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072-070-021
~S�i1FF m BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP06-08 In accordance with the California ,Environmental. Quality Act (CEQA), Butte County has .prepared an Initial Study (IS) and is considering. the adoption' of a Mitigated Negative Declaration (MND) for project Use permit UP06-08 and Map Correction COR 06-02 at a public hearing before the Butte County Planning Commission to be held on September 28, 2014 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center -Drive, Oroville, California. - Project: Use Permit 06-08 and Map Correction COR 06-02(Conley Boat Storage, Oroville, CA) Location, 6250 Miner's Ranch Road, about half a mile south of the Oro Quincy/Miners Ranch Rd intersection, Oroville, CA APN: 072-070-021 Proposal: Two applications are proposed to bring an existing boat storage facility at 6250 Miner's Ranch Road into compliance with Butte County Code. The first application is for a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the existing, 4+ acre boat storage footprint currently existing onsite. The second application is a Certificate of Correction to remove a recorded map condition from a Final Map in order to eliminate a 100 feet no development area on both sides of a seasonal drainage, which has been modified and relocated around the site. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. Recommendation: Adopt a Mitigated Negative Declaration pursuant to CEQA and approve the Use Permit, subject to findings and conditions. The Certificate of Correction is not ready for action at this time; COR 060-02 will return to the Commission at such time as a complete application is ready for action. The IS/MND and reference documents for this project are on file for public review and comment starting Saturday, July 26, 2014 through Tuesday, August 26,2014. Comments may be submitted in writing at any time prior to the hearing at the Butte County Planning Division, 7 County Center Drive, Oroville, California or orally at the meeting listed above or as may be continued to a later date. The IS/MND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and finally the project document. If you challenge the above application in court, you may be -limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email . to Stacey ' Jolliffe, (530) 538-6573 or siolliffe@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES DELABY FAMILY TRUST 4572 OLIVE HWY OROVILLE CA 95966 COPPEDGE JOHN STEPHEN 10 BLAKESLEE DR OROVILLE CA 95966 COPPEDGE JOHN STEPHEN 10 BLAKESLEE DR OROVILLE CA 95966 ENSMINGER CURTIS A & SHANNON R 143 WILLOWPASS RD OROVILLE CA 95965 MOYAL TRUST 1941 CHATEAU CT WALNUT.CREEK CA 94598 CASWELL HELEN 5488 OLD OLIVE HWY OROVILLE CA 95966 HARDER PAUL -H & LAVONNE R 62 BLAKESLEE DR OROVILLE CA 95966 COPPEDGE JOHN STEPHEN 10 BLAKESLEE DR OROVILLE CA 95966 FIFTY FIVE SEVENTY EIGHT OLD OLIVE HWY LAND TRUST PO BOX 2355 OROVILLE CA 95965 LS PAULINE J �dFAL OT PO LE 65 CHAVEZ GILBERT D & KAREN D 6265 MINERS RANCH ROAD OROVILLE CA 95966 HARDER PAUL H & LAVONNE R REV LVG TRUST 62 BLAKESLEE DR OROVILLE CA 95966 CHAVEZ GILBERT D & KAREN D 6265 MINERS RANCH RD OROVILLE CA 95966 COPPEDGE JOHN STEPHEN 10 BLAKESLEE DR OROVILLE CA 95966 GRIMES SCOTT & GABRIELA 6210 MINERS RANCH RD OROVILLE CA 95966 ELAM GEORGINA R REVOCABLE TRUST ETAL 5440 OLD OLIVE HWY OROVILLE CA 95966 CONLEY CALVIN B & DENISE K 6250 MINERS RANCH RD OROVILLE CA 95966 t " Form A Notice of Completion & Environmental Document Transmittal sCH # Mail to: State Clearinghouse, PO Box'3044, Sacramento, CA 95812-3044 916/445-0613, Project Title: 'Cal Conley Use Permit UP 06-08 & Map Correction COR 06-02 Lead Agency: Butte County A Contact Perscn:' Stacey Jolliffe Street Address: 7 County Center Drive J Phone: (530) 538-6573 City: Oroville Zip: 95965 County: Butte + — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte Cross Streets: Miners Ranch Road Assessor's Parcel No. 072-070-021 Within 2 Miles: State Hwy #: 162 City/Nearest Community: Oroville Zip Code: 95966 Section: Twp.' Waterways: Total Acres: 10.31 acres . Range: Base: Airports: Railways: Schools: -------------------------------------- Document Type: CEQA: ❑ NOP ❑ Supplement/Subsequent EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cong (Prior SCH No.) ❑ EA ❑ Final Document © Neg Dec ❑ Other - ❑ Draft EIS ❑ Other s ❑ Draft EIR ❑ FONSI ---------------------------------------- Local Action Type: ` ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ® Use Permit ❑ Coastal Permit ` ❑ Community Plan ❑ Site Plan • ❑ Land Division (Subdivision, etc.) ❑ Other ----------------------------------------- Development Type: ❑ Residential: Units_ ❑ Office: Sgft._ © Commercial: Sgft. — ❑ Industrial: Sgft. — ❑ Educational ❑ Recreational Acres Acres Employees. Acres 4+l- Employees. Acres Employees. ❑ Water Facilities: Type MGD ❑ Transportation: 'Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type ❑ Other: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Funding (approx.): Federal $ State $ Total $ Project Issues Discussed in Document: © AestheticNisual © Agricultural Land © Air Quality © Archeological/Historical ❑ Coastal Zone © Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal © Flood Plain/Flooding © Forest Land/Fire Hazard © Geologic/Seismic © Minerals © Noise © Population/Housing Balance © Public Services/Facilities © Recreation/Parks © Schools/Universities © Septic Systems Q Sewer Capacity © Soil Erosion/Compaction/Grading © Solid Waste © Toxic/Hazardous © Traffic/Circulation Q Vegetation © Water Quality © Water Supply/Groundwater © Wetland/Riparian © Wildlife © Growth Inducing © Landuse © Cumulative Effects ❑ Other — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use/Zoning/General Plan Designation: One SF dwelling, approximately 4+ acre storage area for boats / MU -1, Mixed Use -1 / Mixed Use Project Description: This IS/MND analyzes two applications, a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the existing, approximately 4+ acre boat storage footprint, and a Certificate of Correction to modify condition Igf 1sted3 r1�49 Map recorded in Book 146, Pages 80-82 on February 22, 1999 to relocate drainage and remove a.'no development' area. 23 Reviewing Agencies Checklist ' Resources Agency,' % Boating &Waterways , 'Coastal Commission ' Coastal Conservancy Colorado River Board Conservation Fish & Game Forestry & Fire Protection . Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics California Highway Patrol CALTRANS District # Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services Form A, continued KEY S = Document sent by lead agency , X = Document sent by SCH i V = Suggested distribution ( Environmental Protection Agency ; Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # ( ) Youth & Adult Corrections Corrections Independent Commissions & Offices i Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other OLA (Schools) ----------------------------------------- Public --------------------- ----------------- Public Review Period (to be filled in by lead agency) Starting Date July 26, 2014 Ending Date August 26, 2014 SignatureDate 0 7-4T ------ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: ( ) Applicant: Address: City/State/Zip: Phone: For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: PROJECT SUMMARY SHEET FILE NO.: UP 06-08 PROJECT TYPE: Use Permit APN: 072-070-021 APPLICANT: Cal & Denise Conley ADDRESS: 6250 Miners Ranch Road, Oroville, CA 95966. PHONE: (530) 589-3779 OWNER: Cal & Denis Conley ADDRESS: 6250 Miners Ranch Road, Oroville, CA 95966 ' REPRESENTATIVE: 4 ADDRESS: . PROJECT, DESCRIPTION: Use Permit to expand a non-conforming use , LOCATED: on Miners Ranch Road, about a half a mile south of the Miners Ranch Road -- Oro Quincy Intersection PROPERTY ZONED: A-R. (Agricultural-Residential) GENERAL PLAN' DESIGNATION: LDR (Low Density Residential) TOWN/AREA: Oroville - 1. Application accepted: 1/19/2006 Amount: $ 3752.5 • Receipt #: 443464 2. Assigned To: Carl Durling 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, r CDF, Building Manager; County Counsel 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 2/8/2006 7. Comments received from: 8.. Rezone Petition Signatures Checked- 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: ; State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration, Subject to Fish & Game: Environmental Impact Report • , Gen. Rule Ex. — CEQA # Other i 11. Staff Report Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication Notice Written; Display Ad PFepared: 14. Notices Mailed: Number of Notices: 15. Newspaper Publication Date: O C P G B 16. Planning Commission Hearing(s): Action taken: , 17. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Use Permit, Send for signature: 19. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No ' 20. Send validated Use Permit: 21. Assessor's Memo: 22. Copy of Use Permit to GIS: + + i. 4 � w .� ,°Y �.. 1V � ~ { i" L3 +� � k r,y! Y Jam' ' F • � L._ ._- , , ' �• - t 1+r • ,. • . f • ' DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 ' '. APPLIC T'S AMJ: (If ap lication is different from owner an affidavit is required.) - ASSES OR'S PARCEL NUMBER: 1 ` �� Z l ADDRE Si' STREElf, CITY, STATE, &ZIP CODE FILE NUMBER: (FOR OFFICE USE) E-MAIL: :TELEPHONE:- 5 3771' l NAME OF PROPOSED PROJECT (if any) LOCATION OF PROJECT (major cross streets and address, if any) p N W� 3 L ^*n.���pMele�.�iWR�- ^'vvt�,��h�lkP�.:c ,� .M ,; ° yg}INFO'R1sVIAs ,D 4 •'. # '' .0 XiY•L3aira..wf�i�a'S+sMei+W:K#.B*"�h1KF••'�Y.ith J't '_sS"C 1-ysE_ 2G... by 1 '. OWNER'S NAME: TELEPHONE: GO 2n ADDRESS: G CITY, STATE, IP CODE: Z f ck c' 0 a 01, R�� ZONE GENERAL PLANEXISTING LAND USE SITE SIZE (in square feet or acres) x EXISTING STRUCTURES (in square feet) PROPOSED STRUCTURES (in square feet) E Check One) (Check One) t ❑ PROPERTY IS OR PROPOSED TO BE SEWERED [5d PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS'OR PROPOSED TO BE ON WELL WATER • j` �,k��''[ 1ti�TMi6'h'3Ti"=t�°4•+'i�J' ,y°' ar '�,'7 (?1. i°' 1. - R h APPL'ICATIO�NREQUE15, . h s ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑TENTATIVE PARCEL MAP ` [01USE PERMIT ' ❑ WAIVER OF PARCEL MAP ❑MINOR USE PERMIT s ' ❑ BOUNDARY LINE MODIFICATION ❑VARIANCE ❑ LEGAL LOT DETERMINATION - ❑ MINOR VARIANCE . ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ' ❑ DEVELOPMENT AGREEMENT ❑ OTHER r. DESCRIPTIO FULL DESCRIPTION OF PROPOSER- PROJECT (Attach necessary sheets. If this application is for land division, describe the number and size of parcels) di t �N. o'r eV -61 �S W_ ��:1... �'«. z �„ �Of .WNERERTIFI�CAT ONE I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY., FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE, INFORMATION IS TRUE AND r' • ' ACCURATE. (If an agent is to be authorized, execute an affidavit of au ion and include ffidav with this application.) DATE: -— G5-`- Q S SIGNATURE: K:'FORMSTLANNING FORMSWPPLICATION FORMSUNIFORM APPLICATION.countercopy.doc , ` - Pagel of 3 f, AGENT AUTHORIZATION TO: Butte County, Department -of Development Services: C4 COQ(530 5( - 3� Phone Number Print Name te,q-sz� inn &A-V\,C k oil Oct !?S1 6 Mailing. Address is hereby authorized to process the application for2P�= Tb Nyv\ M eVd-I g I . on my property, identified as Butte County Assessor Parcel Number (APN) LIP P - Q2 . This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) n3 Print Nam Signature Architect and/or.Eingineer: Print Name Signature Print Name of Architect/Engineer- Mailing rchitect/EngineerMailing Address FOR OFFICE USE ONLY Verify: Date Received: T{4\A • 1�;, 2e1� Total Amount Received: 3.2 2. •_ 20 AP Number(s)] Legal Description Owners Authorization ❑. Zoning Requirements Project Description R] Copies of plot plan Taken by: _�'���(,�(.+ Receipt No. PW/LD l Plan.2 ct-ID_ E.H. 2,02 CDF 9, �A -7 NOD/NOE Fees AG. 3 2 Sa ❑ Archaeological Resources Project Review Fee $60.00 (paid by a separate check, necessary for all discretionaryland use projects requiring an environmental review, made payable to the Northeast Information Center) Payment of the currently required Application Fee and/or Deposit (any unused portion of a deposit) will be returned upon final action. Current fee for this application is ,1.Z s -0 as of r s s . Make check payable to "Butte County Treasurer". Revised 1/27/05 K:\FORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION. countercopy.doc Page 2 of 3 W , ' COUNTY OF BUTTE ° ENVIRONMENTAL INFORMATION FORM (To be completed by Project Applicant) 'DateyFiled GENERAL INFORMATION: + ! /l Name and/or ` /' � OVA t 1. and address of owner, and/or developer, project sponsor: 6 25b ,M ,.,16w S va 2. f, -Address of project: ZS(� v�n,a�► a�r� "C Orb V1 Assessor's Parcel Number: 0 j 2 - n "7 (3 ; O - . ' 3. Name, address, and telephone number of person to Oe contacted concerning this project: Cox-, �o • M ki -e v C k 2 0v(JL4; l� r ' * 4. " List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5: Existing general plan designation: 6. Existing zoning district: ' - 7. w How is land currently used?____S; 8. Proposed use of site (Project for this, form is filed): which ice 630141; ' Project Description: 9. 'S ite size: • (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: r Total:. 11: `Plans attached: Yes No 12. Proposed development schedule • 13. Associated projects # 14. Anticipated incremental or phased development f . ■ Butte County Department of Development Services ■ Planning Division ■ : 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, .rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary): YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 41 23. Significant, amounts of solid waste or litter. _ .24. Change in dust, ash, smoke, fumes or odors in vicinity.' 25. Change in bay, lake, river, stream or ground water quality, or quantity, or alteration of existing drainage patterns. .26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic. substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting: (Attach brief description) . 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. , Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development. (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. , 0 Butte County Department of Development. Services 0 Planning Division 0 5 Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. DateSi nature ' S 4 -s C, es pro'/, rG� ' oA--e,-d Kb 0o\e,,✓p Vn4 j o[Yy OUASS(pqej C� �s v f S (l el cJvSkom \� c�Vy\C. 3 �C� I Z�-)bR) ' Cpm p� v�eG� 0 S . Yew Ci bS 4.00 5U Y' (00t ► - .O-J�/ PC6 c edc 4fecs . �. SVYdOU �li�� CwIrIt SOv�A' the 60C OwhS Imtn-p-rs 1� (%lti Ir.Q� N�S � 0 4 -v -,/i S 1�cJ b � �^C-e 2S . i3�c, k- ' (.� � � t� • r �1�G<S-On � l c0rn `w� � CrCt r> o re.stc�e r) . VVZS� F v5 I'� ►�cc: K:\Planning\FORMS\Sub i I\ENV-INFO'.F M o S ^flys QnV� Ec k 0 US LS �1 res ce . 01 LG�S s . El \�G\ ' MSb C.iM r Y. (1. V t-5 G, Vjl O u lc S� 0 Butte County Department of Development Services 0 Planning Division 0 DAVCO BUSINESS FORMS • (530) 743-8511 Form 84702 ." � - - � • COUNTY OF BUTTE 443464 OFFICIAL RECEI T OFFICE OR DEPARTMENT ISSUING RECEIPT Received from 64- _ The Sum of t�7r7'�fo(,tS o Sl�JC-eq tfufuppeo 'W� f",;s S 7 For LAP OL "A4 0 7 7. Tb o 2 - Received: Received: Received By� CASH ❑ Title -D CHECK By BUSINESS FORMS • (530) 743-8511 Form 84702 $0.00 IALUC (Airport'Land Use) j } $0.00 _ $0.00 Nori Sufficient Funds ($25.00 1Cell Tower ($2500.00) . $0.00 !. • l� .._ •v_ � •,.. � _.. � .- c -. _'.ter•. -r.. -.• ._._- y•_r .-.. n -S^. . ' �-l... J.. -.w �.•.. r -_ .w :�. .. • Development Services • . , , Friday, January 13, 2006 _ = •'4 PLANNING DIVISION Ver. 1.013 i" " 1 F ' .. x ! . , .... V T a..+ - rr? •.. - . \ C?'"" a ''! ..i •. — i .A ,4 Sy •..K .: . ', Counter DDS Planning, '1$2,970.00'V ' Person 'Chris •' (General Fund) Payment Date 01/13/2006 I• Public Works $165.00 2 a 1A 4 f (Land Development) • ,. t, Receipt Number P _ 443464 :Y• - i Environmental Health $202.00 n. _ Receive 'Calvin Conley { - CDF (Fire Department) _ ^ `a. $347.00, _ • - _ " , NOD / NOE $36.00 ✓ �Iz '• { . i' Applicant same (Recording Fee) • _. .. Aunt Minnie � - _ $0.00 Application Number -11P 06-08 I $1, S00 or $2,000 • or In Reference To , Planning Review / EIR i $0.00 - Parcel Number ;072-070-021 Fish/Game $0.00 IALUC (Airport'Land Use) j } $0.00 _ $0.00 Nori Sufficient Funds ($25.00 1Cell Tower ($2500.00) . $0.00 !. /•r. L. r aha. i . 4 +w�� ��� •. x l .` 4.., � :4 . • - n' COUNTY OF BUTTE a AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT (, C:ROVIL:LE, CA `. Y A-PR NO RECEIVED FROM PLANNING BRAG # 32.Fr DATE � F LON D FUND DEPT :' . ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AIM aJL#Nfl'''° DEPOSIT-DATE:. 101; RECEIPTS: ' 44346&"346G 'LANINING AP'PL FEES GENL ,0010 4.4OW1 421099, 101001 3,525.00- '; = Protect Number AF3t�Lsnt of FFe APN 072-G70--02'I-CALVIN CONLEY., UP QM8 $2,270.0t1- '� f APN 028-180_1144,050: _iAME'5—G_6WEN`Ll.`la 06 f? $555.00 LAND DEVELOPMENT GlEFl L 009(p 440(04.. 469170010100V ' . 524.00 Project NSurnbes At��rur� of Fee F" APN d72-Q70-Q2l;CAL%AN COMFY; UP-W08. $965.00 .. APRT. 02;3.180-044,050; ,JAMES GOLDEN; LLA'01-47 $359.00 t, ENIdfIRGN MtNITAL HLTH. ' GENFL 0010 540OD3, 4614901. 101001 A16.00 ,. Project Number Amount as Fee' _ APN. 072-07fl-024;CALV!t%"CONLEY; UP 06-08 _ $202.00` APRT 028-190`n44,050;-JAMES GOLDEN -.LLA Q&17$294.00 FIRE PI PIG APF'L FEE.... FIRE PROTECT �A�.. �' ', 461724ilY 101013'6 f 40`I t�C9 ' " ` Project Vumb6r - i Amount of Fee. APN 072-070-029:CALViN CONLEY;. UP 08-Q8 $347.00 .APN 028-160-044,050; JAMES GOLDEN; LLA. 06-9 r' (.NOE3INOE-Cl.i=RK S.FILINf.G,.FE GENL..: ' 0010 470W. 46923`Ii 101001 3�.tuQ '($M) Project Number' Amount of Fee is •' APRT 072-070 021:CALVIN CONLEY: UP 08-08 $36.00 y'..r. f AGRICULTURiE EE 0010 46=� ": 461?-200 ' 109001 � 65.00. , Pro ect Flu j -Amount of Fee APN 071-070-029;CALVIN CONLEY: UP 06-08 $32.50 API 023-180-044,050; JAMES GOLDEN; LLA 06.17 _ . ;. $32.50 ' t c TOTALI 4,067.00- i APPROVED Bif: _ RECEIYEF] .BY: � AUDITOR-CONITROLL.ERTREASURER ' - r a: iaahite--treasuaer` 5 ink--auditor eanary-depo�situr �atdedt roei=tile ` 1 CyOUNW OF BUTTE AUDITOR'S CER-11FIC ATE AND TREASURER'S RECEIPT CDROVILLE; CA ,OTR Nf5°��'� . RECEIVFD FROM PLANNING BAG #3M DATE fj d 7d��fl� FUND FOND DEPT' ACCT : CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: " ! M i RECEIPT'S: "3464-443466 PLANNING ADPL FEES GENIE_. 0010 44OW1' 42109OL-1 10001 3,573- d � Project Number Acoaourd of Fee APN 072-G7M2i-CALVIN CONLEY; UP QG-08 APPA 1928-180-044,050; .MMES GOLDEM LLA Wil '. $555.00 LAND DEVELOPMENT GENtL. 0010 44W#:r4,. 49117.00 101WI 624-+00 Project Number Amount of Fee APN 072-070-021;CALNAN CONLEY UP 06-08 _ $185.00 APN x023"!80-044,050; JAMES GOLDEN; LLA 06-17 $369.00 EWv(IRON MENTTAL NLTH GENL W10 540OD3 4614901 iOiW 9 416.00. Project Number Amount of Fee APN 072-070-021; CALVIN CONLEY; UP GMS' $202.00`' APN 028-180=044,050; GOLDEN; 03 JAMES GOEN; LLA -17 - $214.00 a: . FIFE PLNIG APPL FEE. FIFa'F r"'�QTECT 0' x...4617? Project Number J Amount of Fee . APN 072-070-021;CALVII+CONLEY; UP 08-08 .APN 028-180-044,050; JAPES GOLDEN; LLA 06-17" $54.00 (NODfNGE-CLE-RK' S-FILINflG_EE GENL IDOiO 47 1'' 46! 3!3 167g4D0! 36.C6C� ( ). Project Number Amount of Fee . ' APN�072=070=021;1=.AL':�i6U CONLEYaf✓P 06-08 — _ '—.11�36:0ti'—"„� . AGRICULTURE AGa. FEE -0010 46=-i : 46i226ri !fowl 55.00 Project Number 'Aoung of Fee APN 072-070-021;CALVIN CONLEY; UP 06-08 — $32.50 APN 028;1M044,050; JAMES GOLDEN; LLA 06-17 $32.50' TOTAL .$ 4,067.0 ; k APPROVED BY: RECEWED BY: AUDITOR -CONTROLLER TREASURER white treasurer pink ---auditor canarY=depositor g®Ideh rnd==6le- Q z m USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include•this checklist along with your submittal. Applicant Planner 1 . ❑ Complete.a Pre -Application Review with the Environmental Health Division for on- site sewage disposal requirements for the proposed use. The Environmental Health Division charges a $202.00 fee for this review. (This fee will be applied towards the $404.00 Environmental Health Division fee required at the time of application submittal). completed, si ed Uniform Application and Environmental Information form. If the 2 . ❑ A t� PP . application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. _ 3. ❑ L"l aYment of the currently required Application Fee and/or Deposit(Any* n unused ortion'of . the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 4. ❑ Thirty-five 35) copies of plans which shall include a detailed site plan drawn to scale. All pl shall be drawn on uniform size sheets no greater than 24" x 36". The finished plans all be folded to 8 %" x 11". The detailed site plan must include: a . ❑ Name arid address of Applicant, Engineer and/or person who prepared the plan b . ❑ Property lines and lot dimensions c. ❑ I I Assessor Parcel Number(s) and the street address. d. ❑ I I Proposed use and/or uses of the property. e. ❑ Proposed landscaping plan, if applicable. f. ❑ Dimensioned locations of existing and proposed improvements on the. property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 . g. ❑ ❑ .. Distances from anysignificant natural and constructed features of the property, such as ' streets, access roads, streams, rock outcroppings, major tree stands, stone drains,' bodies of water, railroads, to the property lines. h. ❑ 0 Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings; natural. drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. I. ❑ ❑ Any existing faults or fractures and geologic hazards: J. ❑ ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet: , k. ❑ ❑ All plans must be clear and legible. 5. ❑ ❑ One copy of 8 '/2" x 11" transparency reduction of the detailed site plan' 6. ❑ ❑ A vicinity map showing closest major cross streets, zoning and existing land use.. After a meeting with `a Butte County Planner the following checked items will be required to be submitted _ at the time of application: (optional) 7. ❑ ❑ One. (1) set of colored.plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. ! Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 8. ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 9. ❑ ❑ Building materials on a sample board, 8 '/2" X 11 ". 10. ❑ ❑ Detailed site plan including the following: a. ❑ ❑ Building setbacks from the ultimate road right-of-way (front, rear, sides). b. ❑ ❑ Proposed and existing on-site driveways and/or roads. c: ❑ ❑ Location, height, and materials of walls and fences (sections may be required). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within" ' 100 feet of the subject site. e. ❑ ❑ Existing.curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site, on adjacent and across the street properties. f. ❑ ❑ Typical street section(s). g. ❑ ❑ Nearest cross streets on both sides with plus or minus distances from subject site. h. ❑ ❑ t Approximate location of all buildings within 100 feet, on adjacent properties. I. ET Proposed method of sewer .and water connection or alternative method of sewage disposal and potable water supply. J. ❑ ❑ Existing, and nearest fire hydrants. k. ❑ ❑ Access, both pedestrian and vehicular, showing service areas and points of ingress and egress. 1. 0 0 Internal circulation pattern. in. ❑ ❑ Elevation contours, at a minimum per-USGS maps. 11. ❑ ❑ Illustrative Site Plan , The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape , concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as maybe necessary to illustrate the site plan. (Dimensions maybe excluded from this plan.) 12. ❑ ❑ Conceptual Grading Plan Items to be shown include: " a. .❑ ❑ Natural areas to be preserved • b. ❑ ❑ Proposed cut and fill areas in contrasting colors of zipatone pattern. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 Y ❑ " ❑ Existing and proposed co' ntours.wi thin 100 feet of project boundaries. c. , d. ❑ ❑ ` Proposed "drainage and flood control facilities. ❑. ❑ Erosion control measures (e.g. - slope landscaping). } f. ❑ ❑ Natural drainage. ' g. ❑ ❑ Elevations and finished contours. h. ❑ 0 Location of retaining.walls,.drainage•chanriels and existing structures. I. ❑ ❑ Location, elevation and size of proposed building pads. 13. ❑ ❑ Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations"graphic dimension. 'Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above " submittal information or to complete any required environmental review documents, as deemed necessary by the, Department of Development Services; Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Date: Applic epresentative k. Signature: - Date:.. Planner Receiving Xpplication K:\FORMSTLANNING FORMS\usepermitchecklist.doc Revised 2/1/05 IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. " 4 ,. . • t,.., C ` � �. - . �tf,> t�- it j t.. �''� �+�>� iT �1�.' t �!�', iso;��jiL.� ^��- q rl^ �,_+ - W ; i�yj �_-'C.i'r; k 1�ti; N�� :�,ytrs �'r •i+1 ,r+ft io f `� ' ��: -+� .no' �, �Fa ,~ 7 't,� r `v rU,.a�j'�, :.r� tt,�`'3,'l�'l + �.1.'.•y � 162 � `. s,• ' v . + r. Jjy .r(.r l' •� ZI ray ^1sT R V. . ti�:a},tom . 4 ., ... - �.� .{r'• \ `�•; * � ^� 2[��fn'! 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" -'� ,•,h -:.; y 'i g tv ^b �•.-r'g,. m �.. � `5:ft7 •� ��#�� :s .�.4 :'�� �. s ;`L,t+ .�`-I'�'.'�`] � `u�{ - �. r+�` t r � p,F, t#�6� �."l•'�.�,;.:"':a �'�...i,� "� � / � p a •, i. , 'i '` ,� � Nit_ #1�,,.,•.. s MDR MDR ` 1 G -C M G -C e Pkwy 0 oft, t PUD E -ITOal, Geo MDR Lasso Pkw_V �0 C S - e Pkwy 41- o � doe f s Q General Commercial ® Oy i • ' _ Neighborhood Commerdel Q U-1 0 Community Commercial PUD a J � ®MaeaYee -1 I �, Silvery _ OMhed Use .2 - - 8pykp \ ®Mhed Use -0 Reemado, Comm u ial Project location O spore ant Entertainment : --— .. �. `' • ,. .(,' MU -1 _ _ Industrial Zones y V:. ® Ugnt lrtluctrml C - , - - , • Q General Industrial ' ' •• - • - • .� - s Nervy Industrial -'r ! y . Special Purpose Zones r•. - , 5 _ Public i y.l • > !aTss�� _ �._ a I Q Airport C. Q Research and Business Park ~O PUD .RR_5 ,' � N � tie .. �'. y �e General—Plan Residential Designations r• _ 1 ' • �S 1 . ® Foothill Residential 11 Ie 40 addu) C• Rural Residentlal (S to ID aeldu) Vary low Density Residential (up to 1 dufac) �•' © Me iluen Density Resldontlel (up to 6 dulac) G ', • ' � CommerclaUlnduetrlal Designations C3Mhed Use (4 m 2D UWep and 0.5 ma tatum FAR) I v,L'. Resit and Office (0.4 m ndmum FAR) Other Designations 0 Public RR -5 ` • O panel .. O + ' hry •y - t . l ;.:. m MU -1 — mem, RR -5 r MU -1 tr 550 275 0 550 1,100 1,650 2,200 Feet BUTTE COUNTY PLANNING COMMISSION kpplicant/Owner: Cal & Denise Conley Searing Date: August 28, 2014 (a 9:00 a.m. Zoning: Mixed Use 1 . tequest: A Use Permit to expand a legal nonconforming use for )peration of a boat stoarge and maintenance facility. Ae42neenlr Dornnl TV—n77 n7n n11 , - N I w�E Supervisorial District #I File: UP 06-08 •Y Zoning ' -. Agricultural Zones ' •�AOdpdbnm - 20 . 1J-Legend Agriculture -40 Agdcmmre.80 Agdmtlture - 150 Ailduutum berries Natural Resource Zones OTbnber Mountabh (,Step minhnum) - ' yb Q nbar Production (160— minimum) MDR 4 OResource Conservation (a0-apminimum) •,C ' - Residential Zones O Rural Residential - 10 (up to, dune ac) • Rural Residential -5(up to t du5 ac) GyC G -C ® Rural Country Residential- 10 Foothill Country Residential -20 Q Very Low Density Redderelal - 2.5 (up m 1 du12.5 ac) •\ ' ' .. - r _ 1 Very Low Density Country Residential (up to 1 du/ac) _ x" Vary Low Density Residential (ups, dufac) PUD ® low Denauy Residential (up to a ddac) Medium Density Residential (up to 5 dufac) ' 1 RR -S - 0 Medium High Density Residential (up to 14 dulac) e0 - Nigh Density Residential (1 a to 20 du/ac) Foothill Residential -1 (up to 1 dufac) . Foothill Residential - 2 (up to 1 dug ac) / Foothill Residential -51hp to 1 du15 ac) t.- Footh51 Residential- 10 (up to 1 duA0acJ • •v�• O Foothill Residential - 20 (up to l duRO ac) _. ® Foothill Residential- 40 (up to l du/40 ac) • �. Commercial and Mixed Use Zonas f s Q General Commercial ® Oy i • ' _ Neighborhood Commerdel Q U-1 0 Community Commercial PUD a J � ®MaeaYee -1 I �, Silvery _ OMhed Use .2 - - 8pykp \ ®Mhed Use -0 Reemado, Comm u ial Project location O spore ant Entertainment : --— .. �. `' • ,. .(,' MU -1 _ _ Industrial Zones y V:. ® Ugnt lrtluctrml C - , - - , • Q General Industrial ' ' •• - • - • .� - s Nervy Industrial -'r ! y . Special Purpose Zones r•. - , 5 _ Public i y.l • > !aTss�� _ �._ a I Q Airport C. Q Research and Business Park ~O PUD .RR_5 ,' � N � tie .. �'. y �e General—Plan Residential Designations r• _ 1 ' • �S 1 . ® Foothill Residential 11 Ie 40 addu) C• Rural Residentlal (S to ID aeldu) Vary low Density Residential (up to 1 dufac) �•' © Me iluen Density Resldontlel (up to 6 dulac) G ', • ' � CommerclaUlnduetrlal Designations C3Mhed Use (4 m 2D UWep and 0.5 ma tatum FAR) I v,L'. Resit and Office (0.4 m ndmum FAR) Other Designations 0 Public RR -5 ` • O panel .. O + ' hry •y - t . l ;.:. m MU -1 — mem, RR -5 r MU -1 tr 550 275 0 550 1,100 1,650 2,200 Feet BUTTE COUNTY PLANNING COMMISSION kpplicant/Owner: Cal & Denise Conley Searing Date: August 28, 2014 (a 9:00 a.m. Zoning: Mixed Use 1 . tequest: A Use Permit to expand a legal nonconforming use for )peration of a boat stoarge and maintenance facility. Ae42neenlr Dornnl TV—n77 n7n n11 , - N I w�E Supervisorial District #I File: UP 06-08 A LA EAST.783.20' (R2) _ - NOTES:' (M) 1.' - ' •-� u S 89' 56' 53' E 740,40STRUCTURES, DUMPING, FILL MATERIAL, AND/OR S - - - ' EXCAVATION SHALL NOT DE ALLOWED WITHIN THE o: SO BUILDING SETBACK LINE NO DEVELOPMENT ZONE AS DEPICTED. : - 2. THE BUILDING SETBACK FROM THE SIDE OF THE 1' 60' o• I^ tly ° ACFT FREE�A�R-A AND NO D VEMOPMENT ZONE PROPERTY LINES SHALL BE NOT LESS THAN 30 3. FEET. . FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE _ N o INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES v1 tl o • 6 .gl�'1 u, - I IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION + 41Q I ASSOCIATION STANDARD FOR THE INSTALLATION OF - o SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS ' 6 - AND MOBILE HOMES, NFPA STANDARD 1UNLESS A _ EWAGE DIS OSAL � PRESSURIZED COMMUNITY WATER SYSTEM. WITH ' AR HYDRANTS THAT MEET FIRE DEPARTMENT SPECIFICATIONS, j SERVES THE PARCELS. 4. - THE SHERIFF'S FACILITIES IMPACT FEE SHALL BE PAID. PURSUANT TO THE PROVISIONS OF CHAPTER 3, ARTICLE 0.00, OF OF THE BUTTE COUNTY CODE. PRIOR TO THE ISSUANCE IJ OF BURRING PERMIT. SAID FEE AMOUNT SHALL BE 30.00' .. - c> RMINED AND CAL .0TERING PERMIT. 0' • ,1 I ' 2 m ONLY ONE PERMANENT DWELLING UNIT SHALL BE ALLOWEDDWELLINGPARCEL 2, AND NO ADDITIONAL RESIDENTIAL DWELLING UNITS SHALL BE ALLOWED ON PARCEL 1. N 100' OF THE •� I < ' ! SABLE SEWAGE DISPOSAL AREA AS SH 1 7. DEVELOPMENT OF THESE PARCELS MAY REQUIRE PAYMENT INTO THE WATER TENDER FUND. 8. LIMIT SOIL WORK TO PERIODS OF DRY WEATHER BETWEEN ^ •� IW I = `�' APRIL 15 AND NOVEMBER 15 UNLESS AN EROSION CONTROL ^ PLAN IS PREPARED BY•A CIVIL ENGINEER OR OTHER QUALIFIED U r$` 9 - 1 .. H • PROFESSIONAL AND APPROVED BY THE PLANNING DIVISION. _ n P • �, - , MULCH PROTECT, HYDRO -SEED, OR OTHERWISE STABILIZE-- ' THE SOIL ON ALL AREAS THAT HAVE BEEN DISTURBED OR V. w 0 HAVE BEEN CLEARED OF VEGETATION AND ARE OF ERODIBLE ^ h I2 • ,.�j .' MATERIAL. m h 9- CONSTRUCTION, INSTALLATION OR DEVELOPMENT OF STRUCTURES W v . I ' •. - ;' T, �r � OR FACILITIES ON THE PARCELS SHALL COMPLY WITH THE - - I T LATEST CALIFORNIA FIRE SAFETY REGULATIONS. (PUBLIC RESOURCES CODE 4290), AND ALL OTHER APPLICABLE STATE I - I 1 I „� , AND COUNTY CODES. ORDINANCES AND REGULATIONS IN 1 - EFFECT AT THE TIME OF APPLICATION FOR IMPROVEMENT - V/4' PERMITS. 10. BUILDING IDENTIFICATION AND/OR ADDRESS SHALL BE 'k, •' - 1 W _ I o•t - INSTALLED IN CONFORMANCE WITH PUBLIC RESOURCES CODE 4 4290 AND SHALL BE POSTED AT THE BEGINNING OF BUILDING - 30' BUILDING SETBACK UNE I CONSTRUCTION AND MAINTAINED THEREAFTER. THIS ADDITIONAL MAP SHEET IS FOR INFORMATIONAL c# I8 t u 30' BURRING SETBACK UNE PURPOSES ONLY DESCRIBING CONDITIONS AS OF THE 1 3 + 1 DATE OF FILING. AND IS NOT INTENDED TO AFFECT - I� RECORD TITLE INTEREST. - V ¢ � ✓ � 6"' ,Pi ��I wu cT ry _. M.. �+5 r a I T ✓nom ` + E , / C&/ �. ? SE CED SPOSA N1n 14 ./ 5.31 Acres - 9I ADDITIONAL MAP, SHEET' PARCEL MAP d o i LOT 180 OF OXF.L UNIT NO. 5 I o K5 _ Flied in Book 8 of Maps, Pages 37A do 38A b z m Sec. 18, T. 19 N., R. 5 E. MDB&M Butte County, California , For 30' BUILDING SETBACK LINE Leroy Berry - . a a Iia 835.79' ((MT 725.74' BBA EN /EEA/ D N 88. 11',49- W (M,R) 845.83' (M) 845.79' (R) _ 1 0 _40 . - N 88' 00' W _ _ 879.00' (R2), I : IS 87' 37' 18' E875.84' 2060 Puck Ave. Onro CA 95986 (530) 634-1911 J0.06' (C) S 88TAX (s3o> 53-0908soe 30.12. '1 '(R) - E (R1) (RJ) 875.89' (C) • ' 11' S0" 10/98 BBA -97015 A.P. N0. 72-07-019 � .Sht.3 of 3 ehls. �'j ook l4/ /0, 8� V Jolliffe, Stacey To: jennifer.navicky@wildlife.ca.gov Subject: FW: Can this project qualify for a No Effect Determination UP 06-08 and COR 06-02 Thanks for taking a look in your files to see if a 1600 series permit was issued for this one: APN: 072-070-021 Situs: 6250 Miners Ranch Road, Oroville, 95966 Owner: Cal & Denise Conley From: Jolliffe, Stacey Sent: Friday, August 09, 2013 8:38 AM To: 'Jenny.Marr@wildlife.ca.gov' Subject: Can this project qualify for a No Effect Determination UP 06-08 and COR 06-02 Hi Jenny, Hope you are doing well. We, are finally processing this old use permit and correction to a recorded map. Long, irrelevant story I won't bore you with. In any case, the site is developed out and little change to the physical environmental will occur. The use permit and map correction are really just legalizing what is already in place. Do you see a way to allow a No Effect Determination on this one? The applicant paid most fees back in 2006, but not the Fish and Game fees. Imagine his delight in getting invoiced to pay the $2100+ now! Any help you can provide would be appreciated. Project Description: This IS/MND analyzes two applications. The first application is for a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the existing, approximately 4+ acre boat storage footprint currently existing on the site. Applicant Cal Conley has explained that he understood the existing non -conforming status of the property to enable him to expand the business over time. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R Agriculture Residential when it was part of a larger storage area still adjoining a parcel on the south. The 1.5 acre portion of the storage area was subdivided with the 10 acre parcel when the parcel was created by Parcel Map on February 22, 1999. The 1.5 acre area has been in continuous use for house boat storage since that time. Conley Boat Storage provides off -lake storage for houseboats, pontoon boats, -and motorboats primarily from Lake Oroville. On a site visit July 23, 2013, the site contained 18 houseboats and pontoon boats, and 9 motorboats. The facility is generally open 7 am to 6 pm six days a week. Storage space is rented to boat owners who maintain their boats on-site and sometime stay in the boats when they visit overnight. Maintenance activities include sandblasting to remove barnacles and debris, and `roll-on' paint application. The owner estimates that each houseboat stored is sandblasted once, for a period of approximately two or three hours, each time it is stored, and that about two or three houseboats are sandblasted per month. The second application is for a Certificate of Correction to modify condition 3 of the Parcel Map recorded in Book 146, Pages 80-82 on February 22, 1999 (see attached map). Condition 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. The seasonal drainage swale was created by storm run off from the adjoining property on the east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject 10 - acre parcel, and purchase by the applicant, the applicant has improved the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" designation be eliminated. Please let me know what you think. Thanks, Stacey Jolliffe Principal Planner Jolliffe, Stacey From: Jolliffe, Stacey Sent: Wednesday, July 16; 2014 11:20 AM .: To: Thistlethwaite, Charles Subject:.: Cal Conley Use Permit Status update Hi Chuck: I am 98% complete for. my work on the use permit for the expansion of the boat storage facility; The draft Initial study (IS) and staff report are ready for your review. .The IS was forwarded to. county counsel on 7-08• and should be returned shortly.. Here is the list of next steps needed to set to hearing: 1.. County counsel concurrence with the IS. Their. review. is due.back.7-19 2. I will forward the IS to the applicant for review and signature after.Chuck and counsel review. 3. Applicant review, and signature agreeing to the mitigation measures.in the initial study 4. Applicant pays outstanding fees for Fish and Wildlife to file the NOD ( $2181.25) ,*and publication in the newspaper (actual cost). We will invoice applicant for fees due when IS is forwarded for review. 5. If 1-4 happen by the end of July, we can go to hearing on August 14 or August 28 Planning Commission. 6. ; The Correction to the Parcel Map is not proposed for action at this hearing. Drainage studies are necessary to .complete the certificate of correction and prove drainage meets standards. As conditioned, the use permit would give the applicant one year:to complete the drainage studies and another year to (do any necessary work and) record the correction. Tom Fossum would take the Correction forward to hearing when drainage is proven, which again, is a condition of the use permit. If.l can provide additional information or assistance, please let me. know. . Stacey Jolliffe E Principal Planner Butte County Dept of Development Services 7 County Center Drive . Oroville, CA ,95965 (530) 538-6573 direct (530) 538-7785 fax. (530) 538-5359 planning counter Email: sjolliffe@buttecounty.net Website: www.buttecounty.net/dds DISCLAIMER: This e-mail and any attachment thereto may, contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. Type Description iDuantity INVOICE CE Amount RET-PUBL :. O O From Butte County Dept of Expenses at Cost) Development Services O O NOD/NOE PROCESSING FEE 1.00. $14.00 $14.00 7 County Center Drive Q Q Oroville, CA 95965 Clerk's Filing O O 1.00 $2,181.25 $2,181.25 Invoice Number 274 Invoice For. Conley, Cal & Denise; Project Number UP 06-08 6250 Miners Ranch Road • Oroville, CA 95966 • Issue Date 07/17/2014 Due Date 08/01/2014 (Net 15) Subject ADDITIONAL FEES DUE Type Description iDuantity Unit Price Amount RET-PUBL :. Publishing Retainer estimate (Publishing and Legal Noticing 1.00 $200.00 $200.00 Expenses at Cost) Clerk's Filing NOD/NOE PROCESSING FEE 1.00. $14.00 $14.00 Fee (paid $36.00 1/13/2006 #443464) Clerk's Filing FISH & WILDLIFE CEQA ENVIRONMENTAL DOCUMENT 1.00 $2,181.25 $2,181.25 Fee . FILING FEE (as of'1/1/2014) '' . � _� � ` moi_ • M Northeast Center. of fle BUTTE n SIERRA 123 West 6th Street, Suite 100 Y GLENN ,, t `,•+ SISKIYOU Chico CA 95928 California Historical Resources ' LASSEN SUTTER �. MODOC TEHAMA , Phone (530) 898-6256 PUMAS t _ Information System., SHASTA TRINITY -� neitifocntr@csuchico.edu r June 18, 2014 Butte County ; Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 , t ATTN: Ms. Stacey Jolliffe I.C. File # L14-2 _ Project Review i d _ RE: TSM-14-0001/`APN 0407-030-095 } } T21N, R2E, Section 6 USGS Chico.5'. and 15' quads f Approximately4.5 acres (Butte County) z Dear Ms. Jolliffe, In response to your request,,a project review.for the project'cited above was conducted by examining official maps and records for archaeological sites and surveys in Butte •the County. RESULTS: �. t Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area. However, two sites of this type have been recorded within one mile of the proposed project consisting of habitation areas with midden, flaked stone scatters,* and . groundstone. The project is located in.a region utilized by Konkow Maidu populations. Unrecorded prehistoric cultural resources may be located within the'project area. 0 • Historic Resources: According to our records, no sites of this type have been recorded in the project area. However, a single site of this type has been recorded within a mile of the proposed project consisting of rock fence lines with wooden poles and barbed wire. Additionally, tailings were informally documented in the project vicinity as a result of prior field survey. The project area is located within the historic -Butte Creek Gold Mining District. Unrecorded historic cultural resources may be located in the project area. The USGS Chico 7.5' and 15' quad maps indicate that Comanche Creek, orchard, and a road are located in the project area; while Skyway, Southern Pacific Railroad, Crouch Ditch, Highway 99, USDA Plant Introduction Garden, Stirling Junction, drive-in theatre, Glen Oaks Memorial Park (cemetery) are located in the project vicinity. Additionally, the GLO for Township 21 North, Range 2East indicates Little Chico Creek, fences, and an orchard within or near the project area (see attached portion of map for more information). Previous Archaeological Investigations: According to our records, the project area has not been previously surveyed by a professional archaeologist. Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places _ Listed properties and Determined Eligible Properties (2012); California Register of Historical Resources (2012); California Points of Historical Interest (2012); California Inventory of Historic Resources (1976); California Historical Landmarks (2012); Directory of Properties in the Historic Property Data File for Butte County (2012); Handbook of North American Indians, Vol. 8, California (1978); Gold Districts of California (1970) Historic Spots in California (2002). RECOMMENDATIONS: Based upon the above information, local topography, and regional history, the project appears to be located in an area considered to be sensitive for prehistoric and historical resources. Konkow Maidu populations used the local region for seasonal and permanent settlement, as well as for the gathering of roots and seeds, fishing, and hunting seasonal waterfowl and game. Historically, the region was utilized for farming and sheep and cattle ranching, logging, mining, and transportation operations. Therefore, because the project area has not been previously surveyed, we recommend that a professional archaeologist be contacted to conduct a cultural resources survey and review of the project area. The project, archaeologist will be able to offer recommendations for protection or mitigation of previously recorded sites as well as any new cultural resources that may be encountered as a result of the cultural resource survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding traditional cultural properties that may be located within project boundaries for which we have no records. This person may also want to consult historic General Land Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. For information regarding qualified cultural resources professionals, please visit the CHRIS consultant list at http://www.chrisinfo.org/ for more information. Copies of resource records and reports will be available to the project archaeologist upon request. During any phase of project activities, if ariy potential prehistoric, protohistoric, and/or historic cultural resources are encountered, all work should cease in the area of the find pending an examination of the site and materials by the project archaeologist. This request to cease work in the area of a potential cultural resource find should be made a condition of project approval. This condition is intended for accidental discoveries made during construction activities, and does not replace the need for a Phase I investigation that assists planners and developers in meeting California Environmental Quality Act (CEQA) obligations during the Initial Study planning phase. The recommendation for a Phase I Cultural Resource Evaluation enables the lead agency to fulfill their obligations under CEQA to identify potentially significant historical resources. A Phase I investigation includes background research (record search), a field inspection, and report documenting the presence or absence of prehistoric or historic features, buildings, or archaeological sites. If potentially significant sites are identified during the Phase I investigation, further work may be necessary to determine site significance as well as appropriate protection or mitigation measures. The fee for this project review is $75.00 (1 hour Project Review Time @ $75.00 per hour). Payment for this project review was received on June 6, 2014 (Check # 48702). Thank you for your dedication preserving Butte County's and California's irreplaceable cultural heritages, and please feel free to contact us if you have any questions or need any further information or assistance. Sincerely, Jessica M. Sharp, B.A. Research Assistant a is � `. � �k v�J; a ..i a 3�. Y a � •!� sa N 1 3 5 W kAl se r 0 SJ ,,' - •%: r �i; � oat g s cu za Rl Ali ra cn - � � � ''� o QS'� d �• ` ate• � � ��� � 4 tiL � � I 4 Ira i' � � Ilii � � � ` � � • � � �a Cil jot WK lCb ca 40,.Vv Is VOW � O Q a �h flyy � .�.. •�,�� � /a.. . '. r./ �♦ y �{��(L% Q � ,,..iNJ� - �..r '*.l, r ,,,,�'��� ;�;.- i„ ' ? , �? , `♦ `�� iy. � �..,1 2Y •�s .`a -tf�� '�'" 0�• l\Ta It i[ • /L�' _ �`�\a .N1//'�� �����! ` .y�i_.'± �. /9, .. .fir m r � ''� � � ,'�'�, VC �+ „ - rY �L`• i^A a, r t • 4, a is � `. � �k v�J; a ..i a 3�. 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'� C� �� � � � ley �� o\ � ; ,���-�-�_ ! �%--' Z � � : •�_,_� '� , r _a 0 \I `�r _ 1� �� (4/ice _.i•-� � � (("�� llY,� ��-•l �/_� �"�i. ���:"-�..--'��_-=+•.---•�� �f. 10) QRIOVM Rr ['1 SiDYl' L N. � co ''� mss. PTN. SEC. 18 T 19N. R. SE. M.D.B. &M. 150' ,52 72=07 N88'00'00'W \�P • 162 t0. . 9 Butte County Ass ss s Map 133.18 Book 7Z, P. uge 07 NOTE• These panxb am for assessment purposes ❑ Dory and may oat aa.Oitut. tepal poreels. s ST ST 1 ORoviLLE B'YANoom FRURYANDs 15 8 M.O.R. J7q/J8A 7-1928CompBy CREAIEO BY 9-7-1999 REVISED BY 9-7-1999 EFFECTIVE 00-01 ROLL Bed lila Fluffs County Assessors Office cu G% 4,y56o M O n 1.59ACt 0 1 `'C18 39) IS 1.72AC _ ,3 .05 17 ey ha' bh h O $ hh° 1.00AC KI ' 2.91AC ^o ?Sg�J a -� 5 d7� J7gc 6 N k a..-fn— N88'00'00'W \�P • 162 t0. . 9 Butte County Ass ss s Map 133.18 Book 7Z, P. uge 07 NOTE• These panxb am for assessment purposes ❑ Dory and may oat aa.Oitut. tepal poreels. s ST ST 1 ORoviLLE B'YANoom FRURYANDs 15 8 M.O.R. J7q/J8A 7-1928CompBy CREAIEO BY 9-7-1999 REVISED BY 9-7-1999 EFFECTIVE 00-01 ROLL Bed lila Fluffs County Assessors Office SEE SEE DETAIL "A"---_ LOT 158 // LOT 157 �_ DETAIL — / "A i i EA --------- ST 783.20'(R2) ' - n S 89' 56' 53".E 740.40' (M)ME t , r Lot 160 . q of _. ' ` r �IaJ I $ _ r S e8' ,77•�E 7e0. )0' ((R) , .. " _ _ • " .. y .� af2f I oBEARINGS •� p ( • EA IN RT� MA IS E , I lO neo' I6' 21' SOUTH LINE OF THE SW 1/4 OF SECTION 18.-. L T.19 N., R.5 E.. M.O.B.M., AS SHOWN ON (R) -TAKENAS a _;f vd P� A•� 1 DETAIL „A., a N 88'11'49' ..e O y 0.00' % r NOT TO SCALE 4 '^ .. 30.00' T , ' oo _e ( 0. W.1. D. a PB�ce/ 2 2453 OR 29 sire HW."State 162' / :` I 10.00 Acres t ; PARCEL IW r A SITE "• _ - `L v Co ` Deeded to Butte County�Cl/1/ty O T 160 Per RSN 1991- Doo79Rl a 11/I9N p - --- _ .. " o— y LE6EN"D (C) r Calculated y o I N 88' 11' 49" W 698.25' • 22 (D) RSN 93-21524 o L (M) Measured `; (R) - 64 M 78 •" ... l N • 9.31• W A ~ 1 _.-. (RI) D.W.R. R/W' MAP O DRAWING NUMBER 06029-60 DARTED" 1/19/73 ' _ ' - I (R2) 8 M 37A FD. Butt Ca b Y -• Stdn Stwnyy Db I rd .. /}I •. 11. (R3) I - I I Deaaed to But Ceuny (R3) WYANDORE-MINERS RANCH RD R/W MAP T BUTTE COUNTY PUBLIC WORKS FlL£ I E-635 - • Butts ntyJ 1� RSN 93-1ISz4 �I ear R9J w - 00 81 N " app N -^•"" I I QAO "� .'� I 4 / Comer X Found A9 Noted • Set 1/2" Rebar Tagged PLS 7}51 , r - I ro T 8 66•A909. w 5 Parcel 1 0 CoAmtoted Point Only S� t RAD. 5.31 t 0 Std. County Monu. Fnd. per (Rs) ,Acres JD IY .. 5.07 (CD) f I •'j0, 16•I W " 6 �♦ w+.� 61 8 I 13 �. _ ..-- LS floP es, a, (R) 66 L°'�"� o 9 'u I _ r " PARCEL MAP P " � kms' � SEE DETAIL "B" ' o 1 1 DETAIL -,"B" � �, LOT 160. OF O.W.F.L. UNIT NO. S � of � e 1 NOT TO SCALE O Filed UI B001L B of Maps, Pages 37A� &- 38A - 1ZIf 1 - z - - " Sec.18, T. 19 N.. R. 5 E. MDBt4M- Butte CountK Catifomio 1. u 1 I i w/ RASJ� OF a s I a i 835.7s For LeroyB@?y +. 725.74' \ 'N 88' 11' 49" W (M, R) 845.83' M ii .00' \ () 845.79 (R) s 1/4 car. sea IS 6B EN /NEEFI/NCi! ID IP - ..- N 88' 00' W 879.00' (R2) _ 64 JO. 12' R S 87' 37' 18" E ` 875.84' (R 8 ,✓� 7G7 ' 30.06' (C)' • S 88' 11' 50" E (R) J) 75.89' (C) - e/ z-1/2- Brass Ca➢ D.W.a Mar. Sta kpod DePe Wotr, Reaw2e 1962 (3W) s34-1911 FAX (5W) 53a -O= S-1$ 5-19, Pa (RX ) 2080 Pah Av4 Or9.al4 CA 95968 . 10/98 BBA -97015 ..A.P. NO. 72-07-019' Sht.2 of 3 6hls. •C6>,4y,�-xL C�aP .r t /499-ooa8ss� 9 j I3 UoK /�f� f RGE 8/ • moi; � 1 A",, �rA S EAST 783.20' (R2) _ _ NOTES: u r S 89' 56' 53 E 740.40' (M) I. STRUCTURES, DUMPING, FILL MATERIAL, ND/OR EXCAVATION. SHALL NOT BE ALLOWED WITHIN THE N N l 0 30 BUILDING SETBACK UNE NO DEVELOPMENT ZONE AS DEPICTED. "',ip�}g' 2. THE BUILDING SETBACK FROM THE SIDE OF THE 1 60 oI w I A - y a ,aj;R l •fi a. 1�`• r,ti. , . it ,,n. •RC r . ACH�FRON EE A� A AND NO D VELOPMENT Z_ NE ,�h,'ry PROPERTY LINES SHALL BE NOT LESS THAN 30 FEET. }, FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE ' y Wil$ I oa^ {� •h, +( { .•k' INSTALLED IN ALL WRESIDENTIAL C WITHTHENATIC ALSR F E TURES INROTECTION - ASSOCIATION STANDARD FOR THE INSTALLATION OF .. o $- I $" y(?•` I SPRINKLER SYSTEMS IN ONE AN TWO FAMILY DWELLINGS tl AND MOBILE HOMES, NFPA STANDARD 13D, UNLESS A _- 1 C I tl SEWAGE DISPOSAL PRESSURIZED COMMUNITY WATER SYSTEM. WITH - -'' x d ARA > I i HYDRANTS THAT MEET FIRE DEPARTMENT SPECIFICATIONS. _. SERVES THE PARCELS. ' I - I o I • 4. THE SHERIFF'S FACILITIES IMPACT FEE SHALL BE PAID. < PURSUANT TO THE PROVISIONS OF CHAPTER 3, ARTICLE ,. 0�. _ • 11 OF THE BUTTE COUNTY CODE, PRIOR TO THE ISSUANCE ~, ' OF BUILDING PERMIT. SAID FEE AMOUNT SHALL BE }0.00'.DETERMINED AND CALCULATED AS OF THE DATE OF » - APPUCATION FOR BUILDING PERMIT. 5. ONLY ONE PERDWELLINGENT DWELLING UNIT SHALL BE ALLOWED ON 1 I 0.00' Z\ t m PARCEL 2, AND NO ADDITIONAL RESIDENTIAL DWELLING UNITS - SHALL BE ALLOWED ON PARCEL 1. S. NO WATER. WELL MAY BE LOCATED WITHIN 100. OF THE •,.1 Q[. - .' I , • - _ .a ",•,-°}t r p i-4i l< 1' '.H w - USABLE SEWAGE DISPOSAL AREA AS SHOWN. O -tl. 7. DEVELOPMENT OF THESE PARCELS MAY REQUIRE PAYMENT J - •I •vI � _ _ 1 .r - - INMIT TO TME WATER TENDER FUND. I = M' �' - B. APRILS 5LA DRNOVEM ER 15 UNLESS AN EROSIONS IZ DRY WEATHER B ��, CONTROL i ^' •.� r o PL Ir * • +� A PLANPREPARED AI KED CIVIL ENGINEER OR OTHER QUALIFIED U I-$` ' _ }. f KN PROFESSIONAL AND APPROVBY THE ANNING ` DIVISION. ' m MULCH PROTECT, HYDRO-SEED, OR OTHERWISE STABILIZE �C `Na I y r� c T / o • THE SOIL ON ALL AREAS THAT HAVE BEEN DISTURBED OR 10 HAVE BEEN CLEARED OF VEGETATION .AND ARE OF ERODIBLE. MATERIAL. - 16 g. CONSTRUCRON, INSTALLATION OR DEVELOPMENT OF STRUCTURES OR FACILITIES ON THE PARCELS SHALL COMPLY WITH THE ' LATEST �CAUFORNIA FIRE SAFETY REGULATIONS. (PUBLIC RESOURCES CODE 4290), AND, ALL OTHER APPLICABLE STATE 1 AND COUNTY CODES, ORDINANCES AND REGULATIONS IN `. •� 1 ' - • Fy ` I - I EFFECT AT THE TIME OF APPLICATION FOR IMPROVEMENT PERMITS. 10. BUILDING IDENTIFICATION AND/OR ADDRESS SHALL BE .c _ INSTALLED IN CONFORMANCE WITH PUBLIC RESOURCES CODE 4 goCONSTRUCTION SH LL BE POSTEDAT THEREAFTER. BEGINNING OF BUILDING N I QNa i it }0' BUILDING SETBACK LINE I +. �o 1°n 9 (fII,`W r + _ _ _ _ _ _ THIS ADDITIONAL MAP SHEET IS FOR INFORMATIONAL' .l �$ ? �*'''} -' 30' BUILDING SETBACK LINE _+- . - PURPOSES ONLY DESCRIBING CONDITIONS AS OF THE 111 13' �` r'�'� fi •1� DATE OF FILING, AND IS NOT INTENDED TO AFFECT • �� r y K1 '+ a - '' to • ^ - RECORD TITLE INTEREST. cli Brce/ 1 J I SE CED OSA N 5.31 Acres t ' ADOMONAL MAP SHEET'` . PARCEL MAP. $ I '' I r / m I o LOT 160 OF O.W.F.L UNIT NO. 5 a0' _ - Filed In Book 8 of Maps. Pages 37A do 38A o1�I,o nl Z m 9. al w n m Sec. Butt County RC. alNaniaDB&d For N 30' BURRING SETBACK •LINE Leroy Barry 725.74',BBA EN /NEER/NG N 88' 11 49' W (M,R) _ 845.83' (M) 845.79' (R) 1LAND WR�RS N 88' 00 W r l - 879.00' (R2) - - .. znso Park Avn Om.ma CA 959ee (sw) u4-ren .. FAX (sw) s34-090e ' . • I' _ - ., 5 8T 3T 78' E � .875.84'875.89',(C)- - , 130.12' (R) (R}) . .30.06' (c) _ - _ S 88' 17' S0• E (R ). T 10/96 BBA-97015 A.P. NO. 72-07-019 Shl.3 of 3 ahls. BOOK 1q11 /0119GE BL �_•_ -_ - L _ .. -s %'��� rip _�. �_ ��=:'_'-r---"� :o s�— by I I r• i X�� � 1 I � •'`V Page l of 1 ; Durling, Carl From: Durling, Carl Sent:. Tuesday, August 29, 2006 9:40 AM To:. Snellings, Tim; Jolliffe, Stacey; Thistlethwaite, Charles; Fogel, Doug Subject: RE: Sandblasting at Cal Connelly's All .' Mr. Conley has an application in for a Use Permit to expand a nonconforming use. This application is "incomplete" at this point because of the need for approval of a revision to the original Parcel Map which showed a drainage setback area through the property. Mr. Conley has in process an application fora Certificate of Correction to modify the original Parcel Map and condition. As long as Mr. Conley stays within the area designated as nonconforming, his.activities have. been (over the past s. four years) permitted. All of this has been explained several times to Mr. Bailey, whose home is about 1,000 feet, and two parcels, to the north and in the C-1 zone. The sandblasting is claimed by Mr. Conley to be part of the nonconforming maintenance activities of the nonconforming use. E., I have had several conversations with Mr. Bailey regarding the Conley operations. I am not sure what agency .. ' would address the dust (air quality) issue. I would think'Environmental Health. No other complaints have been , .submitted by adjoining property owners. will be returning a call received from Mr. Bailey this morning. Carl. Durling a'r From:J Snellings, Tim Sent: Tuesday, August 29, 2006 9:03 AM To: Durling, Carl; Jolliffe, Stacey; Thistlethwaite, Charles; Fogel, Doug Subject: Sandblasting at Cal Connelly's . Carl/Doug: I received a phone call from Roger Bailey (589-2054), a neighbor of Cal Connelly (UP 06-08). He is concerned about people who store boats at this proposed operation sandblasting and adversely affecting everyone in the vicinity. Doug, did EH evaluate this? If so, can you please call him and let him know what the answer is? Carl, did the applicant address this issue in anyway? Please let me know and please make sure to call Roger.and give him.the update; Thanks, Tim a Tim Snellings, Director County of Butte ' „ Department of Development Services 7 County Center Drive Oroville, CA 95965 ' ' 530-538-6821 (direct) fi j 8/29/2006 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CAL'ARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile January 24, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application, Conley, Cal & Denise, UP 06- 08 Planner: Carl Durling APN: 072-070-021 Location: on Miners Ranch Road, about a half a mile south of the Miners Ranch Road -- Oro Quincy Intersection . 30 -Day Complete 2/13/2006 Date of IDR 2/8/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps; has been sent to Environmental Health, LAFCo, the Assessor's Office, the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of,this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 2/8/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting February 6, 2006, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be -provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no'more than 1 week after the meeting. r•� Standard Conditions are attachedfor your. convenience. (PLEASE SEND YOUR RESPONSE TO: cdurling@buttecounty.net). ` Signature: _ Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 t BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Conley, Cal & Denise DATE: 1/19/2006 AGENT: APN: 072-070-021 FILE #: UP 06-08 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to expand a non -conforming use Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 4 ❑ 2. Prior to the issuance of building permits, deed to Butte County in fee simple feet of right-of-way from the centerline of along the entire property frontage. 'The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to County Improvement Standards. Improve parcel frontage to a street section on to an RS-_ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the frontage of parcels , except at approved access points. , B. DRAINAGE ` ❑ 1. Prior to the issuance of building permits, a plan for a permanent. solution for drainage shall be submitted to and approved by the Department of Public Works. he drainage • plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. - LEGAL LOT STATUS ❑ I. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. . • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT Conley, Cal & Denise DATE: 1/19/2006 AGENT: APN: 072-070-021 FILE #: UP 06-08 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to expand a non -conforming use Those items checked are conditions of approval. PLEASE 'CONTACT THE ENVIRONMENTAL HEALTH'DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in`order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ . 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). •E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ : 2. Prior to the issuance 'of a. building permit, verify that domestic' water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior -to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer: BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: ConleyCal & Denise DATE: 1/19/2006 AGENT: APN: 072-070-021 FILE #: UP 06-08 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to expand a non -conforming use Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Building Permits Required. Prepare # sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential building's. ❑ 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. ❑ 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. ❑ 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. ❑ 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe. Construction standards. ❑ 8. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. L EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT Conley, Cal & Denise DATE: 1/19/2006 AGENT: APN: 072-070-021 FILE #: UP 06-08 PLANNER: Carl Durling PROJECT DESCRIPTION: Use Permit to expand a non -conforming use Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or. roads, driveways, gates and bridges on parcels/lots shall 'comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding' may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is r feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3.' Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 131), unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet' that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional.map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4-290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ' Butte County R De • Development ent of Develo • . P Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive - Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATIONBUILDING * PLANNING January 24, 2006 It TO: FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Conley, Cal & Denise Use Permit UP 06-08 APN: 072-070-021 , -DATE OF Inter -Departmental Review: 2/8/2006 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 6, 2006 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 23,2006 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the : completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/8/2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to expand a non -conforming use. PROJECT LOCATION: on Miners Ranch Road, about a half a mile south of the Miners Ranch Road -- Oro Quincy Intersection. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: A-R((Agricultural-Residential)) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an email at cdurling@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE— APPLICATION COMPLETE: No (Please send response to Carl Durling by 02/06/06) ❑ Yes (Conditions/mitigation'measures due by 02/23/06) Document) r � _ r . .-..._.:. -�---�- �, ®arty LAND OF NATURAL WEALTH AND - BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL.HEA�TH October 18; ZOOS ❑ 202 Mira Loma Drive ❑ 411 Main Street 7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 Cal COriley. FAX: (530) 895-6512 .6250 Miners Ranch Rd. Oroville, CA. 95966 RE: Use Permit Pre -Application for Boat Storage, 6250 Miners Ranch Rd., APN# 072-070-021 Dear Mr. Conley, This department has completed our pre -application review to determine if it is possible to have boat storage on the above-mentioned property. You have indicated that there will be no industrial cleaning of the boats onsite. The existing septic on the property will not be effected by -this project. Provided that the application and map presented to the Development Services Department conforms to the map submitted to our office we are prepared to approve the temporary dwelling. You should be aware that other agencies will review this proposal when it is submitted to Developmental Services. These other agencies may have conditions that would, significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Developmental Services Department. If you have. any questions contact this office between 8:00 am and 5,:00 pm, Monday through Friday. . Sincere arren W Jones = Environmental Health pecialist . Cc: Butte County Planning Department Page 1 of 1 Durling, Carl From: Calarco, Pete , Sent: Friday, January 06, 2006 3:37 PM To: Durling, Carl Subject: FW: Cal Conley site visit From: Calarco, Pete' Sent: Thursday, December 08, 2005 4:49 PM To: McMillan, Kim Cc: Snellings, Tim , Subject: Cal Conley site visit Kim, I have been having difficulty setting a meeting time with Mr. Conley in order to tour his site. He would like Tim and I to reconsider his position regarding a boat storage and self-service yard on is property. Can you contact him at 589-3779 or (408) 590-6832 to coordinate a site visit with Tim and me? Please confirm his address with the contact. Thanks. --Pete "DRAFT" LEAD IN SHEET FILE NO: L'A"o 0-6 " o-13 AP# &'12 - z�-� D - U Z APPLICANT: OWNER: S -A-E REPRESENTATIVE: PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to be filled out by project planner) ' SIZE: LOCATION: N'`Ci�CPS ►°c�d I!zxvtD �S�— A- �lv Som� cry f M SUPERVISORIAL DISTRICT # '� EXISTING ZONING: dZ GENERAL PLAN DESIGNATION: ZQ. ASSIGNED PLANNER: CPLANNER'S INITIALS Date Aonlication Received I • ( 3 - Zed% Date Proiect Assigned 4� 3 IDR Date 30 Day Complete a f 3 LO1 Tentative Hearing Date KAPlanningTormsTead In Sheet.doc COMMENT DISTRIBUTION LIST APPLICANT: CAL_ Z�o f/LICT7 PLANNING PROJECT DESCRIPTION: U56F-,40 Cr -ro L�-4- 4Q W4 FILE NO.: V�° DATE: AP N0: County Offices and Cities: . . Planning Division X Assessor's Office - Mapping BCAG X Environmental Health. City -of Biggs ALUC Building Manager City of Chico APCD /1! LAFCo City of Gridley.. Butte Co. Farm Bureau X Agricultural Commission City of Oroville Chico Airport Commission X Pubic Works/Land De Town of Paradise Chief Administrative Officer ' Fire Protection: California Department of Forestry _ EI Medio Fire Protection District Domestic Water: P S.F.W & P. Agency (OWID) Butte Water District Del Oro Water Co. ,California .Water Service Co. — Thermallto Irrigation District Other Utilities: PG&E North - Chico — Pacific Bell _ Chambers Cable TV PG&E South - Oroville" Viacom Cable TV Irrigation District: Biggs / West Gridley Water .. _ Durham Irrigation Dist. _ Paradise Irrigation Dist. — Richvale Irrigation Dist. _ 1 Table Mountain Irrigation Dist. Sewer: - L.O.A.P.U.D. _ Sterling City Sewer Main= Skansen Subdivision (CSA 21) Drainage Districts: l — Sacramento & San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No. 2054 i Reclamation District No. 2056. f ' State Agencies: CalTrans — Dept. of Water Resources _ Dept. of Fish and Game Federal Agencies: + — U.S. Forest Service.- _ U.S. Bureau of Land Management Other Districts, Agencies, Committees, etc.: ' K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc .. k 1 Butte County Department of Development, wTrF Services o TIM SNELL_INGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 0 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ' www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING February 9, 2006 • Cal and Denise Conley 6250 Miners Ranch Road Oroville, CA 95966 Re: , Project Incomplete — Use Permit for Cal and Denise Conley, APN 072-070-021 (6250 Miners Ranch Road), Project # UP 06-08 Dear Mr. and Mrs. Conley: The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced. project at its February 8, 2006, meeting. The IDR committee determined that the project is not complete for the following reasons: 1. The area proposed for development of house boat storage is currently bisected by a "No z Development" zone. A previously approved recorded Parcel Map reflects this zone. on the map.' This zone must be removed from the map by obtaining approval of a Certificate ' of Correction. 2. Provide a revised plan changing "Existing" to "Proposed" boat storage shown on your property, and eliminate the fence through leach field area. This Use Permit application is'deemed 'incomplete until such time as a Certificate of Correction is obtained. An application.is enclosed for your use. No further processing of this project will occur until such time as the application is deemed. complete. The timelines pursuant to the California Permit Streamlining Act are hereby 'suspended until such time as the required information is submitted and approved. Should you have questions- regarding this matter please contact me between the hours of 8:00 a.m.. and 4:00 p.m., -'Monday through Friday, at. (530) 538-7150, or via e-mail at cdurling@a,buttecounty.net. Sincerely, Carl L. Durling Associate Planner Encl: Certificate of.Correction application A` 4 ' U.m Bidwell Canyon Marina on Lake Oroville A CALIFORNIA STATE RECREATION AREA F O M A February 2, 2004 Cal Conley • 5961 Indian Avenue San Jose, Ca 95113 Dear Cal, As a partial answer to your inquiry about available facilities for dry boat storing of houseboats in this geographical area, we respectfully present the following•information as we see -it. We own and operate 16 large houseboats and many smaller boats in our rental fleet. We can take'a few of our largest boats at a time from the lake to our.dry boat area for repairs and refurbishment during the off season (Oct to May). Sometimes, we can take i one or two boats to J&N's'yard for work; but, ' we cannot provide storage space or working space for other boats. Al Norris, also, has 1 very limited space in.his Dry Dock Marine yard. We have hundreds of privately -owned, large houseboats moored in our buoy system; many owners ask for a dry boat area where they can temporarily store their boat. We have no good answer to their requests. Due to the size of these boats, it is essential that the"storage area be easily accessible to and from the launch ramp. ' The State Department of Parks and Recreation no longer permits boats•to be parked for.any ` time on the launch ramps and in the adjacent parking lots. We definitely need a dry boat area that can serve large houseboats. _ Sliagerely, F.R. Moothart FUNTIME-FULLTIME • 801 Bidwell Canyon Rd., Oroville, CA 95966 • (800) 637-1767 • (530) 589-3165 • Fax (530) 589-4873 www.GoBidwell.com Email: GoBidwell@aol.com, younty LAN D OF NATO RAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEATH October 18, 2OOS ❑ 202 Mira Loma Drive 411 Main Street `(,7,/7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538.7785 Cal Conley FAX: (530) 895-6512 6250 Miners Ranch Rd. Oroville, CA. 95966 RE: Use Permit Pre -Application for Boat Storage, 6250 Miners Ranch Rd., APN# 072-070-021 Dear Mr. Conley, This department has completed our pre -application review to determine if it is possible to have boat storage on the above-mentioned property. You have indicated that there will be no industrial cleaning of the boats on site. The existing septic on the property will not be effected by this project. Provided that the application and map presented to the Development Services. Department conforms to the map submitted to our office we are prepared to approve the temporary dwelling. You should be aware that other agencies will review this proposal when it is submitted to Developmental Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Developmental Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday. Sincere arren W Jones Environmental Health pecialist Cc: Butte County Planning Department • a September 13, 2005 Butte County Zoning Commission To Whom It May Concern, 4 My Husband and I are owners of a private houseboat moored at Bidwell Marina on bouy D-13 . We have been recently informed that the location to store and perform needed maintenance on the boats has been drastically reduced due to a zoning complication. This has virtually rendered us and other boaters helpless to provide the necessary upkeep on these vessels. The private houseboat owners stimulate a great deal of money for the County of Butte considering we all pay a luxury tax on our boats, buy gasoline which is taxed and we support the jobs of many locals. We shop in the local stores, provide a demand for employment at the Marinas, and keep money flowing in the region that would otherwise be spent elsewhere. Without a local area to store and maintain our boats, we will be unable to continue this economical stimulation to your county. I urge you to rethink your current stand on the zoning on Miners Ranch Road for houseboat work. It is in Butte County's best interest to enable the ongoing work and the expansion of space to allow this crucial upkeep to be performed. Sincerely, Shannon Tonin 530-426-3512 i r' :� ;. Q� e. •i3 'St. a .. .• ! � `, `r. . ",' ;� 'p/G6h h� �• • ,J as , 5. � � � V . Ox CO - } LassA Pkwy. I S�9e i n r ,4c,''. coach a Q� � . ''y t�., � • ✓ r a SIA" ' `• RT -1 o ��°Ful •. ' - '�a`b '' ? � ZTi IF ty fy 4 ;moi ♦ - . i . .. .,... � .. ... ,. State of California,- Department of Fi d Wildlife 201,4 ENVIRONMENTAL FILING-FUCASH RECEIPT DFW 753.5a (Rev. 09/13) RECEIPT# 4 4 715 9 STATE CLEARING HOUSE # (1/applicable) LEAD•AGENCY. / •�b/!'�f,/!_ OU�� :. " U/a ��6in�•ry.Yvr�� S DATE /l� -7 i�:� COUNTY./STATER ENCYOF FILING' r DOCUMENT NUMBER PROJECTTITLE' • ' U � / / nD� �� 1. '.�•U� C `• ' �.����♦�i �`-�/,. G� ��-� GQwI G . /G�n • �0,6'.�t�s" "" res �7 C 'Z . PROJECTAPPLICANTNAME" / -0, SG a�w �/ PHONE NUMBER PROJECTAPPLICANTADDRESS / CITY \77A ZIP CODE PROJECT. APPLICANT (Check appropriate box): M-- Local Public Agency ❑ School District ❑ Other Special District Ll State Agency L] Private Entity CHE kAPPLICABLEFEES: ❑ Environmental Impact Report (EIR) $3,029.75 $ "'—Mitigated/Negative Declaration (MND)(ND) $2,181.25 $ 7 ❑ • Application Fee Water Diversion (State Water Resources Control Board only) $850.00 $ ❑ Project's Subject to Certified Regulatory Programs (CRP) $1,030.25 $ c' County Administrative Fee $50.00 $ Syy 'Project that is exempt from fees ❑ Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) . " i❑' Other $ PAYMENT METHOD: /t �! `0P v 31 Z '� " L] -Cash . ❑ Credit - El Check Other / i�et . TOTALRECEIVED $ SIGNATURE " TIT6 v. Wki E -P OJECTAPPLICANT'" YELLOW-CDFW/ASB PINK-LEADAGENCY GOLDENROD -COUNTY CLERK NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. hi L FF F - OCT 72014 CANDACE J. GRUBBS BUTTE CO. CLERK DEPUTY FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public. Resources Code. AP Number: 072-070-021 Project Title: Use Permit UP 06-08 and Map Correction COR 06-02 Applicant: Denise and Cal Conley, 6250 Miners Ranch Rd, Oroville, CA 95966 Contact Person: Stacey Jolliffe Telephone Number: 538-6573 Project Description: The first application is for a Use Permit to expand a legal nonconforming boat storage area, from approximately 1.5 acres to the existing, approximately 4± acre boat storage footprint currently existing on the site. The second application is for a Certificate of Correction to remove Mitigation Measure 3 on the Parcel Map recorded in Book 146, Pages 80-82 on February 22, 1999. Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designated as a No Development zone. Project Location: On the east side of Miners Ranch Road, approximately 0.40 miles south of State Highway 162, east of Oroville State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on August 28, 2014 and has made the following determinations regarding the above-described project: The project ❑will, X will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures X were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, X was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Development Services department, 7 County Center Drive, Oroville, CA 95926. Date received for filing and posting at OPR July 29, 2014. Butte County Department of Development Services 7 County Center Drive Orovft, QA<,9,196-5,_' / C W4'S�H&Adal,'f Conditions of Approval 1. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures . set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. Minor changes as provided by BCC Chapter 24, Article 34, Section 246 C, may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is n consistent with the application, fees paid, and enviromental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 5. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 6. 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. I. CONDITIONS OF APPROVAL: Planning Division: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Applicant shall actively pursue and obtain approval of a Certificate of Correction (COR) for the subject site within two years of the approval of this Use Permit. Applicant shall submit drainage plans as necessary to obtain the COR within one year from the approval of the use permit. The Certificate of Correction shall be recorded within two years from the approval of the Use Permit, or staff shall schedule a revocation hearing on the use permit. Without a permanent solution to drainage, approved and installed within two years, this Use Permit shall become null and void. I Mitigation Measure #1 (Hours of Operation): Place a condition on the Use Permit that states: `.`There will be no evening or nighttime movement of houseboats within, into, or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours." Plan Requirements: House boats may only be moved on, around or off—site, or maintained/serviced between the hours of 7 am and 7 pm. C Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 4. Mitigation Measure # 2 (Dust Control, Sandblasting, Painting): Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not limited to the following: Control Dust a. During installing or movement of house boats or other stored equipment, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During movement of house boats or other equipment, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Existing roads and streets adjacent to the project shall be cleaned at least once per day 'if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District (BCAQMD) or Department of Development Services in order to control dust. . Sandblasting Painting Only as Permitted e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable regulations, of the BCAQMD. Plan Requirements: The note shall be made a condition of the Use Permit. 0 • Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 5. Mitigation Measure #3 (1602 Streambed Alteration Permit): Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602 permit, for any planned activities affecting the bed, bank, or channel of any drainage/watercourse on site, or if needed due to past work in the bed bank or channel. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of any waterway shall be permitted until the 1602 permit is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the use permit UP 06-08. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the permit is obtain prior to recordation of the certificate of correction. 6. Mitigation Measure #4 (Oak Woodland Resources): Place a condition on the Use Permit that states: "Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee." Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the .parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 7. Mitigation Measure # 5 (Cultural Resources): Place a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate data recovery procedures if necessary. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the burial consists of prehistoric human remains, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: Any person performing ground -disturbing work shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 8. Mitigation Measure 96 (Hazardous Materials): Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property. All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's instructions." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 9. Mitigation Measure # 7: Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility." Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one year from approval of UP06-08.. The required drainage improvements, if any are required, shall be constructed or bonded within two years of the issuance of UP06-08. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. Public Works See Mitigation Measure # 7 above, Permanent Solution for Drainage. County Counsel 12. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from 'liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. Tim Snellings, Development Services Director DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Denise and Cal Conley, 6250 Miners Ranch Rd, Oroville, CA 95966 Project Title/File Number: Use Permit UP 06-08 and Map Correction COR 06-02 APN: 072-070-021 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. De. Minimis Impact - Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED A. Negative Declaration $2181.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report State Filing Fee $50.60 Clerk's Documentary Handling Fee 3 ❑■ OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ❑ PAYMENT: The above fees have been paid. See attached receipt(s): # 5& q q 1 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: October 7, 2014 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. Prepared by: Diane Lewellen X6869 DDS_ACCTSummary 'arw Butte County �� / �• REQUEST FOR AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT V / / DEPARTMENT OF DEVELOPMENT SERVICES DATE: 10/7/2014 BAG NUMBER: 425 RANGE OF RECEIPTS: P2867; CR000636-CR000637; B01 1384-BOl 1391; B011385 FOR WEB s For the Period 10/6/2014 thru 10/6/2014 0010-440001-4610311-10113311 General Plan Maintenance Fee -Restricted Cash Rev $45.68 0010-14001-4617240-101001 Fire Protection Planning Application Fees $228.00 0010-440001-4210500-101001 • Building Fee $1,839.00 0010-440001-4210501-101001 Building Application Fees $406.00 0010-440001-4210502-101001 Building Inspection Fees $3,019.60 0010-440001-4210900-101001 Planning Applications (Planning) $441.07 0010-440001-4610312-101001 Tech Maint Fee - Dev Svcs $10.15 J0010-470001-4612310-101001 Recorder Fee J $14.00 UP 06-08 072-070-021 CONLEY 0021-540011-4614901-101001 - Environmental Health $210.00 0035-04318222-10118222 N/A Thermalito Drainage $4,273.80 1001-0-280-1011298 SMIP Fees 100% $341.67 1001-0-280-1011460 Fish and Game $2,181.25 f UP 06-08 072-070-021 CONLEY 1001-0-280-1011473 Bldg Stds Fee SB1473 90% $57.00 Total Receipts $13,067.22, Prepared by: Diane Lewellen X6869 DDS_ACCTSummary 'arw , VTrF BT TE COUNTY RECEIPT* Printed: 10/7/2014 Ap *RECEIPT NUMBER PREFIXES* 1:35 pm B/P = Development Services - Building/Planning Division ' (530)538-7601 EH = Environmental Health (530)538-7281 ~ .PW = Public Works Department (530)538-7681 c:N Receipt Number: P2867 Date Paid: 10/6/2014 Paid By: Cal & Denise Conley Received By: MEM Project Number: UP 06-08 Pay Method: MONEY ORDER 1001679981 Site 'Ap n: 072-070-021 Description: Expand nonconforming boat storage, Orovi Site Address: 6250 MINERS RANCH RD OROVILLE, CA - Applicant: Cal & Denise Conley Fee Description Account Number Fee Amount DP FISH & WILDLIFE - NEGATIVE DEC 13 1001-0-280-1011460 $2,181.25 DRNEWSPAPER PUBLISHING CHARGES 13 0010-440001-4210900-101001 $278.07 DPCR RECORDING FEE - CLERK/RECORDER 13 0010-470001-4612319-101001 $14.00 APPROVED BY: AUDITOR -CONTROLLER BY white --treas urer TOTALS 4906740 RECEIVED BY: TREASURER L ' v By: pinlr=auditor canary=aepositcr golden rod --file COUNTY OF BUTTE AUDITOR'S CERTiFICA TE AND TREASURER'S RECFJPT OROVILLE, CA ATR NO 91601 RECEIVED FROM PLANNING BAG #325 r DATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE C60E CODE CODE AMOUNT DEPOSIT DATE: 4117 RECEIPTS: 443884-443466 PLANNING ADPL FEES GENL 0010 44=1 421090tH 109009 3,525.00 Project Number Amount of Fee APN 072-070.021;CALVIN CONLEY; UP 08.08 $2,970.00 APN 028-190-044,050; JAMES GOLDEN; LLA 0847 $555,00 LAND DEVELOPMENT GENL 0010 .440M 4641700 101005 524.00 Project Number 4 Amount of Fee APN 072 070.021:CALVIN CONLEY: UP 08.08 $165.00 APN 028.1804144,050; JAMES GOLDEN; LLA 08-17 $350.00 ENVIRONMENTAL HILTH GEHL 0010 540003 4614901 901301 416.00 " Project Number Amount of Fee APN 072-070.021:CALVIN CONLEY; UP 08.08 $202.00 APN 028-460:044,050: JAMES GOLDEN; LLA 06-17 $214.00 FIRE P64G APDL FEE FIRE PROTECT , 0900. n 4657249• 101001. • 401.00 Proj6d Number Amount of Fee APN 072-07(1.021:CALVIN CONLEY-. UP 416-08 $347.00 r APN 028.180.044,050; JAMES GOLDEN; LLA 08-17 $54.00 NOD/NOE CLERK'S FILING FE GENL 0010 470W1"+ 4692319 101001 36.00 (SM) Project Number Amount of Fee APN 072-070-021:0ALVIN CONLEY: UP 05-09 $38.00 AGRICULTURE AG FEE 0010 46=1 4612200 101009 65.00 Project Number Amount of Fee APW 072-070.021;CALVIN CONLEY-. UP 08-08 _ $32.50 APPI 028-180.044,050; JAMES GOLDEN); LLA 0847 { $32.50 ' APPROVED BY: AUDITOR -CONTROLLER BY white --treas urer TOTALS 4906740 RECEIVED BY: TREASURER L ' v By: pinlr=auditor canary=aepositcr golden rod --file RESOLUTION A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP 06-08 (Conley) WHEREAS, the Planning Commission has considered Use Permit UP 06-08 for Denise and Cal Conley, in accordance with Chapter 24 of Butte County Code on Assessor's Parcel No. 072-070-021; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a•duly noticed public hearing was held on August 28, 2014; and WHEREAS, the Planning Commission has considered all public comments received and a report from the Planning Division. NOW, THEREFORE, BE ITRRESOLVED, that the Planning Commission: I.,.' Adopts the Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act (CEQA). Said' Study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is adopted. B. The Planning Commission has considered iliepr-epesed Mitigated Negative Declaration,'together with comments received during the review process. a C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Denise and Cal Conley, Planning Division File No. UP 06-08, would have a significant effect on the environment. The custodian of the record is the Department of Development Services Planning Division. The location of the record is .7 County Center Drive, Oroville CA 95965. D. Theproposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. , IL Finds that collection of fees pursuant to_ Fish and Game Code Section, 711.4 is required, prior to filing. a Notice of Determination for the project, unless the project proponent provides'verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid, ■ Butte County Department of Development Services ■ . August 28, 2014 ■ Agenda Report — UP 06-08 : Page 12 of 23 ■ the project will not be operative, vested or final and any local permits issued for the project will become invalid (Section 71-1.4 (c)(3)). III. Makes the following Use Permit findings: A. BCC 24-222 specifies findings necessary for the approval of a use permit or minor use permit; these findings can be met for the subject project for the reasons identified in italics. 1. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures) The project is zoned MU -1 and boat storage is not a permitted use in the MU -1 zone. However, UP 06-08 meets the criteria for reconstruction or intensification of a nonconforming use; see findings in BCC 24-125 Findings (Nonconforming Uses and Structures) to follow. 2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The boat storage facility is located approximately 0. 38 miles from Lake Oroville. Bidwell Marina and the Loafer Creek boat ramp are both approximately 3 miles from the project site. A boat storage facility is located next door to the Conley's boat storage facility. The boat storage facilities have been in business for approximately ten years (Conley's business) and thirty years (neighboring business). The location of the proposed use is compatible with boat storage. The project vicinity includes a several rural residences (Approximately 400 to the northeast, 450 to the east, 700 feet and 810 feet to the south) and suburban residential development about 900 feet to the east. An Initial Study (IS) was prepared for the project pursuant to CEQA. The IS determined that there were several potential impacts resulting from the project, but that seven mitigation measures would reduce -impacts to a less than significant level. See Attachment C. 3. The proposed use will not be detrimental to the public health, safety, and welfare of the County. Proposed UP06-08 would help bring the subject -property into compliance with Butte County Code, by permitting the expansion of the legal nonconforming boat storage use from 1.5 acres to 4.0 acres. An IS/MND was prepared which identified several impacts resulting from the projects, all of which can be reduced to a less than significant level by mitigation measures recommended for the project. With conditions of approval, including mitigation measures recommended for the project, the proposed ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 13 of 23 use will not be detrimental to the public health, safety, and welfare of Butte County. 4. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project does not require domestic water or wastewater treatment, or solid waste facilities. The owners of the. boat storage facility live and work on site and use their residential restroom facilities. The boat storage use would not be in conflict with any statutes or regulations relating to solid waste. The project would not significantly increase the level of demand for fire protection services needed on the site because the boats do not introduce a substantial fire risk to the project site. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. 5. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with residential and undeveloped parcels. The overall size of the project, approximately 4+ acres on a 10.31 acre site, encompasses less than 40% of the project parcel. While sandblasting and the movement of boats during nighttime hours were found' to potentially have significant impacts; mitigation measures are proposed such that impacts would be reduced to less than significant levels. Sandblasting may be undertaken only as consistent with the regulations of the Butte County Air Quality Management District (BCAQMD) as needed to reduce dust. Boats may not be moved on and off site during nighttime hours to avoid both noise and light pollution. B. BCC 24-125 Findings (Nonconforming Uses and Structures) specifies findings necessary for the approval of a nonconforming use or structure: these findings can be met for the subject project for the reasons identified in italics. 1. Available evidence indicates that the nonconforming use or structure was legally established. The 1. S acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R Agriculture Residential (which did not allow the boat storage use) when it was part of a larger storage area still adjoining a parcel to the south. The subject parcel was divided from a 15 -acre parcel containing a boat storage facility when the parcel was created by Parcel Map on February 22, 1999. The 1.5 -acre boat storage area is shown on the project site in an aerial photograph from 1998. The 1.5 acre area has been in continuous use for houseboat storage since that time. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 14 of 23 2. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. Mitigation Measure #1 prohibits the movement of houseboats, as well as. repair or painting activities between the hours of 7:00 pm and 7:00am. Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the regulations of the Butte County Air Quality Management District. Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according to manufacturer's instructions. With all identified mitigation measures, notable negative impacts and nuisances to the surrounding area will be avoided. 3. The nonconforming use or structure is compatible with the general character of the surrounding area. A legal nonconforming boat storage facility is located adjacent to the Conley's boat storage facility. The adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre parcel also zoned MU -1. The area can otherwise be described as rural residential in character. The property is located approximately in the vicinity of Lake Oroville. 4. The proposed action is compatible with the purpose and intent of the applicable zone. While the mixed-use zone does not allow `public/mini storage" or "recreational vehicle parks ", it does allow general retail, restaurants, offices, and personal services as permitted uses in the zone. The MU zone allows uses described as "Commercial Recreation, outdoors" with the issuance of a minor use permit. As the name implies, the mixed use zone is allows for "a mixture of residential and commercial land uses located closer to one another, either within a single building, on the same parcel, or on adjacent parcels. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 15 of 23 y IV. Approves Use Permit UP 06-08 subject to the conditions as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 28`h day of August 2014, by the following vote: AYES: NOES: -ABSENT: ABSTAIN:, CHUCK NELSON, Chair Planning Commission County of Butte, State of California ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 16 of 23 ■ • Exhibit A USE PERMIT 0 BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 06-08 PERMIT NO. 072-070-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Cal and Denise Conley are hereby granted a Use Permit expanding an existing nonconforming use for a boat storage facility with approximately 4 acre boat storage footprint at 6250 Miner's Ranch Road, Oroville, California. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor, changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. Minor changes as provided by BCC Chapter 24, Article 34, Section 246 C; may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 17 of 23 5. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 6. 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. I. CONDITIONS OF APPROVAL: Planning Division: t , 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Applicant shall actively pursue and obtain approval of a Certificate of Correction (COR) for the subject site within two years of the approval of this Use Permit. Applicant shall submit drainage plans as necessary to obtain the COR within one year from the approval of the use permit. The Certificate oft Correction shall be recorded within two years from the approval of the Use Permit, or staff shall schedule a revocation hearing on the use permit. Without a permanent solution to drainage, approved and installed within two years, this Use Permit shall become null and void. 3. Mitigation Measure #1 (Hours of Operation): Place a condition on the Use Permit that states: "There will be no evening or nighttime y movement ofeboats within, into, or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours." Plan Requirements: /oats may only be moved on, around .or off—site, or maintained/serviced between the hours of 7 am and 7 pm. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on ' a complaint basis. j 4. Mitigation Measure # 2 (Dust Control, Sandblasting, Painting): ■ Butte County Department of Development Services ■ . August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 18 of 23 . ■ 0 • Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not limited to the following: Control Dust a. During installing or movement of house boats or other stored equipment, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During movement of house boats or other equipment, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District (BCAQMD) or Department of Development Services in order to control dust. Sandblasting, Painting Only as Permitted e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable regulations of the BCAQMD. Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 5. MitiL7ation Measure #3 (1602 Streambed Alteration` Permit): Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602 permit, for any planned activities affecting the bed, bank, or channel of any drainage/watercourse on site, or if needed due to past work in the bed bank or channel. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of any waterway shall be permitted until the 1602 permit is submitted and approved. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 19 of 23 0 0 Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the use permit UP 06-08. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the permit is obtain prior to recordation of the certificate of correction. 6. Mitigation Measure #4 (Oak Woodland Resources): Place a condition on the Use Permit that states:. "Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall'be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 20 of 23 0 • 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee." Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 7. Mitigation Measure # 5 (Cultural Resources): Place a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate data recovery procedures if necessary. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the burial consists of prehistoric human remains, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: Any person performing ground -disturbing work shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 8. Mitigation Measure #6 (Hazardous Materials): Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property. All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's instructions." Plan Requirements: The note shall be made a condition of the Use Permit. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 21 of 23 Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 9. Mitigation Measure # 7: Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak- flow runoff to said channel or facility." Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within two years of the issuance of UP06-08. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. Public Works See Mitigation Measure # 7 above, Permanent Solution for Drainage. County Counsel 12. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement,in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 22 of 23 0 • I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report - UP 06-08 ■ Page 23 of 23 Taylor Oroville Properties Y. 505 South Villa Real, Suite 201A , Anaheim, Califomia 92807, USA Phone: (714) 974-1010 ext 214 Fax (714) 974-2191 www.remmintemational.com August 22, 2014 C.()uNTY Mr Tim Snellings Butte County Department of Development Services AUG 2 2 2014 • 7 County Center Drive UV ELO1' VI ENT i Oroville, California 95965 SEJZvIC ` RE: UP 06-08 APN 072-070-021 Dear Tim I am the owner of the 9 acres on southeast corner of Miner Ranch Road and Highway 162 and in receipt of the Butte County Planning Commission Agenda for August 28, 2014. We enthusiastically SUPPORT the conditional use permit UP -06-08 (Conley Boat Storage). Robert M. Taylor, CRE, CSM,.CPM President License #00409265 = ._- _. ,. .... a :. ,� 8/28/2 pj W t � „! �u \. ,s -•.x •�F.,� ~:•y 5 �w 3�4f�"x3T4 ab ;X '��. St'ks'R' �' n .X, � { <�-.�.r ✓`,;�z_"N'k n ir' ' 4 r .�r . Y E O = 9 -� °our►' r qq r �'le �Set�t�ic%g VIVO On :: - � 1Vhixed LJ°se% � g -1 Desiignat==ions. 11100 ravi�lle's �� Sphere of Influence and t=he ®r®u��le� :roan area: The grope_" isl'ocated within TM l.alce:roi=lle" i' Zvi �r = Ian=fluence, but outs�ide�o�•the district. � t ��- ` MAN. State Resp ®MET Us ear (h gh: f.re iaza cl Farrea): Id ' • 1� X '` j'- e t O f� i�� v O k - `The • $ $6 8 @ t Y boat storagearea $ is behintl�the Jrand landscaping which frorn Mi.ners Ranch Road. partially obstructs views ' ` ` ' • !fin adjacent boat storage fasrlit�y islocated`34K ` dir=ectl�y next door and .to the south of�the , 4 , �--� su-bject property on a 5.25 acre'parcel also zoned MU -'I . This dwelling is :also developed z y ' ` .\'Y ,` ,,u ,,°with a �residence~an •boat sto.ragefaci'lity and is - i e no# axpart ©f �th'is lJse Permit. r t , Y �., I. �� 1 d �.._ y t � _ � ,� `` ;`, � � � � � `t _� � � � s,� �_ . � �� � , � e .BCC r ,. 24-222 FiEn�dei;n_s for the e Y ,. app�roANN oaf Mal " 1. Proposed use>is allowed in`the zoneor meets the criteria fo,r none®nf®ming `' 2. Location,; size, design, and operating characteristics 'r, _. will be comp�atible.with the existing and future and "` ruses in the vicinity 3. lJse will notbe detrimental to the public health; safety, and welfare of the County. a. 11'se is properl.,y located wifhin the'County and is r u adequately served by servicesantl infrastructure. , . 5. The P p ysicai W-1414 size sha a antl other h:+ ractenstcs o• are adequate to ensure compatibility with the existing '. � `andfuture"landuses. k -,= . o 1. a r BCC 284-1751 Fri n di,n;gs,forapp roufal k oaf Fill use - 'AM � �1 '15 acre boat storage use was ablished to`.' A the February 28, 11984 rezonin°g e's prior the A r �Ignculture Residential (which storage of propertyto -R diel not a%%w tMe boaf' ' r ,' '" ' � ', use) when►t away Part�of still adjoining =a parcel to fhe a ,larges storage area south. - � = t . '''_ � r . E:`� t ' � Sub ect arcel was a'ivided from j P =a 15 -acre ;.arcel P t °� ' t containing aboat storagefac�IIL(vg.VLIhen the Parcel was.,� created.iby f�arcel -Map on Feb�ruary242, 1999 r i. '' ` The 1.5=acre boat sforage area is shown on the , , , project site,in an aerta/ photograph from 199x8 : ` °0 The 1.5 acre area has been in c®ntinuous used for : ° <a houseboat storage since`that time. COVNt� j s z BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 28, 2014 Applicant: Cal Conley Location: On the east side of Miners Ranch Road, approximately Owner: Cal Conley 0.40 miles south of State Highway 162, east of Oroville; 6250 Miners Ranch Road. File #:s UP 06-08 and COR 06-02 Project Size: ±10.31 Acres Request: 1)Use Permit for existing ±4 acre Supervisor I storage area for house boats, District: pontoon boats and motor boats; Planner: Stacey Jolliffe, Principal 2)Certificate of Correction to Planner modify condition 3 of the Parcel Map recorded in Book 146, Pages 80-82 on February 22, 1999 G.P.: MU (Mixed Use) Attachments A: Resolution with attached Zoning: MU -1 (Mixed Use 1) conditions B: General Plan/Zoning Map ` I APN: 072-070-021 C: Initial Study/Mitigated C" Negative Declaration. r' D: Recorded Parcel Map and tI ' 6Uv Agenda Report from June 25, 1998 approval of the Tentative Parcel Map EXECUTIVE SUMMARY Cal and Denise Conley have requested approval oftwo applications to bring their existing boat storage facility at 6250 Miner's Ranch Road into compliance with County Code. The first application is for a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the t existing, 4+ acre boat storage footprint currently existing onsite. The second application is a Certificate of Correction to remove a recorded map condition (and a mitigation measures) from a Final Map in order to eliminate a 100 feet no development area on both sides of a seasonal drainage. The seasonal drainage that formerly bisected the property was created by storm runoff from the adjoining property to the east overflowing the drainage ditch. Subsequent to the creation of the subject 10 -acre parcel, the Conleys have improved/modified the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 1 of 23 designation of the map note be eliminated, because onsite drainage has been modified such that the No Development designation on either side of the seasonal drainage is no longer necessary. Based on Use Permit UP 06-08 being consistent with the findings necessary to approve an expansion of a nonconforming use and the findings necessary to approve a Use Permit, staff recommends that the Planning Commission adopt the attached Resolution (Attachment A), adopting the Initial Study /Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA) and approving the Use Permit, subject to findings and conditions. The Certificate of Correction is not ready for action at this time; COR 06-02 will return to the Commission at such time as the application is ready for the Commission's action. The Certificate of Correction must still be prepared by a registered civil engineer or licensed land surveyor (BCC 20-91 (b)) and must demonstrate that the project meets applicable drainage standards. The CEQA requires that environmental analysis evaluate the whole of a project; therefore, the IS/MND prepared for this project has evaluated both the Use Permit and the Certificate of Correction. Staff recommends that the Planning Commission take no action on COR 06-02 at this time. Condition of Approval # 2 on the Use Permit specifies that the applicant shall actively pursue and obtain approval of the required Certificate of Correction (COR) for the subject site with two years of the approval of this use permit, or staff shall schedule the use permit for a revocation hearing. PROJECT DESCRIPTION The two applications were submitted for the property in 2006. The first application, UP 06-08 requests a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the existing, approximately 4+ acre -boat storage footprint currently existing on the site. Applicant Cal Conley has explained that he understood the existing non -conforming status of the property enabled him to expand the business over time. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning of the property to the former Agriculture Residential (A -R) zone, when the use was part of a larger, 15 - acre storage area still adjoining a parcel to the south. The 1.5 acre portion of the storage area was subdivided with the 10 -acre parcel created by Parcel Map on February 22, 1999. According to the applicant and available data, the 1.5 acre area has been in continuous use for house boat repair and storage since that time. Grading and drainage improvements were undertaken, and the 1.5 acre storage area has expanded to approximately a 4.0+ acre area. The second application is a for a Certificate of Correction, COR 06-02, to modify Mitigation Measure 3 of the Parcel Map recorded in Book 146, Pages 80-82 on February 22, 1999 (see Attachment D). Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designated as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. The seasonal drainage swale was created by storm run-off from the adjoining property to the east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject 10 -acre parcel, the applicant modified/improved the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property to the south. The applicant is ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 2 of 23 requesting that the "No Development" designation be eliminated by removing Mitigation Measure 3. SITE CHARACTERISTICS • The site is located within the City of Oroville's Sphere of Influence and the Oroville Urban Area. The property is located within the Lake Oroville Area Public Utility District (LOAPUD) Sphere of Influence, but outside of the District. • The property and vicinity are located within the State Responsibility Area (high fire hazard area). • The site is relatively level. Elevation of the project site is approximately 825 feet above sea level. • The project site has several oak trees and landscaping concentrated around an existing dwelling, and pond. The boat storage area is behind the residence and associated landscaping which partially obstructs views to the boat storage facility from Miners Ranch Road. • Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close V— as 600 feet to northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel. • An adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre parcel also zoned MU -1. This dwelling is also developed with a residence and boat storage facility and is not a part of this Use Permit. • Condition 3 of the Parcel Map creating the parcel (recorded in Book 146, Pages 80-82 on February 22, 1999) requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale, and that it be designated as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. • Subsequent to the creation of the subject 10 -acre parcel, the applicant improved/modified the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" designation be eliminated by removing recorded condition 3. SURROUNDING LAND USES • Parcels in the general vicinity range from 0.41 acres to 17 acres in size. Most of the parcels are l to 10 acres in size with existing residential development. • The surrounding zoning is MU -1 Mixed -Use 1 to the north, south, and west, and RR -5 to the east. • The size of the property (10.31 acres), and rural residential use of surrounding properties, contributes to the compatibility of the proposed use with surrounding properties. A single- family dwelling is located on this property. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 3 of 23 • The business currently has an existing, approximately 4 x 6 sign on Miners Ranch Road which would be permitted as part of Use Permit UP 06-08. Butte County currently regulates signs through discretionary permits and Article 20 Signs of the Zoning Ordinance. It is recommended that a sign be allowed since this use is a commercial use which is dependent upon some advertising. ANALYSIS As an existing non -conforming use, the boat storage facility is not consistent with the General Plan designation of Mixed Use or the zoning designation of Mixed Use 1 for the subject property. Alternatively, findings necessary for the expansion of the nonconforming use are outlined below. On balance, the use permit must be consistent with the Butte County General Plan. General Plan The proposed project is consistent with the numerous General Plan goals, policies, and actions. An explanation of why the application is consistent with identified General Plan goals and policies is provided in italics. Policy LU -P2.2 Economic use and value of private property shall be maintained. Granting the Use Permit allows continuation of the boat storage use meeting a need of Lake Oroville boaters as well as maintaining the value of the property to the owner. Goal LU -3 Create communities where there is a sense of well-being where families and neighbors can socialize, interact, and play. Granting the use permit is not expected to obstruct the well-being of the surrounding neighborhood, with adherence to the mitigation measures outlined in the IS/MND for the project. Mitigation measures would protect the neighborhood from nighttime light and noise and would ensure that the regulations of the Butte County Air Quality Management District (BCAQMD) are met. Goal LU -5 Provide adequate land for and promote the development of attractive commercial, industrial areas and uses that provide goods, services, and jobs. The, boat storage facility is located on a 10.71 -acre property and is surrounded by landscaping and vegetation. The facility is located approximately 3 miles from two boat launch ramps and serves a market demand for boat storage facilities in proximity to Lake Oroville. The use permit would legalize an attractive facility that provides a needed service in Butte County. Goal LU -9 Coordinate land development with provision of new services and infrastructure. The boat storage and maintenance facility provides a needed service for Lake Oroville boaters. The subject property supports the recreational use of Lake Oroville. Existing services and infrastructure are sufficient to meet the needs of the facility. Policy LU -P9.2 The County shall balance development densities with the traffic - carrying capacities of existing and proposed circulation plans. ■ Butte County Department of Development Services ■ a August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 4 of 23 The Initial Study (IS) prepared for the project pursuant to the California Environmental Quality Act (CEQA) evaluated the impact to area circulation. It found that the project would have a less than significant impact on transportation and circulation. The IS also found that Miners Ranch road which serves the project has adequate capacity to serve the project and other existing and planned development. In July 2007, Butte County Department of Public Works performed a traffic count for Miners Ranch Road, just south of Oro Quincy Highway and north of the project site. The traffic count determined an average daily trip count of 2, 825 at this location. Minors Ranch Road is classified as a major road. The Butte County General Plan sets the capacity of a major road at 9,500 trips per day. The existing boat storage consists of 8 to 10 houseboats depending on the season. The total area for boat storage, including the expansion area, can house up to 25 boats. The transportation of houseboats to Bidwell Marina, or the Loafer Creek boat ramp, both approximately 3 miles from the project site, is periodic in nature. The traffic impact of an additional 10 to 15 periodic transportation of houseboats is not measureable, but well within the trip count difference between the existing trips and the maximum trips for Miners Ranch Road. Goal HS -2 Protect people and property from flood risk Policy HS -P2.2 The County supports the efforts of private landowners and public agencies to maintain existing flood management facilities. Goal HS -3 Prevent and reduce flooding Policy HS -P3.2 Applicants for new development projects shall provide plans detailing existing drainage conditions and specifying how runoff will be detained or retained on-site and/or conveyed to the nearest drainage facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Policy HS -P3.3 All development shall include stormwater control measures and site design features that prevent any increase in the peak flow runoff to existing drainage facilities. The owner/applicant filled in a drainage conveyance channel traversing the property in order to redirect drainage around the project site. Mitigation is required such that a permanent solution to drainage will be approved by the Land Development Division of Public Works Department, prior to recordation of the Map Correction COR 06-02 and prior to the Use Permit being vested. The IS/MND prepared for the project also requires mitigation for grading or other activity affecting the bed, bank, or stream of any drainage/watercourse on site, or if needed due to past work in the bed bank or channel. Mitigation Measure 93 requires that the applicant obtain a Lake and Streambed Alteration Permit from the California Department of Fish & Wildlife, prior to any development activities or recordation of the Certificate of Correction. Zoning a Permitted land uses in the MU -1 zone include offices, restaurants and general retail. Conditionally -permitted uses include outdoor commercial recreation, bars, nightclubs and lounges, and major utilities. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 5 of 23 • Boat storage is not an allowed use in the MU -1 zone; however, the boat storage facility is not incompatible with planned or existing land uses in the MU -1 zone and the County's zoning ordinance contains provisions for the continuation and expansion of a legal non -conforming use (Butte County Code, Chapter 24, Article 22 Nonconforming Uses and Structures, BCC 24- 119 et seq.) • An approximately 1.5 acres boat storage area appears to have been legally established as of 1999 and as such is a legal nonconforming use in the MU -1 zone. Criteria for Granting a Conditional Use Permit The use permit process allows the County to consider site specific issues in a discretionary process to evaluate consistency with the Zoning Code and the General Plan. In considering approval of the Use Permit, the Planning Commission may grant the use permit application only if the proposed project complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan, any other applicable community or specific plan, and the County improvements Standards, all as supported by necessary findings. The criteria for granting a conditional use permit for boat storage facility derive both from the general criteria for granting all use permits (BCC Section 24-222) as well as the specific criteria for the expansion of a legal non -conforming use (BCC Section 24-125) An explanation of why the application is consistent with identified findings is provided in italics below. BCC 24-222 Findings (approval of a use permit or minor use permit) A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures) The project is zoned MU -1 and boat storage is not a permitted use in the MU -1 zone. However, UP 06-08 meets the criteria for reconstruction or intensification of a nonconforming use; see findings in BCC 24-125 Findings (Nonconforming Uses and Structures) to follow. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The boat storage facility is located approximately 0. 38 miles `as the crow flies' from Lake Oroville. Bidwell Marina and the Loafer Creek boat ramp are both approximately 3 miles from the project site. A boat storage facility is located next door to the Conley's boat storage facility. These boat storage facilities have been in business for approximately ten years (Conley's business) and thirty years (neighboring business). The location of the use is compatible with boat storage. The project vicinity includes a several rural residences (Approximately 400 to the northeast, 450 to the east, 700 feet and 810 feet to the south) and suburban residential development about 900 feet to the east. An Initial Study (IS) was prepared for the project pursuant to CEQA. The IS determined that there were ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 6 of 23 several potential impacts resulting from the project, but that seven mitigation measures would reduce impacts to a less than significant level. See Attachment C. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.. Proposed UP06-08 would help bring the subject property into compliance with Butte County Code, by permitting the expansion of the legal nonconforming boat storage use from 1.5 acres to 4.0 acres. An IS/MND was prepared which identified several impacts resulting from the projects, all of which can be reduced to a less than significant level. by mitigation measures recommended for the project. With conditions of approval, including mitigation measures recommended for the project, the proposed use will not be detrimental to the public health, safety, and welfare of Butte County. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project does not require domestic water or wastewater treatment, or solid waste facilities. The owners of the boat storage facility live and work on site and use their residential restroom facilities. The boat storage use would not be in conflict with any statutes or regulations relating to solid waste. The project would not significantly increase the level of demand for fire protection services needed on the site because the boats do not introduce a substantial fire risk to the project site. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with residential and undeveloped parcels. The overall size of the project, approximately 4± acres on a 10.31 acre site, encompasses less than 40% of the project parcel. While sandblasting and the movement of boats during nighttime hours were found to potentially have significant impacts; mitigation measures are proposed such that impacts would be reduced to less than significant levels. Sandblasting may be undertaken only as consistent with the regulations of the Butte County Air Quality Management District (BCAQMD) as needed to reduce dust. Boats may not be moved on and off site during nighttime hours to avoid both noise and light pollution. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 7 of 23 BCC 24-125 Findings (Nonconforming Uses and Structures) A. Available evidence indicates that the nonconforming use or structure was legally established. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R Agriculture Residential (which did not allow the boat storage use) when it was part of a larger storage area still adjoining a parcel to the south. The subject parcel was divided from a I5 -acre parcel containing a boat storage facility when the parcel was created by Parcel Map on February 22, 1999. The 1.5 -acre boat storage area is shown on the project site in an aerial photograph from 1998. The 1.5 acre area has been in continuous use for house boat storage since that time. B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. Mitigation Measure #1 prohibits the movement of houseboats, as well as repair or painting activities between the hours of 7:00 pm and 7:00am. Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the regulations of the Butte County Air Quality Management District. Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according to manufacturer's instructions. With all identified mitigation measures, notable negative impacts and nuisances to the surrounding area will be avoided. C. The nonconforming use or structure is compatible with the general character of the surrounding area. A legal nonconforming boat storage facility is located adjacent to the Conley's boat storage facility. The adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre parcel also zoned MU -1. The area can otherwise be described as rural residential in character. The property is located approximately in the vicinity of Lake Oroville. D. The proposed action is compatible with the purpose and intent of the applicable zone. While the mixed-use zone does not allow 'public/mini storage " or "recreational vehicle parks ", it does allow general retail, restaurants, offices, and personal services as permitted uses in the zone. The MU zone allows uses described as "Commercial Recreation, outdoors" with the issuance ofa minor use permit. As the name implies, the mixed use zone is allows for "a mixture of residential and commercial land uses located closer to one another, either within a single building, on the same parcel, or on adjacent parcels. The project, with project conditions and mitigation, complies with. the required findings to approve the Use Permit. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 8 of 23 Certificate of Correction The applicant has also made application for a Certificate of Correction to modify Mitigation Measure 3 of the Parcel Map recorded at Book 146, Pages 80-82 on February 22, 1999 (see attachment D). Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. Subsequent to the creation of the subject 10 -acre parcel the applicant improved/modified the drainage ditch which has increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" designation be eliminated be removed from recorded parcel map. The drainage swale that was the subject of Mitigation Measure #3 of the approved Parcel Map no longer exists. The drainage swale was created by overflow of a drainage ditch along the east property line that, according to the applicant, did not function properly. The drainage ditch was improved/modified such that off-site storm runoff is captured by the ditch and no longer traverses the property in the former drainage swale. Since the drainage no longer exists, the map note establishing a no development zone around the former location of the drainage swale is no longer necessary. The most important question may be what is now required from a regulatory perspective, given the new location of drainage? The answer to this question lies in the county's standards for the permanent solution to drainage, which have not been demonstrated to be satisfied for this project. The map correction application has been `incomplete' for drainage since submittal in 2006. The uncertainty of obtaining the Use Permit coupled with the cost of drainage studies made paying completion of the necessary drainage studies infeasible to the applicants, and they have continued operating the boat storage facility. The California Department of Fish and Wildlife does not have records of any Section 1602 (Lake and Streambed Alteration Agreement) permitting activities for the subject property, and did not initiate enforcement activities for previous work performed in the No Development area. Any future work within the bed bank or channel, however, will require the issuance of a 1602 permit. The map correction cannot be acted upon until a permanent solution to drainage is identified, Condition of Approval #2 on the Use Permit provides two years for the applicant to comply with these requirements. The timeframe for completion of the Certificate of Correction within two years is also reflected in Mitigation Measures 3 and 7, which coordinate requirements and timing for the Lake and Streambed Alteration Permit, and permanent solution to drainage, respectively. The applicant has agreed ,to these conditions of approval on the project. The applicants believe no further drainage work will be required; this has not been demonstrated to county standards. In order to address the applicant's concerns with the uncertainty of the Use Permit process and to bring the property into compliance with current regulations, staff is proposing Mitigation Measure 7 which would give the applicant one year to complete the drainage studies needed to demonstrate a county -approved permanent solution to drainage. A second year ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 9 of 23 would allow for any necessary grading work and improvements, consistent with the approved plans for the permanent solution for drainage, and to record the Certificate of Correction. ENVIRONMENTAL REVIEW/CEQA ISSUES In compliance with Section 15073(a) of the CEQA Guidelines, the Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project were placed on file for public review and comment for a thirty day period July 29 through August 29, 2014. See Attachment C. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. The Initial Study prepared for this project determined there may be potential environmental impacts to the following areas: • Aesthetics / Visual Resources; • Air Quality (dust); • Biological Resources; • Cultural Resources; • Hazards /Hazardous Materials; • Hydrology / Water Quality; and • Noise. The Initial Study, attached to this agenda report, recommended seven mitigation measures to reduce environmental impacts to a less than significant level: • Aesthetics (Hours of Operation) Mitigation Measure #1 prohibits all movement of houseboats. repair or painting activities between the hours of 7:00 pm and 7:00am. • Air Quality (Dust Control, Sandblasting and Painting) Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the regulations of the Butte County Air Quality Management District • Biological Resources (1602 Streambed Alteration Permit and Oak Woodland Resources) Mitigation measures are recommended to protect existing oak trees by restricting storage within the drip line and by requiring that the applicant obtain a 1602 Lake and Streambed Alteration Permit for any work in a bed, bank, or stream of a lake or stream. • Cultural Resources. Mitigation Measure #5 requires that a note be placed on the Use Permit that requires the applicant to cease activities if cultural resources are discovered. • Hazards/Hazardous Material (No Hazardous Materials) Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according to manufacturer's instructions. • Hydrology (Permanent Solution for Drainage) Mitigation Measure #7 requires that a hydrology analysis be conducted to determine how drainage waters are either detained on the property or conveyed to the nearest natural drainage channel. Compliance with standards for a permanent solution for drainage must occur within one year, and installed within two years, in order to record the certificate of correction. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 10 of 23 0 • • Noise (Hours of Operation) The Mitigation Measure #1 prohibits the movement of houseboats, repair or painting activities between the hours of 7:00 pm and 7:00am. Complete mitigation measures with plan requirements, timing, and monitoring can be viewed in the resolution approving the project; See Attachment A. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project; unless the project proponent provides verification from the California Department of Fish and Game (CDFG) that the project is exempt from the fee requirement. If the required fee is not paid, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 11 of 23 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING • , USE PERMIT UP 06-08 (Conley) WHEREAS, the Planning Commission has considered Use Permit UP 06-08 for Denise and Cal Conley, in accordance with Chapter 24 of Butte County Code on Assessor's Parcel No. 072-070-021; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on August 28, 2014; and WHEREAS, the Planning Commission has considered all public comments received and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: 1. Adopts the Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act (CEQA). Said Study identified, significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is adopted. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Denise and Cal Conley, Planning Division File No. UP 06-08, would have a significant effect on the environment. The custodian of the record is the Department of Development Services , Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid, ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 12 of 23 ■ the project will not be operative, vested or final and any local permits issued for the project will become invalid (Section 711.4 (c)(3)). III. Makes the following Use Permit findings: A. BCC 24-222 specifies findings necessary for the approval of a use permit or minor use permit; these findings can be met for the subject project for the reasons identified in italics. 1. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures) The project is zoned MU -1 and boat storage is not a permitted use in the MU -1 zone. However, UP 06-08 meets the criteria for reconstruction or intensification of a nonconforming use; see findings in BCC 24-125 Findings (Nonconforming Uses and Structures) to follow. 2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The boat storage facility is located approximately 0. 38 miles from Lake Oroville. Bidwell Marina and the Loafer Creek boat ramp are both approximately 3 miles from the project site. A boat storage facility is located next door to the Conley's boat storage facility. The boat storage facilities have been in business for approximately ten years (Conley's business) and thirty years (neighboring business). The location of the proposed use is compatible with boat storage. The project vicinity includes a several rural residences (Approximately 400 to the northeast, 450 to the east, 700 feet and 810 feet to the south) and suburban residential development about 900 feet to the east. An Initial Study (IS) was prepared for the project pursuant to CEQA. The IS determined that there were several potential impacts resulting from the project, but that seven mitigation measures would reduce impacts to a less than significant level. See Attachment C. 3. The proposed use will not be detrimental to the public health, safety, .and welfare of the County. Proposed UP06-08 would help bring the subject property into compliance with Butte County Code, by permitting the expansion of the legal nonconforming boat storage use from 1.5 acres to 4.0 acres. An IS/MND was prepared which identified several impacts resulting from the projects, all of which can be reduced to a less than significant level by mitigation measures recommended for the project. With conditions of approval, including mitigation measures recommended for the project, the proposed ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 13 of 23 0 • use will not be detrimental to the public health, sajety, and welfare of Butte County. 4. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project does not require domestic water or wastewater treatment, or solid waste facilities. The owners of the boat storage facility live and work on site and use their residential restroom facilities. The boat storage use would not be in conflict with any statutes or regulations relating to solid waste. The project would not significantly increase the level of demand for fire protection services needed on the site because the boats do not introduce a substantial fire risk to the project site. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. 5. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future, land uses in the vicinity of the subject property. The project site is located in a rural area with residential and undeveloped parcels. The overall size of the project, approximately 4+ acres on a 10.31 acre site, encompasses less than 40% of the project parcel. While sandblasting and the movement of boats during nighttime hours were found to potentially have significant impacts; mitigation measures are proposed such that impacts would be reduced to less than significant levels. Sandblasting may be undertaken only as consistent with the regulations of the Butte County Air Quality Management District (BCAQMD) as needed to reduce dust. Boats may not be moved on and off site during nighttime hours to avoid both noise and light pollution. B. BCC 24-125 Findings (Nonconforming Uses and Structures) specifies findings necessary for the approval of a nonconforming use or structure; these findings can be met for the subject project for the reasons identified in italics. 1. Available evidence indicates that the nonconforming use or structure was legally established. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R Agriculture Residential (which did not allow the boat storage use) when it was part of a larger storage area still adjoining a parcel to the south. The subject parcel was divided from a 15 -acre parcel containing a boat storage facility when the parcel was created by Parcel Map on February 22, 1999. The 1.5 -acre boat storage area is shown on the project site in an aerial photograph from 1998. The 1.5 acre area has been in continuous use for houseboat storage since that time. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 14 of 23 2. The nonconforming use or structure has not resulted in a notable_ negative impact or nuisance to the surrounding area. Mitigation Measure #1 prohibits the movement of houseboats, as well as repair or painting activities between the hours of 7:00 pm and 7:00am. Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the regulations of the Butte County Air Quality Management District. Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according to manufacturer's instructions. With all identified mitigation measures, notable negative impacts and nuisances to the surrounding area will be avoided. 3. The nonconforming use or structure is compatible with the general character of the surrounding area. A legal nonconforming boat storage facility is located adjacent to the Conley's boat storage facility. The adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre parcel also zoned MU -1. The area can otherwise be described as rural residential in character. The property is located approximately in the vicinity of Lake Oroville. 4. The proposed action is compatible with the purpose and intent of the applicable zone. While the mixed-use zone does not allow `public/mini storage" or "recreational vehicle parks ", it does allow general retail, restaurants, offices, and personal services as permitted uses in the zone. The MUzone allows uses described as "Commercial Recreation, outdoors" with the issuance of a minor use permit. As the name implies, the mixed use zone is allows for "a mixture of residential and commercial land uses located closer to one another, either within a single building, on the same parcel, or on adjacent parcels. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 15 of 23 ` IV. Approves Use Permit UP 06-08 subject to the conditions as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 281h day of August 2014, by the following vote: r Y AYES: t a NOES: + ABSENT: ABSTAIN: CHUCK NELSON, Chair Planning Commission. County of Butte, State of California ` ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California t •; t ■ Butte County Department of Development Services ■ 0 August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 16 of 23 Exhibit A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 06-08 PERMIT NO. 072-070-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Cal and Denise Conley are hereby granted a Use Permit for a boat storage facility with approximately 4 acre boat storage footprint at 6250 Miner's Ranch Road, Oroville, California. 1. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 17 of 23 5. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 6. 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. I. CONDITIONS OF APPROVAL: Planning Division: 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction overthis Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Applicant shall actively pursue and obtain approval of a Certificate of Correction (COR) for the subject site with two years of the approval of this Use Permit. Applicant shall submit drainage plans as necessary to obtain the COR within one year from the approval of the use permit. The Certificate or Correction shall be recorded within two years from the approval of the Use Permit, or staff shall schedule a revocation hearing on the use permit. Without a permanent solution to drainage, approved and installed within two years, this Use Permit shall become null and void. 3. Mitigation Measure #1 (Hours of Oueration): Place a condition on the Use Permit that states: "There will be no evening or nighttime movement of houseboats within, into, or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours. Plan Requirements: House boats may only be moved on, around or off—site, or maintained/serviced between the hours of 7 am and 7 pm. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 4. Mitigation Measure # 2 (Dust Control. Sandblasting. Painting): ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 18 of 23 . Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not limited to the following: Control Dust a. During installing or movement of house boats or other stored equipment, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During movement of house boats or other equipment, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District (BCAQMD) or Department of Development Services in order to control dust. ' Sandblasting, Painting Only as Permitted e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable regulations of the BCAQMD. Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout -the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 5. Mitigation Measure #3 (1602 Streambed Alteration Permit): Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602 permit, for any planned activities affecting the bed, bank, or channel of any drainage/watercourse on site, or if needed due to past work in the bed bank or channel. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of any waterway shall be permitted until the 1602 permit is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the use permit UP 06-08. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 19 of D Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the permit is obtain prior to recordation of the certificate of correction. 6. Mitigation Measure #4 (Oak Woodland Resources): Place a condition on the Use Permit that states: "Prior to any development activity or the , issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting -and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become , diseased, they shall be replaced and maintained for seven years after the new oak trees are planted;. 3) A replanting schedule and diagram for trees removed or encroached upon b'y permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange Plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee." ■ Butte County Department of Development Services ■ ip August 28, 2014 ■ Agenda Report - UP 06-08 ■ Page 20 of 23 ■ Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 7. Mitigation Measure # 5 (Cultural Resources): Place a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate data recovery procedures if necessary. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the burial consists of prehistoric human remains, the Native American Heritage Commission" in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: Any person performing ground -disturbing work shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 8. Mitigation Measure #6 (Hazardous Materials): Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property. All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's instructions." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 21 of 23 Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 9. Mitigation Measure # 7: Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility." Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within two years of the issuance of UP06-08. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. Public Works See Mitigation Measure # 7 above, Permanent Solution for Drainage. County Counsel 12. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 22 of 23 I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. cc: Building Division Environmental Health Division Land Development Division Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ August 28, 2014 ■ Agenda Report — UP 06-08 ■ Page 23 of 23 ml 0 0 lk x4e Pkiv w, ee C3 E Oal,!Wo' $v MI)o LftO Pkwy R � N"; ME. cm Comr A Al'', UEM SyverH, lbdation L -4 < -4 4- V - s 'cl V•pa i4fl 4 Y R Rl- 5q,,thy Or )% tZ L� Roald klylv 10 1 r< y s xkA =j b, j b1hol 'N pr,., 4, MU " 1, WWI VL tt A6. ,#o 0 550 1-100. 850 , :2'. Fee@ .ul PL ANNMJC0,MM$$IQ:,1,, Applicant/Owner Cali& Denise Conley ... .. .. . ........ . .... ... KC#T,'ngb ,WI ZOiftl�,JMfxedi 1, Rwef. 4 46w. I mdii.o io Ruroi Country il-io Floihmcmdtti'y i4.aiA11. 20: Wry Lowa•� PiOftMhl. 2.5 Np to I dw2,S \00i; i" twm ycowry R••Idmi•1NDmt* d.- ISO L.- 01" R.11dMW (Up to 3 ddbc) D..Sq Roodla jf4 w 20 dufto vom"I PWAsiRust - i (rawl 2 totd.* C�A to NPto I d.FlOn FdWPJ ks- Mdal OrW MiXed UsoZonex% fthwtm-d q at Ptirpose Zenon' iui 11 r AariculturAl Zonas UD M— MDR MDR nm t, r `�H•mueetomne�•n(Neomhm+lmq _4 MatUral lk x4e Pkiv w, ee C3 E Oal,!Wo' $v MI)o LftO Pkwy R � N"; ME. cm Comr A Al'', UEM SyverH, lbdation L -4 < -4 4- V - s 'cl V•pa i4fl 4 Y R Rl- 5q,,thy Or )% tZ L� Roald klylv 10 1 r< y s xkA =j b, j b1hol 'N pr,., 4, MU " 1, WWI VL tt A6. ,#o 0 550 1-100. 850 , :2'. Fee@ .ul PL ANNMJC0,MM$$IQ:,1,, Applicant/Owner Cali& Denise Conley ... .. .. . ........ . .... ... KC#T,'ngb ,WI ZOiftl�,JMfxedi 1, Rwef. 4 46w. I mdii.o io Ruroi Country il-io Floihmcmdtti'y i4.aiA11. 20: Wry Lowa•� PiOftMhl. 2.5 Np to I dw2,S \00i; i" twm ycowry R••Idmi•1NDmt* d.- ISO L.- 01" R.11dMW (Up to 3 ddbc) D..Sq Roodla jf4 w 20 dufto vom"I PWAsiRust - i (rawl 2 totd.* C�A to NPto I d.FlOn FdWPJ ks- Mdal OrW MiXed UsoZonex% fthwtm-d q at Ptirpose Zenon' iui 11 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR USE PERMIT UP 06-08 & COR 06-02 (CAL CONLEY) 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR USE PERMIT UP 06-08 and MAP CORRECTION COR 06-02 (CAL CONLEY) 1.0 PROJECT INFORMATION A. Applicant/Owner: Denise and Cal Conley B. Engineer: None C. Staff Contact: Stacey Jolliffe, Principal Planner, (530) 538-6573, sjolliffe@buttecounty.net D. Project Name: None E. Project Location: On the east side of Miners Ranch Road, approximately 0.40 miles south of State Highway 162, east of Oroville (Section 18, T19N, R05E) & (39-39-53.73 N, 121-27-24.05 W); 6250 Miners Ranch Road F. Type of Application(s): Use Permit and Map Correction G. Assessor's Parcel Number(s): 072-070-021 H. Project Site Size: 10.31 Acres I. Current Zoning: MU -1 (Mixed Use 1) J. General Plan Designation: MU (Mixed Use) K. Environmental Setting: The 10.31 acre project site is developed with one dwelling and an approximately 4+ acre storage area for houseboats, pontoon boats and motor boats. A pasture area extends along Miners Ranch Road and is used for cattle grazing. The 1.5 acre area is considered a legal nonconforming use for storage as shown on the 1998 Aerial photograph attached. The property is located in a large lot rural residential/agricultural neighborhood. The project site fronts on Miners Ranch Road, a public arterial roadway. An adjacent boat storage facility is located directly next door and to the south of the subject property on a 5.25 acre parcel also zoned MU -1. This dwelling is also developed with a residence and boat storage facility and is not the subject of this use permit. The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 2%. Elevation of the project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to the northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel. A drainage ditch extends along the east property line, continues north to the property corner, then turns west and continues along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south. Landcover mapping for the Butte Regional Conservation Plan (BRCP) identifies the majority of the site as disturbed ground, with a band of mixed oak woodland identified on the west -central portion of the site and to the west of the site. Willow scrub is identified to the north, and emergent wetland is identified to the east of the project site. The property is zoned MU -1 (Mixed Use 1) and has a General Plan designation of MU (Mixed Use). The site is located in a primarily rural/agricultural setting, with nearby parcels ranging in size from 0.37 to 17.0 acres. Curb, gutter, and sidewalks are not installed along Miners Ranch Road. The existing residence is served by a private well and septic system. The MU -1 zone does not permit second dwelling units, and a note on the recorded final map also prohibits second units. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 1 of 39 ■ 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 LSI! • The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The property and general area is located within the State Responsibility Area (high fire hazard area). The site is located within the City of Oroville's Sphere of Influence and the Oroville Urban Area. The property is located within the Lake Oroville Area Public Utility District (LOAPUD) Sphere of Influence, but outside of the District. Bidwell Marina and the Loafer Creek boat ramp are both approximately 3 miles from the project site. The site is located approximately 0.40 miles south of Oro Quincy Highway. The project site is not located within an Airport Land Use Land Compatibility Zone. There are no public or private air strips within two miles of the property. An examination of properties within 1 mile of the project site finds that there are no lots that are either approved for subdivision, or in the process of being further subdivided. Surrounding Land Uses: The subject property is bounded on the east by two large parcels, one with extensive oak woodland and the other with an orchard. Smaller (.37 to 1.2 acres) rural residential parcels are on the west across Miners Ranch Road, with large rural residential parcels adjacent on the south. The property on the north is a large parcel zoned MUI (Mixed Use 1) as is most of the property to the northwest and northeast; the General Plan designation for these parcels Mixed Use. The site is located within the City of Oroville's Sphere of Influence and Urban Area designation. The adjoining General Plan Designation and Existing Land Uses are as follows: Direction General Plan Designation Zoning Existing Land Use(s) North Mixed Use MU 1 Rural residential South Mixed Use MU 1 Rural residential with legal non- conforming boat storage East Rural Residential RR -5 Rural residential, remnant orchard West Mixed Use MU 1 Rural residential M. Project Description: This IS/MND analyzes two applications. The first application is for a Use Permit to expand a legal nonconforming boat storage area from approximately 1.5 acres to the existing, approximately 4+ acre boat storage footprint currently existing on the site. Applicant Cal Conley has explained that he had understood the existing non -conforming status of the property enabled him to expand the business over time. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning of the property to (former) A -R Agriculture Residential when it was part of a larger storage area still adjoining a parcel to the south. The 1.5 acre portion of the storage area was subdivided with the 10 acre parcel when the parcel was created by Parcel Map on February 22, 1999. The 1.5 acre area has been in continuous use for houseboat storage since that time. Conley Boat Storage provides off -lake storage for houseboats, pontoon boats, and motorboats primarily from Lake Oroville. On a site visit July 23, 2013, the site contained 18 houseboats and pontoon boats, and 9 motorboats. The facility is generally open 7 am to 6 pm six days a week. Storage space is rented to boat owners who maintain their boats on-site and sometime stay in the boats when they visit overnight. Maintenance activities include sandblasting to remove barnacles and debris, and `roll-on' paint application. The owner estimates that each houseboat stored is sandblasted once, for a period of approximately two or three hours, each time it is stored, and that about two or three houseboats are sandblasted per month. The second application is for a Certificate of Correction to remove Mitigation Measure 3 on the Parcel Map recorded in Book 146, Pages 80-82 on February 22, 1999. Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designated as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. Mitigation Measure 3 is reflected on the additional map sheet to the recorded parcel map schematically and in Note 1 which states: "(s)tructures , dumping, fill material, and/or excavation shall not be allowed within the no development zone as depicted." The seasonal drainage swale was created by storm run off from the adjoining property on the east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the prior owner improved the drainage ditch and increased the ditch's ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 2 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & -' Map Correction COR 06-02 t capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located , on the adjoining property. The applicant is requesting that the "No Development' designation and map note be { eliminated from the recorded parcel map. t Public Agency Approvals: Butte County Public Works Department, Butte County. Fire Department/CDF, Butte 4 County Department of Development Services, California Department of Fish and Wildlife, Butte County Air Quality Management District. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 3 of 39 ■ • l Project Name: (Cal Conley) Use Permit UP 06.08 & Map Correction COR 06-02 [ ] I find that the proposed project COULD NOT have a.significant effect on the environment, and. a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be.a significant effect in this case because revisions have been. made by or agreed to by the project proponent. A. MITIGATED NEGATIVE DECLARATION will be prepared. [ J I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I .find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier -document pursuant to applicable legal standards, and 2) has been addressed by, mitigation measures based on- theearlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must, analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to. applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. f- �l 7 - Prepare Sta e, Principal Planner Da e sewed by: Char es Thistlethwaite, Planning Manager Date A) L/ 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A., Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduced to a "less than significant' level (CEQA Guidelines 15382). [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [X] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [X] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 m Page 4 of 39 ■ t Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Setting: The boat storage area is not visible from Miners Ranch Road. The on-site residence and high-quality landscaping front on Minor's Ranch Road, with the boat storage located behind the residence. The boat storage area is visible to the adjoining properties on the north and east. The boats, stored on blocks, have a height of as much as 15 to 20 feet. The project site is located on relatively flat land. The adjoining RR -5 zoned property on the east is elevated approximately 25 foot higher than the subject property, giving this adjacent property a westerly view of the storage area. Given the rural residential nature of the area, surrounding residences are located in the vicinity of the project. A few residences front Miner's Ranch Road, over 800 feet to the southwest of the boat storage area. Excluding the boat storage facility adjacent to the subject site, the closest residence is over 400 feet to northeast. Dust complaints associated with sandblasting have been received from this residence. The boat storage area is not a prominent view from adjacent properties. The trees and vegetation in the area also serve to soften views of the boat storage area. Outdoor lighting is minimal and located on a storage building and the residence. No additional lighting is proposed in conjunction with the boat storage. Impact Discussion: (a.) Because the facility is not visible from Miners Ranch road and the nearest off-site residence is located over 400 feet from the boat storage facility, views to the boat storage are tempered by distance and vegetation in the area. Less than significant impact. (b.) (c.) Based on aerial photos, topographic maps, site photos and staff site inspection, the project does not represent a "substantially damaged scenic resources" or a "substantially degraded the visual character." The project site is not located along a State or County scenic highway (Butte County Scenic Highway Map), and the storage area is largely screened from Miners Ranch Road, a publically-available viewshed. Less than significant impact. (d.) No lighting is proposed or required. However, the movement of large houseboats into and out of the property in the evening and nighttime hours would require lighting (and involve noise) that could be disturbing to nearby residents. Less than significant impact with mitigation measure #1 incorporated. Violations of this mitigation measure will be reviewed on a complaint basis. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 5 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & ' Map Correction COR 06-02 Mitigation Measure #1: Place a condition on the Use Permit that states: "There will be no evening or nighttime movement of houseboats within, into, r or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours. ` Plan Requirements: Houseboats may only be moved on, around or off—site, or maintained/serviced between the hours of 7l am and 7 pm. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations ofthe mitigation will be reviewed on a complaint basis. 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the X maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a _Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? Imaact Discussion: (a.) No significant impact is anticipated to agricultural resources as a result of this project due to the fact that the area is designated for urban growth and development (zoning is MU -1) and also due to poor soils on site. Additionally, the applicant continues to graze cattle to the extent permitted by soils on site No Impact (b.) The California Land Conservation Act (Williamson Act) was enacted to help preserve agricultural and open space lands via a contract between the property owner and the local jurisdiction. The nearest Williamson Act -contracted land is located approximately 2.5 miles to the southeast. This project would therefore have No Impact on the use of that land for farming. (c.) Adjacent parcels are within either Mixed Use or Rural Residential land use designations. Therefore there would be No Impact from this project that could result in conversion of Farmland to non-agricultural use. Mitigation Measure: None required 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X ■ Butte County Department of Development Services ■ m Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 6 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Setting: The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. High temperatures and low humidity, with prevailing winds from the south, characterize summer conditions. Occasional rainstorms, interspersed with stagnant and sometimes,foggy weather, characterize winter conditions. Southern winds continue to predominate during the winter. Two types of inversion occur in the NSVAB: 1) during the summer sinking air forms a lid over the region contributing to photochemical smog and 2) air cools next to the ground while air aloft remains warm causing poor dispersion of ground level pollutant emissions. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. The NSVAB is subject to federal, state, and local regulations. The NSVAB is designated nonattainment for PM10, (particulate matter less than 10 microns in diameter), PM2.5 (particulate matter less than 2.5 microns in diameter) and ozone (ROG and NOX), by the federal Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). The CARB prepares and submits to the EPA a State Implementation Plan explaining how the state will attain compliance with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Plan in 2004 as its component of the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called for the preparation and implementation of Indirect Source Review Guidelines (Guidelines). The intent of the Guidelines is to facilitate incorporation of features and mitigations early in the planning process, rather than later during the formal environmental review process when it may be too late or too expensive to incorporate the District's recommended mitigation measures. The BCAQMD also released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines § 15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 4.3-1, below, lists the thresholds of significant for critical pollutants of concern, and the environmental document type, as determined by the CEQA Air Quality Handbook provided by the BCAQMD. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 7 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Table 4.3-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx' <25 lbs/day >25 lbs/day >137 lbs/day ROG <25 lbs/day >25 lbs/day >137 lbs/day PM 1 o <80 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant impacts Potentially Significant Impacts Significant Impacts Environmental Document Mitigated Negative Declaration (MND) or ND Mitigated ND or EIR EIR o—cc: ■ auic c.i vi inc m nvivw • r,%zA wtr vuamy nana000K Abrasive Blasting Program There are two components to ARB's abrasive blasting program: • The registration of portable equipment used in the application of abrasives; and secondly • The certification of abrasive materials discussed below. California Code of Regulations, title 17, sections 92000 - 92530 stipulates indoor and outdoor abrasive blasting criteria and names ARB to certify permissible abrasives that meet performance standards for some outdoor applications. more The California Health and Safety Code authorizes the ARB to adopt air pollution standards for sandblasting operations. Title 17 California Code of Regulations sections 92000 - 92530 require that all abrasive blasting be conducted within a building with some specific exceptions. Exceptions allowing outdoor blasting exist when 1) steel or iron shot / grit is used exclusively, or 2) the blasting is conducted with ARB certified abrasive, wet, hydroblasting, or vacuum blasting techniques and the item blasted exceeds 8 feet in any dimension or is situated at its permanent location. The regulations apply a 20 percent opacity visible emission standard to all permissible outdoor blasting regardless of the abrasive or the blasting technique used. Under the regulations, the ARB is required to certify abrasives used for permissible dry outdoor blasting as complying with specific performance standards. The performance standards require that the abrasives shall not contain more than 1 percent by weight material passing a #70 U.S. standard sieve before blasting, and that after blasting the abrasives shall not contain more than 1.8 percent by weight material 5 microns or smaller. As an alternative to the before -blasting requirements, the abrasive shall not produce visible emissions more than 20 percent opacity when blasted in accordance with a specified test method. Compliance with these certification requirements helps to reduce fine particulate matter emitted to the atmosphere during permissible dry outdoor blasting. An abrasive which is sold by its producer or vendor during the certified period is certified for use until it is gone. It is not required that the abrasive be used only during the period it is certified. The Air Resources Board of the California Environmental Protection Agency (ARB) maintains a list of certified abrasives that may be used for sandblasting. Executive Order G-13-032 lists abrasives currently certified by the Air Resources Board in accordance with California Code of Regulations, title 17, section 92530. The certification of the abrasives listed on this Executive Order will expire in either 2013 or 2014, depending on when the abrasive was certified. New Executive Orders will be issued as appropriate. The. ARB website at http://www.arb.ca.gov/ba/certabr/certabr.htm provides a list of Executive Orders for the Abrasive Blating Program. Even after orders are superseded by more recent Executive Orders, the abrasives listed on them may be used up following purchase. An abrasive which is sold by its manufacturer or vendor during the certified period is certified for use until it is gone. It is not required that the abrasive be used only during the period it is certified. Advisory #164 addresses this issue. Clicking on the Executive Order number should provide you with a copy of that Order. If the referenced Executive Order is not available online, please contact Kathryn Gugeler at (916) 322-0221 to acquire a copy. Impact Discussion: The project is a Use Permit that proposes storage and maintenance of houseboats and similar equipment in an area covered by compacted soil. ■ Butte County Department of Development Services ■ m Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 8 of 39 ■ • Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 0 The use generates vehicle trips when houseboats are transported to and. from the site for storage, and by owners/others visiting their boats for maintenance. This results in a "Level A" threshold of significance. Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook. The mitigation measures listed in Section 5 are design standards for more urban residential developments, including street design, multi -modal transportation options, and building efficiency. This project is not at a density level to justify multi -modal transportation options. This project includes sandblasting of houseboats to remove debris and barnacles from the hulls. As noted above, sandblasting is allowed outdoors when the item being sandblasted is larger than 8 feet in any dimension, but approved abrasives must be utilized to minimize air quality impacts. (a.) Based on the information above, this project will not conflict with or obstruct any air quality plan. Less than significant impact. (b) (c) (d) Based on the information provided above, this project could result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation, if certified abrasives are not used or the project does not conform to other requirements of ARB's Abrasive Blasting Program. Mitigation Measure #2 below reiterates the ARB regulations already required of the project. There is also potential for activities such as the movement and storage activities of houseboats that may contribute to a violation of dust control standards on a short-term basis. Mitigation Measure #2 below also recommends dust control measures and will reduce potential impacts to a less than significant level. Less than significant with mitigation measure #2 incorporated. (e.) The proposed use permit would allow an increase in the area to be used for storage of houseboats and similar equipment. Odors may occur if repair and maintenance occurs. Uses permitted on site are discussed in section 4.10, Land Use, of this study. Sandblasting and painting, even when conducted consistent with applicable air quality standards, can result in odors which are noticeable beyond the project boundaries due to wind drift. However, compliance with a applicable regulations is considered adequate to reduce nuisance odors to Less than significant with mitigation #2 incorporated. Mitigation Measure # 2 (Dust Control, Sandblasting, Painting): Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not limited to the following: Control Dust a. During installing or movement of houseboats or other stored equipment, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During movement of houseboats or other equipment, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District (BCAQMD) or Department of Development Services in order to control dust. Sandblasting, Painting Only as Permitted e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable regulations of the BCAQMD. Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 9 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 4.4 BIOLOGICAL RESOURCES: Would the proposal: p Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Setting: The site is relatively level, with an average slope from northeast to southwest, of approximately I to 2%. Elevation of the project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to the northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 10 of 39 ■ 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 A drainage ditch extends along the east property line, continues north to the property corner, then turns west and continues along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south. Landcover mapping for the Butte Regional Conservation Plan (BRCP) identifies the majority of the site as disturbed ground, with a band of mixed oak woodland identified on the west -central portion of the site and to the west of the site. Willow scrub is identified to the north, and emergent wetland is identified to the east of the project site. Impact Discussion: The project site is within a low-density urban and suburban residential area of privately -owned land in the foothill area east of Oroville, California. The area of the parcel proposed for use as storage for houseboats has no biological growth other than annual grasses. The project property has been previously disturbed by installation of a gravel and dirt parking area and lawn. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies., or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. (a) (b) (c) Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates" for such listing; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefind 5, Government Version) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species occurring on the `disturbed ground' type land cover identified for the project site. Numerous occurrences of special status species could be associated with adjacent habitat types including mixed oak woodland, willow scrub and emergent wetlands, but the project will have no direct impact on these habitat types. Effectively, the project could have no indirect impact on adjacent habitats either, if existing site conditions are proven to provide a permanent solution to drainage. If, however, a permanent solution to drainage requires additional earthwork/ construction on site, the project could have an adverse effect on riparian habitat or have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The subject parcel contains a pond and is surrounded by three waterways: Honcut Creek to the west, the Bangor canal to the northeast, and Hawk Ravine to the south. The Certificate of Correction addresses the reconfiguration of drainage for the subject property into the surrounding drainage system. This could involve riparian vegetation and other resources requiring the issuance of a 1602 permit. Earthwork/construction necessary to provide a permanent solution to drainage would be limited in scope and temporary in nature, mitigation for appropriate permits from the CA Department of Fish and Wildlife will ensure impacts are reduced. Mitigation Measure #3 requires a Lake and Streambed Alteration Permit, aka 1602 permit, prior to activities affecting the bed, bank, or channel of any drainage/watercourse on site. Less than Significant with Mitigation Incorporated. Collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). (d) The project site is located in a rural residential area surrounded by creeks and drainages. Adequate area exists on and surrounding the project site for the migration and movement of wildlife. Less than Significant Impact. (e.) This project would not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. No polices or ordinances have been adopted that impact this site. However, there are oak trees present at the site, but not within the proposed storage area. To insure protection of the existing trees, Mitigation Measure #4 below is incorporated. The applicant has no intention of encroaching into the drip line of the Oak trees. The enforcement of this mitigation measure only come in to play when and if storage of boats or equipment is placed within the drip line. Less than Significant with Mitigation Incorporated. (f.) Preparation of the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of the Cities of Biggs, Chico, Gridley, Oroville, and the County of Butte. The HCPNCCP will provide opportunities for comprehensive species, wetlands and ecosystem conservation and contribute to the recovery of endangered species within the plan area, while also ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 11 of 39 ■ C� Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 providing a more streamlined process for environmental permitting. As of the writing of this initial study, a Draft of the HCP/NCCP has not yet been released. The preparation and approval of the HCP/NCCP is expected to be completed in mid - 2010, depending upon the issues that will be addressed and the duration of the State/Federal approval process. Until a draft document is released, the proposed HCP/NCCP cannot be analyzed for consistency. The proposal would not conflict with the provisions of an adopted HCP/NCCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan, as there are no adopted plans affecting the project site. No impact. (g.)(h.)(i.)O.)(k.) This project would not reduce, the numbers, restrict the range, or have an impact to critical habitat of any unique, rare, threatened, or endangered species of animals. See section (a.), above. Less than significant impact. Mitigation Measure #3 (1602 Streambed Alteration Permit): Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602 permit, for any planned activities affecting the bed, bank, or channel of any drainage/watercourse on site, or if needed due to past work in the bed, bank or channel. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of any waterway shall be permitted until the 1602 permit is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the Use Permit UP 06-08. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the permit is obtain prior to recordation of the certificate of correction. Mitigation Measure #4 (Oak Woodland Resources): .Place a condition on the Use Permit that states: "Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County., Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 12 of 39 ■ 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee." Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of X a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: The project consists of the storage of houseboats and similar equipment above ground. No disturbance of the land surface is proposed. Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. The Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) was contacted to provide comment on this proposal. The NEIC did not find any records identifying prehistoric or historic resources in the project area. The NEIC considers the project area to be "moderately sensitive" .for prehistoric and historic resources. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. Often, cultural, prehistoric and historic resource sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water or along water courses. The project site does not contain any of these features that might indicate that the parcel may be unique as a potential repository for cultural or prehistoric resources. There are no reported or recorded cultural or prehistoric resources on this parcel or adjacent land which would suggest the likely presence of such resources on this site. (a.)(b.)(c.)(d.) Long-term use of the project site for agriculture and rural -residential uses has likely resulted in the destruction of any prehistoric cultural resources that may have been on the site. Future grading and other soil disturbance activities on the project site, although not anticipated with the proposed use, may occur and have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure #5, below, is recommended. Less than significant with mitigation incorporated. Mitieation Measure # 5: ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 13 of 39 ■ 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Place a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate data recovery procedures if necessary. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the burial consists of prehistoric human remains, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: Any person performing ground -disturbing work shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Setting: No additional development is proposed with the issuance of the use permit; the proposal would permit the existing boat storage land use on the subject site. Impact Discussion: ` (a.)(1.) The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The only known active fault in Butte County is the Cleveland Hill fault, located one-third of ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 14 of 39 ■ r 1 • Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 0 ' a mile south of the project site, where activity on August 1, 1975, resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. The project site itself, however, is not within the identified Alquist-Priolo Earthquake Fault Zone or an aftershock zone. Less than significant impact. (a.)(2.)(3.)(4.) Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, roadways, and other improvements would be designed and installed in accordance with California Building Code (CBC) requirements. Future structures on the project site would be designed and installed in accordance with CBC standards for the appropriate Seismic Hazard Zone. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally moderate potential for liquefaction. No additional development is proposed with the issuance of the use permit; the proposal would permit the existing boat storage land use on the subject site. Future construction activities would be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. The project does not include new construction that would move soil, except possibly drainage improvements, which are expected to be below one acre in scope. Less than significant impact. (b.) Butte County GIS Erosion Theme characterizes the site area as having a "High" potential for soil erosion. No additional development is proposed with the issuance of the use permit; the proposal would permit the existing boat storage land use on the subject site. The Mitigation Measure in Section 4.3 (Air Quality) of this document will reduce impacts to the potential for loss of top soil by controlling dust through requirements to water the site if soils are disturbed during the transport of houseboats and other vehicles on and off the project site. Less than significant impact. (c.) The Subsidence and Landslide Potential Map (Safety Element, Figure S-1) indicates that the property is not located within an area of potential subsidence. Subsidence is a problem in some areas of the Central Valley due to heavy groundwater withdrawals for irrigation, there have not been any. documented incidents that indicate a specific_ subsidence problem in Butte County. Less than significant impact. (d.) The Soil Survey of Butte Area, Parts of Butte and Plumas Counties (NRSC, 2006) characterizes the expansiveness of the soil at the site as moderate. The Building Division may require that the foundations of future dwellings on the site be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. Less than significant impact. ' (e.) No sewage disposal or well water for the storage of houseboats is required or anticipated. The applicant and operator of the boat storage facility lives on site. Less than significant impact Mitigation Measure: 4.7 GREENHOUSE GAS EMISSIONS: ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 15 of 39 ■ , Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significan Impac Under Impact with t Impact t Previous Mitigation Documen Incorporated t a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the X environment? ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 15 of 39 ■ , Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Setting The earth's atmosphere naturally contains a number of gases, including (but not limited to) carbon dioxide (CO2), methane (CH4), and nitrous oxide (N20), which are collectively referred to as greenhouse gases (GHGs). GHG emissions are generally numerically depicted (when applicable) as carbon dioxide equivalents (CO2e). CO2e represents CO2 plus the additional warming potential from CH4 and N20. The common unit of measurement for carbon dioxide equivalents is in metric tons (MTCO2e). These gases trap some amount of solar radiation and the earth's own radiation, preventing it from passing through earth's atmosphere and into space. GHG are vital to life on earth; without them, earth would be an icy planet. For example, CO2 is an element that is essential to the cycle of life. In general, CH4 and N20 have 21. and 310 times the warming potential of CO2, respectively. Human -made emissions of GHG occur through the combustion of fuels, as well as a variety of other sources. Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase, weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and duration of spring snowmelt. Climate zones may change, affecting the ecology and biological resources of a region. There may also be changes in fire hazards due to the changes in precipitation and climate zones. While scientists have established a connection between increasing GHG concentrations and increasing average temperatures, important scientific questions remain about how much warming would occur, how fast it would occur, and how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the degree to which human activity impacts climate change. The phenomenon is worldwide, yet it is expected that there would be substantial regional and local variability in climate changes: It is not possible with today's science to determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change may be counteracted by another aspect of climate change, or exacerbated by it. A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of GHG emissions are agriculture (430/o), transportation (290/6), and residential energy (17%). A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission reduction measures would be implemented with project approval. Impact Discussion: Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 (h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative effect may be found `not cumulatively considerable' if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has adopted a Climate action Plan (CAP) for the reduction of greenhouse gases. The CAP provides measures that achieve a 15% reduction below 2006 emissions levels by 2020. Since the project does not require General Plan or Specific Plan amendments, GHG emissions from the project ■ Butte County Department.of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 16 of 39 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Signitican Impac Under Impact with t Impact t Previous Mitigation Documen Incorporated It b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the X emissions of greenhouse gases? Setting The earth's atmosphere naturally contains a number of gases, including (but not limited to) carbon dioxide (CO2), methane (CH4), and nitrous oxide (N20), which are collectively referred to as greenhouse gases (GHGs). GHG emissions are generally numerically depicted (when applicable) as carbon dioxide equivalents (CO2e). CO2e represents CO2 plus the additional warming potential from CH4 and N20. The common unit of measurement for carbon dioxide equivalents is in metric tons (MTCO2e). These gases trap some amount of solar radiation and the earth's own radiation, preventing it from passing through earth's atmosphere and into space. GHG are vital to life on earth; without them, earth would be an icy planet. For example, CO2 is an element that is essential to the cycle of life. In general, CH4 and N20 have 21. and 310 times the warming potential of CO2, respectively. Human -made emissions of GHG occur through the combustion of fuels, as well as a variety of other sources. Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase, weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and duration of spring snowmelt. Climate zones may change, affecting the ecology and biological resources of a region. There may also be changes in fire hazards due to the changes in precipitation and climate zones. While scientists have established a connection between increasing GHG concentrations and increasing average temperatures, important scientific questions remain about how much warming would occur, how fast it would occur, and how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the degree to which human activity impacts climate change. The phenomenon is worldwide, yet it is expected that there would be substantial regional and local variability in climate changes: It is not possible with today's science to determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change may be counteracted by another aspect of climate change, or exacerbated by it. A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of GHG emissions are agriculture (430/o), transportation (290/6), and residential energy (17%). A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission reduction measures would be implemented with project approval. Impact Discussion: Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 (h)(3)of the CEQA Guidelines specifies that a project's contribution to a cumulative effect may be found `not cumulatively considerable' if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has adopted a Climate action Plan (CAP) for the reduction of greenhouse gases. The CAP provides measures that achieve a 15% reduction below 2006 emissions levels by 2020. Since the project does not require General Plan or Specific Plan amendments, GHG emissions from the project ■ Butte County Department.of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 16 of 39 ■ 0 LJ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 may be consistent with the CAP by demonstrating consistency with the CAP policies in the CAP checklist, attached- as an appendix to this study. a=b. The project relies upon the CAP's environmental findings for the purposes of GHG emissions and climate change, rather than identifying separate project -level emissions. The proposed project would result in no new land uses as compared to current conditions. For the purpose of assessing GHG emissions for CAP consistency, the boat storage use that is the subject of the Use Permit was evaluated. Because no new construction is proposed with the boat storage use, CAP requirements were not applicable. It is noteworthy, however, that the applicants have granted an access easement through their property to an adjacent solar facility, effectively making solar more readily available to the site. The proposed certificate of correction would not generate any changes to land uses on site. 4.8 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: [� p Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? It. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with willdlands? Impact Discussion: (a.)(b.)(c.) In many cases, the storage of houseboats includes maintenance activities such as sand blasting, painting, welding, and general repair. These activities can create a significant hazard to the public or the environmental through the routine transport, use, or disposal of hazardous materials. Maintenance activities associated with the storage of houseboats at the site could involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. Although potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations, the use of these materials ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 17 of 39 ■ C1 Project Name: (Cal Conley) Use Permit UP 06-08'& Map Correction COR 06-02 . r in an out door environment can present a hazard. It is anticipated that quantities of hazardous materials would be either permanently stored or periodically used within the project site. t ,Similarly, the project could emit hazardous emissions or spill hazardous materials. Significant quantities of publicly.; available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for houseboat maintenance, repair, and cleaning. Taking in to account the size of houseboats already stored on the property, these materials could be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a`substantial. ' risk to human or environmental health. Therefore, implementation of the proposed mitigation measure is recommended to ' avoid a significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. (d.) The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. -A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962. No impact (e.)(f.) There is no public airport, public use airport, or airport land use plan within two miles of the project site. No impact. (g.) This proposal would not interfere with any emergency response or emergency evacuation plans. No plans exist at the project site or in the vicinity. No impact. (h.) The project is located within a State Responsibility Area (SRA) for wildland fires. The project site is at risk of wildfires, because of the rural nature of the project area. The nearest staffed fire station is CDF\Butte County Station #64, at 22 Walnut Ave., located approximately 2.3 miles northwest of the project site in the Community of Kelly Ridge. CDF\Butte County reviewed the project and requested that street address be required. Less than significant impact with Mitigation Measure Mitigation Measure #6: Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property. All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's instructions." Plan Requirements: The note shall be made a condition of the Use Permit. ti Timing: Requirements of the condition shall- be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. 4.9 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 18 of 39 ■ 0 I Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X • preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 18 of 39 ■ 0 I 0 Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Setting: The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 2%. Elevation of the " project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel. A seasonal drainage swale formerly bisected the property; it was created by storm runoff from the adjoining property to the east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has modified/improved the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. A drainage ditch now extends along the east property line, continues north to the property corner, then turns west and continues along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south. Impact Discussion: The project includes an application for a Certificate of Correction to modify Mitigation Measure 3 of the Parcel Map recorded at Book 146, Pages 80-82 on February 22, 1999 (see attached map). Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has improved/modified the drainage ditch which has increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" designation be eliminated be removed`from recorded parcel map. (a.)(b.) The Use Permit is for the expansion of a boat storage area. Restrooms and water at the on-site residence serve needs for septic system and potable water. No impact ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 19 of 39 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? f. Otherwise substantially degrade water quality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? It. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Setting: The site is relatively level, with an average slope from northeast to southwest, of approximately 1 to 2%. Elevation of the " project site is approximately 825 feet above sea level. The project site has several oak trees concentrated around the existing dwelling, and a pond. Several creeks are located in the vicinity of the project parcel: Honcut Creek Ravine is located about 200 feet to the west across Miner's Ranch Road, the Bangor Canal is located as close as 600 feet to northeast, and Hawk Ravine is located about 300 feet to the south of the subject parcel. A seasonal drainage swale formerly bisected the property; it was created by storm runoff from the adjoining property to the east overflowing the drainage ditch established along the east and north sides of the property. Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has modified/improved the drainage ditch and increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. A drainage ditch now extends along the east property line, continues north to the property corner, then turns west and continues along the north property line. This improved/modified drainage ditch intercepts surface runoff from adjoining properties and carries it under Miners Ranch Road by pipe into a drainage ditch which empties into Hawk Ravine to the south. Impact Discussion: The project includes an application for a Certificate of Correction to modify Mitigation Measure 3 of the Parcel Map recorded at Book 146, Pages 80-82 on February 22, 1999 (see attached map). Mitigation Measure 3 requires that an area be delineated as a 50' setback on both sides of a seasonal drainage swale that bisected the property, and designate it as a No Development zone. An additional 50' was added as a Leachfield Free Zone for a total of 100 feet. Subsequent to the creation of the subject 10 -acre parcel, and purchase by the applicant, the applicant has improved/modified the drainage ditch which has increased the ditch's capacity to accommodate storm runoff. A portion of the seasonal runoff is also piped to a pre-existing pond located on the adjoining property. The applicant is requesting that the "No Development" designation be eliminated be removed`from recorded parcel map. (a.)(b.) The Use Permit is for the expansion of a boat storage area. Restrooms and water at the on-site residence serve needs for septic system and potable water. No impact ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 19 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 (c)(d)(e) The drainage Swale that was the subject of Mitigation Measure #3 of the approved Parcel Map no longer exists. The drainage swale was created by overflow of a drainage ditch along the east property line that did not function properly, according to the applicant. The drainage ditch was improved/modified such that off-site storm runoff is captured by the ditch and no longer traverses the property in the former drainage swale. Since the drainage no longer exists, the map note establishing a no development zone around the former location of the drainage swale is no longer necessary. The more important question may be what is now required from a regulatory perspective, given the new location of drainage? The answer to this question lies in a permanent solution to drainage which has not yet been designed for this project. The use permit and map correction applications have been `incomplete' for drainage since submittal in 2006. The uncertainty of obtaining the use permit coupled with the cost of the drainage studies made paying for the necessary drainage studies infeasible to the applicant, and he continued operating the boat storage facility without benefit of permit. The California Department of Fish and Wildlife does not have record of any 1602 permitting activities for the subject property, and did not initiate enforcement activities for previous work. Any future work within the bed, bank or channel, however, will require the issuance of a 1602 permit. In order to get by this impasse and bring the drainage into compliance with current regulations, staff is proposing Mitigation Measure 7 which would give the applicant one year to complete the drainage studies needed to provide a county -approved permanent solution to drainage. A second year would allow any necessary grading work and improvements, consistent with approved plans for the permanent solution for drainage, and to record the certificate of correction. The map correction cannot be acted upon until a permanent solution to drainage is approved, and the use permit condition of approval provides two years for the applicant to comply with these requirements. Less than Significant with Mitigation Measure 7. (f.) No new impervious surfaces are proposed with the project. Project construction activities are subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. Also, if work would be within or affect the bed bank or channel of a lake, stream or ephemeral drainage, the 1602 permitting process by CDFW would provide additional protections to riparian areas which would also serve to protect water quality. No other issues or site conditions have been identified that would otherwise substantially degrade water quality. Less than significant impact. (g.) (h.) The project site is located in Flood Zone "X", based on Federal Emergency Management Agency (FEMA) Flood. Insurance Rate Maps (FIRM) 06007C 1025 D, and dated April 20, 2000. Flood Zone "X" is defined as "Areas determined to be outside 500 -year floodplain." No impact (i) The site is not in any Dam Inundation Area, as determined by the California State Office of Emergency Services. Oroville Dam inundation map. No impact. 6) The property is not located in an area prone to mudflow, seiche, or tsunami. The property is not located in'an area prone to mudflow. No impact would occur with respect to this natural hazard. No impact. Mitigation Measure # 7: Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility." Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within two years of the issuance of UP06-08. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. ■ Butte County Department of Development Services ■ ■ Initial Study —'Cal Conley UP 06-08 & COR 06-02 ■ Page 20 of 39 ■ 0) Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 4.10 LAND USE: Would the Potentially Less Than Less Than No Reviewed proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural communityconservation plan? X The property is zoned MU -1 (Mixed Use 1) and has a General Plan designation of MU (Mixed Use). The properties adjoining on the north, south and west are zoned MU -1 (Mixed Use 1) and have a General Plan designation of MU (Mixed Use). The adjoining property on the east is zoned R -R (Rural Residential) with a RR (Rural Residential) General Plan Designation. The existing boat storage use (on 1.5 acres) is an existing non -conforming use. The project consists of expanding the non -conforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre parcel. There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the south. The 1.5 acre portion of the storage area became part of the subject 10 acre parcel when the parcel was created by Parcel Map on February 22, 1999. The A -R zone did not allow houseboat storage, but the use continued as a legal non- conforming use. The 1.5 acre area has been in continuous use for houseboat storage. On October 26, 2010, the Butte County Board of Supervisors (Board) adopted a comprehensive update to the County's General Plan and Land Use Map, which designated the .property MU Mixed Use. On November 6, 2012 the Board adopted a new Zoning Ordinance (Butte County Code Chapter 24.) and Zoning Map, which zoned the property MU -1 (Mixed Use 1). The Mixed Use zone does not allow commercial recreational vehicle storage, but contains provisions for the continuation of legal non -conforming uses in Butte County Code Chapter 24, Article 22 Nonconforming Uses and Structures, BCC 24-119 et seq. 24-122 D Intensification of Use reads 1. The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of a Minor Use Permit. 2. To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall make all findings in Section 24-125 (Findings). 24-125 Findings reads: The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Article 31 (Conditional Use and Minor Use Permits): A. Available evidence indicates that the nonconforming use or structure was legally established. B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. C. The nonconforming use or structure is compatible with the general character of the surrounding area. D. The proposed action is consistent with the purpose and intent of the applicable zone. Impact Discussion: ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 21 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 (a.) The project is located within the City of Oroville's Sphere of Influence and is within the Oroville Urban Area. A request for comments concerning this project was sent to the City of Oroville. No comments were received. The repair and maintenance of the houseboats are not located within a highly populated area that would potentially divide the community. Less than significant impact (b) The project consists of a Use Permit to expand a legal nonconforming use. The expansion. area will extend along the common eastern property line with the adjoining R -R (Rural Residential) zoned property. The trees and vegetation in the area serve to soften views of the boat storage area. Mitigation Measures recommended by this study include prohibiting the use or storage of hazardous materials on site and requiring other materials used on site to adhere to manufacturer's instructions. Sandblasting must meet the requirements of the Butte County Air Quality Management District. Compliance with applicable regulations, and the ability to make findings needed to approve the project, will reduce land use incompatibilities in this rural area to Less than Significant with Mitigation Measure #2 (c.) The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the propose_ d project. No Impact. Mitieation Measure: None 4.11 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X -X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X X Ian, specific plan, or other land use plan? Impact Discussion: (a.) (b.)No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. No Impact MitiF_ation Measure: None required. 4.12 NOISE: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 22 of 39 ■ 0. Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Setting: The project site is located in an area of rural residences and vacant land. Noise levels on the site primarily originate from vehicles on Miners Ranch Road. The Butte County General Plan Health and Safety Element provides policy in determining acceptable noise levels. Health and Safety Element Table HS -2, specifies Maximum Noise Levels for Transportation Noise Sources. For residential uses, the exterior noise level standard for outdoor activities areas is 60 Ldn/CNEL, or 65 Ldn/CNEL under limited circumstances. The interior noise level standard for residential uses from transportation Noise is 45 Ldn/CNEL. Health and Safety Element Table HS -3 specifies Maximum Noise Levels for Non -Transportation Noise Sources for urban and non -urban areas. Table HS -3 is reiterated in the County's Noise regulations for exterior noise found in Butte County Code Chapter 41A, the County's Noise Control Ordinance. Generally speaking, for non -urban areas, like the project site, maximum noise levels are 60 dB during daytime hours, 55 dB during evening hours, and 50 dB during nighttime hours. General Plan Policy HS-P1.7specifies that "(a)pplicants for discretionary permits shall be required to limit noise -generating construction activities located within 1,000 feet of residential uses to daytime hours between 7:00 am and 6:00 pm on weekdays and non -holidays. Butte County Code, Chapter 4 1 A Noise Control Ordinance, implements General Plan policy. Construction activities are exempted from the Noise Control Ordinance, per BCC §41A-9, as follows: Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours: • Sunset to sunrise on weekdays and non -holidays; • Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays; • Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and, • Sunday after the hour of 6:00 p.m. Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner; ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 23 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by, a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man- made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings and residents that are adjacent to the project site. (a.) (b.) (c.) (d.) The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of the project site. No construction is proposed with the use permit or certificate of correction. Activities (repair of houseboats) associated with this project could create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would not be compatible with the existing noise environment at night which is expected to be low in this rural area. Mitigation #1 from the Aesthetic Section 4.1 of this study prohibits the movement of houseboats within, into of off of the property during evening or nighttime hours. It also prohibits the maintenance of boats requiring lighting during evening and nighttime hours. Mitigation Measure #1 is reiterated below, and it will result in Less than Significant Impacts with Mitigation. (e.)(f.) The project is not within a designated airport land use compatibility plan or near a private airstrip. No Impact. Mitigation Measure #1 (Repeated from Section 4.1) Place a condition on the Use Permit that states: "There will be no evening or nighttime movement of houseboats within, into, or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours. Plan Requirements: Houseboats may only be moved on, around or off—site, or maintained/serviced between the hours of 7 am and 7 pm.. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 24 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map.Correction COR 06-02 - t R `R 4.13 HOUSING: R . Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? X X Impact Discussion: Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is ' supported by the fact that population increase has been steady for the last ten years, with an annual average increase of 1,770 people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county. (a.) (b.) (c.) The proposed Use Permit is to expand a legal nonconforming houseboat storage area. No new dwellings are proposed. No housing will be displaced. No people with be displaced. No Impact ' Mitigation Measure: None required. 4.14 PUBLIC SERVICES: Would the Potentially Less Than - Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X 11 f. Other public services? X Impact Discussion: The project consists of expanding a legal nonconforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre' parcel There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the . s. ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 25 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & , Map Correction COR 06-02 south. The 1.5 acre portion of the storage area became part of the subject 10 acre parcel when the parcel was created by- Parcel Map on February 22, 1999. The 1.5 acre area has been in continuous use for houseboat storage. (a.) The expansion of the houseboat storage area will not increase the need for new government facilities. No Impact (b.) (c.) (d.) (e.) (f.) The addition of houseboat storage area will not increase the demand for additional fire, police, and school or park services. Less Than Significant Impact Mitigation Measure: None required. 4.15 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse ph sical effect on the environment? X Impact Discussion: The project consists of expanding a legal nonconforming use (boat storage) from 1.5 acres to 3.25 acres on the 10 acre parcel. There is a single family dwelling on the property occupied by the applicant. The 1.5 acre boat storage use was established prior to the February 28, 1984 rezoning the property to A -R when it was part of a larger storage area still adjoining on the south. The 1.5 acre portion of the storage area became part of the subject 10 acre parcel when the parcel was created by Parcel Map on February 22, 1999. The 1.5 acre area has been in continuous use for houseboat storage. (a.) (b.) The expansion of the houseboat storage area will not increase the need for regional parks. The storage of boats on the property is a response to the demand for houseboat use of Lake Oroville. Government and private management of access to the Lake determines the upper limits of this use. Less Than Significant Impact Mitigation Measure: None required. 4.16 TRANSPORTATION/TRAFFIC: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 26 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses e.., farm equipment)? e. Result in safety issues for pedestrian and/or vehicle safety? X L Result in inadequate emergency access? X g. Result in inadequate parking capacity? X h. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The quality of traffic flow is defined by level of service (LOS). Levels of services are qualitative descriptions of traffic operating conditions. These levels of services are designated with letters ranging from LOS A, which is indicative of good operating conditions with little or no delay, to LOS F, which is indicative of stop -and -go conditions with frequent and lengthy delay. (a.) (b.) Staff reviewed traffic studies prepared by both the Butte County Department of Public Works and the Butte County Association of Governments (BCAG). In July 2007, Butte County Department of Public Works performed a traffic count for Miners Ranch Road, just south of Oro Quincy Highway and north of the project site. The traffic count determined an average daily trip count of 2,825 at this location. Minors Ranch Road is classified as a major road. The Butte County General Plan sets the capacity of a major road at 9,500 trips per day. The existing boat storage consists of 8 to 10 houseboats depending on the season. The total area for boat storage, including the expansion area, can house up to 25 boats. The transportation of houseboats to Bidwell Marina, or the Loafer Creek boat ramp, both approximately 3 miles from the project site, is periodic in nature. The traffic impact of an additional 10 to 15 periodic transportation of houseboats is not measureable, but well within the trip count difference between the existing trips and the maximum trips for Miners Ranch Road. Less Than Significant Impact (c.) The site is not within any Airport Land Use Compatibility Zone. The project site would be developed with boat storage, which typically would not exceed 30 feet in height. No Impact. (d.) The project could cause a minor increase in vehicle traffic at the intersection of Oro Quincy Highway (SR -162) and Miners Ranch Road. Comments on this proposed project were requested from Caltrans, which responded with "no comment'. The project is not expected to have a significant impact to vehicle circulation on SR -162 because of the periodic and limited amount of vehicle traffic that would be generated by the project. Less Than Significant Impact (e.) (f.) (g.) (h.). Only 3.5 acres of the 10 acre property will be used for boat storage. The expansion of the boat storage area will not affect emergency access, parking capacity, or conflict with alternative transportation policies. No Impact. Mitigation Measure: None required 4.17 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 27 of 39 ■. �4' •tom I , - • • ... - Project Name: (Cal Conley) Use Permit UP 06-08 & ' Map Correction COR 06-02 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or ' wastewater treatment facilities or expansion of existing -X facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: ' '(a.) (b.) (c.) (d.) (e.) The project consists of the storage of houseboats and similar equipment. There will be no new demand for wastewater, new water, new storm water, demand on water supplies, or use capacity of existing treatment facilities. Less Than Significant Impact (f.) (g.) The project is the storage of houseboats and similar equipment. This storage activity will not produce solid waste.. No Impact Mitigation Measure: None required 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would thero osal: , p p Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to ' drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict X the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 28 of 39 ■ 0 Project Namc: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 • Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current pro ects and the effects ofprobable futureprojects)? c,. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 — Aesthetics; 4.3 — Air Quality; 4.5 — Cultural Resources; 4.6 — Geologic Processes; 4.7 - Hazards/Hazardous Material; 4.8 — Hydrology; Water Quality; and 4.9 — Land Use. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures 1 and 7 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. CUMULATIVE IMPACT ANALYSIS An examination of properties within 2.5 miles of the project site finds that there are no lots or use permits that are either approved for subdivision or development, or in the process of being further subdivided or developed. The addition of houseboat storage is not reasonably measurable for cumulative impact analysis. Aesthetics (Section 4.1) Mitigation Measure #1 prohibits all movement of houseboats, repair or painting activities between the hours of 7:00 pm and 7:00am. Air Quality (Section 4.3) Mitigation Measure #2 requires dust control measures and that sandblasting activities be consistent with the regulations of the Butte County Air Quality Management District Biological Resources (Section 4.4) Mitigation measures are recommended to protect existing oak trees by restricting storage within the drip line and by requiring that the applicant obtain a 1602 Lake and Streambed Alteration Permit for any work in a bed, bank, or stream of a lake or stream. Cultural Resources (Section 4.5) A condition will be placed on the Use Permit that requires the applicant to cease activities if cultural resources are discovered. Hazards/Hazardous Material (Section 4.7) Mitigation Measure #6 prohibits the use of hazardous materials on site and requires that all other materials be used according to manufacturer's instructions. Hydrology (Section 4.8) Mitigation Measure #7 requires that a hydrology analysis be conducted to determine how drainage waters are either detained on the property or conveyed to the nearest natural drainage channel. Noise (Section 4.11) ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 29 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 The Mitigation Measure #1 prohibits the movement of houseboats, repair or painting activities between the hours of 7:00 pm and 7:00am. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1 (Hours of Operation): Place a condition on the Use Permit that states: "There will be no evening or nighttime movement of houseboats within, into, or off of, the property. Maintenance of boats requiring lighting (e.g. sandblasting and painting) shall not occur during evening and nighttime hours. Plan Requirements: Houseboats may only be moved on, around or off—site, or maintained/serviced between the hours of 7 am and 7 pm. Timing: Requirements of the condition shall be. adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. Mitigation Measure # 2 (Dust Control, Sandblasting, Painting): Place a condition on the Use Permit that requiring compliance with applicable air quality regulations, inclusive of but not limited to the following: Control Dust a. During installing or movement of houseboats or other stored equipment, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During movement of houseboats or other equipment, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. d. Other measures may be required as determined appropriate by the Butte County Air Quality Management District (BCAQMD) or Department of Development Services in order to control dust. Sandblasting, Painting Only as Permitted e. No sandblasting or painting of boats or other equipment is to take place unless activities are consistent with applicable regulations of the BCAQMD. Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. Mitigation Measure #3 (1602 Streambed Alteration Permit): Following approval by the Department of Public Works, Land Development, of a permanent solution for drainage, applicant shall apply to and obtain from the California Department of Fish and Wildlife a Lake and Streambed Alteration Permit, aka 1602 ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 30 of 39 ■ • Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 E permit, for any planned activities affecting the bed, bank, or channel of any drainage/watercourse on site, or if needed due to past work in the bed bank or channel. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork affecting the bed, bank, or stream of any waterway shall be permitted until the 1602 permit is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or recordation of the certificate of correction. In any case, any necessary 1602 permit shall be obtained within two years of the issuance of the use permit UP 06-08. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the permit is obtain prior to recordation of the certificate of correction. Mitigation Measure #4 (Oak Woodland Resources): Place a condition on the Use Permit that states: "Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee." Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure # 5: (Cultural Resources) ■ Butte County Department of Development Services ■ in Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 31 of 39 ■ • Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 E Place a condition on the Use Permit that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resources and implement appropriate data recovery procedures if necessary. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that the burial consists of prehistoric human remains, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: Any person performing ground -disturbing work shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the contractor and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure #6 (No Hazardous Materials): Place a condition on the Use Permit that states: "No materials classed as `hazardous' shall be stored or used on the property. All (other) materials for the cleaning and maintenance of boats, must be stored and used in compliance with manufacturer's instructions." Plan Requirements: The note shall be made a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the use of the parcel. Monitoring: The Department of Development Services shall ensure that the condition is placed as a condition of the Use Permit. Violations of the mitigation will be reviewed on a complaint basis. Mitigation Measure # 7: Place a condition on the Use Permit that states: "Within one year from the approval of Use Permit UP 06-08, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility." Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to construction of the improvement plans, but not less than one year from approval of UP06-08. The required drainage improvements, if any are required, shall be constructed or bonded within two years of the issuance of UP06-08. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. CA: CH2M Hill, 1977. 2. Butte County Planning Department. CH2M Hill, 1977. 3. Butte County Planning Department. CH2M Hill, 1977. 4. Butte County Planning Department. 1977. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element. Oroville, Liquefaction Potential Map 11-2. Seismic Safety Element. Oroville, CA: Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977 ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 32 of 39 ■ Project Name: (Cal Conley) Use Permit UP 06-08 & Map Correction COR 06-02 U 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH21V1 Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989 and 2000. 12. USGS Quad Maps. 13. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 14., Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. NRCS Soil Survey of Butte County (2006) 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map, and the Butte County Fire Department and California Department of Forestry, 1989 17. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan -02-2008. 18. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt -Moen 19. 1979 Thermalito Drainage Study, Butte County Planning Department 20. Cumulative traffic analysis prepared by RKH Engineering May 30, 2007 on behalf of the Diamond Oaks Subdivision 21. Thermalito Water and Sewer District standards. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [ ] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [X] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol . [ ] Army Corps of Engineers [ ] US Fish & Wldlife Service [ ] Agricultural Commissioner [ ] Butte Co. Farm Bureau [X] Oroville Union School Dist. [X] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] SFWPA [X] Thermalito W & S Dist. [ ] PG&E [ ] Pacific Bell [ ] SBC [ ] Oroville Elem. School Dist. [X] County Assessor [X] Thermalito Union Sch. Dist. [ ] Dept of Water Resources ■ Butte County Department of Development Services ■ ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 33 of 39 ■ I � • ' 4 Proj ct me: ' (Cal Conlcy) Usc &rmd Ut'"06 08:& f _ ,» =+ ' i - C" . t.. ,, f �, . a Iv(ap Correction`COR OG-02'�� 'f} . ;, t a + r a ` "50wPROJECTS'PONSOR ,S •.RATION OFwMIT:G.ATION INTOEa`' )INCORPO I i-� �_ tf "Mop SED PRO TECTs '' I/Wehaue 'reviewed thelnalaalStiidy for;iheCal Conley :.'Use Permit `UP..OtS 08:P (AI?1V072 Q.70 .,.021 j +, apnlicatio i� and particy larly2, e3 milagalion{,measuresa adept ied'herean: I/We hereby lie; { „�,:-,applrcation on fle wtt the ButlefCounty Plannan 1� e aftme`nl; to�rnc144rand tincor orale"�adl:4 ►" r P. . mitigations {l �' -Nf i K Cal ,Conley , ` ;§_ + Date J All t" tip .! 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' , is • 1 ■ Butte County Department of Development Services ■ 4• ' ' ■ Initial Study — Cal Conley UP 06-08 & COR 06-02 ■ Page 39 of 39 0 SURVEYOR'S STATEMENT ?HIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED .FROM ' RECORD DATA AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LEROY BERRY ON FEBRUARY 15. 1997. 1 HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTAnVE MAP, IF ANY. THE MONUMENTS SHOWN HEREON ARE OF THE ~ CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE IN PLACE AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. �4 Wp G pps u nn CHAD EXP. 12/3 S72ER, PLS 7451 o.a, COUNTY SURVEYORS STATEMENT I HAVE EXAMINED THIS MAP AND IT IS SU8STANTIALLY THE SAME AS 1T APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF. ALL OF THE PROWSIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTA77VE MAP HAVE BEEN COMPLIED V4774AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. OATED: 6rt... 23.,999 ew 2g1R 'A STUART EDELL RCE 29132 . DEPUTY COUNTY SURVEYOR EXP. 3/31/99 L11A OWNER'S STATEMENT WE LEROY BERRY AS OWNER AND FIDELITY NATIONAL TITLE COMPANY PREVIOUSLY KNOWN AS BUTTE COUNTY TITLE COMPANY AS TRUSTEE OF DEED OF TRUST DA7E0 ,JULY 28 1993 AND RECORDED JULY 20, 1993 UNDER RECORDER SERIAL NUMBER 93-31977 DO HEREBY STATE THAT WE ARE TIi£ ONLY PARTIES HAVING RECORD TITLE INTEREST IN THE REAL PROPERTY SUBDIVIDED. AND WE HEREBY CONSENT TD THE PREPARATION AND RECORDATION OF THIS PARCEL MAP IN ACCORDANCE WITH SEC77ON 20-110 OF TILS BUm COUNTY SUBDIVISION ORDINANCE `•i' � FIDELITY NATIONAL TITLE COMPANY LEROY PRY A CALIFORNIA CORPORAnON BY.• \. ' RECORDERS STATEMENT FILED THIS26-2 DAY OFfaBRVAA.Y 19�. AT 9,or A.M. IN BOOK -/-'VA OF MAPS, AT PA BCE o -OZ AT THE REQUEST OF LEROY BERRY SERIAL NO, 1999-0007980 /%-46"� _ CAN AcE �rRU COUNTY RECORD BY DEPUTY STATE OF CALIFORNIA IS, COUNTY OF BUTTE J ON - - 8EF E MnZ&.;,�. PERSONALLY APPEAREDJ PERSONALLY KNOWN TO ME OR PROVED TO ME ON E BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS/ARE SUBSCR18ED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO M£ THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/ THEIR AUTHORIZED CAPACITY(IES), AND THAT BY 1HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. ------------- WITNESS MY HAND AND OFFICIAL SEAL. ¢ �Uli M, orenarelm2oev.lam - IURE OF NWAPY -- STATE OF CALIFORNIAJSS COUNTY OF BUTTE J ON at-1Q�49 arrORE MEnec:e....aka PERSONALLY APPEARED 12 v ae. r--. PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BA51s OF SAnsFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISKE17HEY EXECUTED THE SAME IN HIS/HER/ K*ky map ON TH.E7R AUTHORURE(s),ON RE INS RUmE, AND THAT BY HIS/HER/THEIR _ PARCEL MAP scxaTURE{s) ON r�tE 1NSTRUM£Nr THE pazsoN(s) OR EHnTY 'THE INSTRUMENTUPON BEHALF . WHICH THE PERSON(s) ACTED, EXECUTED LOT 180 OF O.W.F.L UNIT NO. 5 Red In Book 8 of Mops. Pages 37A & 38A WITNESS MY HAND AND OFFICIAL SEAL k PPJM See, 18, T. 19 N., R. 5 E MDB&M s Butte County, Cdffomia Fb SIGMA RE OF NO AR Lfl'Oy BB?y BBA • 2080 Pe Aw O.weR G 93%6 (S3a) W 19n FA% (SM SN-Oi06 10/08 83A-97015 A.P. NM 72-07-019 S71L 1 of 3 a'os )3ooK lq6 otaGT Ro 0 DETAI _a_ LOT 158 / 'SEE / L OT 157 E _ DETAIL -A- 783.20' i �� (R2) / -..�, S 89' S6' S3• £ 740.40' (M) g j , tC3 . - - NC mr• Or w ISO .. sea•A•C 7HE UA OF �a s L Q i ! Oj ,�.a• �,' / 'am .. RSOUTH UNE OF TIE sW 1/4 OF SECDON 18. vette C. ' d r T.19 NS E• N.D.&N.. AS SHOVN ON (R) ytd a" O TAKEN AS N 8811.19• W. Simw 1,0.-9. ! DETAIL 'A' O 0.00• NOT To SCALE u ' 30.00' - t Q ' i 2453 OR 29 q� Pace/ 2 nae 1�2 10-00 Ares t 1 .rs /�� J P� � aN e' ! Deeded RSN to Butte County L O T 160 go m Per )940- ooey4Br �� M6p N rHt� or L E C E N O 2202 N 8B' 1f' 49• W 89623• o" L 21524 (N) µe. '^ (R) 84 M 78 v I • r O (Rd D' W (Rt) J RC M/MBFR 06029-80 GM7FD -1/19/73 tL pvilk� 8 A n0. ( w eau. 1 (RJ) £ ; UOFILE E-835 C.-T 14N s3-21ie + f/4 Caner FW"d AS Noted e A Parcel 1 5.3T Acres • Set 1/2• Reber ToMd PLS 745! t O Caeedaed Pont 0n1y ,361 1 A Std. runty Mme. Fed. per (RJ) r / '¢� SEE u a s PARCEL MAP WO DETAIL '8" NOH' TO LSCALEB• 2 IAT 160 OF C W.F.L UNIT NO. 3 o Fsee In Book 6 of NP 380. OBW `° a 1 a �_ 1 z Sec 1Butte 1Cotm* Cafornk VW For Leroy Be7ry . 725.74' , 49• W NR) 84583' M s 1/1 Car.. Sq 10 N W. oo' w 879.00' ()845.79• (R) m ae / 2-1/r Om o,, 30.12' (rr) ser 37' 18• £ (R2) (j'.C� AWA Aron sbyee . .Toot:' (c) S 88. 11 • So- £ (R) 875.84' (R3) 875.89' (C) 78 SM p„ 1rj 2 IM aaa Aw a.a. a wma (SX) Ss.•1er, FArc (m) ss._a9,e Z-Uer—, IFF-0.37X7 �"„� 99 _ 10/88 BBA-9'7015 AP. R0. 72-07-019 SALZ or 3 ehta. _i / Ul 0. T. •I _. .. .• - AN _ —`---- EAST 783.20' (R2) g — — — — S 89' 56' S3' E 740.40' (N.) `•.- - NOTES: - / STRU "USS. DUMPING, flLL NA'Rc flat, MID 02 a0' BURRING SMACK UNE •. EXCAVATIOY SHALLNOT BE ALLOWED %I'M' T!4' ` s' 60' s $'31� i• NO D3VZLOPMIENi ZONE AS DEPICTED. 2 •THE BUILDING SETBACK FROM a .1 ZON MOM - ME SDE OF ME PROPERTY LINES SHALL BE NOT LESS THAN 30 ' .� - .. i y ` ... , ' + • • .. . - •f • it _. .. .• - AN _ —`---- EAST 783.20' (R2) g — — — — S 89' 56' S3' E 740.40' (N.) `•.- - NOTES: - / STRU "USS. DUMPING, flLL NA'Rc flat, MID 02 a0' BURRING SMACK UNE •. EXCAVATIOY SHALLNOT BE ALLOWED %I'M' T!4' ` s' 60' s $'31� i• NO D3VZLOPMIENi ZONE AS DEPICTED. 2 •THE BUILDING SETBACK FROM a .1 ZON MOM - ME SDE OF ME PROPERTY LINES SHALL BE NOT LESS THAN 30 ' �•• $� 3. FIR- _%?PRESSRv S?RiNKLER SYSTEMS SHALL BE g o INSTALLED IN ALL NEW RESIDENTIAL STRUCTJRES ` IN ACORDANCE W,M MA NARCNAL PRE PROTECTION ASSOCIATION STANDARD FOR IHE INSTALLATION OF SPRiNiKLER SYSTEMS IN ONE AND TMD FAM LY DYr'UlNGS Q rZ-0i _ - A4D MOBILE HCMES, NEPA STANDARD 13D. UNLESS A - I HYDR�R� AT MEECOT flRE OZPAR�i..fEN' SPECFiCA71CN5. Rv£$:1E .. MS FAaUM-S RV.PACT FEE SHALL BE PND. ' M00' - PURSUANT TO ME PROMSIONS V CHAPTER 3. AR'LCLE Dy f II OF ME BUTTE KXAINT! CLUE, PRICR TO ME ISSUANCE Or SULLDING PER". SAID FEE AMOUNT SHALL BE - - DEERMLINED AND CALCULATED AS OF Ti'E DATE OF .LU' ❑ ' AoPUCATiON FOR BUILDING PERAGT. ONLY ONE PIWANENi OWELLLNC UNIT SHALL BE AU.O M ONPARCEL r 2, AND NO ADDITIONAL R_SCENTiAL DW -UNG UMTS S4AILL BE ALLOUTD ON PARCEL I. Q • 6. NO WAM i WELL MAY BE LOCATED W.1 -WN IOC GF THE ' USABLE SEWAGE DISPOSAL AREA AS SHC^*. • - ' M 7. OEVELOPMENT OF MESS PARCEL'S MAY REQUIRE PAYNS4T - INTO ME WATER TEOSR FUND. UMIT SO;L WORK O PERIODS OF DRY WEAME.R 3 -TWE" APR. IS AND NCVWSER 15 UMLESS AN EROSION CONTROL PLAN IS PREPARED BY A OVE ENGINEER OR OTHER QUAUPIED PROFESSIONAL A-40 APPROVED BY M£ PLANNING OIN50N. R! • 'w' ( R a- MULCT PROTECT, 1!YDRO-SCED. OR OTHERW.S£ STABIUZE , THE SOLL ON Al AREAS THAT HAVE BEEN DISTURBED OR HAVE BEEN CLEARED KV VECETATON AND ARE OF ERODIBLE , MATERIAL .- rco�q 9. SiRUCIION, INSATM Tt� COMPLY Hms OR -'lS-S• WITLATEST CALIFORNIA FIRE SAFETRECUL411OPM ALL DTH W + 1 I RESOURCES CODE 4290), AND -i LICPABLECSTA c AND COUNTY CODES, ORDINANCES AND REGULATIONS IN EFFECT AT THE TW OF APPUCARrII FOR ! MPROV MENT NI 41 C;" :G. NIILONG IDENrFICARON MID/OR ADDRESS SHALL BE INSTALLED IN CONFORMANCE !AM PL'9'JC RESOURCES C,'1vE 4290 AID SHALL BE POSTED AT ME 3E'v:NMNG OF BUILDING _30' BUS.DM'NC SETBACK UNE o CONSTRUCTION AND MAINTAMO ME.REAMEP,. r= — —. — —.— 2 2 f I h • , • + ' — — • — — — . — 30' __' - THIS ADD17IONAL MAP SHEET IS FOR INFORMATIONAL 777 l 8'JE ZZ SET3ACIK INE 1 PURPOSES ONLY DESCRIBING CONDITIONS AS OF THE j• � i DATE OF FILING, AND IS NOT INTENDED TO AFFECT e1w _ RECORD TITLE INTEREST. X16 rce/ 1 • I SE ..G° 0.. SA • s - 5.3; Acres t J ADOMONAL MAP SHEET PARCEL MAP LOT 160 OF CARL UNIT NO. 5 g FBed k n Book 8 of Maps, Pages 37A & 38A Seo 18. T. 19 N., R. 5 E• MDB&M Butte County. California — — • — — . — - r 30' BUILDING SETBACK UNE_ ea I�d iM79'�) '-- -- -- -- --' L-oySmr ' - 725.74• 845.79' (R) N 88' 00' W .. 879.00' - T - 61BA EA/K�/N6ElTzyNQ . 40 TY (R) - •. - (P,2j F S87- 37' 18' E 875.84' - •�•. _ SO.oc' (C) _ - - . (P.3) 87$,89' (C) S 68' T 1' S0• E (R) - zobD Pk A— Mseae• CA 95%6 (s30). 534-19tr FAz (s30) SJ' -0906' :. _ :0/98 68A-97015 A.P. NO. 72-07-019 . AGENDA REPORT TO: Honorable Chair and Development Review Committee FROM: Department of Development Services DATE: REQUEST: Tentative Parcel May on AP# 072-070-019 for LeRoy Berry, File #97-21 A request to divide approximately 16+/- acres to create three (3) parcels, one parcel at 6.1 acres, and two parcels at 5 acres each. The project site is foothill property with some oak, pine and scattered brush, and Aiken clay loam soil. The elevation is approximately 400 feet with very moderate sloping from 2% to 5% with an east to west aspect. There are no known cultural or historical features. The characteristics of the surrounding properties is similar, with single family residences with a mixture of urban/rural characteristics. The project site is located immediately north of the Cleveland Hills Fault Special Studies Zone. The property is located on Miners Ranch Road approximately one half mile south of Oroville-Quincy, Highway, in the Oroville area. The site is located in an AR (Agricultural Residential) zone with an Low Density Residential General Plan land use designation. The project is in Supervisorial District 1. RELATED ITEMS: None FOR: Development Review Committee Meeting of June 25, 1998 SUMMARY: This application for a tentative parcel map is consistent with an AR zoning and the Butte County General PIan Land Use designation of Low Density Residential. Approval of this application is recommended. APPLICABLE BUTTE COUNTY REGULATIONS: This Tentative Parcel Map application is submitted pursuant to Butte County Code Sections: Section 20-94 through 20-156 - Parcel Maps. These sections of the Butte County Subdivision Ordinance set forth the requirements for parcel maps when less than five parcels are created. Section 24-95 - AR through AR710 Site Requirements. A parcel zoned AR must have a minimum parcel size of 8125 square feet. PROJECT CHARACTERISTICS: There are no known cultural or historical features. The characteristics of the surrounding properties is similar, with single family residences with a mixture of urban/rural characteristics. The project site is located immediately north of the Cleveland Hills Fault Special Studies Zone. The property is located on Miners Ranch Road approximately one half 0 Butte County Department of Development Services - Planning Division 0 mile south of Oroville-Quincy Highway, in the Oroville area. Presently, three single family residences exist on the property. The site plan indicates the three residences will be on one parcel, Parcel 1. An outdoor storage area for motor homes exist on the eastern portion of proposed Parcel 1. The site is located in an AR (Agricultural Residential) zone with a Low Density Residential General Plan land use d#signation. :t- I Fire facilities are located at Station #64 approximately 8 miles to the north (Butte County Constraints Map). Commercial services and schools are located to the north and west of the site in Oroville. ANALYSIS: Approval of the project is consistent with the General Plan and zoning classification. Currently there are three residences on the 16 acre parcel. The three residences are located within yards of one another. The number of residences in this zone constitutes a pre-existing nonconforming use. The approximate age of the three houses indicates they existed prior to the zoning for this area. Approval of the project will not change this nonconformity nor will it exacerbate the condition. This is also the case with the outdoor storage area on the proposed Parcel 1. Indications are that it predated the zoning and has existed at this location for quite a number of years (Site Visit; personal communication with applicant and project engineer). Issues of concern included proximity to an earthquake zone, erosion, drainage, and fire protection. Proximity to an earthquake zone. The Cleveland Hills Fault Special Studies Zone is located approximately less than 1/4 mile south of the project site. The Cleveland Hills fault lies within the Swain Ravine lineament fault zone. The Swain Ravine lineament fault zone extends northward approximately 150-300 feet west of the Berry property. The Paynes Peak lineament fault zone borders the eastern side of the property to within approximately 50 feet. An appropriate mitigation as a condition of approval would be to require the applicant to show on the Map a 50 foot building setback from both the western and eastern property boundariesy. Erosion. The Butte County Constraints Map indicates there is a high -very high potential for erosion in this area. The soils consists of Aiken clay loam which is characterized as having good surface drainage, but care must be taken to avoid erosion (Soil Survey of Chico (1925)/Oroville 1926Area United States Department of Agriculture). Appropriate mitigation measures, including an Erosion Control Plan, are recommended as conditions of approval in this report. The approval of these conditions will adequately address potential significant environmental impacts. Drainages. The project site has two (2) ditches/drainages running east/west through the property. These features have the following characteristics: width and depth varying from 2'x2' to 4'x3l; carrying capacity of approximately 10+ efs; ephemeral; well-defined and clear of debris. Four culverts empty water from the site, carrying it under Miners Ranch Road, to the west (Site Visit). An Erosion Control Plan, approved by Public Works, should adequately prevent sediment from washing into these drainages and later into Honcut Creek. Appropriate building setbacks from these drainages should also prevent construction related sediment from washing into these drainages. Fire Protection. The project site is located in a State Response Area for wildland fires and 0 Butte County Department of DTelopment Services - Planning Division 0 • construction of homes in this area makes fighting fires more difficult because fire resources must protect structures before wildlands. The proposal will result in an incremental increase in demand for fire protection in the area. Mitigation measures, included as conditions of approval, are recommended in order to reduce any impact to less than significant. Staff has not identified any other concerns. Appropriate mitigation measures as conditions of approval are included to adequately address the County's concerns. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Development Review Committee approve the Tentative Parcel Map for LeRoy Berry on APN 072-070-019, subject to the findings and conditions contained in exhibit "A." 0 Butte County Department of Development Services - Planning Division 0 11 EXHIBIT "A" Section 1: Environmental Findings. A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The Development Review Committee has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigations adequately represents impacts associated with this project; and C. The design. of the Iand division and improvements will not cause environmental damage to fish or wildlife or their habitat and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and Section 2: Subdivision Map Act Findings. A. The proposed parcel map is consistent with the Butte County General Plan Goals and Policies; and B. The design and improvements of the proposed land division are consistent with applicable County standards and policies; and C. The project is physically suitable for the use and density of the proposed development; and D. The design and improvements of the project will not cause public health or safety problems; 0 Butte County Department of DWelopment Services - Planning Division ■ 0 and 0 E. The design and improvements of the project will not conflict with easements, acquired by the public at large, for the access through or use of, property within the proposed land division; and F. Approval of this project will not be detrimental to the public health, safety and welfare provided the required conditions and mitigations are complied with; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to adopt a Negative Declaration ; and B. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Tentative Parcel Map for LeRoy Berry on APN 072-070-019. C. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works or their respective designee, upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. D. Conditions of Approval: Mitigations: 1. Prior to recordation of the Final Map, the applicant shall show on the Map a 50 foot building setback from both the western property boundary and from the eastern property boundary. 2. Limit soil work to periods of dry weather between April 15 to November 15 unless an erosion control plan for wet weather conditions is prepared by a civil engineer or other qualified professional and approved by the Planning Division. Mulch protect, Hydro -seed, or otherwise stabilize the soil on all areas that have been disturbed or have been cleared of vegetation and are of erodible material. 3. Show on the map a 50 foot No Development Zone along the unnamed drainages located on parcels 2 and 3. The distance shall be measured from the top of the bank of each drainage. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states, "Structures, dumping, fill material, and/or excavation shall not be allowed within the 50 feet No Development Zone as depicted. 0 Butte County Department of Deyclopment Services - Planning Division 0 • 0 4. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side of the property lines shall be not less than 30 feet." 5. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Planning Division Conditions: 6. Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet stating that: "The Sheriff's Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to the issuance of a building permit. Said fee amount shall be determined and calculated as of the date of application for building permit." Public Works Conditions: 7: Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 8. Pay the recording fees then in effect for recording the Parcel Maps and related documents. 9. Deed to Butte County, in fee simple, 40 feet of right-pf-way from the centerline of Wyandotte Miners Ranch Road. 10. Show on the additional map sheet of the Parcel Map a 55 ft. building setback from the centerline of Wyandotte miners Ranch Road. 11. Show all easements of record on the Parcel Map. 12. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8, of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. Environmental Health Conditions: ■ Butte County Department of Dgelopment Services - Planning Division t 13. Prior to recordation of Final Map, verify that winter groundwater elevations are in compliance with County Improvement Standards, Appendix 7. 14. Identify on the additional map sheet a 50' leachfield setback from the drainage way on parcels 1, 2, & 3. 15. Identify on the additional map sheet a 100' leachf eld setback from the high water line of the creek on parcels.where there is a perennial stream. 16. Identify on the additional map sheet usable sewage disposal areas proven to meet the requirements of County Improvement Standards, Appendix 7. Combine with adjacent parcels any parcel not proven to contain usable sewage disposal area. 17. Identify on the additional map sheet unsuitable sewage disposal areas. 18. Identify on the additional map sheet that no water well may be located within 100' of the usable sewage disposal area on parcels 1, 2, & 3. 19. Prior to recordation of the Parcel Map provide a letter or other documentation from O. W.I.D. stating that they are willing and able to supply domestic water to parcels 1, 2, & 3. Butte CouM Fire Department: 20. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 21. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 25. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 6 water tend fund, is required prior to the issuance of a building permit. Place a note on the map or additional sheets that states "Development of these parcels may require payment into the Water Tender Fund." i Apro j ects, tpm\berry\berry, rpt 0 Butte County Department of Development Services - Planning Division ■ 0 o&_., of 40-j l 9 -SA v*u crf. • �a 0 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent LeRoy Berry 2. , Address 6210 Miners Ranch Road, Oroville, CA 95965 Phone (530)589-0199 3. Name of Proposal, if applicable_ Tentative Parcel Map for LeRoy Berry 4. ' Type of Project Tentative Parcel Map 5. Project Description and Location of Parcel(s): A request to divide approximately 16+ acres to create three (3) parcels, one parcel at 6.1 acres, and two parcels at 5 acres each. The project site is foothill property with some oak, pine and scattered brush, and Aiken clay loam soil. The elevation is approximately 400 feet with very moderate sloping from 2% to 5% with an east to west aspect. There are no known cultural or historical features. The characteristics of the surrounding properties is similar, with single family residences with a mixture of urban/rural characteristics. The project site is located immediately north of the Cleveland Hills Fault Special Studies Zone. The property is located on Miners Ranch Road approximately one half mile south of Oroville-Quincy Highway, in the Oroville area. The site is located in an AR (Agricultural Residential) zone with an Low Density Residential General Plan land use designation. The project is in Supervisorial District 1. 6. Assessor's Parcel Numbers 072-070-019 1I. 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 on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. I find that the proposed project COULD have a significant effect on the environment, and an Pf"I' V:o.. 9C?106. 0 PLATO& ,::fie :o _ a4 -ow em Pi :':a oe 10 a6._.�CrC4�rui a.,a �•;. ®��} pa_•a r ippr� ENVIRONMENTAL IMPACT REPORT is required. Completed By: Stephen Hackney, Associate Planner Date Reviewed by: Craig Sanders, Senior Planner Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. X Land Use and Planning _ Population and Housing Systems X Geophysical X Water _ Air Quality X Transportation/Circulation X Public Services _ Biological Resources Utilities and Service _ Energy and Mineral Resources _ Aesthetics X Hazards X -Cultural Resources _ Noise Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). 2) All answers must take account of the whole. action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 0—, Aeo - .06-.7,0& o VAeo&,::Mie A _ *ir_.00e em PAnm 04 to _ 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly - explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances).. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Be incompatible with existing land use in the vicinity? X d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? X e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X A:.., s:o.. P6...T,0& Em P6460():::' 74 o6 _ ft001 om A re 04 to _ • a$._..J L7l 0'.. Ph.d are I ffem 0 :9 .a 04 n_.0.0%o Hato aO-0 :J m�.o(I/L OY 0-010A 11 .o_N O :•',1.�ef1i' m1 Response: The proposal to divide the 16 acre parcel into three parcels of one 6 acre parcel and two 5 acre parcels, does not conflict with the AR (Agricultural Residential) zoning. The AR zoning allows for land divisions down to a minimum of 8125 square feet. The Land use Element map shows the property with a Low Density Residential land designation. The AR zoning classification for this area was approved in 1984. The AR zone is identified as a consistent zone in this land use designation. (Zoning Map; General Plan Map) The surrounding land uses consist of varied sized parcels ranging from 113 acre to 16+ acres. The residential characteristics of the area is a mixture of urban/rural residences. The area may be considered an area in transition, moving from large, rural parcels with 50+ year old residences, to urban type smaller parcels with newer residences. (Zoning Map; Site Visit) There will be minimum effect on agricultural resources. There are scattered remnants of olive and some orange tree orchards in the surrounding area. The soil type, Aiken clay loam, is susceptible to erosion and poor subsurface drainage. (Site Visit) Mitigation: None required. 2. POPULATION AND HOUSING. Would the proposal: X a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing,. especially affordable housing? Response: The proposed project is in an area of urbanlrural residential development. The area is characterized by parcel sizes varying in size from 113 to 16+acres. Parceling this property will not induce growth. Environmental Health requirements may limit residential development to one single family residence on one of the two new parcels. Further land division is theoretically possible with an AR zoning, however, further land division is unlikely until community sewer is available due to the constraints of the land to meet Appendix VII requirements of the Environmental Health Division, related to sewage • 0 06.....E of b._Tui e -as of— p4l.s cqo r rwA I I AOI&, W-0 :L .0J WJ 0.0.01 .1 .—A A :O *&-,), disposal. W 440-0, $&-IN disposal. The project does not represent a cumulative impact of any significance. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? X d) Landslides or mudslides? e) Erosion, changes in topography . or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? X X X X X- X X Response: The Cleveland Hills Fault Special Studies Zone is located approximately less than 1/4 mile south of the project site. The Cleveland Hills fault lies within the Swain Ravine lineament fault zone. The Swain Ravine lineament fault zone extends northward approximately 150-300 feet west of the Berry property. The Paynes Peak lineament fault zone borders the eastern side of the property to within approximately 50 feet (see Memo & Figure from BBA Engineering, April 9, 1998; "Seismic Hazard Analysis of the Bigelow Property, " by Philip A. Lydon, Consulting Geologist, June 7, 1987, page 3). An appropriate mitigation would be to recommend 50 foot residential setbacks on both sides of the property, both west and east. The locatiion of the Swain Ravine lineamentfault zone on the west side of the property is approximate at best. Specific magnatometer readings or other similar scientific fieldwork has not been performed in this specific area. It is recommended, for purposes of additional safety, that a 50'setback from the western property line be required. The applicant is required to comply with the minimum Uniform Building code requirements AW A01- P6_ T10& im p/ „�Q6.:: hese nb _ 4 M om �1e a oe ,o _ E • fa6._.0@ -:,:4.f e._o+ d.,•. ®'. 03'0 mva i nj w n_0.060 *..6.. _ w 0w.60 00_.0 an_0.ua.._.j!0 ;:t.eo;aua.0. and standards for seismic activity. The site contains high potential for erosion. An appropriate mitigation for development should reduce potential impacts to less than significant. MITIGATION #1: Prior to recordation of the Final Map, the applicant shall show on the Map a 50 foot building setback from both the western property boundary and from the eastern property boundary. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X Ply"' 11 o - V6_.T106. 10 PY54490�.::4UA 06 _ *t_ wj 0m Pg ;'Se 04 to _ 0&_./ dr 3t..l o—et oP,. dill.+ ofa T rwa U.b.r _sa. :J mo/ w to_a.o6o (f `b.r _u. norGv m..o :J m0/ e/ 0. Response: The project may have incremental impacts on absorption rates, drainage patterns, or rate and amount ofsurface runoff. The project consists ofa land division that may result in development of the project site. The Butte County Constraints Map indicates there is a high -very high potential for erosion in this area. The soils consists of Aiken clay loam which is characterized as having good surface drainage, but care must be taken to avoid erosion (Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture). An Erosion Control Plan, approved by Public Works, should adequately address any potential impacts. The project site has two (2) ditches/drainages running east/west through the property. These features have the following characteristics: width and depth varying from 2'x2' to 4x3' - carrying capacity of approximately 10+ cfs; ephemeral; well-defined and clear of debris. Four culverts empty water from the site, carrying it under Miners Ranch Road, to the west (Site Visit). Soil work on the newly created parcels should be limited to periods of dry weather between April 15 to November 15 unless an erosion control plan for wet weather conditions is prepared. Additional measures to stablize the soil should also be employed. MITIGATION#2: Limit soil work to periods of dry weather between April 15 to November 15 unless an erosion control plan for wet weather conditions is prepared by a civil engineer or other qualified professional and approved by the Planning Division. Mulch protect, Hydro -seed, or otherwise stabilize the soil on all areas that have been disturbed or have been cleared of vegetation and are of erodible material. MITIGATION #3: Show on the map a 50 foot No Development Zone along the unnamed drainages located on parcels 2 and 3. The distance shall be measured from the top of the bank of each drainage. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states, "Structures, dumping, fill material, and/or excavation shall not be allowed within the 50 feet No Development Zone as depicted. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in 0", Ao.. �J6_?�J6. +m 06100(r.:Ast 06 _ 1x .00e oa, ®a 5J W (0 _ 1 i i o%._•� Cr C$Joi a...mt d..•. Q�.t o+'e i rtes. e e :� ws w c...aaGo ck'&A nm Go oo_o :v wme »—wo, climate? X d) Create objectionable odors? ' X Response: The project is not going to violate or contribute to any air quality violation. The project does not propose development plans that would require moving a lot of material or grading that would potentially create dust. The Erosion Control Plan should address grading activities if any future construction activities takes place. Any potential air quality impacts resulting from the construction of one or two single family residences will be minimal. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity on-site/ offsite? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? x oii.,.../ 51 *_104 O..aa a.-:. gird ate I no& ::I < 01 r,. -Q.0(6 m_o :J MOA *A O.A 01 .I m_.I 'O :�'.%.eeLLm01 m1 0._O. Mitigation: None required. S. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X b) Use non-renewable resources in' a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X Response: Approval of this project will not result in any conflicts with any energy conservation plans. Approval of the project will allow for the creation of two additional parcels which may result in the construction of two residences. For the short term, the use of energy will be limited to that fuel needed to operate machinery needed for construction purposes. Once any construction activities are completed, only standard energy consumption for heating and/or air conditioning for these residences will be required. The long-term use of energy will be minimal. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ,release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) X b) Possible interference with an .emergency response plan or emergency 'evacuation plan? X c) The creation of any health hazard or potential health hazard? X d) Exposure of people to existing sources of potential health hazards? X 01W ac.- 06�T,0& 10 y6104 ::464 A _ **—Ow 00 04 eye oe (o 06..._.A of W—Iol 0_s+ o-... 041.' 0310 1 naa a mw 0� J...o.a6o e) Increased fire hazard in areas with flammable brush, grass, or trees? X Response: The project is located within a State Response Area for wildland fires and construction of homes in this area makes fighting these fires more difficult because fire resources must protect structures before wildlands. The Fire Department has requested that all new structures and driveways meet the Fire Safe Regulations of Butte County and Public Resources Code 4290 which include fuel reduction areas within 30 feet of all structures and specified addressing signs. Because of the 30 foot fuel reduction requirement the current side and rear yard building setbacks of S feet for the AR zone are not adequate. Property owners placing structures within 30 feet of the property line would be restricted from clearing brush on the adjacent parcel. To allow all property owners to have control over fuel reduction around their homes a 30 foot side and rear yard building setback shall be required instead of the normal S foot side and rear yard building setbacks of the AR zone. While a S0 foot setbackfor the rear yard is already being recommended (see Mitigation #1), it is only necessary to recommend a 30 foot side yard setback. MITIGATION # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side of the property lines shall be not less than 30 feet." If an additional map sheet is recorded, also show the 30' setback on the parcels. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? X MM Response: The project will not result in any increase in noise levels. Approval of a parcel map typically allows the owner of each parcel to build a residence - a permitted use in this zone - which would temporarily result in increased noise levels from construction. This noise is temporary inn nature and consistent with the area. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: '01", U2 . 04—?,06. im Ahi,::T"e A _ Bl-�t..CQJ 00 Pi ie 04 to _ a oo. w x:._0.060 04-0 a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X 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 automatic fire suppression sprinkler systems in residential structures, the use of fire resistance building materials and water supply systems adequate to support the sprinkler system will reduce the demand for fire protection services. The nearest fire station is located approximately 8+/- miles north of the project site. MITIGATION #5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X O"t Ao.. 104— P& im .0!%Qgh? :A -5j of _ +fz...aoe Go Pd -7-1 04 to _ ✓.6.r _.u. :� 4a mu 2..o.0 . 4_..• v :� oa mr e_.o. .. Qom-- 000;Tm!T--•l fob--., (OD—a. d) Sewer or septic tanks? X e) Storm water drainage? X fl Solid waste disposal? X g) Special Districts? X Response: The project will not result in any substantial impacts to existing services nor need for new service facilities. Power already exists at the site for the existing residences. Sewage disposal will be provided by on-site septic systems. The Department of Environmental Health has specified the conditions for approval it requires. Increased rate and flow of stormwater runoff presents a less than significant impact. The two drainages running through the property are capable of carrying a significant amount of runoff. The natural drainage on the property is from east/northeast to west/southwest, with two ephemeral streams/drainages capturing surface flow and moving it west/southwest towards Wyandotte Creek. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X Response: No scenic vista or other aesthetic effect will result (Site Visit). Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X AV"' ulo.. 96-J106. to 'W- nvh' :AJ c6 _ x ooa oe Ae :'se oe fo _ o&—,, 0f 41-7.-4 a-..0 o4 -.ti 9'Tf.a o?b I (W& t ow mr o_.o.oGo C ::4 m« U C_A.! .4 o.._./ b c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Response: The project- site is located in a general area characterized as having a low to moderate, including unknown, archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project . site. Therefore, no impacts to cultural resources are expected to occur. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: The proposal is far a parcel map to create two new parcels. Discussions with the applicant, the project engineer, and Environmental Health indicate that only one of the two new parcels may be able to meet sewage disposal requirements. The potential construction of one new residential unit will not result in a significant increase in the demand for park and recreation facilities in the'area nor will it affect existing recreational opportunities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the 0"" ib.. A6—TOS► ;m A!A�alb.::'tse uto _ ht—M 00 As i 04 to ob._•. O�ci X04 0.� o�.�. 9'h.+ o?b ! rtara :0 ,.a W o A.n(ro @.6.i_m. uaGo oo_o potential to degrade the quality of the environment, substantially reduce the habitat of affish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X c) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? X Response: As discussed in Section IV of this document, with appropriate mitigations in place, this project will not significantly degrade the quality of the environment. Potential impacts to wildlife and to the area within the ephemeral streams are addressed with appropriate mitigation measures in Items #3 & 4. Potential impacts to any humans due to fire hazards is addressed with appropriate mitigation measures in Items #9 & 11. The proposal will not have any significant cumulative impact on the environment. MITIGATION: See Mitigations #1- 5. oa o to pCt�r : f'u a6 _ 06.....to, *-_101 0-0 o ,•. PIT., CW6 1 rtss V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: MITIGATION #1: Prior to recordation of the Final Map, the applicant shall show on the Map a 50 foot building setback from both the western property boundary and from the eastern f property boundary. MITIGATION#2: Limit soil work to periods of dry weather between April 15 to November 15 unless an erosion control plan for wet weather conditions is prepared by a civil engineer or other qualified professional and approved by the Planning Division. Mulch protect, Hydro seed, or otherwise stabilize the soil on all areas that have been disturbed or have been cleared of vegetation and are of erodible material. MITIGATION #3: Show on the map a 50 foot No Development Zone along the unnamed drainages located on parcels 2 and 3. The distance shall be measured from the top of the bank of each drainage. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states, "Structures, dumping, fill material, and/or excavation shall not be allowed within the 50 feet No Development Zone as depicted. MITIGATION #4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The building setback from the side of the property lines shall be not less than 30 feet." MITIGATION #5: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that. states: "Fire suppression sprinkler systems , shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." J to 4ift., om dJe ::e oe �o _ 06._wi of f_!n. e_A4 o:Y. ®fid CW* f two, DATASHEET A. Project Description 1. Type of Project: Land Division 2. Proposed Density of Development: 1 du/5+/- ac 3. Amount of Impervious Surfacing: minimal 4. Access and Nearest Public Road(s): Access to Miners Ranch Road 5. Method of Sewage Disposal: Individual septic system. 6. Source of Water Supply: Public water. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: Potential for further land division under present zoning exists. B. Environmental Setting 1. Terrain a General Topographic Character: uneven, some areas of level terrain; b. Slopes: level (2-7+% grade) C. Elevation: 400 feet above sea level. d. Limiting Factors:none 2. Soils a. Types and Characteristics: Aiken clay loam b. Limiting Factors: potential erosion; potential subsurface drainage problems. 3. Natural Hazards of the Land a. Earthquake Zone: located within the Foothill Shear Zone and After Shock Epicenter Region of the 1974 Oroville earthquake. b. Erosion Potential: high -very high. C. Landslide Potential: Iow d. Fire Hazard: high e. Expansive Soil Potential: low 4. Hydrology a. Surface Water: two ditches transporting run-off, ephemeral water to west. b. Ground Water: unknown C. Drainage Characteristics: drains east to west d. Annual Rainfall (normal): 30" inches per year. e. Limiting Factors: none 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except during period of agricultural burning and when stagnant air conditions persist in the valley. 8. Vegetation: mixed oak species, digger pines, grasses, riparian species, poison oak. 9. Wildlife Habitat: Small birds and animals common to foothill woodlands. P--' bi-. (m d� 4� ' ;;4!54 020 *;L..00e 0a Vj tea oe to .k 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 CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, 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: C112M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity MaR. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. OW 4do.. 96-1,06. to d deck ::th oo _ 3.x ooe o. dJs?se oc to _ 10. Archaeological and Historical Resources in the area: moderately high. .11. Butte County General Plan designation: Low Density Residential 12. Existing Zoning: AR 13. Existing Land Use on-site: 3 single family residences; undeveloped. 14. Surrounding Area: a. Land Uses: transition zone of mixed urban and rural residential development. b. Zoning: AR C. Gen. Plan Designation: Low density Residential d. Parcel Sizes: 1/3 to 16+ acre parcels 15. Character of Site and Area:transition area from rural to urban. 16. Nearest Urban Area: Oroville 17. Relevant Spheres of Influence: Oroville 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 64 approximately 8+/ - miles away. b. Water Availability: Tanker truck 20. Schools: Oroville Elementary. 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 CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, 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: C112M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity MaR. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. OW 4do.. 96-1,06. to d deck ::th oo _ 3.x ooe o. dJs?se oc to _ �YButte..County Dirtment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile February 9, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application, Conley, Cal & Denise, UP 06- 08 Planner: Carl Durling APN:. 072-070-021 Location: on Miners Ranch Road, about a half a mile south of the Miners Ranch Road -- Oro Quincy Intersection 30 -Day Complete 2/13/2006 Date of IDR 2/8/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, the Assessor's Office, the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 2/8/2006. Do you find this application complete? ® NO. Please respond prior to or at the IDR meeting February 6, 2006, regarding completeness of application. What is needed to make the application complete? Development not permitted in "No Development Zone". ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. Ff conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: cdurling@buttecounty.net). Signature: E. Schroth Department: Public Works - County of Butte Date: 2/9/06 KIPlanning/Projects/A New File/[DR Memos/IDR Completeness 8/30/05 i 'Page l :of 1 ` a „ ,a Durling, Carl From: Jones, Darren Sent: Thursday, February 02, 2006 9:20 AM ' To: Durling, Carl Subject: Conley Use Permit, UP 06-08; AP# 072-070-021 Our Dept. has reviewed the above mentioned Use Permit and have determined the application to be complete: Darren Jones, REHS Environmental ' Health y 2/2/2006 0 February 2, 2006 Carl Durling Butte County Planning Division 7 County Center Drive Oroville, CA 95965 LAKE OROVILLE AREAPUBLIC DISTRICT C®> �Y FEB p DEVELOP1VyENY SERVICES RE: Conley Use Permit UP 06-08 APN -07-2-0-70--021--- Gentlemen: 72-070-021Gentlemen: We have reviewed the Request for comments on a Development/Land Use Application for Denise and Cal Conley on Miners Ranch Road. The project is proposing -to be served by an on site septic system. The subject property is in the District Sphere of Influence, but has not been annexed to the District. Annexation would be required for us to provide sewer service. If sewer service from the District is requested in the future, we will provide the requirements and fees for annexation and a main line extension. If you need anything further call me. Best regards, OROVILLE AREA PUBLIC UTILITY DISTRICT Alan G. Brown General Manager IJ4- ''c �`` .7',. _. � v -a •.' � a int � _ ..`s 7.. : s.r.. _ _ . r.et�,�. ..."e. .• i� _ .. ✓._.. r � .. _,. �. ..rte 1 LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT 1960 Elgin Street - Oroville, CA 95966 (530) 533-2000 - FAX (530) 533-1750 � it � �' as �, q.:•M.. ?� � �. `.- � ,� t,,�`',,; , r 4 � � , ��. r :r n r '.i a,d.f.• ! r� t 5 ,4 rq a a n