The Planning Commission not issue a Use Permit for this type of development . In the advent one should be issued we hope you will honor our concerns and requests . We believe further study of the proposal should be undertaken as the environmental impact from the project will be////�� encompassing and long term. Prepared by: Laura-Lyn Burc'�h ' & Read and Signed by the following area residents : (See attached pages ) -Page 3- V � ♦L � ♦ 1 � � . t a r �, � - • + � � � r ' � � :!� - - ' - 'r ; � - � � r � r w t. - , -"2 V � 1 � � � � ' _ � 7 (' y ' .- � - I � � l i p ea � .. `� _ R _ tiY �.: _ ..` Steven R . Smith (L11-0 Carol Steer-Smith G�?�� 115 Smith Hi l ;I: iLn . Orov i I I e, Ca 95965 Phi IiP R : Sutton Diana L . Sutton 38 Smith Hill L n . Oroville, Ca . 95965 Lq Luther R . Smith Beulah A . Smith . ' 81 Smith Hill Ln . ff/ Oroville, Ca 95965 Irene Joyner Y ,3e' .<,- � � 30 Smith Hi I I Ln . Orov i I I e, Ca 95965 I �0-Me5 ecx.j '776 a-7-2 c� �� ►�+Z til - . r I . 1 r � �i� ., �.;_ � -Gl. _ ✓C,�./ �^ Jim Burch 272, �cti�Z �� Laura—Lyn Burch ��.. 2772 Pentz Rd . Ole-0i �p S . Orov i I I e, Ca 95965 Dan Ragan Cheryl Herrera 2781 Pentz Rd . Oroville, Ca 95965 ow - Chay Nguyen _ Ho Nguyen 2745 Pentz Rd . / Oroville, Ca 95965 E I I a m a r i e Wilson 2772 Pentz Rd . Orov i I I e, Ca . 95965 L r r f Jl ;� t � ,� �►, �" �j,� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION COMMENT SHEET ' TO: DATE: August 16, 1995 AP NO.: 041-330-017 &051 RETURN BY: September 16, 1995 PROJECT DESCRIPTION: Use Permit - File# 95-146 APPLICANT: Beth Tkacik ENGINEER: A&Q Engineering - Mark Risso CONDITIONS AND/OR COMMENTS: LD 1170 (6/92) BY: BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, September 14, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following items: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - Beth Tkacik - Use Permit to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" (Unclassified) arid S-H (Scenic Highway) located on the northeast corner of Pentz Road and Highway 70, identified as AP 041-330-017 apd-95-1;•Oroville. (CBS) (95-146) The above mentioned application, Negative Declaration, and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California: If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Oroville Mercury on Thursday, August 10, 1995. A & Q ENGINEERING • Civil Engineers 1280 E. 9th Street Chico, CA. 95928 893-0631 June 22, 1995 Department of Development Services Planning Division County of Butte 7 County Center Drive Oroville, CA 95965 Attention: Craig Sanders Reference: Use Permit - AP No. 041-330-017-051 Tkacik Dear Craig, I have discussed the mitigation measures proposed in the County's environmental document with my clients, and the mitigations are acceptable. Please process the application for public hearing as soon as pos- sible.. Sin re 'M k E. Risso MER:ch cc: Lewis Planning Division JUN 2 3y � OroWile, �ic111�L1 i iem! ty u a Otl1Z PLANNING DIVISION June 20, 1995 DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: 1916)538-7785 Morgan Lewis P.O. Box 2115 Roseville, CA 95746 ReX.P. AP No. 041-330-017 &051, Beth Tkacik Dear Morgan Lewis: The attached Initial Study for your proposed project identifies potentially adverse environmental impacts. To reduce or eliminate these impacts, suitable mitigation measures or project alternatives/modifications are required as part of this project. Otherwise, an Environmental Impact Report (EIR)is required pursuant to the California Environmental Quality Act. The mitigation measures proposed for your project are included in the InitialStudy. The Planning Division will now proceed forward with scheduling the project for hearing and preparing a staff report and recommendation. Should you have any concerns or recommended modifications to any mitigation measure for our'consideration, please contact this office within 15 days from the date of this letter. Should you have any questions regarding this matter, please contact the project planner between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager BKH:lt Enclosure cc: A&Q Engineers cc: Beth Tkacik Planning l?prartm€nt JUN 2 U .9995 oFovdao ,"w-Aurnia . UP: Tkacik, File #95-146 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: Beth Tkacik B. Project No. (If applicable) and AP No.: File # 95-146,A.P. 041-330-017 & 051 C. Address of Applicant and Representative (if applicable): 8612 Woods Way Sacramento CA 95826; A & Q Engineering 1280 E. Ninth St., Suite C, Chico, CA 95928 D. Project Description and Location: This is a' Use Permit to allow a full service recreational vehicle park,mini- market with gasoline sales, storage lot, laundry and bath facilities. The applicant has proposed phasing this project. Phase 1 includes 51 R.V. spaces, a small tent area, a 1300 square foot mini-market with gasoline and butane sales, and a caretakers residence. The residence is a permitted use and need not be considered in this evaluation. Fourteen of the spaces will have full hook-ups and will be suited for long term stays of up to 30 days. The balance of the spaces will most likely be used for overnight or limited stays of less than a week. Phase 2 is not under consideration at this time and is therefore not addressed in this document. Phase 1 will be located entirely on A.P.041-330-017,a 4.2 acre parcel. The property is located at the northerly corner of the intersection of Pentz Road and Hwy. 70, in the unincorporated area of Butte County. Surrounding uses include open land and railroad tracks to the north, open lands to the east and west, and an elementary school to the southwest, across Pentz Road. Access to the site is off of Pentz Road. Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe Response: The proposal will not require any excavation, use of explosives. Any fill placed on site for road or for R.V. pads will have to meet the requirements of Chapter 70 of the Uniform Building Code and will be compacted to accepted engineering standards and will not represent a hazard. Therefore, the project will not create any unstable earth conditions or result in changes to geologic substructures. Mitigation: None required. b. Disruptions, displacements, compaction or overcovering of the soil? Yes No Maybe X Response: It is estimated that approximately 85% of the site will have some type of soil disruption as a result of this project. Most of the soil work will not involve large amounts of cuts or fills,as the site is already level in those areas proposed for R.V. pads. Minor grading for roads and site preparation will be required as will some excavation for additional leach trenches for sewage disposal,and to provide water for domestic and fire fighting purposes. These area 0 ■ Butte County Development Services Department Planning Division . 1 UP: Tkacik, File #95-146 short term impacts and the effects can be easily managed through the use of a best management plan prepared by a civil engineer to address erosion control. All roads within the Park will be either chip seal or paved. This, along with parking areas and proposed structures,will result in moderate overcovering of the site. Additional stormwater run-off will be generated by this impervious surfacing. The impact to drainage facilities is discussed in item 3b. Mitigation: Prepare a detailed grading plan to be reviewed and approved by the Butte County Department of Public Works and a Best Management Plan to address erosion. Implement the approved erosion control measures during site construction. C. Substantial change in topography or ground surface relief features? Yes No X Maybe Response: The proposal will not significantly affect topography or ground relief features because the areas to be developed have already been leveled. Only minor grading will be requires for the project. Mitigatign: None required. d. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: The site has no unique geologic or physical features and therefore none will be affected by the project. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils, either on or off-site? Yes No Maybe X Response: As discussed in item lb of this document, significant area of soil disruption will occur during construction of this project. Soil erosion could be one of the adverse effects resulting from construction activities. The soils on site are classified as having a high erosion potential and the area does receive an average of 40° of rain. In addition,a well defined seasonal drainage course with associated riparian vegetation traverses the property from east to west. The vegetation, especially blackberry bushes, is very thick and in some places obscures the water course. A small earthen dam forms a pond near the southerly property boundary of the site. There is an existing paved walkway that follows the drainageway on its northerly side. Detrimental effects of erosion can be easily avoided through the use of accepted erosion control methods used by good civil engineering practices. Avoiding soil disruption near the drainage course on site will avoid siltation impacts. The site plan for the project shows one road crossing the water course. A streambed alteration permit from the California Department of Fish and Game will be required for any work done within the stream channel. Mitigation: Structures,dumping,fill material,vegetation removal and/or excavation shall be prohibited within 25 feet from the top of bank or outer edge of the riparian vegetation,whichever is greate,with the following exceptions: 1. Vegetation removal necessary for flood control is permissible within this area,however,all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal. 2. Any stream crossings with roads or driveways must first obtain a streambed alteration permit from the California Department of Fish and Game. 3. The applicant may construct walking paths and install picnic benches within 10 feet of the creek. E Changes in deposition or erosion of beach sands, or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No Maybe X ■ Butte County Development Services Department . Planning Division . 2 UP: Tkacik, File #95-146 Reponse: An intermittent stream/A creek traverses the property which could be affected by erosion or siltation from development activities associated with road and R.V.pad construction. Erosion impacts ar discussed more fully in item le above. The mitigation measures proposed under item le will reduce the erosion impacts to a less than significant level and no modification to the stream channel on site will occur. Minor changes to the channel could occur as a result of constructing a new road or driveway crossing. If the project applicant proposes any construction within the streambed, they must first obtain a streambed alteration permit from the California Department of Fish and Game. This will ensure that work done within the streambed will conform to current accepted environmental practices. Mitigation: See the mitigations for items lb and le. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Reponse: This project site does not contain prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides, ground failure, or similar hazards? Yes No X Maybe Res nse: The Butte County Seismic Safety Element indicates an inferred fault running near the southerly property boundary. This fault has not been verified nor is it visible on aerial photographs. However,all of Butte County is still classified as a Moderate Earthquake Intensity Zone VIII and potential ground shaking is possible. All permanent construction will have to meet the requirements of the Uniform Building Code. Those standards will provide adequate protection to occupants in case of seismic activity. RVs and motor homes will not be subject to any special requirements because of their mobile nature. Mitigation: None required. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Resg nse: The proposal will not significantly affect air quality. The facility will cater to the travelling public who are, by definition,producing air emissions. It is anticipated that most of the users of this park will be people who are already travelling Hwy. 70. This is not seen as a destination site by itself and would therefore not result in any significant deterioration in local air quality. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe Respsnse: Motorhome generators can produce objectionable odors,however,not significantly. The park will have water and electricity hookups to all sites. Motorhomes and R.V.s will not need to use their generators when visiting. Mitigation: None required. C. Alteration of air movement, moisture, temperature, or any change in climate, whether locally or regionally? ■ Butte County Development Services Department ■ Planning Division ■ 3 UP: Tkacik, File #95-146 Yes No X Maybe Response: Only large projects such as the construction of a large high-rise buildings,the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously none,would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. Mitigation: None required. 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in fresh waters? Yes No Maybe X Response: An intermittent stream/A creek traverses the property. One stream crossing is proposed. Any changes to the channel will require a streambed alteration permit from the California Department of Fish and Game. Mitigation: See the mitigation for item le. b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No Maybe X Response: All roads within the Park will be either chip seal or paved. This,along with parking areas and proposed structures, will result in moderate overcovering of the site. Additional stormwater run-off will be generated by this impervious surfacing. Storm water runoff will be directed to the drainage course that traverses the site potentially increasing the peak storm flow of the drainage course. This has the potential to affect downstream properties. This impact can be mitigated by designing a stormwater runoff system that retains the water until the peak flow has past and then releasing the retained water. In addition,Cal Trans has stated that an 8" down drain and a 30"cross culvert form Hwy. 70 both discharge to this property. These drainage flows must be accounted for and their pattern of flow perpetuated. Mitigation: Prepare a drainage plan that provides a permanent solution for drainage that will not result in any increase in peak flow runoff volumes over that of pre-development levels and maintains the flows of the existing drainage coming under and off of Hwy.70. The plan must be submitted to,and approved by the Butte County Department of Public works prior to issuance of the Use Permit. c. Need for off-site surface drainage improvements,including vegetation removal,channelization or culvert installation? Yes No X Maybe Response: It is not anticipated that any off-site surface drainage improvements will be required for this project. The e fisting facilities area capable of handling the increase in runoff as provided for in item 3b. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The site is not prone to flooding, nor are there any water courses in the area that could cause a flood and therefore no impact to flood waters is possible. Mitigation: None required. ■ Butte County Development Services Department ■ Planning Division ■ 4 UP: Tkacik, File #95-146 e. Discharge into surface waters,or in any alteration or surface water quality,including,but not limited to,temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: Approximately half of the RV sites will have a direct hook-up to a septic system. The other half of he sites will have to use self contained holding tanks. A dump station will be provided. Guests can also use the permanent bathroom facilities proposed.The project also proposes to install underground gasoline facilities to serve the guests ant travelling public. The pumps and tanks will be located approximately 200'away from the drainage course and will be installed to meet all current state and local requirements. These requirements are adequate to reduce the potential for leakage or spills to a level of insignificance. Mitigation: None required. L Alteration of the direction of rate of flow of ground waters? Yes No X Maybe Response: Water to serve the site will be obtained from a private well on-site. If the existing well can not produce the required flow to serve the use,as determined by the Butte County Environmental Health Division,another well may have to be drilled or a water storage facility installed. Mitigation: None required. h. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: The project proposes to install underground fuel tanks. These tanks will be installed under permit from the Butte County Environmental Health and Building Divisions. In addition they must meet all state regulations for underground storage tanks. This will reduce the potential for leakage to a less than significant level. Mitigation: None required. i. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval. Mitigation: None required. j. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: The project site is not within a designated flood zone area and therefore no people or property will be subject to a flood hazard. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any native species of plants(including trees, shrubs,grass,crops and aquatic plants)? a Butte County Development Services Department . Planning Division . 5- UP: Tkacik, File #95-146 Yes No X Maybe Response: The property is located in a foothill grassland habitat. The proposed project is surrounded by large areas of similar habitat and this project will not represent a significant change or loss of habitat of individual species. There is some riparian vegetation along the drainage course that traverses the site. To preserve this vegetation and to reduce potential erosion impacts a 25' no disturbance setback was proposed in item le of this document. Mitigation: See the mitigation for item le. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The property is not identified on the biological sensitivity maps prepared by the California Department of Fish and Game as.having any known rare plant populations on site or in the immediate vicinity. The site has been previously disturbed and leveled and the presence of rare plants is not seen as a significant possibility. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes No X Maybe Response: Approval of this request may result in the introduction of exotic plant species into the area. Because the non- native vegetation is not expected to be extensive, the proposal should not be significant. Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? Yes No X Maybe Response: The site does not contain any agricultural crops. Mitigation: None required. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals, reptiles, fish, shellfish, benthic organisms or insects)? Yes No X Maybe Response: The proposal will not result in a change to the quality or amount of habitat that would affect any animal species. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: The property does not contain critical habitat that would be required to support any unique, rare or endangered species of animals. Mitigation: None required. ■ Butte County Development Services Department Planning Division . 6 UP: Tkacik, File #95-146 C. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This project may introduce domestic pets into the area on a temporary,basis. People travelling with their pets are generally very cognizant of their animal's safety and do not allow pets to run free. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No Maybe X Response: The site does contain some riparian habitat along the drainage course that crosses the site.Though limited in area, this does represent desirable habitat and should be preserved. This is discussed in previous sections of this document and mitigations for erosion control and water quality impacts will also serve to preserve this habitat. Mitigation: See the mitigation for item le. 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes I No X Maybe Response: The proposal will result in some increase in ambient noise on site compared to existing conditions. The site is already impacted by road noise from Hwy.70 immediately to the east and Pentz Road to the south. The only adjacent use that is sensitive to noise is the elementary school approximately 500'to the southwest. The increased noise will not affect any of the adjacent uses and will not exceed acceptable levels as identified in the Butte County General Plan Noise Element for rural areas. Mitigation: None required. b. Exposure of people to severe noise levels? Yes No X Maybe Response: The project is located immediately adjacent to two highly travelled roads, Hwy. 70 and Pentz Road and railroad tracks run approximately 800' to the north.. Noise from these sources does impact the site and people using the proposed RV park will be subject to this noise. Many RV parks are located in similar circumstances near major roads. Residents are subject to noise impacts for the short duration of their stay and always have the option of moving on to another park if they feel the impact is too great. There is a significant grade separation between the Highway and the RV park that will allow the noise to be directed above,the park where it is closest to the road. Due to the transient nature of RV users this is not seen as a significant impact. Mitigation: None required. 7. Light and Glare. Will the proposal produce substantial new light or glare? Yes No X Maybe Response: This project will result in some new light sources being introduced to the area. Security lighting will be included as part of the RV park. The only adjacent land use that could be affected by an increase in light is the school to the south and they already have their own lighting. The school will not be affected because school is not in session at night. ■ Butte County Development Services Department ■ Planning Division ■ 7 UP: Tkacik, File #95-146 Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The Butte County General Plan Land Use Element designates this property Agricultural Residential. Primary uses are residential uses at rural densities. There are also several secondary uses that are compatible with the designation,including outdoor recreational facilities. The zoning for the site is U-Unclassified. An RV park is listed as a conditional use within the zone. This project is consistent with both the zoning and General Plan. Mitigation: None required. 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: This project will not result in a significant increase in the uses of natural resources. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: See the discussion for item 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including,but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Yes No X Maybe Response: This project includes the installation of underground fuel storage tanks for gasoline. These tanks will be installed under permit from the Butte County Environmental Health and Building Divisions. In addition they must meet all state regulations for underground storage tanks. This will reduce the potential for leakage or release to a less than significant level. Mitigation: None required. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: There is not an adopted emergency response plan or evacuation plan that for this area and therefore the proposed project will not affect any such plan. Mitigation: None required. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? ■ Butte County Development Services Department ■ Planning Division . 8 UP: Tkacik, File #95-146 Yes No X Maybe Response: The proposal will not significantly affect the population of the area because the proposed use is of a transient nature. Mitigation: None required. 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: This project will result in a recreational use that allows for transient housing and will not create a demand for permanent housing. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No X Maybe Response: It is anticipated that this proposal will primarily serve the travelling public that is already using Hwy.70. and will not generate a substantial addition traffic to the local area. There will be additional turning movements at this intersection and off of Pentz road at the site access point. The proposed access is approximately 450 feet west of Hwy. 70. Based on trip generation rates from the Institute of Transportation Engineers and discussions the project engineer, the RV park will generate approximately 2 to 3 trips per day, per space. This is approximately 100 to 150 daily trips when the park is full. The number of occupied spaces and thus the number of trips will vary greatly depending on the season and weather. It is estimated that the park will have its highest use in the spring and fall seasons when moderating temperatures prevail in the area. Summer usage could still be high but the extreme temperatures in the valley usually send RVers to the mountains. The mini market with gas pumps has the potential to generate substantially more trips but it should be noted that a majority of the trips will be in the form of additional turning movements off of Pentz Road or Hwy.70. The store and gas pumps will serve people already travelling on those roads. Some trips will be destination oriented,specific to this project. There are a few residences in the area that may find it more convenient to obtain gasoline and basic food items at this location. 1993 traffic counts from Cal Trans indicate an average ADT on Hwy.70 of 2250 trips south of Pentz Road and 2500 trips north of Pentz Road. This corresponds to a level of Service A. The traffic generated by this project will not affect this level of service. Mitigation: None required. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal will not affect parking because compliance with the parking standards contained within Butte County Code Section 24-35 will be enforced. Adequate space is available on site to meet the requirements. Mitigation: None required. c. Substantial impact upon existing transportation systems, including public transportation services? Yes No X Maybe Response: See the discussion for item 13a. Mitigation: None required. ■ Butte County Development Services Department ■ Planning Division ■ 9 UP: Tkacik, File #95-146 d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: The proposal will not alter the present pattern of circulation in the area. No new roads will have to b constructed to serve the site. The existing road system has the capacity and facilities to serve the project. Additional discussion is in section 13a and 13 f. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The project site is approximately 1000' away from a Western Pacific Railroad line. The project will not physically encroach into any right-of-way nor will it affect any aspect of the railroad operation. The project is not near any harbors, or airports and will therefore have no effect on those facilities. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No Maybe X Response: The California Highway Patrol has expressed a concern over the potential traffic hazard of westbound vehicles on Hwy.70 slowing down to make a right turn on to Pentz Road. This westbound approach is a descending grade with a slight curve to the lett. The grade may make it more difficult for large vehicles such as RVs to slow down in time to make the turn. Cal Trans also expressed the same concerns regarding this right turn movement and suggested that if the project generated enough trips an expanded road taper and deceleration lane might be warranted. The cost of installing such improvements would probably be cost prohibitive to a project such as this due to the grade differential at this location. Also, the number of trips generated by Phase 1 of this project do not warrant the improvements. If Phase 2 is considered at a later date, the Hwy. 70 improvements could be warranted at that time. It is suggested that a new sign be placed on westbound Hwy.70 stating "Campground, Right Turn 1/4 mile." This could be installed as a separate sign or located on an existing road sign. The sign should meet Cal Trans standards. P � g l;p l;p Additional left turn movements both from Hwy.70 to Pentz Road and visa versa may incrementally increase the accident rate at this intersection. The potential for increased accidents is not seen as significant because there is an adequate left turn lane on Hwy.70 and good sight distance in both directions. In addition,Butte County Public Works Department has indicated that the existing driveway to the site is poorly located and should be moved further north. Moving the driveway to the north would put in on the adjacent parcel and may not be feasible at this time. Should Phase 2 be approved, the entrances could be combined and moved to the north. Public Works also recommends that a lett turn pocket be constructed on Pentz Road at the entrance to the site. Mitigation: Install a Cal Trans approved sign along westbound Hwy.70 indicating that there is a campground,right at Pentz Road. The location shall be approved by Cal Trans. Construct a left:turn pocket,to Butte County Public Works standards,on Pentz Road and at the entrance to the project site. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X ■ Butte County Development Services Department ■ Planning Division ■ 10 UP: Tkacik, File #95-146 Response: The project is located in an area with a high fire hazard designation. The proposal will result in an incremental increase in demand for fire protection in the area. The Butte County Fire Department/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated that installation of a pressurized water system with hydrants to serve the facility will mitigate the impacts to fire protection services. The applicant will most likely need to install a large water tank in order to meet the required fire flows and a tank is shown on their site plan. Mitigation: Install a pressurized water with hydrants that meets the requirements of the Butte County Fire Department/California Department of Forestry. b. Police protection? Yes No X Maybe Response: The project will not result in a significant increase in demand for police protection services. Mitigation: None required. C. Schools? Yes No X Maybe Response: The project will not result in any increase in demand for school facilities or on school services. Users of the RV park are transient and will not be permanent residents. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal is near Oroville Lake and some of the guests will likely use the lake's recreational facilities. Adequate facilities exist and the lake is under utilized. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No X Maybe Response: The proposal will not result in a significant incremental increase in the need for maintenance of roads and other public facilities in the area. Mitigation: None required. f. Other governmental services? Yes No X Maybe Response: The proposal will not result in a significant incremental increase in demand for all other governmental services in the area. Mitigation: None required. 15. Enera. Will the proposal result in: a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: This project will allow for the construction of 51 RV camp spaces and a small market. For the short term, the use of energy will be limited to the fuel needed to operate the machinery needed to construct the improvements. For the long term,energy will be required to serve guests. The energy used is primarily in the form of electricity of propane. This energy use will occur regardless of the location of the RV park and is really a function of the trends in recreational activities. PG&E can serve the site. A significant portion of the electricity used in Butte County is generated by hydro- electric power plants and is considered a renewable source of energy. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? ■ Butte County Development Services Department ■ Planning Division ■ 11 • UP: Tkacik, File #95-146 Yes No .X Maybe Response: The project is located in and area that is already served by Pacific Gas and Electric,which forecasts energy consumption of their service area and provides for future facility planning. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: Pacific Gas and Electric already has distribution lines in the area and can serve the energy requirements of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Mitigation: None required. b. Communication systems? Yes No X Maybe Response: Pacific Bell already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Mitigation: None required. C. Water? Yes No X Maybe Response: This project will require the installation of a public water system under permit from the Butte County Environmental Health Division. The water system must meet Safe Drinking Watrer Act requirements and Title 22 Code of Regulations pertaining to waterworks standards. Mitigation: None required. d. Sewer or septic tanks? Yes No X Maybe Response: Sewage disposal for the RV park will be via septic tanks and leachfields. The proposal will have to meet the requirements of the Butte County Environmental Health Department . Mitigation: None required. c. Storm water drainage? Yes No X Maybe Response: The project will generate some additional increase in storm water runoff as discussed in item 3b. The area is not served by any storm drainage system. Storm water runoff is directed according to the topography of the site to natural drainage channels. The proposal will have to provide a permanent solution for drainage in accordance with the requirements of the Butte County Department of Public Works. In addition Cal Trans has stated that an 8" down drain and a 30"cross culvert form Hwy.70 both discharge to this property. These drainage flows must be accounted for and their pattern of flow perpetuated. Mitigation: See the mitigation measure for item 3b. d. Solid waste and disposal? Yes No X Maybe Response: Currently,the Butte County Landfill still has capacity to serve the additional development proposed by this project. There is no mandatory garbage pick-up service required in the rural areas of the County. Mitigation: None required. ■ Butte County Development Services Department ■ Planning Division ■ 12 UP: Tkacik, File #95-146 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal will not create any health hazard. Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposal will not expose people to any health hazard. Mitigation: None required. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No X Maybe Response: The proposal will develop what is an existing vacant parcel containing the unsightly remains of a former kennel,with an RV park. The part of the park will be visible to vehicles travelling Hwy.70. There is a significant grade differential at this location with the RV park site being approximately 50'to 60'lower than the Hwy. Most of the spaces will not be seen. The store and upper 14 spaces will be visible and screening or landscaping of these spaces is recommended. However, the site is not considered a scenic vista and the RV park is not aesthetically offensive and therefore no significant impact will occur. No mitigation measure is recommended but County staff may choose to add a condition to the use permit for landscaping of the site. Mitigation: None required. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not result in an impact on the quality or quantity of existing recreational opportunities in the area. The Proposed RV park will provide additional recreational opportunities by providing camping spaces near Lake Oroville. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No X Maybe Response: The proposal will not affect archeological sites. The project is not located in and area that has a high sensitivity for archaeological resources. Mitigation: None required b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or object? Yes No X Maybe ■ Butte County Development Services Department ■ Planning Division . 13 i 0- UP: Tkacik, File #95-146 Response: The proposal will not affect historic sites. Mitigation: None required. C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required. III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section II of this document and more specifically subsections 4 and 5,this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure will into the future.) Yes No X Maybe Response: The project, as discussed in Section II of this Initial Study, will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited,but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: No significant cumulative impacts were identified in Section II of the initial study. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No X Maybe Response: As discussed in Section II of this Initial Study, this proposal will not have a significant adverse effect on human beings. ■ Butte County Development Services Department ■ Planning Division ■ 14 UP: Tkacik, File #95-146 IV. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. a Date: June 20, 1995 Prepared by: � Craig S ders Reviewed by 0 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. Prepare a detailed grading plan to be reviewed and approved by the Butte County Department of Public Works and a Best Management Plan to address erosion. Implement the approved erosion control measures during site construction. 2. Structures,dumping, fill material,vegetation removal and/or excavation shall be limited within 25 feet from the top of bank or outer edge of the riparian vegetation,whichever is greater. Vegetation removal necessary for flood control is permissible within this area,however,all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal. Any stream crossings with roads or driveways must first obtain a streambed alteration permit from the California Department of Fish and Game. The applicant may construct walking paths and install picnic benches within 10 feet of the creek. 3. Prepare a drainage plan that provides a permanent solution for drainage that will not result in any increase in peak flow runoff volumes over that of pre-development levels and maintains the flows of the existing drainage coming under and off of Hwy. 70. The plan must be submitted to, and approved by the Butte County Department of Public works prior to issuance of the Use Permit. 4. Install a Cal Trans approved sign along westbound Hwy.'70 indicating that there is a campground, right at Pentz Road. The location shall be approved by Cal Trans. 5. Install a pressurized water with hydrants that meets the requirements of the Butte County Fire Department/California Department of Forestry. 6. Construct a left turn pocket, to Butte County Public Works standards, on Pentz Road and at the entrance to the project site. ■ Butte County Development Services Department ■ Planning Division ■ 15 UP: Tkacik, File #95-146 DATA SHEET A. Project Description 1. Type of Project: Use Permit 2. Proposed Density of Development: 51 RV spaces on 4.2 acres 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road(s): Access is to Pentz Road 5. Method of Sewage Disposal: Private septic systems. 6. Source of Water Supply: Private wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under existing zoning. B. Environmental Setting 1. Terrain a General Topographic Character: Varies from flat to areas of moderate slope b. Slopes: 2% to 10% C. Elevation: 700 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Characteristics: Dorado soil series, 8" to 20", brown, gravelly, loam b. Limiting Factors: Excessive drainage, high erosion, 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII, inferred fault to the north. b. Erosion Potential: High. C. Landslide Potential: Moderate. d. Fire Hazard: High to very high. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: Intermittent drainage flows through the site b. Ground Water: Unknown, potentially limited. c. Drainage Characteristics: Drains southerly through a natural Swale. d. Annual Rainfall (normal): 40 inches per year. e. Limiting Factors: Drainage capabilities 5. Visual/Scenic Quality: Railroad and Hwy 70 are dominant features. 6. Acoustic Quality: Impacted by railroad and road noise from Hwy. 70 and Pentz Road. 7. Air Quality. Good. 8. Vegetation: Annual grasses, some trees, limited riparian vegetation along drainage channel. 9. Wildlife Habitat: Small birds and animals common to valley grasslands. Winter habitat for the deer herd. 10. Archaeological and Historical Resources in the area: Low sensitivity area. 11. Butte County General Plan designation: Agricultural Residential. 12. Existing Zoning: SH, U. 13. Existing Land Use on-site: Vacant 14. Surrounding Area: a. Land Uses: North: grazing lands, 1 residence, railroad; East: grazing lands, railroad; South: Hwy, 70; West: grammar school. b. Zoning: SH, U C Gen. Plan Designation: Agricultural Residential, Grazing and Open Lands. d. Parcel Sizes: 5 to 160 acres ■ Butte County Development Services Department ■ Planning Division ■ 16 s UP: Tkacik, File #95-146 15. Character of Site and Area: Rural 16. Nearest Urban Area: 6 miles to Paradise, 12 miles to Oroville 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: No 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 25 approximately 4 miles to the west. b. Water Availability: Hydrant at Spring Valley School across Pentz Road. 20. Schools: N/A. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2,Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1.Safety Element. Oroville,CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Matlll-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1,Scenic Highway Element. Oroville,CA: CH2M Hill,1977. 7. Butte County Planning Department. Scenic Hi hhwways Map V-1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4,Safety Element. Oroville,CA: C112M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mai Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man, Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil May, Chico 1925 /Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville 1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. ■ Butte County Development Services Department . Planning Division . 17 INTER-DEPARTMENTAL MEMORANDUM TO: Butte County Planning Department FROM: Craig Erickso nvironmental Health SUBJECT: Use Permit 95-146 - Tkacik, Beth AP# 041-330-017 DATE: May 30, 1995 After review of the above-noted project, the following concerns and conditions are noted: Liquid Waste Disposal Applicants engineer indicated in original application that septic tank leachfield systems were to be utilized in Phase I and sewage ponds in Phase II. Recent conversations with applicants engineer reveal that applicant wishes to proceed with sewage pond utilization for entire project. With this in mind, approval from Regional Water Quality Control Board for sewage pond design and construction is required. Subsequent waste discharge requirements will be imposed by Regional Water Quality Control Board. J Water Supply Project is a size and nature that will require a public water system permit issued by Butte County Environmental Health. Water system must meet Safe Drinking Water Act requirements and Title 22 California Code of Regulations pertaining to waterworks standards. Well construction must conform with Bulletin 74-81 well standards and well construction permit is required. Mini Market Procure food establishment permit from Butte County Environmental Health. Gas Station Procure permit from Butte County Environmental Health for construction and storage of flammable liquids in underground storage tanks. Business Plan & Inventory Comply with Chapter 6.95 California Health and Safety Code pertaining to business plan and inventory requirements for facilities storing hazards materials. CJE/kf Planning oepartment JUN 0 5 1995 oroviio:, .w...:;i i is BUTTE COUNTY PLANNING COMMISSION 7 County Center Drive Oroville, CA 95965-339 (916) 538-7601 TO: Public Works DATE: March 13, .1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION TKACIK, BETH - Use Permit AP# 041-330-017 & 051 , File# 95-146 Enclosed is preliminary data our office has received or generated concerning the following project: INP PPrmi r to al ing f»11 enrvi ng, R.V. sites, mini market with gas station, storage lot, laundry and bath facilities. Located on the northeast corner of Pentz Rd. and Hwy. 70, Oroville. Zoned U, S-H. We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, � ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts. that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, rry Pal4r6er Planning Technician Comments: / ;pfi iZit Az' /quoit 1 oc ori Gl c/«7' /ivV fU1,'u c ✓? /J rT.�iG'7r-d / Ala 11VC1 �� ✓ /��/� .va/� /8�v�f! /A/�� Does your agency wish to receive a c py of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No a 5661 91 311na A0 Al. STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION ASING AGENCY i PETE WILSON,Governor DEPARTMENT OF TRANSPORTATION DISTRICT 3 P.O.BOX 911 C► � MARYSVILLE,CA 95901 TDD Telephone(916)741-4509 FAX(916)741.5346 Telephone(916)741-4539 April 6, 1995 GBUT035 03-BUT-70 PM 26.5 Tkacik, B UP Application Mr. Larry Painter,Planning Technician Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Dear Mr.Painter: Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: A traffic analysis that estimates seasonal trip generation and distribution at the State Route (SR)70/Pentz Road intersection is needed. Caltrans could then make an assessment of any safety impacts. Caltrans As-Built plans indicate roadway drainage from an 8" down drain and cross drainage from a 30" pipe both discharge to this site. These drainage flows should be accounted for in the site development plan and the pattern of their flow perpetuated. A landscape buffer that screens the highway user's views of the backside of the mobile home park and the Corporation yard parking lot should be provided. The area between the right of way and the parking spaces could be a nice park with appropriate vegetation. If you have any questions regarding these comments, please contact Terri Pencovic, Inter Governmental Review/CEQA Coordinator,at(916) 741-4199. Sincerely, E.A. "LIB" HARAUGHTY, Chief Office of Transportation Planning-Rural State of Californla—Busine"Onsportatlon and Housing Agency PETE WILSON, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 2072 THIRD STREET POST OFFICE BOX 1471 OROVILLE, CA 95965 - (916) 5965(916) 533-3822 t TDD: 1 (800) 735=2929 planning Department MAR. 1 61995 March 14, 1995 oroville,California File : 240 . 7625 Mr. Larry. Painter, Planning Technician Butte County Planning Commission 7 County Center Drive Oroville, CA 95965-3397 Dear Mr. Painter: I have reviewed the attached Project Review and Environmental Evaluation related to the proposed R.V. site in the vicinity' of Pentz Road and Highway 70 . After discussing this proposal with several members of my staff, I would like to offer some thoughts for your consideration. I would expect that ,the proposed business will cause only a minor traffic increase in the area, and that the . increase will be comprised mainly of recreational vehicles . However, because Highway 70 is not controlled at the intersection of Pentz Road, I am somewhat concerned that an increase' in recreational vehicle traffic through the intersection might increase the -number of collisions in that area. Specifically, consideration might be given to providing additional warning signs east of the intersection and an. adequate deceleration lane for vehicles turning right from .westbound Highway 70 to northbound Pentz Road. Heavier vehicles descending Highway 70 require additional distance to lower their speeds in preparation for. the turn, and if they are being "pushed" by other traffic or are unfamiliar with the upcoming turn, they might have difficulty in so doing. This concern is further enhanced* by the presence of a curve east of the intersection. Mr. Larry Painter Page 2 March 14, 1995 With regard to traffic turning left from eastbound Highway 70 to northbound Pentz Road, we feel that the existing left turn lane on Highway 70 and the available sight distance will be sufficient to prevent an increase in the number of collisions related to that turning movement . Because the concerns I have raised deal with engineering issues, I feel that this matter should be thoroughly reviewed by a representative of the California Department of Transportation. I recommend that this proposal be forwarded to that agency for their comment . Please feel free to contact me at my office or call me at the above telephone number if you would like to discuss this matter further. D. BEASLEY, Li�ant Commander Oroville Area BUTTE COUNTY PLANNING COMMISSION • • 7 County Center Dr Oroville, CA 95965_ 7 C�S (916) 538-7601 TO: Pacific Bell DATE: March 13, .1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION TKACIK, BETH - Use Permit AP// 041-330-017 & 051 , File/7 95-146 Enclosed is preliminary data our office has received or generated concerning the following project: Tisa Permit to al law fn7, ePr.,;ce R.V. sites, mini market with gas station, storage lot, laundry and bath facilities. Located on the northeast corner of Pentz Rd. and Hwy. 70, Oroville. Zoned U, S-H. We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, • ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts. that this project may generate. Please respond within 14 days of the above-noted date.- If no response is generated by this inquiry, then it shall be assumed that there •are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Palk_r6er Planning Technician 3-f5-(5 ?Aci r_(c r3j�I_L 4As P-x AE�FAAL cAF.�>c.: I�j T14t5 Vtc,1NL.rV OP 7J+J'!� Comments: ?NK 0,(FL . INceoRT_)l QCT W FCC. ,DaMp'RGA Rom REG Ut_.p Dom S{ IZV P/�s ACJ D ML)LTLPL , Com M e2Cc A-C t30tL-P/f4CTS Dk) Co&JruNL)©tl5 �P�V U)i LL P_>F t✓FFWF-D FY-Zee�DF CA-A-ka E QOM QW-FE 1_AC A-T7 D h til X1"6 Moe . TN's C�9-N 66; PIS(U4_Z6JD 1 /TN M6. ANV W6;GpCi+n0A1<, h,C fWrS.77APCT Fbl�65 PUC- 7D CA)- d K d F�F .SITE- 'DEVE1-VPh76 AJT' Ree AT 77116- ru OF-77f-L-, DeV E-L- P PC2 , ci u.ec U C f o u J?66 P0A8tf3tL[7Y 4-r- TH6, D0V6L0t0z5e_, ' �� X$A�� onf;Vele-L 0 Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No BUTTE COUNTY PLANNING COMM SIGN 7 County Center Drive Oroville, CA 95965-33 -7 (916) 538-7601 TO: Fire/CDF DATE: March 13, .1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION TKACIK, BETH - Use Permit AP# 041-330-017 & 051 , File# 95-146 Enclosed is preliminary data our office has received or generated concerning the following project: UsP Parm;r t� nll„Tj f„o, cn R.V. sites, mini market with gas station, storage lot, laundry and bath facilities. Located on the northeast corner of Pentz Rd. and Hwy. 70, Oroville. Zoned U, S-H. We are making an assessment of .possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . , Please provide any factual statements, - ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts. that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Palitfer Planning Technician Comments• 4/11 Z P� nment M�e�s7�18 agency wish to receive a copy of the environmental Orocument (initial study for Negative Declaration (with or without it`3g;'tion Measures) or EIR for this project) . Yes No . f /r Inter-Depart.,, en. Memorandum to . r TO: Larry Painter, Planning Department FROM: Steve Brown, County Fire Warden SUBJECT: ` Use Permit, Beth Tkacik,AP#041-330-017 & 051, File 95-146 DATE: March 27, 1995 The following is the preliminary Fire. Department requirements for the proposed use permit. to allow an R.V. park, mini market with gas station, storage lot, laundry and bath facilities: 1. A pressurized community water system for fire protection is required. The specific location of the fire hydrants will be made by the Butte, County Fire Department in consultation with the developer. Average required hydrant spacing is . 500 feet, hydrant size of 6 inches, and residual flow of 1500 gallons per minute. 2. The minimum fire flow requirements detailed above shall be sustained for a period of at least 2 hours. > 3. The water supply system shall be designed to maintain normal operating pressures of not less than 20 p.s.i.g. nor more than 125 p.s.i.g. at the service connection. 4. The distribution system shall be of adequate size and so designed in conjunction with related facilities to maintain the minimum fire flow and pressure required. in no event, however should the minimum pipe size for new mains be less than 6 inches in diameter. 5. A County Service Area must be established, for maintenance and replacement of the system. If there are any questions regarding the above,. please contact Ted Crawford at 538-7994. Steve Brown County Fire Warden By Ted Crawfor- Fire Protection Planning CC: T. -Crawford B. Orthel. -H. Brachais r, - tte c011nt L A N D O F N A T R A i _ U L W EA _ TH AiID BEAUT `( PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 March 9, 1995 Beth Tkacik 8612 Mellow Woods Way Sacramento, CA 95826 Re: Use Permit, AP No. 041-330-017 & 051, File No. 95-146 Dear Ms. Tkacik: This is to notify you that we have received your application for a Use Permit on property located on the northeast corner of Pentz Road and Hwy. 70, Oroville, identified as AP# 041-330-017 & 051 . An Environmental Evaluation of potential environmental consequences anticipated in connection with this project is being completed by the Butte County Planning Department and will be forwarded to you. Enclosed is a field marker for identification of the project. Please secure the ribbon in a conspicuous place on the site, preferably visible from the roadway. Should you have any questions regarding this matter, please feel free to contact this office. Sincerely, Barry K. Hogan Planning-Manager BKH:dr Enclosure cc: A & Q Engineering BUT E COUNTY PLANNING COMMISSION 7 County Center Drive Oroville, CA 95965-339710 (916) 538-7601 TO: DATE: March 13, .1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION TKACIK, BETH - Use Permit AP# 041-330-017 & 051 , File# 95-146 Enclosed is preliminary data our office has received or generated concerning the following 'project: TTse Permit to al inx full q*,.,-\7i ca R.V. sites, mini market with gas station, storage lot, laundry and bath facilities. Located on the northeast corner of Pentz Rd. and Hwy. 70, Oroville. Zoned U, S-H. We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, - ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. . Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project.. We appreciate any assistance you can provide. Sincerely, Larry Pa ' er Planning Technician Comments: Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No DISTRIBUTION LIST FOR COMMENTS O" k— 3`30 p 11l p S l 1),S—'i y(p sEwERs x County Public Works Richvale Sanitary District >G County Environmental Health L.O.A.P.U.D. , County Building Division Skansen Subdivision (CSA 121) City of Biggs Stirling City Sewer Main. Dist. city of Chico Thermalito Irrigation District City of Gridley Butte Water District City of Oroville Town of Paradise IRRIGATION WATER Planning Department Biggs-W. Gridley Water District > State Transportation Department Butte Water District Durham Irrigation District DOMESTIC WATER OWID Butte Water District Paradise Irrigation District California Water Service Co. Richvale Irrigation District Del Oro Water Co. Table Mountain Irrigation OWID District Thermalito Irrigation District Thermalito Irrigation District Other DRAINAGE DISTRICT UTILITIES PG&E North (Chico) c�C PG&E South (Oroville) �G Pacific Bell RECLAMATION DISTRICT Chambers Cable Viacom TV Cable FIRE PROTECTION OTHER COMMITTEES/COMMISSIONS E1 Medio Fire Protection Dist. Paradise Pines Architectural County Fire Department/CDP Control Committee Butte County Farm Bureau MOSQUITO ABATEMENT DISTRICT Community Association: Durham, Oroville or Butte County Lime Saddle Community Service POLICE PROTECTION District >< State Highway Patrol Butte County Air Pollution x County Sheriff Control District Butte Environmental Council SCHOOL DISTRICT RECREATION FACILITIES Chico Area Recreation District Durham Area Rec. & Park District ` Feather River Rec. & Park District Paradise Rec. & Park District ` Richvale Rec. & Park District i State Parks & Rec. Department RESOURCE MANAGEMENT C �� State Water Resources Department A\ �( U.S. Forest Service U.S. Bureau of Land Management Butte County Mining Committee State Department of Fish & Game California Native plant Society State Div. Forestry - attention: Craig Carter Regional Water Quality Control Board V �� 7=12 mc: A?,?ZS CART ET H T W-iA G i lam. :��QEST: USG PC12-,rn lT -To Aa -L,pc,:.7 w Sl� T E 1^-o N 1 i�r�A 2 �"T1" WI—r,4 6-A 5 ST A-TiO Q 0 ST o L O-r A2 arc: (2) 14 © - cl7 l �► L , IS Ac -AD-,2-q At_ �ccaT=ox: l�c��su COJ -{" G NZZ•�AEAS i CAi e Q— Com' - PCIZ'r2 CNi'JG �STCR_: 2A 9J�� LA 8-7 -7 Ll i -wNGD S-H ON 1~ 1�J- ��1 (3` 0 9 ( 3 3�4flII�IDSYG LTD IIsi s� �sTeRs: c_-�rZ= p?.Am DE9=Gffi►"��8: C-�e21(�tJ t,`{ V R:A 21G—Sl l��N'i'"1 A t_. Adikk S JESO'SY E 441.27' COW'YAM 8.lTANE l` TENT AiZFA N %VL 23 QA$PUWS 24 T a o o 46 1 r,p 770 CAL SEl•OC TANKA A 23 C 28 A5 C1 1Z 47 \ s+x u oY!• 1\ Lm, rl 22 FllNfE EVAPORA7IW PWD 9ALa , 20to I 4e JD 1 TOO Lf 46 Y 31 m to n 1000 GAL Elonz TA/L1t �'J 4a 100' a5 100' 370 1P wr l o O o l 3 , LACAT I• 1j u 2 t 1 3 4 a 7 t 2 { � 4 oa 1 T ,, 34 5 10d rlOii LW e6• M SPACES 1-14, FLU NOCK 41 i oF� u it ,o c e w M • t1 � ` MOD OAL 9EP110 TAN1t 37 39 LOrwT1oN/1 ® 3e mar.. n 17 � 1e uw furaaao AAT l4 1 LEACH FIELD �C) pE�TZ W a LEGEND 48' ® —LOCAnOM OF D®HOLE AND PMCCLAWYA TM 6' m - OfWN R00( NOfE 4'PEW.PPE SMM TAWS TO Or.PROCAV PLC ST AMOMMM t SCM DA APRt01m MAL 22' N �3 Z 12- 0 N TYPICAL LEACH LINE ENGINEERING INSTALLATION DETAIL VI RS•SURVAS•PLANNERS Ho SCALL 1160 L Oth ST. SUM C CF800, G 96918 (916) 893—Ml DRAWN 8Y AX DATE 3/1/95 SITE PLAN CHECKED M.E.R. SCALE 1•- 80' FOR APPROVED MODLAND DEVELOPMENT CORPORATION ASST. DIRECTOR OF PUBLIC WORKS I PHA 5 t Z SHEET OF 898SPA SCALE: t'- 10o' LEGEND ❑ - TYPICAL 40' X 80' SPACE 173 TOTAL SEWAGE DISPOSAL POND 173 Tams 1,\ 1 H HIM III PHASE 0-\ Po� I E PCC AREA RCSfROpYS� ' V OPD/.R ft C t BOATlo O UUNO ARY s COVUtM RV&BOAT F;A S E s,oeAaE AREA SEE SM IMMSP U&M TARP FOR ./eoA74 W M SUE9 OFFICL� S s RO PENTZ BITZ PLAN — PHAM ;r : FOR8c ENGINEERING MLI NSI RS•SURVEYORS•PLANNERS Mcn%c " L 1280 E. 9th ST. SUITE C CHICO. Ck 95928 (91 B) 893-0831 �H i + S E 441.2X' BJTAHE T i\ 25 TENT AREA T 50 40 CORP� •YI19 r� 27 \; �IYS PIMPS 24 f.0 750 OAL S7.PIIC TACK It IJ I � i � b D 47 24 X 42 4 �. ',` \ � uwo 21 ;\ zn tFlI1UfE EVAPORATION PQA �' , 2ao LF I S a _ T 1000 ON.SPt1c TANK1 is LJ 0K ., locr 6s J2 16v 379u LT � � o 43 J LOGTI /♦ 11 SJ E1 1 2 J 4 e 7 1 Z 1 12 oAi T 34 y 100• T1arr LSE w N SPACES 1-141 ILIIHOOK mme—t,ft'1M 41 tftyw \ ZOO 14 13 12 11 10 9 e W - se �• 11 LF 2000 CAL SEPTIC TANK 37 30 LDCADOL/2 LDCA lw. T7 38 16 I� 1e / uw c PuratxlND AREA j4 TA1� LEACH P1EJD L�L—� C) P�1JTZ . 010.10 sKDSAa W a LEGEND 48• ® —LOCAMM Or DEEP"ME AIA PERCOLATION TEST m 8. OFWH ROOK Nam, 4'PEW.PPE SEPM TAWS TO K PRCCA37 PCC m ANDERSON!SONS OR APPROVED EWAL 22' zz 12• 3 TYPICAL LEACH LINE N INSTALLATION DETAIL ENGINEERING NO S+ t/I ' RS•SURVEYORS•PLANNERS 1260 E 0th ST. SURE C CHCO, CA. 96928 (918) 893—Ml DRAWN BY A.K. DATE 3/1/95 SITE PLAN CHECKED M.ER, SCALE 1'- 80' FOR APPROVED MODLAND DEVELOPMENT CORPORATION ASST. DIRECTOR OF PUBLIC WORKS PHA 5 G = SHEET OF 698SPA SCALE 1'- 100' LEGEND a - TYPICAL 40' X 80' SPACE 173 TOTAL SEWAGE DISPOSAL POND 173 TOTAL FNA$0—\ \ \ 1� RFSTROOY4J OPER 9TOfLAOE F BOA/1.RN.An O UIIRDARY i COMM RV&BOAT PHASE STORj4E AREA 1+ i SEE 9R�� f SALES TARD FOR M t DOAT4 M SALES OFFICC� 2 RD PENTZ alit PLAN — PHAOX xr 8c ENGINEERING FORIVIL NG`I RS•SURVEYORS•PLANNERS MORQN LZVa 1280 E. 9th S7. SUITE C CHICO, CA 95928 (916) 893-0631 _ __. -- _ -•� _ ;_ .. . __ .w. . -.. .. _ _._... �. 41 m �� y cam=" 3 T. 21 11/. R. 4. E. I��1. D: R• 8 BENNUM ¢If I /p eA �SD / zzs Si@E Se 9.5Ac 0 . 70 v 6'4-SS./ 37 ` O lO.OAc. a D 72.54 442.58 Y- ' s 94 a � p l R A m O 52 2 4.9 /60 AC e. 530.29 AG R 311.53 311.55 89.33Ac .� ` \ 1 2 3 4 /7 QAC 7.� �. tGJ 59 60 6I O. 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C�d;f• y 4 REvISED:I!-91 ed r� cj Y SCALL• t'• 100' LEGEND TYPICA F1 - L 40' X 80' SPACE 173 TOTAL SEWAGE DISPOSAL POND 173 70TAL RUBS a-\ 1 1 SyMum RtL ARCA � yJ aoATsnv..1. o C7MM FV n U1MOMr � e a A 80AT PHASE STORAIM ARU SAM7 TAM rw Rv1 t Dun r r • sun Oii1C[� 3 2 RD PENTZ BPP PLAN -. PHABM._ s moi: - 8cC ENGINEERING IVIL NG'I RS*SURVEYORS a PLANNERS MOM"* LES 1280 E. 9th ST. SUITE C CHICO, Ck 95928 (918) 993-0831 CO •Y F BUTTE oy <Y �� U.S.POSTA7Z -. .- OFFICE OF P�'r,I G DEPARTMENT ��Q O F : - 7COU ENTER DRIVE �;;' AUG-3'95 ��,s�OROVILLE, CALIFORNIA 95965-3397pen�etea C�� 6828744 L o t%j421I1:339� 022 t%3t%O STATUS e ACTIVE PUBLIC SPRING VALLEY MINERALS INC a 4 1 TABOR CENTER SUITE 2500 1200 17TH STREET HMARING i DENVER CO 80202 � NWIC- E . -, SPRI200 TURN8OaO24005 IN OA/09/95 .,..,,... RETURN TO SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD - RETURN TO SENDER h oilllllllllll lilts III Itllllllllllll l lllll1llllllli 11 Ills 11 � - � }�. �� . . . �:.� �, ., ,, ....._ �� ....._ �; �" e �� :, �: � :�: ,. ��: .... ...... i� � �\,h COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT U.SASTAGE AUG-3'95 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 0 .2 7 C A — _ EtyR 6828744 to aF0 . ND aElypEA _ M41t RFC s�f3yt ysb2 ys�-srif STATUS o ACTIVE EpTA��E ESEL i N ROBERT E PUBLIC ! 2912 FENTZ ROAD �� G HEARING 1OROVILLE CA 95965 V NOTICE •�==:r.---a_•� �—c li:l:::l:isi,i,�,'i1:��1:}:1,1.,„�fi:ll,:il•,,:„il:�l:ii,l�fl 'i AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manage BY: Craig Sanders, Senior Planner DATE: August 7, 1995 REQUEST: Use Permit for Beth Tkacik on APN 041-330-017: A request for a Use Permit to allow full service RV. sites, mini-market with gas station, storage lot, laundry and bath facilities on 4.2 acres of land located on the northeast corner of Pentz Road and FEghway 70, in the U and SH zones within the Pentz area. This project is located in Supervisorial District 4. RELATED ITEMS: None FOR: Planning Commission Meeting of September 14, 1995 ABSTRACT: Staff recommends approval of this application. _The proposed use.is compatible with . the existing surrounding uses and potential future uses of the existing zoning classifications. PROJECT CHARACTERISTICS: This is a Use Permit request to allow a full service recreational vehicle park, mini-market with gasoline sales, storage lot, laundry and bath facilities. The applicant has proposed phasing this project. Phase 1 includes 51 RV. spaces, a small tent area, a 1300 square foot mini-market with gasoline and butane sales, and a caretakers residence. The residence is a permitted use and need not be considered in this request Fourteen of the spaces will have full hook- ups and will be suited for long term stays of up to 30 days. The balance of the spaces will most likely be used for overnight or limited stays of less than a week. Phase 2 isnot under consideration at this time and is therefore not addressed in any detail in this report or the environmental documents prepared for this project Phase 1 will be located entirely on A.P. 041-330-017, a 4.2 acre parcel. The property is located at the northerly comer of the intersection of Pentz Road and Hwy. 70, in the unincorporated area of Butte County. Surrounding uses include open land and railroad tracks to the north, open lands to the east and west, and an elementary school to the southwest, across Pentz Road. Access to the site is directly off of Pentz Road. ANALYSIS: The site was previously used as a boarding kennel. A Use Permit was approved for that use in September of 1986. The kennel was abandoned some years later and the property has remained vacant since. Approval and implementation of this Use Permit will negate and void the previous Use Permit for a boarding kennel. A seasonal drainage course traverses the property and there is a small ■ Butte County Planning Commission Agenda Report. ■ 1 0 AGENDA ITEM pond on site. Thick riparian vegetation is evident in close proximity to this drainage, with blackberry bushes completely obscuring the stream channel in many places. With proper Fish and Game permits, the stream course and pond could be utilized as an amenity to the park, providing picnic areas and passive recreation uses. The proposed use is listed as a conditional use in both the U and SH zones. The Butte County General Plan Land Use Dement designates this property Agricultural Residential. Primary uses are residential uses at rural densities. There are also several secondary uses that are compatible with the designation, including outdoor recreational facilities. In addition, policy 5b of the Land Use Bement text regarding recreation uses, states: "Support development of commercial recreation facilities on suitable sites."' This project is consistent with both the zoning and General Plan as well as compatible with surrounding uses. The property to the north and west is owned by the applicant and would be used for please IIT if approved at some future date. The Flighway acts as a buffer the lands to the south which are currently undeveloped. On the southerly side of Pentz Road, approximately 500'to the west, is Spring Valley Elementary School. The proposed uses will not affect the operation of the school nor will it represent a significant increase in traffic in front of the school since most trips will probably use Hghway 70 and the short section. of Pentz Road running from the project to the Flighway 70 intersection. The proposed 51 space RV. park will provide accommodations for motorhomes, campers, and trailers visiting the Lake Oroville area and to those passing through Butte County to other recreation locations. Being located on a state highway, it is anticipated that most of the users will already be travelling that road. The location is well suited for the proposed use. Being adjacent to SR 70 will reduce large vehicle traffic on local roads. Access to Flighway 70 is good, and potential customers can easily stop and examine the park. without travelling too far out of their way. It is in a rural setting, which is attractive to campers, yet not too far from the OrMlle urban area where major services are available. Access to Lake Oroville recreation area is within 1.2 miles of Vinton Gulch boat ramp and 2.4 miles from Lime Saddle Marina and boat launch. The applicant is contemplating a phase II on an adjacent parcel. Phase H would consist of 173 additional spaces, sewage disposal ponds instead of leachfields, and boat and RV storage. Due to the complexity of phase H and the amount of additional information needed to properly assess the effects of a larger development, the applicant has chosen to have the Commission only consider phase I at this time. It should be made clear to the applicant that support of this phase, is in no way, an indication of support for phase H. A separate application for a Use Permit will have to be made and separate environmental documents prepared for that phase. The proximity of the site to highway 70 and Pentz Road makes this a high visibility location. Thousands of vehicles pass this corner each day. Because of this high visibility, the aesthetics of the park and the image presented to people passing by is important. The previous use on site left the property in an unsightly manner. Trash, junk, and broken concrete litter the upper portion of the parcel. All of this junk must be removed from the property not just piled up in some unused corner of the site. Landscaping is the best way to make the park appealing to travellers. Shade for summer visitors is very important. Existing trees on site should be retained, if possible, and the planting of new ■ Butte Courtly Planning Convrdssion Agenda Report ■ 2 AGENDA ITEM trees will be required at a minimum ratio of 1 fifteen gallon tree per three spaces plus three new fifteen gallon trees for each existing tree removed. The applicant will be required to submit a detailed landscaping plan to the Development Services Department prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree plantings, and the type of irrigation system proposed. In addition to landscaping, the size and number of signs should be limited especially adjacent to Pentz Road and SR 70. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign, not exceeding 50 square feet, will be permitted for the store/office. Directional signs within the park are not restricted, but should not be larger than 4 square feet The sign along I-lighway 70 will require a permit from Cal Trans. The park will have a small grocery store to provide basic food supplies and gasoline to patrons and the travelling public. This commercial use will probably not attract new customers to the area but will serve those already travelling Pentz Read and Hghway 70. It may provide a convenient location for residents of the Cherokee area to pick up a few food items instead of travelling to Oroville or to the Country Store at Pentz and Hghway 191, 4 miles to the east This limited use is compatible with the RV. park and would certainly be necessary if phase 2 of the park were to be approved. The store will need a food establishment permit from the Butte County Environmental Health Division. Also available at the store will be gasoline and butane. The gasoline tanks will be underground and their installation regulated by the Environmental Health Division and State requirements. The butane tank is above groeand and clearance of brush and grass around the tank along with vehicle crash posts shall be required. Domestic water for the park will be obtained from a private well. The park is of a size that will require a public water system permit form the Butte County Environmental Health Division. The water system will also have to meet Safe Drinking Water Act requirements and Title 22, California Code of Regulations pertaining to waterworks. In addition,the well construction must conform with special requirements. Sewage disposal will be via on site septic tanks and leachfields. For those spaces without sewer hook-ups a dump station will be provided. There is an existing system on site from a previous residential, use that can be utilized. Other systems will have to be installed under permit from the Environmental Health Division. 'uvD �atla, k ,v%,� The Butte County Fire Department/CDF is requiring a pr urized water system with fire hydrants for the park. They would like to see a system capable of deliv 1,500 gallons per minute at 20 to 125 p.s.i.g., for up to two houis. This would require about 3 ,000 allon tank, depending on the well's pumping capacity. This requested system far exceeds the requirements contained in the Butte County Improvements Standards for Subdivisions, Parcel Maps, and Site Improvements, which calls for only 100 gallons per minute.for 2 hours, in parks with less than 100 spaces. The increased fire flow is being sought due to the commercial uses on site including the dispensing of gasoline. There are, however, other factors that may allow the applicant to negotiate the installation of a lesser system with the Fire Department One of those factors is the existence of a fire hydrant to the south of the site, near Spring Valley Elementary School. I ■ Butte County Planning Cornrwhon agenda Report ■ 3 AGENDA ITEM As stated in the project description, the park will have 14 spaces that provide full hook-up (water, sewer, and electric). With these amenities, long term or even semi-permanent living arrangements are possible. Parks of this type are not intended or designed for this type of living and character and functionality of the park would be affected. For these reasons, it is recommended that the length of stay for all spaces be limited to no more than.30,days in any 60 day period. ENVIRONMENTAL DOCUMENTATION: This application has,been defined as a project under the California Environmental Quality Act(CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based . upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project: PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment RECOMMENDATION: Staff recommends that the Planning Commission approve this request, subject to the findings and conditions listed in Exhibit A. Exhibits: A: Conditions of Approval Attachments: A. Vicinity Map B: Site Plan C: Emironmental Documents K\pereport\tkacik.rpt ■ Butte County Planning Commission Agenda Report . ■ 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE (Certified Mail Receipt) 95-146 PERMIT NO. AP 041-330-017 ASSESSORS PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Beth Tkacik is hereby granted a Use Permit in accordance with application filed: 3/7/95 to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" and S-H located on the northeast comer of Pentz Road and Highway 70, Oroville. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte county Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null.and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the.Permittee. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. ■ Butte County Planning Commission Agenda Report ■ 5 AGENDA ITEM Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The.design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies in that the Unclassified Zone and Scenic lf£ighway Zone contain provisions for permitting the requested use. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the surrounding parcels are mainly vacant at this time and the current zoning does not permit uses or densities that would conflict with the uses proposed in this permit. C. The use would not be unreasonably incompatible with or injurious to the general health, welfare and safety of the County in that mitigation measures and conditions incorporated as requirements of this project will ensure the general health, welfare and safety of County residents. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use.Permit for Beth Tkacik on AP#041-330-017 to allow a full service RV. park, mini-market with gas service is approved subjectto the conditions listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental ■ Butte County Planning Convnission Agenda Report. ■ 6 AGENDA ITEM determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: 1. Approval of this Use Permit shall render Ilse Permit #86-65 for the boarding kennel null and void. 2. Prepare a detailed grading plan to be reviewed and approved by the Butte County Department of Public Works and a Best Management Plan to address erosion. Implement the approved erosion control measures during site construction. 3. Structures, dumping, fill material,vegetation removal and/or excavation shall be limited within 25 feet from the top of bank or outer edge of the riparian vegetation,whichever is greater. Vegetation removal necessary for flood control is permissible within this area, however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal: Any stream crossings with roads or driveways must first obtain a streambed alteration permit from the California Department of Fish and Game. The applicant may construct walking paths and install picnic benches within 10 feet of the creek. 4. Prepare a drainage plan that provides a permanent solution for drainage that will not result in any increase in peak flow runoff volumes over that of pre- development levels and maintains the flows of the existing drainage coming under and off of Hwy. 70. The plan must be submitted to, and approved by the Butte County Department of Public works prior to issuance of the Use Permit. 5. Install a Cal Trans approved sign along westbound Hwy. 70 indicating that there is a campground, right at Pentz Read. The location shall be approved by Cal Trans. 6. Install a pressurized water with hydrants that meets the requirements of the Butte County Fire Department/Califorma Department of Forestry. 7. Construct a left turn pocket and road approach, to Butte County Public Works standards, on Pentz Road and at the entrance to the project site. 8. The length of stay for all spaces in the park shall be limited to no more than 30 days in any 60 day period. 9. Submit a detailed landscaping plan to the Development Services Department ■ Butte County Planning Convnfssion Agenda Report ■ 7 Pi(b✓4L wa.k�✓ DM s►k AM 1 5vhw►►�- WaA'e' {0✓`' gltwa ��sP°s`.Q cc�Pc.<< I.a- AGENDA REM prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree plantings, and the type of irrigation system proposed. 10. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign, not exceeding 50 square feet,will be permitted for the store/office. Directional signs within the park are not restricted, but shall be no larger than 4 square foot each. The sign along Highway 70 will require a permit from Cal Trans. 11. Obtain a public water system permit form the Butte County Environmental Health Division. The water system will have to meet Safe Drinking Water Act requirements and Title 22, California Code of Regulations pertaining to waterworks. The well construction must conform with Bulletin 74-81 well standards an well construction permit. 12. Obtain a food establishment permit from the Butte County Environmental Health Division. 13. Obtain permits from the Butte County Environmental Health Division for the installation of underground storage tanks for flammable liquids. The installation of these tanks must also meet all applicable State requirements. 14. Comply with Chapter 6.95 of the California Health and Safety Code pertaining to business plan and inventory requirements for facilities storing hazardous materials. 15. Obtain permits from the Butte County Environmental Health Division for the installation of new septic tank and leach field systems. 16. Clear all brush, dried grass, and dead vegetation from within 30' of the butane tank. Install 4"diameter solid steel or cement filled crash posts on the westerly and southerly sides of the tank. The posts must be set in concrete to a depth of at least 2' and the posts must stand above the ground surface a minimum of 4'. Spacing shall not be less than 6' apart. 1'1. 5h:A la.ca ,Out Se�:mow. •le� 17. Applicant shall also comply with all other applicable State and local statutes, ordinances, and regulations. I hereby declare under penalty of perjury that 1 have read the foregoing conditions and that they are, in fact, the conditions which were inposed upon the granting of this permit. I agree to abide fully by ■ Butte County Planning Comrrdssion Agenda Report ■ 8 AGENDA ITEM • J said conditions. Dated: Applicant Signature: Butte County Planning Commission Cbairman: Note: Issuance of this permit does not waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction, nor does it waive anv other requirements of federal, state, and local law. cc: Land Development Division, Public Works Department Building Division, Development Services Department Environmental Health Division . California Department of Forestry ■ Butte County Planning Comnission Agenda Report ■ 9 U Pr 'ec Location U . o o �Q J U BUTTE COUNTY PLANNING COMMISSION Applicant: Beth Tkacik Owner: Same Hearing Date: September 14, 1995 @ 9:00am Existing Zone: U, S-H A 1 Request: Use Permit to allow full service R.V. sites,mini market with gas station, No Scale storage lot,laundry and bath facilities. Assessor Parcel No: 041-330-017 File:95-146 l. 4 - � J.e. CD O �y Project Locatio -Pe Roa Che ee f Vicinity Map AP# 041-330-017 e,�,� u. K; sv'aT euTA>,t T� 1K1 Tort AAA n 60 M COW.YARD ` ' BOAS K""! I 14 13 � o p • 48 etoaa T.b 750 OAL Sant TANS 1. 11 b� ' P D =1 , .7 24 o gg a \\ 29 ES FUTURE FVAPORATION PC" 4 20 1 b Y 2=W Lf 1e j I U 1060 6A1 3DIIC TANK L� OWN 32 " 160' as e.K 1 s Q p l 3 l Law 4 •'tt `� Sq� I .2 1py ,16MT L04 w SPACES 1-14 i1A.111001K .1 p�p 11 11 12 n 10 9 e I I O w 3 L Sp • n Kr QQ TANK 37 10 —— ,1 L�K„o,/t >s t7 t6 w LAIN•PLAYMMU i0 AREA LEACH 1W o PE�TZ . . GROU•)sulvAa w ti 4 LEGEND 48" .® -L6CARON Or DEED NRc AND P0100LA110Y T[4T 6" GRAIN R00K NOTE, .'PEW.PPE sUTte TA»n TO nc recw97 Pa n ANBEFSON!SCM OR APPR01ED EQUAL 22" O 12• I 3 N TYPICAL LEACH LINE INSTALLATION DETAIL ENGINEERING N„ 1 RS-SURVEYORS-PLANNERS 1180 L 9K11 ST. SURF C CHM CA 96928 (918) 89J06.71 DRAWN BY A.K. DATE 3/1/95 SITE PLAN CHECKED M.E.R. SCALE 1'- 80' FOR APPROVED MODLASID'DEVEL-OPMENT CORPORATION ASST. DIRECTOR OF PUBLIC WORKS PHA 5 c _ HET -OF 896SPA AGENDA REM AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manage BY: Craig Sanders, Senior Planner DATE: August 7, 1995. REQUEST: Use Permit for Beth Tkacik on APN 041-330-017: A request for a Use Permit to allow full service RV. sites, mini-market with gas station, storage lot, laundry and bath facilities on 4.2 acres of land located on the northeast comer of Pentz Road and Flighway 70, in the U and SH zones within the Pentz area This project is located in Supervisorial District 4. RELATED ' ITEMS: None FOR: Planning Convn ssion Meeting of September 14, 1995 ABSTRACT: Staff recommends approval of this application. The proposed use is compatible with the existing surrounding uses and potential future uses of the existing zoning classifications. PROJECT CHARACTERISTICS: This is a Use Permit request to allow a full service recreational vehicle park, mini-market with gasoline sales, storage lot, laundry and bath facilities. The applicant has proposed phasing this project. Phase 1 includes 51 RV. spaces, a small tent area, a 1300 square foot mini-market with gasoline and butane sales, and a caretakers residence. The residence is a permitted use and need not be considered in this request. Fourteen of the spaces will have full hook- ups and will be suited for long tern stays of up to 30 days. The balance of the spaces will most likely be used for overnight or limited stays of less than a week. Phase 2 is not under consideration at this time and is therefore not addressed in any detail in this report or the environmental documents prepared for this project. Phase 1 will be located entirely on A.P. 041-330-017, a 4.2 acre parcel. The property is located'at.the northerly comer.of the intersection of Pentz Road and Hwy. 70, in the unincorporated area of Butte County. Surrounding uses include open land and railroad tracks to the north, open lands to the east and west, and an elementary school to the southwest, across Pentz Road. Access to the site is directly off of Pentz Road. ANALYSIS: The site was previously used as a boarding kennel. A Use Permit was approved for that use in September of 1986. The.kennel was abandoned some years later and the property has remained vacant since. Approval and implementation of this Use Permit will negate and void the previous Use Permit for a boarding kennel. A seasonal drainage course traverses the property and there is a small ■ Butte,County Planning Comrrassion.Agenda Report ■ 1 , AGENDA ITEM pond on site. Thick riparian vegetation is evident in close proximity to this drainage, with blackberry bushes completely obscuring the stream channel in many places. With proper Fish and Game permits, the stream course and pond could be utilized as an amenity to the park, providing picnic areas and passive recreation uses. The proposed use is listed as a conditional use in both the U and SH zones. The Butte County General Plan Land Use Dement designates this property Agricultural Residential. Primary uses are residential uses at rural densities. There are also several secondary uses that are compatible with the designation, including outdoor recreational facilities. In addition, policy 5b of the Land Use Bement text regarding recreation uses, states: "Support development of commercial recreation facilities on suitable sites." This project is consistent with both the zoning and General Plan as well as compatible with surrounding uses. The property to the north and west is owned by the applicant and would be used for phase II, if approved at some future date. The Flighway acts as a buffer the lands to the south which are currently undeveloped. On the southerly side of Pentz Road, approximately 500'to the west, is Spring Valley Elementary School. The proposed uses will not affect the operation of the school nor will it represent a significant increase in traffic in front of the school since most trips will probably use Pfighway 70 and the short section of Pentz Road running from the project to the Ihghway 70 intersection. The proposed 51 space RV. park will provide accommodations for motorhomes, campers, and trailers visiting the Lake Oroville area and to those passing through Butte County to other recreation locations. Being located on a state highway, it is anticipated that most of the users will already be travelling that road. The location is well suited for the proposed use. Being adjacent to SR 70 will reduce large vehicle traffic on local roads. Access to Ilighway 70 is good, and potential customers can easily stop and examine the park without travelling too far out of their way. It is in a rural setting, which is attractive to campers, yet not too far from the Oroville urban area where major services are available. Access to Lake.Oroville recreation area is within 1.2 miles of Vinton Gulch boat ramp and 2.4 miles from Lime Saddle Marina and boat launch. The applicant is contemplating a phase II on an adjacent parcel. Phase II would consist of 173 additional spaces, sewage disposal ponds instead of leachfields, and boat and RV storage. Dae to the complexity of phase II and the amount of additional information needed to properly assess the effects of a larger development, the applicant has chosen to have the Commission only consider phase I at this time. It should be made clear to the applicant that support of this phase, is in no way, an indication of support for phase II. A separate application for a Use Permit will have to be made and separate environmental documents prepared for that phase. The proximity of the site to I-£tghway 70 and Pentz Road makes this a high visibility location. Thousands of vehicles pass this comer each day. Because of this high visibility, the aesthetics of the park and the image presented to people passing by is important. The previous use on site left the property in an unsightly manner. Trash, junk, and broken concrete litter the upper portion of the parcel. All of this junk must be removed from.the property not just piled up in some unused corner of the site. Landscaping is the best way to make the park appealing to travellers. Shade for summer visitors is very important Pxisting trees on site should be retained, if possible, and the planting of new ■ Butte County Planning Convrussion Agenda Report ■ 2 AGENDA ITEM trees will be required at a minimum ratio of 1 fifteen gallon tree per three spaces plus three new fifteen gallon trees for each existing tree removed. The applicant will be required to submit a detailed landscaping plan to the Development Services Department prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree plantings, and the type of irrigation system proposed. In addition to landscaping, the size and number of signs should be limited especially adjacent to Pentz Road and SR 70. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign,not exceeding 50 square feet, will be permitted for the store/office. Directional signs within the park are not restricted, but should not be larger than 4 square feet. The sign along Highway 70 will require a permit from Cal Trans. The park will have a small grocery store to provide basic food supplies and gasoline to patrons and the travelling public. This commercial use will probably not attract new customers to the area but will serve those already travelling Pentz Road and Highway 70. It may provide a convenient location for residents of the Cherokee area to pick up a few food items instead of travelling to Oroville or to the Country Store at Pentz and Highway 191, 4 miles to the east This limited use is compatible with the RV. park and would certainly be necessary if phase 2 of the park were to be approved. The store will need a food establishment permit from the Butte County Environmental Health Division. Also available at the store will be gasoline and butane. The gasoline tanks will be underground and their installation regulated by the Environmental Health Division and State requirements. The butane tank is above ground and clearance of brush and grass around the tank along with vehicle crash posts shall be required. Domestic water for the park will be obtained from a private well. The park is of a size that will require a public water system permit form the Butte County Environmental Health Division. The water system will also have to meet Safe Drinking Water Act requirements and Title 22, California Code of Regulations pertaining to waterworks. In addition, the well construction must conform with special requirements. Sewage disposal will be via on site septic tanks and leachfields. For those spaces without sewer.lhook-ups a dump station will be provided. There is an existing system on site from a previous residential use that can be utilized. Other systems will have to be installed under permit from the Environmental Health Division. The Butte County Fire Department/CDF is requiring a pressurized water system with fire hydrants for the park. They would like to see a system capable of delivering 1,500 gallons per minute at 20 to 125 p.s.i.g., for up to two hours. This would require about a 30,000 gallon tank, depending on the well's pumping capacity. This requested system far exceeds the system requirements contained in the Butte County Improvements Standards for Subdivisions, Parcel Maps, and Site Improvements, which calls for only 100 gallons per minute for 2 hours, in parks with less than 100 spaces. The increased fire flow is being sought due to the commercial uses on site including the dispensing of gasoline. There are, however, other factors that may allow the applicant to negotiate the installation of a lesser system with the Fire Department. One of those factors is the existence of a fire hydrant to the south of the site, near Spring Valley Elementary School. ■ Butte County Planning Convnission Agenda Report ■ 3 , AGENDA REM As stated in the project description, the park will have 14 spaces that provide full hook-up (water, sewer, and electric). With these amenities, long term or even semi-permanent living arrangements are possible. Parks of this type are not intended or designed for this type of living and character and functionality of the park would be affected. For these reasons, it is recommended that the length of stay for all spaces be limited to no more than 30 days in any 60 day period. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act(CEQA) and is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the .project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project: PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property ownenr within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION'. Staff recommends that the Planning Commission approve this request, subject to the findings and conditions listed in Fxhibit A. Exhibits: A: Conditions of Approval Attachments: A: Vicinity Map B: Site Plan C: Environmental Documents K\perepor%kacik.rpt ■ Butte County Planning Convrassion Agenda Report ■ 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) 95-146 PERMIT NO. AP 041-330-017 ASSESSORS PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Beth Tkacik is hereby granted a Use Permit in accordance with application filed: 3/7/95 to allow full service RV sites, mini market with gas station, storage lot, laundry and bath facilities on property zoned "U" and S-H located on the northeast corner of Pentz Road and Rghway 70, Oroville. . 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with . the procedures set forth in the Butte county Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Pennittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Pennittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs; legal representatives, successors, and assigns of the Permittee. FINDINGS: Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. ■ Butte County Planning Convnission Agenda Report ■ 5 , AGENDA ITEM Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish of wildlife or their habitat; and C. The planning Commission has independently reviewed, analyzed .and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of the County of.Butte; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies in that the Unclassified Zone and Scenic Flighway Zone contain provisions for permitting the requested use. B. The use would not be unreasonably incompatible with or injurious to surrounding property or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood in that the surrounding parcels are mainly vacant at this time and the current zoning does not permit uses or densities that would conflict with the uses proposed in this permit C. The use would not be unreasonably incompatible with or injurious to the general health, welfare and safety of the County in that mitigation measures and conditions incorporated as requirements of this project will ensure the general health, welfare and safety of County residents. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use Permit for Beth Tkacik on AP#041-330-017 to allow a full service RV. park, mini-market with gas service is approved subject to the conditions listed herein. B. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental ■ Butte County Planning Con mm sion Agenda Report ■ 6 AGENDA REM determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. C. Conditions of Approval: 1. Approval of this Use Permit shall render Use Permit #86-65 for the boarding kennel null and void. 2. Prepare a detailed grading plan to be reviewed and approved by the Butte County Department of Public Works and a Best Management Plan to address erosion. Implement the approved erosion control measures during site construction. 3. Structures, dumping, fill material, vegetation removal and/or excavation shall be limited within 25 feet from the top of bank or outer edge of the riparian vegetation,whichever is greater. Vegetation removal necessary for flood control is permissible within this area, however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal. Any stream crossings with roads or driveways must first obtain a stcanbed alteration permit from the California Department of Fish and Game. The applicant may construct walking paths and install picnic benches within 10 feet of the creek. 4. Prepare a drainage plan that provides a permanent solution for drainage that will not result in any increase in peak flow runoff volumes over that of pre- development levels and maintains the flows of the existing drainage coming under and off of Hwy. 70. The plan must be submitted to, and approved by the Butte County Department of Public works prior to issuance of the Use Permit. 5. Install a Cal Trans approved sign along westbound Hwy. 70 indicating that there is a campground, right at Pentz Road. The location shall be approved by Cal Trans. 6. Install a pressurized water with hydrants that meets the requirements of the Butte County Fre Department/California Depaatment of Forestry. 7. Construct a left tum pockett and road approach, to Butte County Public Works standards, on Pentz Read and at the entrance to the project site. 8. The length of stay for all spaces in the park shall be limited to no more than 30 days in any 60 day period. 9. Submit a detailed landscaping plan to the Development Services Department ■ Butte, County Planning Convwsion Agenda Report ■ 7 AGENDA ITEM prior to issuance of the Use Permit which show all trees to be removed, the locations and type of new tree plantings, and the type of irrigation system proposed. 10. Each road frontage will be restricted to 1 sign, no more than 36 square feet in size. The sign may be lighted either internally or externally. No other pole or monument advertising signs will be allowed. One building mounted sign, not exceeding 50 square feet,will be permitted for the store/office. Directional signs within the park are not restricted, but shall be no.larger than 4 square.foot each. The sign along Flighway 70 will require a permit from Cal Trans. 11. Obtain a public water system permit form the Butte .County Environmental Health Division. The water system will have to meet Safe Drinking Water Act requirements and Title 22, California Code of Regulations pertaining to waterworks. The well construction must conform with Bulletin 74-81 well standards an well construction permit. 12. Obtain a food establishment permit from the Butte County Environmental Health Division. 13. Obtain permits from the Butte County Environmental Health Division for the installation of underground storage tanks for flammable liquids. The installation of these tanks must also meet all applicable State requirements. 14. Comply with Chapter 6.95 of the California Health and Safety Code pertaining to business plan and inventory requirements for facilities storing hazardous materials. 15. Obtain permits from the Butte County Environmental Health Division for the installation of new septic tank and.leach field systems. 16. Clear all brush, dried grass, and dead vegetation from within 30' of the butane tank. Install 4'"di,ameter solid steel or cement filled crash posts on the westerly and southerly sides of the tank. The posts must be set in concrete to a depth of at least 2' and the posts must stand above the ground surface a.minimum of 4'. Spacing shall not be less than 6' apart. 17. Applicant shall also comply with all other applicable State and local statutes, ordinances, and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions and that they are, in fact, the conditions which were in posed upon the granting of this pernrdt. I agree to abide fully by ■ Butte County Planning Convr¢ssion Agenda Report ■ 8 AGENDA ITEM said conditions. Dated: Applicant Signature: Butte County Planning Commission Cbairman: Note: Issuance of this permit does not waive the requirement of obtaining, Building Division and Environmental Health Division permits before starting construction, nor does it waive My other requirements of federal, state, and local law. cc: Land Development Division, Public Works Department Building Division, Development Services Department Environmental fMth Division California Department�of Forestry ■ Butte County Planning Commission Agenda Report ■ 9 -o d a Project' Lo' catio � -Pe Roa Che ee Vicinity Map AP# 041-330-017 U Pr. 'ec Location o as a� c a� J BUTTE COUNTY PLANNING COMMISSION Applicant: Beth Tkacik Owner: Same Hearing Date: September 14, 1995 @ 9:00am Existing Zone: U, S-H N Request: Use Permit to allow full service R.V. sites,mini market with gas station, No Scale storage lot,laundry and bath facilities. Assessor Parcel No: 041-330-017 File:95-146