HomeMy WebLinkAboutUP 96-08 005-471-005r" r
B. James January/North Valley Rehabilitation Foundation, Inc. - proposed
Negative Declaration regarding environmental .impacts and UsePermitto allow
the expansion of a pre-existing nonconforming use to allow the construction of
an agricultural maintenance training and storage building and off-street parking
facility on 0.5 acres of land zoned A -R (Agricultural Residential) located on the
west side of Mulberry Street, between East 22nd Street and -East 23rd Street,
identified as AP 005-471-005, 006, Chico. (SH) (UP96-08) (VIDEO)
Mr. Hackney said the request is to expand a nonconforming use as a training facility
and storage space as well as 17 on-site paved, striped parking spaces. The current
use has been in existence since 1972.
Commissioner Lambert said that she would like to have a copy of the Chapman -
Mulberry Improvement Report which was adopted in 1995 and relates to Condition 4.
HEARING OPEN TO THE PUBLIC
James January asked if the additional parking would have to be installed right away.
He said they are in the processing of upgrading the site and cannot afford to do the
work all at once. There is currently sufficient parking available. Also they would like to
postpone or bond the Mulberry Street improvements until such time as the other
improvements in the area are installed. There are no improvements or storm drainage
on the street currently. They would like to begin by constructing the storage and
training building only. He said that a Public Works employee had told him that Public
Works did not have a problem with postponing street improvements, and to bring up
the subject at this meeting today.
Mr. Hackney said that the 17 parking spaces originated with the applicant, and is not a
requirement of the Use Permit.
Commissioner Lynch noted that the Use Permit goes with the property, not with the
applicant, and there could be a need for more parking spaces in the future if the
property is sold, however, it appears that the conditions only require the applicant to
submit plans, not to actually make the improvements.
Commissioner Cage said that parking spaces would be needed to work on the
machinery.
Mr. Hackney said that paved, striped parking and gravel parking is already available
There is no problem with bonding improvements.
Commissioner Cage asked where the .machinery is parked while it is being repaired.
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BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996
Mr. January said that the site is a training and storage facility, but the actual repair
work on machinery is done on farms.
Commissioner Cage asked if the parking is for the workers.
Mr. January said that the workers are handicapped and don't drive, but are transported
in vans. The training staff does park on the property. The intent is to upgrade the }
parking area and put in landscaping eventually, but they would prefer to install it later,
when more money is available. He said that he is concerned about the time span i
because of Item 2 which says that all conditions must be completed within 24 months.
Mr. Sanders said that the Use Permit does not require 17 additional parking spaces -- '
that is something the applicant wants to do. The minimum requirement is 5 gravel
parking spaces. The applicant can put in extra parking. Seventeen parking spaces
should not be a condition of the Use Permit. y
Mr. January suggested that they be required simply to meet the Building Dept.
requirements for parking.
Mr. Hackney said that the site already meets that requirement.
Commissioner Lambert said that she did not see that 17 parking spaces is being
required as part of the Use Permit.
Chairman Seegert said that the 17 parking spaces are mentioned in the Staff Report.
There is apparently sufficient parking available at the present time, but the applicant
just wants to upgrade the parking.
Commissioner Lambert asked if the 24 month time period would include the required
street improvements, and what does the Chapman -Mulberry report specify.
Mr. Hackney said that the Chapman -Mulberry report does not specify, and normally 24
months would be the required time period, but a bond could be accepted for the
improvements.
Mr. Farrel said that the street improvements are ususally required at the time of
issuance of a Building permit. The Planning Commission can defer the street
improvements with the approval of the Director of Public Works.
Commissioner Lynch suggested that the street improvements be required to be
accomplished within 24 months after other properties on the street are improved.
BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996
Mr. Farrel said that the street improvements in other parts of the neighborhood may not
be completed for a long time when individual owners do only the improvements in front
of their properties. Usually improvements are required when the authority is there to do
so, even though the result may be a noncontinuous system of improvements. It would
not be good to change the County's method of securing improvements. It could be
acknowledged that there could be some latitude in deferment, with the Director of y
Public Works making the decision as to when the improvements should be installed.
Commissioner Lynch was opposed to requiring a property owner to pay several
thousand dollars to install curbs, gutters and sidewalks when it would be the only wide
street with such improvements anywhere in the vicinity. Short segments of
improvements are not good.
Mr. Hackney said that sidewalks are not required by the Chapman -Mulberry report in
this area.
Mr. January said that the requirements include the street with a valley gutter along the
sides.
Mr. Hackney said the requirement is for a 20 ft. width with a valley gutter type swale
and 8 ft. of non -asphalted parking spaces on either side.
Commissioner Cage asked if that would help control the runoff.
Mr. Hackney suggested that the applicants be required either to construct the
improvements or post a bond at the time of building permits.
Mr. Sanders said that the Commission could specify a time frame in which the
improvements must be installed.
Commissioner Lynch said that a portion of wide street inbetween narrow sections of
street was not a good idea. He thought a bond would be alright, but he did not feel that
the project should be held up for lack of money to do the improvements prior to a
building permit.
Commissioner Cage said that was the reason for CC&R's, but she was worried about
the standing water in the area. She asked if paving would help the drainage.
Mr. January said that paving a larger area would add to the drainage problem, since
there is no drainage system for the street in the area.
Commissioner Lynch said that it often happens that improvements are installed and
they are ripped out later because they don't fit in with the overall plan.
BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996
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Mr. Farrel suggested providing for the option to bond, but allow the Public Works
Department to establish the timing. for the. improvements, rather -than the Planning
Commission. There has been interest by Supervisor Dolan and the Public Works
Department to address improvements in the overall area, and the Public Works
Director,could coordinate improvements for this project with the overall improvements
There may be an opportunity in the next few years to make the improvements in a
community wide fashion.
Mr. January said that the applicants would be agreeable to that.
Commissioner Lambert suggested allowing 24 months for the improvements or else
post a bond.
Mr. Sanders suggested posting a bond at the time of building permits, and then the
improvements should be installed at a time determined by the Public Works Director..
Chairman Seegert said that it would not be good to state a specific time for completion
of the improvements.
HEARING CLOSED TO THE PUBLIC
Mr. Sanders said that Item 2 allows for Condition 4 to be met within 24 months or
"unless otherwise provided." That could be at such time as the Public Works Director
determines it would be appropriate.
Commissioner Lynch said the improvements should be installed when the rest of the
neighborhood has them installed.
Chairman Seegert agreed that Public Works should make the determination as to when
the improvements should be installed as an organized effort in the area.
The following additional wording was agreed upon for Condition 4:
Applicant is to post bond at the time of building permits, and improvements to be implemented at time
determined by Public Works Director or his designee and coordinated with other road improvements of
Mulberry Street.
It was moved for approval by Commissioner Lambert,. seconded by Commissioner
Lynch and carried unanimously for approval of the Use Permit with the changes as
stated for Condition 4, pursuant to the findings and conditions of the Agenda Report.
(Planning Commission would all like to have copies of the Chapmantown-Mulberry
Improvement Report.)
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BUTTE COUNTY PLANNING COMMISSION MINUTES — March 28, 1996
UsePermit - James January: A request for a Use Permit on 0.5 acre of land located
on the west side of Mulberry Street, between East 22nd Street and East 23rd Street, in
an AR zone in the Chico area. The purpose of the Use Permit is to allow the
construction of an agricultural maintenance training & storage building and off street
parking facility. This project is located in Supervisorial District 2.
1. Failure to comply with the conditions specified herein as the basis for approval
of application and issuance of Permit, constitutes cause for the revocation of
said permit in accordance with the procedures set forth in the Butte county
Zoning Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all
conditions must be completed by the Permittee within 24 months of the delivery
of the countersigned permit to the Permittee.
3. If any use for which a use permit has been granted is not established within two
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.
4. The terms and conditions of this permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives,
successors, and assigns of the Permittee.
FINDINGS:
Section 1: Environmental Findings.
A. An Initial Study was completed in compliance with the California Environmental
Quality Act identifying potentially significant environmental effects that the
project may have. Provisions and the design of the project and the conditions
added to the project will mitigate such effects to a level of insignificance; and
B. The design of the proposed project improvements will not cause environmental
damage to fish or wildlife or their habitat; and
C. The Planning Commission has independently reviewed, analyzed and
considered the proposed Negative Declaration prior to making its decision on
the project, and the Negative Declaration reflects the independent judgement of
the County of Butte; and
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Section 2: Zoning Ordinance Findings.
BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996
A. The proposed use of the property will not impair the integrity and character of
the zone in which the land lies in that it is currently designated on the General
Plan as Medium Density Residential and allows, as a secondary use, in this land
use category, public quasi -public uses such as those proposed by this
application.
B. The use would not be unreasonably incompatible with or injurious to surrounding
property or detrimental to the health, safety and general welfare of the persons
residing or working in the neighborhood in that the proposed uses in this permit
are only expanding the current uses at this location, and would permit the
expansion of a nonconforming use already existent in the AR Zone, and will not
adversely affect the operation of mixed uses on the surrounding properties.
C. The use would not be unreasonably incompatible with or injurious to the.general
health, welfare and safety of the residents of Butte County in that conditions I
imposed by this permit, if adhered to by the applicant, will ensure that the public
safety is protected.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use Permit
for James January on AP# 005-471-005, 006 to allow the expansion of a pre- t
existing nonconforming use of an agricultural maintenance training & storage
facility and off-street parking facility, is approved subject to the conditions listed
,
herein.
B. Minor changes may be approved administratively by the Director of Development
Services, or designee, upon receipt of a substantiated written request by the
applicant. Prior to such approval, verification shall be made by each Department
or Division that the modification is consistent with.the application, fees paid, and
environmental determination as conditionally approved. Changes deemed to be
major or significant in nature shall require a formal application for amendment.
C. Conditions of Approval:
Planning Division
If parking lot is lighted, all outside lighting fixtures shall utilize "low -
spillover" design where all. direct lighting shall remain on-site, allowing
only reflective lighting to spillover into those areas off-site.
BUTTE COUNTY PLANNING COMMISSION MINUTES - March 289 1996
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2. Applicant shall submit a Landscaping Plan prior to the issuance of
building permits, -to be reviewed and approved by the Director of
Development Services or his designee.
Land Development
3. Prior to the recordation of the issuance of building permits, a plan for a
permanent solution for drainage shall be submitted to and approved by
the Department of Public Works. The drainage plans shall specify how
drainage waters shall be detained on-site and/or conveyed to the nearest
natural or publicly maintained drainage channel or facility and shall
provide that there shall be no increase in the peak flow runoff to said
channel or facility.
4. Prior to the issuance of building permits submit road improvement plans
for the installation and construction of the street frontage improvements
on Mulberry Street to meet the Chapmantown-Mulberry Improvement
Report street improvement standards — see Figure 1, #2, page 8,
"Approved Chapmantown-Mulberry Improvement Report" September 14,
1995. Applicant is to post bond at the time of building permits, and
improvements to be implemented at time determined by Public Works
Director or his designee and coordinated with other road improvements of
Mulberry Street.
Environmental Health
5. No plumbing shall be installed in the new building.
BUTTE COUNTY PLANNING COMMISSION MINUTES - March 28, 1996
Use Permit, James January File #96-08
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS
I. BACKGROUND
A. James January; Use Permit for North Valley Rehabilitation Foundation, Inc.
B. UP 96-08, APN 005-471-005, 006
C. 10293 Cohasset Rd., Chico, CA 95973
D. Project Description and Location: Use Permit to construct an agricultural maintenance training & storage facility
and onsite parking, on the west side of Mulberry StreetbetweenEast 22nd Street and East 23re Street, Chico.
Additional project description and area description cavi be found in the data sheet at the end of this document.
II. EVALUATION OF ENVIRONMENTAL IMPACTS
1. Earth. Will the proposal result in:
a. Unstable earth conditions or changes in geologic substructures?
Yes No X Maybe
Response: The proposal will not require any excavation or use of explosives. Any fill placed on site for road or
building construction will have to meet the requirements of Chapte 70 of the Uniform Building Code and will be
compacted to accepted engineering standards and will not represent a hazard. Therefore, the project will not create
any unstable earth conditions or result in changes to geologic substructures.
Mitigation: None required.
b. Disruptions, displacements, compaction or overcovering of the soil?
Yes No Maybe X
Response: This proposal will result in some soil disruption, displacement, compaction and overcovering of the site
as a result of development of a new sbuctures, driveways, parking, and the installation of landscaping. The project
site is characterized by relatively level terrain which will require only minor grading to accommodate the proposed
training & storage building. All grading associated with this type of construction will also be subject to the
requirements of Chapter 70 of the Uniform Building Code. Based on this information the project will not result in
significant soil impacts.
Mitigation: None required.
C. Substantial change in topography or ground surface relief features?
Yes No X Maybe
Response: The proposal will not significantly affect topography or ground relief features because the property is
nearly level.
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Use Permit, James January File #96-08
Mitigation: None required.
d. The destruction, covering or modification of any unique geologic or physical features?
Yes No X Maybe
Response: The site has no unique geologic or physical features and therefore none will be affected by the
project.
Mitigation: None required.
e. Any substantial increase in wind or water erosion of soils, either on or off-site?
Yes No X Maybe
Response: The proposal will not cause substantial erosion of the soils because no significant soil disruption
will occur, the site is level, no stream courses traverse the property, rainfall received in the area is low, and
the erosion potential of the soils on site area low.
Mitigation: None required.
f. Changes in deposition or erosion of beach sands, or changes in siltation,deposition or erosion which
may modify the channel of a river or stream or the bed of any lake?
Yes No X Maybe
Response: There are no rivers, streams, lakes or beach sands on the project site nor in the immediate
vicinity and therefore the project will not aggect any of these features.
Mitigation: None required.
g. Loss of prime agriculturally productive soils outside designated urban areas?
Yes No X Maybe
Response: This project site does not contain prime agricultural soils.
Mitigation: None required.
h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud -slides,
ground failure, or similar hazards?
Yes No X Maybe
Response: The Butte County Seismic Safety Element does not indicate any faults in the area and the risk
of ground rupture in the event of a seismic event is remote. However, all of Butte County is still classed
as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible.
Mitigation: None required.
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2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of ambient air quality?
Yes No X Maybe
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Use Permit, James January File #96-08
Response: The proposal will not affect air quality because the increase in the number of vehicle trips is not
significant
Mitigation: None required.
b. The creation of objectionable odors?
Yes No X Maybe
Response: The proposal will not create objectionable odors, smoke or fumes.
Mitigation: None required.
c. Alteration of air movement, moisture, temperature, or any change in climate, whether locally or
regionally?
Yes No X Maybe
Response: Only large projects such as the construction of a large high-rise buildings, the creation of a
large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction
of large tracts of vegetation where there was previously none, would have the climactic effects discussed
in this question. Since this project has none of these characteristics it will not result in any change in air
movement, moisture, temperature, or climate.
Mitigation: None required.
3. Water. Will the proposal result in:
a. Substantial changes in currents, or the course or direction of water movements, in fresh waters?
Yes No X Maybe
Response: There area no water courses on the project site and therefore no impacts will occur to change
the current or course of any fresh waters.
Mitigation: None required.
b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff
on-site or into any water body?
Yes No Maybe X
Response: This project will permit the development of a metal structure for the purpose of AN agricultural
maintenance training & storage facility on two parcels totalling 0.5 acres. Increased runoff from impervious
surfaces such as buildings and paving will not be significantly increased because only a very small
percentage of the site will be affected. Incrementally, there will be an increase in potential runoff rates, and
an incremental loss of open ground to absorb runoff`. The project shall be conditioned to provide a plan
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Use Permit, James January File #96-08
for a permanent solution for drainage.
Mitigation: None required.
c. Need for off-site surface drainage improvements, including vegetation removal, channelization or
culvert installation?
Yes No X Maybe
Response: No off-site surface drainage improvements are needed because the increase in runoff
generated by the project will be addressed in a drainage plan.
Mitigation: None required.
d. Alternations to the course or flow of flood waters?
Yes No X Maybe
Response: The site is not prone to flooding, nor are there any water courses in the area that could cause
a flood and therefore no impact to flood waters is possible.
Mitigation: None required.
e. Discharge into surface waters, or in any alteration or surface water quality, including, but not limited
to, temperature, dissolved oxygen or turbidity?
Yes No X Maybe
Response: The proposal will neither discharge pollutants into any surface water body nor alter any water
body that could result in an impact to water quality.
Mitigation: None required.
f. Alteration of the direction of rate of flow of ground waters?
Yes No X Maybe
Response: The proposal will not affect the direction or flow of ground waters.
Mitigation: None required.
h. Change in the quantity of ground waters, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations?
Yes No X Maybe
Response: The proposal will not directly affect any aquifer.
Mitigation: None required.
i. Substantial reduction in the amount of water otherwise available for public water supplies?
Yes No X Maybe
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Use Permit, James January File #96-08
Response: A substantial reduction in public water supplies will not occur as a result of project approval.
Mitigation: None required.
j. Exposure of people or property to water related hazards such as flooding?
Yes No X Maybe
Response: The project site is not within a designated flood zone area and therefore no people or property
will be subject to a flood hazard.
Mitigation: None required.
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs,
grass, crops and aquatic plants)?
Yes No X Maybe
Response: The properly is located in an urban environment and the proposed project will not significantly
affect the diversity of the area plant life.
Mitigation: None required.
b. Reduction of the numbers of any unique, rare or endangered species of plants?
Yes No X Maybe
Response: The property does not contain habitat that would support any unique, rare or endangered plant
species and therefore the project could not affect any such species.
Mitigation: None required.
c. Introduction of new species of plants into an area of native vegetation, or
in a barrier to the normal replenishment of existing species?
Yes No X Maybe
Response: Approval of this request will not result in the introduction of exotic plant species into the area.
Any landscaping onsite is not expected to be extensive and the proposal should not be significant
Mitigation: None required.
d. Substantial reduction in acreage of any agricultural crop?
Yes No X Maybe
Response: The site does not contain any agricultural crops and is presently developed with work facilities
belonging to the North Valley Rehabilitation Foundation, Inc..
Mitigation: None required.
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Use Permit, James January File #96-08
5. Animal Life. Will the proposal result in:
a. Change in the diversity -of species or numbers of any species of animals (birds, land animals, reptiles,
fish, shellfish, benthic organisms or insects)?
Yes No X Maybe
Response: The proposal will not result in any change in animal habitat.
Mitigation: None required.
b. Reduction of the numbers of any unique, rare or endangered species of animals?
Yes No X Maybe
Response: The property does not contain habitat that would support any unique, rare or endangered
species of animals.
Mitigation: None required.
c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of
animals?
Yes No X Maybe
Response: This project is not going to introduce domestic pets into the area.
Mitigation: None required.
d. Deterioration to existing fish or wildlife habitat?
Yes No X Maybe
Response: The site does not contain any fish or wildlife habitat that would be significantly impacted by the
project.
Mitigation: None required.
6. Noise. Will the proposal result in:
a. Substantial increases in existing noise levels?
Yes No X Maybe
Response: The proposal will not result in a substantial increase in noise created on-site or in the vicinity.
Mitigation: None required.
b. Exposure of people to severe noise levels?
Yes No X Maybe
Response: The project is located in an industriaUresidential area where any noise generated by the
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Use Permit, James January File #96-08
presence of this facility will be no greater than the current noises occuring from present surrounding land
uses.
Mitigation: None required.
7. Light and Glare. Will the proposal produce substantial new light or glare?
Yes No X Maybe
Response: Street lighting will not be required for this type of development and no other significant, new,
sources of light will result from development of these parcels. ff parking lot is to be lighted the project shall
be conditioned to require any lights to be directed away from adjacent homes.
Mitigation: None required.
8. Land Use. Will the proposal result in a substantial alteration of the present or
planned land use of the area?
Yes No X Maybe
Response: The proposal will not alter the land use in the area. The project site is zoned AR and is
designated by the Butte County General Plan as Medium Density -Residential. The proposed project is an
expansion of a nonconforming use that has existed at this site for some years.
Mitigation: None required.
9. Natural Resources. Will the proposal result in:
a. Substantial increase in the rate of use of any natural resource?
Yes No X Maybe
Response: This project will allow for the construction of an agricultural maintenance training & storage
facility and off street parking. The use of natural resources will be limited to those products needed to
construct the facility and parking lot.
Mitigation: None required.
b. Substantial depletion of any non-renewable natural resource?
Yes No X Maybe
Response: The construction of the proposed 960 square foot metal building is not going to substantially
deplete any non-renewable natural resource.
Mitigation: None required.
10. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil,
pesticides,chemicals or radiation) in the event of an accident or upset conditions?
Yes No X Maybe
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Use Permit, James January File #96-08
Response. This project will allow for the construction of a single agricultural maintenance and training
facility and parking lot (17 spaces). The proposal will not involve significant use of hazardous materials, nor
is located close to any facilities which store or utilize such materials.
Mitigation: None required.
b. Possible interference with an emergency response plan or an emergency evacuation plan?
Yes No X Maybe
Response: There is not an adopted emergency response plan or evacuation plan that for this area and
therefore the proposed project will not affect any such plan.
Mitigation: None required.
11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human
population of an area?
Yes No X Maybe
Response: The proposal will not significantly affect the population ofthe -area because the proposed project
is only an expansion of a pre-existing nonconforming commercial/business use, not a project affecting
density.
Mitigation: None required.
12. Housing. Will the proposal affect existing housing or create a demand for additional housing?
Yes No X Maybe
Response: This project will not result in the creation of any new parcels for housing, nor does it influence
or affect housing needs or issues. The expansion of the current nonconforming use will allow the
applicant(s) to meet the needs of their operation, not create additional housing needs or affect existing
housing market.
Mitigation: None required.
13. Transportation/Circulation. Will the proposal result in:
a. Generation of substantial additional vehicular movement?
Yes No X Maybe
Response: This proposal will not generate a substantial addition to vehicular traffic to the local area. The
traffic levels are expected to remain essentially the same as now exist (pens comm. Project Engineer,
January 24, 1996).
Mitigation: None required.
b. Effects on existing parking facilities or demand for new parking?
Yes No X Maybe
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Use Permit, James January File #96-08
Response: The proposal will not affect parking because compliance with the parking standards contained
within Butte County Code Section 24-240 will be enforced. Part of the project includes the addition of 17
parking slots. Current parking requirements will be improved with the approval of this project.
Mitigation: None required.
c. Substantial impact upon existing transportation systems, including public transportation services?
Yes No X Maybe
Response: No increase in congestion and maintenance requirements on area roads and on public
transportation services are expected as a result of project approval. Comparing the site plans between'the
existing facilities and the proposed facilities, the project will widen the entrance at Fair Street, and
encourage circulation from this entrance, and provide parking slots near this entrance. These
improvements should prevent any substantial impacts upon the existing transportation systems.
Mitigation: None required.
d. Significant alterations to present patterns of circulation or movement of people and/or goods?
Yes No X Maybe
Response: The proposal will not alter the present pattern of circulation in the area. The project will improve
the present pattern. See Response Item 13c.
Mitigation: None required.
e. Alterations to waterborne, rail or air traffic?
Yes No X Maybe
Response: The project is not located near any railroads, harbors, or ariports and will therefore have no
effect on those facilities.
Mitigation: None required.
f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians?
Yes No X Maybe
Response: The proposal will not result in any increase in traffic and related traffic hazards in the area (pers
comm., Steve Decker, Project Engineer, January 24, 1995).
Mitigation: None required.
14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered
governmental services in any of the following areas:
Fire Protection? Yes No X Maybe
Response: The proposal will result in an incremental increase in demand for fire protection in the area.
The Butte County Fire Department/Califomia Department of Forestry has indicated that there may be an
incremental effect. CDF Fire Station #44 is located on the same block with the Training Center. The
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Use Permit, James January File #96-08
proposed structure will be located near Mulberry Street, with an entrance gate adjacent to the structure.
Mitigation: None required.
b. Police protection? Yes No X Maybe
Response: A development impact fee for Sheriff's facilities shall be paid pursuant to the provisions of
Chapter 3, Article 11 of the Butte County Code, prior to issuance of building permits or use permit in the case
of a mobile home park. Said fee amount will be determined and calculated as of the date of application for
the building permit or use permit.
Mitigation: None required.
c. Schools? Yes No X Maybe
Response: The proposal will not result in an incremental increase in demand for school services in the
area.
Mitigation: None required.
d. Parks or other recreational facilities? Yes No X Maybe
Response: The proposal will not result in an incremental increase to demand for parts and recreation
facilities in the area.
Mitigation: None required.
e. Maintenance of public facilities including roads? Yes No X Maybe
Response: The proposal may result in an incremental increase in the need for maintenance of roads and
other public facilities in the area.
Mitigation: None required.
f. Other governmental services? Yes No X Maybe
Response: The proposal will not result in an incremental increase in demand for all other governmental
services in the area.
Mitigation: None required.
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy? Yes No X Maybe
Response: This project will not result in the substantial expenditure of fuel or energy.
Mitigation: None required.
b. Substantial increase in demand upon existing sources of energy or require the development of new
sources of energy?
Yes No X Maybe
# Butte County Development Services Department # Planning Division #
10
Use Permit, James January File #96-08
Response: The project is located in an area that is already served by Pacific Gas and Electric, which
forecasts energy consumption of their service area and provides for future facility planning.
Mitigation: None required.
16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following
utilities:
a. Power or natural gas? Yes No X Maybe
Response: Pack Gas and Electric already has distribution lines in the area and can serve the energy
requirements of this project without substantial alteration to existing facilities.
Mitigation: None required.
b. Communication systems? Yes No X Maybe
Response: Pacific Telesis already has distribution lines in the area and can serve the communication
needs of this project without substantial alteration to existing facilities.
Mitigation: None required.
c. Water? Yes No X Maybe
Response: Water is already provided at this location by California Water Company.
Mitigation: None required.
d. Sewer or septic tanks? Yes No X Maybe
Response: Sewage disposal facilities are already provided at this site. The proposal will have to meet the
requirements of the Butte County Environmental Health Department and the Butte County Subdivision
Ordinance.
Mitigation: None required.
c. Storm water drainage? Yes No X, Maybe
Response: The project will not generate a significant increase in storm water runoff as discussed in item
3b. The proposal will have to provide a permanent solution for drainage in accordance with the
requirements of the Butte County Department of Public Works.
Mitigation: None required.
d. Solid waste and disposal? Yes No X Maybe
Response: Currently, the Butte County Landfill still has capacity to serve the additional development
proposed by this project.
Mitigation: None required.
17. Human Health. Will the proposal result in:
# Butte County Development Services Department # Planning Division #
11
Use Permit, James January File #96-08
a. Creation of any health hazard or potential health hazard (excluding mental health)?
Yes No X Maybe
Response: The proposal will not create any health hazard.
Mitigation: None required.
b. Exposure of people to potential health hazards? Yes No X Maybe
Response: The proposal will not expose people to any health hazard.
Mitigation: None required.
18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or
will the proposal result in the creation of an aesthetically offensive site open to public view?
Yes No X Maybe
Response: The proposal will not result in an aesthetically offensive view because it is consistent with
surrounding development.
Mitigation: None required.
19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational
opportunities?
Yes No X Maybe
Response: The proposal will not result in an impact on the quality or quantity of existing recreational
opportunities in the area.
Mitigation: None required.
20. Cultural Resources.
a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological
site?
Yes No X Maybe
Response: The proposal will not affect archeological sites.
Mitigation: None required.
b. Will the proposal result in adverse physical or aesthetic effects to the_ prehistoric or historic building,
structure or object?
Yes No X Maybe
Response: The proposal will not affect historic sites.
Mitigation: None required.
# Butte County Development Services Department # Planning Division #
12
Use Permit, James January File #96-08
c. Does the proposal have the potential to cause a physical change which would affect unique ethnic
cultural values?
Yes No X Maybe
Response. The proposal will not affect cultural resources.
Mitigation: None required.
d. Will the proposal restrict existing religious or sacred uses within the potential impact area?
Yes No X Maybe
Response: The proposal will not affect religious resources.
Mitigation: None required.)
# Butte County Development Services Department # Planning Division #
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•
Use Permit, James January File #96-08
III. MANDATORY FINDINGS OF SIGNIFICANCE.
Does the project have the potential to degrade the quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining
levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of
California history or prehistory?
Yes No X . Maybe
Response: As discussed in Section II of this document and more specifically subsections 4 and 5,
this project will not significantly degrade the quality of the environment.
2. Does the project have the potential to achieve short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,
definitive period of time while long-term impacts will endure will into the future.)
Yes No X Maybe
Response: The project, as discussed in Section II and Subsection (s) 1, 2, 3, 6, 7, 8, 9, 10,15, 18, 19,
& 20 of this Initial Study, will not result in short-term benefits of the expense of impacting long-term
environmental goals.
Does the project have impacts which are individually limited, but cumulatively considerable? (A
project's impact on two or more separate resources may be relatively small, but where the effect of
the total of those impacts on the environment is significant.)
Yes No X Maybe
Response: This proposal will not have a significant cumulative impact on the environment.
As discussed in Section II, Subsections 6, 8,11,12,13,14,16, & 19 of this document, this proposal
may have a significant cumulative impact on the environment, but this project can be mitigated to
a level of insignificance by the incorporation of stated mitigation measures as part of the project
approval.
4. Does the project have environmental effects which will cause substantial adverse effects on human
beings, either directly or indirectly?
Yes No X Maybe
Response: As discussed in Section II of this Initial Study, this proposal will not have a significant
adverse effect on human beings.
# Butte County Development Services Department # Planning.Division #
14
• s
Use Permit, James January File #96-08
IV. DETERMINATION On the basis of this initial evaluation:
X I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
_ I find that although the proposed project COULD HAVE a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described herein have been
added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
Date: January24, 1996 Prepared by:
Vtep�WeAHackne
Reviewed by:
Craig ders
# Butte County Development Services Department # -Planning Division #
15
n
A. Project Description
DATA SHEET
1. Type of Project: Use Permit
2. Proposed Density of Development: N/A
3. Amount of Impervious Surfacing: incremental
4. Access and Nearest Public Road(s): Fair Street, Mulberry Street
5.' Method of Sewage Disposal: septic system
6. Source of Water Supply: California Water Company
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: N/A
B. Environmental Settinq
VA
3
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15
16
17
9
Use Permit, James January File #96-08
Terrain
a General Topographic Character: developed
b. Slopes: level 0-2%
c. Elevation: 200 feet above sea level.
d. Limiting Factors: none
Soils
a. Types and Characteristics: Vina Farwell
b. Limiting Factors: few
Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII.
b. Erosion Potential: minimal
c. Landslide Potential: none
d. Fire Hazard: moderate
e. Expansive Soil Potential: none
Hydrology
a. Surface Water: none
b. Ground Water: Unknown. Abundant valley aquifers.
c. Drainage Characteristics: good
d. Annual Rainfall (normal): 24 inches per year.
e. Limiting Factors: none
Visual/Scenic Quality: Poor.
Acoustic Quality: Poor.
Air Quality: Good, except when stagnant air conditions persist in the valley.
Vegetation: minimal
Wildlife Habitat: none
Archaeological and Historical Resources in the area: none
Butte County General Plan designation: Medium Density -Residential
Existing Zoning: AR
Existing Land Use on-site: nonprofit
Surrounding Area:
a. Land Uses: industrial, residential
b. Zoning: AR, M1
c. Gen. Plan Designation: Medium Density -Residential, Industrial
d. Parcel Sizes: 1/4 ac -1/2 ac
Character of Site and Area: industrial development, residential development
Nearest Urban Area: Chico
Relevant Spheres of Influence: Chico
# Butte County Development Services Department # Planning Division #
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•
•
Use Permit, James January File #96-08
18. Improvement Standards Urban Area: Chico Urban area
19. Fire Protection. Service:
a. Nearest County (State) Fire Station: Station number #44 approximately 1/10 mile away.
b. Water Availability: Fire tankers.
20. Schools: Union School District(s). CUSD.
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:
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:
CH2M 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. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration
in Shallow Wells. The Resources Agency, State of California, 1983.
12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178.
Oroville, CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management
Agency. 1989.
14. USGS Quad Maps.
15. Soil Map. Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
17: Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map.
Butte County Fire Department and California Department of Forestry, 1989.
# Butte County Development Services Department # Planning Division #
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0 •
AGENDA REPORT
TO: Honorable Chair and Planning Co mi sion
FROM: Barry K. Hogan, Planning Manager .
BY: Stephen Hackney, Associate PI r
DATE: February 12, 1996
REQUEST: Use Permit for James January/North Valley Rehabilitation
Foundation. Inc. (owner) on APN 005-471.-005, 006, File # UP
96-08: Use Permit request for the expansion of a pre-existing
nonconforming use to allow the construction of an agricultural
maintenance training & storage building and off-street parking
facility on 0.5 acres of land located on the west side of Mulberry
Street, between East 22nd Street and East 23rd in the Chico area.
This project is located in Supervisorial District 2.
RELATED
ITEMS: None
FOR: Planning Commission Meeting March 28, 1996
SUMMARY: This application for a Use Permit is to allow the construction of an agricultural
maintenance training and storage building and off-street parking in a an AR zone. This project
is an expansion of a nonconforming use in an AR zone. Staff recommends conditional
approval of this application.
PROJECT CHARACTERISTICS: This request is for a permit to allow the applicant to
construct an agricultural maintenance training & storage building and off-street parking. The
proposed building is to be 960 square feet in size. The applicant also proposes to construct
seventeen (17) parking spaces. Currently, there are six (6) structures on the two parcels
which the North Valley Rehabilitation Foundation uses for its operations. The parcels are level
and have no distinctive characteristics other than one drainage ditch traversing the southern
portion of the property. Access is provided at both Mulberry Street and Fair Street. The
surrounding land uses are mixed: single family residential and industrial.
The proposed -project is located in the Chico Urban Area. All plans and specifications for
proposed drainage facilities, sewerage, street lighting, water distribution systems and site
improvements must be approved by the Butte County Public Works Director. Water is supplied
by California Water Service Company.
ANALYSIS: The approval of a Use Permit for the proposed project would allow for the
expansion of existing nonconforming uses on this parcel. The existing nonconforming uses
date back to the 1970s (pers comm., Project Engineer, January Engineering). The intended'
■ Butte County Planning Commission Agenda Report ■
uses of the structure appear to be consistent with the training and services uses that are
presently conducted: job development skills, i.e., sewing, materials assembly, recycling, and
other related job training activities. Parking improvements such as paving and striping will
improve circulation on-site. Primary access will be from Fair Street. Improved design of the
entrance with widening and paving will help ingress/egress onto Fair Street.
This project does not present any major concerns for the County. Potential issues such as
drainage, lighting, and road improvements shall be addressed with the appropriate conditions
required for approval.
ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under
the California Environmental Quality Act (CEQA) and is subject to the requirements of CEQA.
An Initial Study has been prepared by County staff. Based upon the review of the Initial Study,
staff has determined that the project has no significant impacts.
PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be
advertised and held. Advertisement of the public hearing was published in a local newspaper.
Public notices were mailed to all property owners within a 300 foot radius of the subject
property. As of the date of this report we have received no public comment.
RECOMMENDATION: Staff recommends that the Planning Commission approve the
application on APN 005-471-005, 006, subject to the findings and conditions listed in Exhibit A.
Exhibits: A: Conditions of Approval
■ Butte County Planning Commission Agenda Report ■
2
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Receipt)
UP 96-08
PERMIT NO.
AP 005-471-005, 006
ASSESSORS PARCEL NUMBER
Use Permit - James January: A request for a Use Permit on 0.5 acre of land located on the
west side of Mulberry Street, between East 22nd Street and East 23rd Street, in an AR zone
in the Chico area. The purpose of the Use Permit is to allow the construction of an agricultural
maintenance training & storage building and off street parking facility. This project is located
in Supervisorial District 2.
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit, constitutes cause for the revocation of said permit
in accordance with the procedures set forth in the Butte county Zoning Ordinance,
including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all conditions
must be completed by the Permittee within 24 months of the delivery of the
countersigned permit to the Permittee.
3. If any use for which a use permit has been granted is not established within two 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.
4. The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the,
Permittee.
FINDINGS:
Section 1: Environmental Findings.
A. An Initial Study was completed in compliance with the California Environmental Quality
. Act identifying potentially significant environmental effects that the project may have.
■ Butte County Planning Commission Agenda Report ■
3
Provisions and the design of the project and the conditions added to the project will
mitigate such effects to a level of insignificance; and
B. The design of the proposed project improvements will not cause environmental damage
to fish or .wildlife or their habitat; and
C. The Planning Commission has independently reviewed, analyzed and considered the
proposed Negative Declaration prior to making its decision on the project, and the
Negative Declaration reflects the independent judgement of the County of Butte; and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property will not impair the integrity and character of the
zone in which the land lies in that it is currently designated on the General Plan as
Medium Density Residential and allows, as a secondary use, in this land use
category, public quasi -public uses such as those proposed by this application.
B. The use would not be unreasonably incompatible with or injurious to surrounding
property or detrimental to the health, safety and general welfare of the persons
residing or working in the neighborhood in that the proposed uses in this permit
are only expanding the current uses at this location, and would permit the
expansion of a nonconforming use already existent in the AR Zone, and will not
adversely affect the operation of mixed uses on the surrounding properties.
C. The use would not be unreasonably incompatible with or injurious to the general
health, welfare and safety of the residents of Butte County in that conditions
imposed by this permit, if adhered to by the applicant, will ensure that the public
safety is protected.
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use Permit
for James January on AP# 005-471-005, 006 to allow the expansion of a pre-
existing nonconforming use of an agricultural maintenance training & storage
facility and off-street parking facility, is approved subject to the conditions listed
herein.
B. Minor changes may be approved administratively by the Director of Development
Services, or designee, upon receipt of a substantiated written request by the
applicant. Prior to such approval, verification shall be made by each Department
or Division that the modification is consistent with the application, fees paid, and
environmental determination as conditionally approved. Changes deemed to be
major or significant in nature shall require a formal application for amendment.
C. Conditions of Approval:
■ Butte County Planning Commission Agenda Report ■
4
•
Planning Division
1. If parking lot is lighted, all outside lighting fixtures shall utilize 'low spillover"
design where all direct lighting shall remain on-site, allowing only reflective
lighting to spillover into those areas off-site.
2. Applicant shall submit a Landscaping Plan prior to the issuance of building
permits, to be reviewed and approved by the Director of Development
Services or his designee.
Land Development
3. Prior to the recordation of the issuance of building permits, a plan for a
permanent solution for drainage shall be submitted to and approved by the
Department of Public Works. The drainage plans shall specify how
drainage waters shall be detained on-site and/or conveyed to the nearest
natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or
facility.
4. Prior to the issuance of building permits submit road improvement plans for
the installation and construction of the street frontage improvements on
Mulberry Street to meet the Chapmantown-Mulberry Improvement Report
street improvement standards -- see Figure 1, #2, page 8, "Approved
Chapmantown-Mulberry Improvement Report" September 14, 1995.
Environmental Health
5. No plumbing shall be installed in the new building.
I hereby declare under penalty of perjury that I have read the foregoing conditions and
that they are, in fact, the conditions which were imposed upon the granting of this permit.
1 agree to abide fully by said conditions.
Dated:
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.
Butte County Planning Commission Chairman
CC: Land Development Division, Building Division, Health Department, Dept. of Forestry
■ Butte County Planning Commission Agenda Report ■
5
ur CPU-uo
AP# 005-471-005, 006
V*A4,&7*-
I
itN of Chi
BUTTE COUNTY PLANNING COMMISSION
Applicant: James January Owner: Same A I
Hearing Date: March 28, 1996 @ 9:00 a.m. Existing Zone: A -R (Agricultural Residential) A
Request: Use Permit to add on Agricultural Maintenance Training & Storage Building & off-street parking facility. No Scale
I I Assessor Parcel No: 005471-005, 006 1 File: 96-08 1
^= _
r�
_r
April 1, 1996
James January
10293 Cohasset Road
Chico, CA 95973
,tuft¢ Count,
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (9161 538-7601
FAX: (916) 538-7785
Re: Use Permit, AP 005-471-005, 006, UP 96-08
Dear Mr. January:
At the regular meeting of the Butte County Planning Commission held March 28,
1996, your request for a Use Permit to allow the expansion of a pre-existing
nonconforming use to allow the construction of an agricultural maintenance training
and storage building and off-street parking facility, Chico, was approved subject to the
conditions listed on the enclosures. Please sign both copies and return both copies
to this Division within 40 calendar days.
Should you desire to appeal any of the conditions imposed by the Planning
Commission, you must do so in writing, to. the Clerk of the Board of Supervisors, 25
County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, April 8, 1996.
The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if
there are no other appeal within the 10 calendar -day appeal period, the action of the
Planning Commission is final.
For purposes of the California Environmental Quality Act a Notice of Determination
must be filed. The fee for a De Minimus Negative Declaration is the $25.00
documentary handling fee. A check made payable to the Butte County Treasurer in
the amount of $25.00 should be submitted to the Planning Division by April 4, 1996.
4, Please be aware that failure to return the signed copies within 40 calendar days will
invalidate the Planning Commission's approval. Re-application to this Division would
then be necessary.
The Use Permit is deemed granted when the enclosures have been signed by the
applicant, with the counter signature of the Chairman of the Planning Commission,
and said permit is received by the applicant by registered mail.
Should you have any questions regarding this matter, please contact this office
between 8:00 a.m. and 4:00 p.m., Monday through Thursday.
BKH:lr
NOTICE OF DETERMINATION
a
TO: Office of Plan.& Research Dept.1400 Tenth Street
Sacramento, CA 95814X Butte County ClerkCAN. , U�TE,CO. CLERKFROM: Butte County Planning CA 1 DEPUTY
7 County Center Dr., Oroville 95965
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
Project Title: Use Permit: File # UP 96-08
AP Number: 005-471-005,006
Applicant: James January
State Clearinghouse Number (If submitted to clearinghouse):
Contact Person: Steve Hackney Telephone Number: 538-7601
Project Location: On the west side of Mulberry Street, between East 22nd Street and East 23rd Street
Project Description: Use Permit to allow the construction of an agricultural maintenance training and storage building
and off street parking facility.
This is to advise that the Butte County Planning Commission has approved the above-described project on March 28,1996
and has made the following determinations regarding the above-described project:
1. 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.
_X A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were, _X_ were not, made a condition of the approval of the project.
4. 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:
Date received for filing and posting at OPR
Butte County Planning Department
7 County Center Drive
Oroville, CA 95965
i 0
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
. De Minimis Impact Finding
(Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations)
Project Title / Butte County Location: James January, UP 96-08, located on the west side of
Mulberry Street, between East 22nd Street and East 23rd Street.
Project Description: Use Permit to allow the construction of an agricultural maintenance training
and storage building and off street parking facility.
Findings of Exemption (attach as necessary):
1. The county of Butte has conducted an initial study and prepared a Negative
Declaration so as to evaluate the potential of this project for adverse environmental impact:
2. When considering the record as a whole, there is no evidence before the County
that the project will have potential for an adverse impact on wildlife resources or the habitat upon
which the wildlife depends.
3. The County of Butte has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of
Regulations, if applicable.
4. The project is hereby found to be de minimis in its effect on wildlife and exempt
from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code.
Certification:
I hereby certify that the County of Butte has made the above findings of fact and that
based upon the initial study and hearing record the project will not individually or cumulatively
have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game
Code.
Lead Agency ounty or tsutte
Date:
(CAlDECLARATION OF FEES DUE •
ornia Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
James January
10293 Cohasset Rd.
FILING NO.
Chico, CA 95973
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
() A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
(X) B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
() A. Negative Declaration
$1,250 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
() B. Environmental Impact Report
$850 State Filing Fee
$25.00 Clerk's Documentary Handling Fee
3. ( )
OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. C � PAYMENT: The above fees have been paid.
See attached receipt(s).
2. ( ) NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
Bv:
Title:
Lead Agency:
Date:
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.
.� .::..
_ utte couni
l _ , ._ .- L
I�! A i 7 �r�; t I =; i-i ted �) A :-I I
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
FAX: (916) 538-7785
April 3, 1996
Barry Dyer
North Valley Rehabilitation Foundation
2233 Fair Street
Chico, CA 95928
Re: Use Permit, AP 005-471-005, 006, UP 96-08
Dear Mr. Dyer:
At the regular meeting of the Butte County Planning Commission held March 28, 1996,
your request for a Use Permit to allow expansion of a pre-existing nonconforming use to
allow the construction of an agricultural maintenance training and storage building and off-
street parking facility, Chico, was approved subject to the conditions listed on the
enclosures. Please sign both copies and return both copies to this Division within 40
calendar days.
Please be aware that failure to return the signed copies within 40 calendar days will
invalidate the Planning Commission's approval. Re-application to this Division would then
be necessary.
The Use Permit is deemed granted when the enclosures have been signed by the
applicant, with the counter signature of the Chairman of the Planning Commission, and
said permit is received by the applicant by registered mail.
Should you have any questions regarding this matter, please contact this office between
8:00 a.m. and 4:00 p.m., Monday through Thursday.
Very truly yours,
Barry K. Hogan
Planning Manager
7tephe Hackney
Associate Planner
SH:lr
kMorms\approvup.frm
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
JUN 17 W6
DATE: (Certified Mail Receipt)
UP 96-08
PERMIT NO.
AP 005-471-005, 006
ASSESSORS PARCEL NUMBER
Use Permit - North Valley Rehabilitation Foundation: A request for a Use Permit on
0.5 acre of land located on the west side of Mulberry Street, between East 22nd Street and
East 23rd Street, in an AR zone in the Chico area. The purpose of the Use Permit is to
allow the construction of an agricultural maintenance training & storage building and off
street parking facility. This project is located in Supervisorial District 2.
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit, constitutes cause for the revocation of said
permit in accordance with the, procedures set forth in the Butte county Zoning
Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this use permit, all conditions
must be completed by the Permittee within 24 months of the delivery of the
countersigned permit to the Permittee.
3. If any use for which a use permit has been granted is not established within two
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.
4. The terms and conditions of this permit shall run with the land and shall be binding
upon and be to the benefit of the heirs, legal representatives, successors, and
assigns of the Permittee.
FINDINGS:
Section 1: Environmental Findings.
A. An Initial Study was completed in compliance with the California Environmental
Quality Act identifying potentially significant environmental effects that the project
may have. Provisions and the design of the project and the conditions added to the
project will mitigate such effects to a level of insignificance; and
B. The design of the proposed project improvements will not cause environmental
damage to fish or wildlife or their habitat; and
C. The Planning Commission has independently reviewed, analyzed and considered
the proposed Negative Declaration prior to making its,decision on the project, and
the Negative Declaration reflects the independent judgement of the County of Butte;
and
Section 2: Zoning Ordinance Findings.
A. The proposed use of the property will not impair the integrity and character of the
zone in which the land lies in that it is currently designated on the General Plan as
Medium Density Residential and allows, as a secondary use, in this land use
category, public quasi -public uses such as those proposed by this application.
B. The use would not be unreasonably incompatible with or injurious to surrounding
property or detrimental to the health, safety and general welfare of the persons
residing or working in the neighborhood in that the proposed uses in this permit are
only expanding the current uses at this location, and would permit the expansion
of a nonconforming use already existent in the AR Zone, and will not adversely
affect the operation of mixed uses on the surrounding properties.
C. The use would not be unreasonably incompatible with or injurious to the general
health, welfare and safety of the residents of Butte County in that conditions
imposed by this permit, if adhered to by the applicant, will ensure that the public
safety is protected.
Section. 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 of this Exhibit A, Use Permit
for North Valley Rehabilitation Foundation on AP# 005-471-005, 006 to allow the
expansion of a pre-existing nonconforming use of an agricultural maintenance
training & storage facility and off-street parking facility, is approved subject to the
conditions listed herein.
B. Minor changes may be approved administratively by the Director of Development
Services, or designee, upon receipt of a substantiated written request by the
applicant. Prior to such approval, verification shall be made by each Department or
Division that the modification is consistent with the application, fees paid, and
environmental determination as conditionally approved. Changes deemed to be
major or significant in nature shall require a formal application for amendment.
C. Conditions of Approval:
If parking lot is lighted, all outside lighting fixtures shall utilize "low spillover"
design where all direct lighting shall remain on-site, allowing only reflective
lighting to spillover into those areas off-site.
2. Applicant shall submit a Landscaping Plan prior to the issuance of building
permits, to be reviewed and approved by the Director of Development
Services or his designee.
3. Prior to the recordation of the issuance of building permits, a plan for a
permanent solution for drainage shall be submitted to and approved by the
Department of Public Works. The drainage plans shall specify how drainage
waters shall be detained on-site and/or conveyed to the nearest natural or
publicly maintained drainage channel or facility and shall provide that there
shall be no increase in the peak flow runoff to said channel or facility.
4. Prior to the issuance of building permits submit road improvement plans for
the installation and construction of the street frontage improvements on
Mulberry Street to meet the Chapmantown-Mul berry Improvement Report
street improvement standards -- see Figure 1, #2, page 8, "Approved
Chapmantown-Mulberry Improvement Report" September 14, 1995.
Applicant is to post bond at the time of building permits, and improvements
to be implemented at time determined by Public Works Director or his
designee and coordinated with other road improvements of Mulberry Street.
5. No plumbing shall be installed in the new building.
1 hereby declare under penalty of perjury that 1 have read the foregoing conditions and that
they are, in fact, the conditions which were imposed upon the granting of this permit. 1
agree to abide fully by said conditions.gel
-
Dated.
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and
Health Department permits before starting construction does it waive any other
requirements.
Butte Cou y Pla ning Commi n Chairman
CC: Land Development Division
Building Division
Health Department
Dept. of Forestry
DEPARTMENT OF DEVELOP 1 N*T SERVICES
1
BUT-*-- COUNTY UNIFORM. A PVICATION
APPLICANT: Agent information to be provided is on other side:
APPLICANT'S NAME If applicant is different from owner an affidivit is required ASSESSOR'S PARCEL NUMBER:
J A- C�05-4 7- 1-005
J. AgCV� E tJQ o05 -4i - i oo &o
ADDRESS: CITY. STATE & ZIP CODE. -.0R-gM6lb
L"Ica, CA 9S9--73
NAME OF PROPOSED PROJECT (If any) TELEPHONE 'FAY, 342-1(aG-7
-1--1 . (0i Ka ) 341 -[-'136 (6.
LOCATION OF PROJECT (Major cross streets and Address, if any).
-AL%_?SER-\e n -MEET 'BE-TWEENJ F-PLE LVZOSIREET it- EAS -T
GENERAL INFORMATION REQUIRED
OWNER'S NAME
TELEPHONE
(9kG) 343-7994 T 1 C4'.
ADDRESS: CITY, STATE & ZIP CODE:
223`3 FAP 5T REE'C CN�eo Com. 9 S9 2S
ZONE
GENERAL PLAN
EXISTING LAND USE
SITE SIZE et in Square Feor Acres
meot-im Dewsrry Resiog"
-TgA,,j 1.1 C.) OL OFF - STP -EST PAetc\ Nae,
EXISTING STRUCIURES (in Square Feet)
PROPOSED STRUCTURES ( in Square Feet)
4)(000 wooce"4. bf-veg To lzeMA--'J
CiGalp Me-rAL- BLD<zl (rAAiwTA1o4Aw-e/5T---"e)
430O ?0f-'T45LlE C>FFlCrr- To REEMAW
(Check One)
(Check C6)
r7 PROPERTY IS OR PROPOSED TO BE SEWERED-
IN PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
®' PROPERTY IS OR PROPOSED TO BE ON SEPTIC
-3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED
[3 GENERAL PLAN AMENDMENT 1-3 TENTATIVE PARCEL MAP
-3 REZONE [3 TENTATIVE SUBDIVISION MAP
a USE PERMIT 772,?�nzlnlv t r-3 WAIVER OF PARCEL MAP
r MINOR USE PERMIT [3 MINING AND RECLAMATION PLAN
-3
3
Nov 0 1995
0 VARIANCE 0 BOUNDARY LINE MODIFICATION
[3 MINOR VARIANCE OrOW16, 1--3 LEGAL LOT DETERMINATION
E3 ADMINISTRATIVE PERMIT [3 CERTIFICATE OF MERGER.
[3 DEVELOPMENT AGREEMENT 13 OTHER
PROIECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets)
IN,
A6% (Zk C- U L -TL) RA, A t tA -CA I t -.N 00, ,1 C- r= TVAt P4 % n3 '5-r 0 re &ga IE p>0%t-DIM!2J ocr-opts-1
OP, (U8e- k9`14 -I SPACE
NOTE- INJ FIMUerz 09TABLE OFFICE W14LL PC-MoVeO 9t LOCeAB(iF A lLI7Y
• WILL LBE A POED
z
TI
g.•� OWNER CERTERCA ON
I CEKTIFYTHAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY. F(TRTHER, I ACKNOWLEDGE THE FILING OF
THIS APPLICATION AND CERTIFY TUAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE.
, Z-L"w�
(If an agent 6 to* 444zeA 4xccu,- uxgfidayit of authori6mdoa on the rever-seside )
DATE: SIGNATURE:
r r.-
0 AGENT AUTHORIZATION F*M
To Butte County, Department of Development Services;
print Name of AaQnt and Phone Number
Mailing Addreaa
is hereby authorized to process this application for Z, � � 7
_ ....
on my property, identified as Butte County Assesors Parcel Number
47- l -- 9®5
oos- 47- This authorization allows representation for all applications,
hearings, appeals, etc. and to sign all documents necessary for said processing, but
not including document(i) relating to record title interest.
Owner(s) of Record: (Sign and Print Name)
Print Name
<��rt��s <l < �i�iil�l� Y. A�4441 Ta' C7- 5 /,u� 'I16 - 3; ¢2 - / 506
Print Name of Architect/Engineer and Phone Number.
Maiiinq Address
FOR OFFICE USE ONLY
Verify: Date received
t/ AP Number(s)
- Owners Authorization
_ Project Description
6 2 8. (3D Total amount received
_ Legal Description
Zoning requirements
Copies of plot plan . -- "
Taken by �� _ Receipt No..t 5'� EH (Soo _ LD I So co Plan l 000.oa
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 $ - as of