HomeMy WebLinkAbout031-275-005 CF Archive•oI
Butte County Depqz�ent o Developrent Serices
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YVONNE CHRISTOPHER$ DIRECTOR
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7 County Center Drive o 0
Oroville, CA 95965 0 -'�_. :_ _ ;•: o
(530) 538-7601 Telephone "
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(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * GIS * PLANNING
July 28, 2005
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Villa D' Oro Properties, LLC
1245 Oro Dam Boulevard, Suite 51-1
Oroville, CA 95965
CERTIFIED MAIL
Re: Use Permit UP 04-15, APN 031-275-005
Gentlemen:
Enclosed is our validated Use Permit to allow for light manufacturing uses and a 520-sq.ft
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weldingshop accessory to a Cultural Studio, as provided for under the C-2 (General
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Commercial) zone and 12 multiple family dwellings, 9 to be occupied as live/work units in
conjunction w, located at the northeast corner of 12th Street and Feather Avenue.
Should you have an Yquestions regarding this matter, please contact this office between 8:00
a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Sherry Viernes,
Office Specialist, III
enc.
cc: Land Development Division (g)
Building Division (y)
Environmental Health (p)
Department of Forestry (gld)
G.I.S.(pur)
Fka
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
TM nA IX
PERMIT NO.
31-275-005'
ASSESSOR'S PARCEL N0.
• e Coon of Butte and the special conditions - -
Pursuant to the provisions of the zoning Ordnance of the County p ,
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Steve S eider lanz 'villa D' Oro Properties LLC, is hereby granted a Use Permit to
set forth. below, Ste g
allow for light manufacturing q
uses and a 520 s .ft. welding shop accessory to a Cultural Studio, as
•(General Commercial zone; and 12 multiple family dwellings. to be
rovlded for. under the C-2 ) p Studio. The 9 live/work dwelling units to
occupied as live/work units in conjunction with the Cultural
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n conjunction with the Cultural Studio and leased to artisans and
be occupied as leve/work units i J
craftsmen who would live and work on site. A four-story refinery building would be developed into
with(1)ad'acent est residence, and (1) caretaker's residence. The Use Permit
(1) personal residence wi J guest .
is sub' ect to the following conditions:
J .
• conditions herein as the basis for approval of application
1. Failure to comply with the conditions specified h pp
't constitutes cause for the revocation of said permit in accordance with
and issuance of Permit .
in the Butte Cour Zoning Ordinance, including Butte County Code
the procedures set forth County .
Sec. 24-45.65.
2. Unless otherwise provided for in a special condition ' ' n to this Use P errnit all conditions must be
completed prior to or conc.rentl with the establishment of the granted use. The use granted
. ury
permit must be established within.- two - years of the date of approval.
by this p .
• 'stra.ve1 b- the Directors of I3evelop�nent Services,
3. Manor changes maybe approved ad�~ny y
Environmental Health, or Public Works upon receipt of a substantiated written request by the
_
applicant, or their p designee. respective Prior to such approval, verification shall be made by
on that the modification is consistent with the application, fees paid,
each Department or Division
determination as conditionally approved. Changes deemed to be major or
and environmental d .
cant in nature shall require a formal application for amendment.
.
significant �l .
been anted is not established within. two years of the
4. If any use for which a Use Permit has gr
the Permittee, the Permit shall become null and void and reapplication
receipt of the Perrot by
(of gpursuant to Section 2445 - the Zoning Code) shall be required to establish the use previously
granted under the expired Permit unless, 30 days prior to the expiration date, a request for a
ion is submitted to the Planning Commission together with sufficient evidence
one-year extension .
or processing development permits under federal or State regulations
that the time limits f p g p
s which exceed one year. Upon application, and for good cause by the
require time limits Y
public hearing pursuant to Section 24-45.25 above, the Planning Commission
Permittee, at a pub g p , , ,
a extend an time limitation previously made a part of any condition- to a Use Permit.
may y p
5 . The terms and conditions of this Permit shall run with the land and shall be binding upon and
be to the ben g
benefit of the heirs legal representatives, successors, and assigns of the Permittee.
6. Nei pp nor any agent the applicant, a ent nor representative of the applicant shall intentionally
omitp any or misrepresent material fact in connection -with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development Services
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to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds
to revoke a Permit.
Conditions of Approval:
Planning Division:
Prior to Use Permit issuance, the concurrently submitted General Plan Amendment and Rezone
v (GPA/RZ 03-03) shall be approved by the Butte County Board of Supervisors.
`
�In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, �
t vibration and odors perform and maintain. in full effect the following measures (Mitigation
light,
Measure #1):
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'Welding activities are restricted to the interior of building `�T" only. Building N shall be
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completely enclosed during welding activities so as to restrict light and glare from
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welding activities from broadcasting to the surrounding neighborhood.
e of open flame work is prohibited in any live/work unit.
b-;---Weldang or any other type p P .
A live/work unit shall be designed to accommodate commercial or industrial uses as
evidenced b ..the provision of ventilation, interior storage, flooring, and other physical
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improvements of the a commonly found In exclusively commercial or industrial
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facilities used for the same work activity.
-� and non-residential uses shall meet all plicable requirements for those
h:d. Livelwork units uses proper p ro er and occupancy separations shall be provided between live/work units and
other occupancies as determined by the Chief Building Official.
e. Any new construction not reflected on the site plan, shall be required to maintain the
following setbacks pursuant to the C-2 zone:
e Side yard requirements: None, except when the side of a lot abuts upon the side of lot
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that is zoned to allow a residential use, in which case the side yard shall be not less
than ten (10) feet.
• Rear yard: None, except when the side of a lot abuts upon the side of lot that is
zoned to allow a residential use, in which case the side yard shall be not less than ten
(10) feet.
' d setback: Twenty feet from the edge of the ultimate right-
Minurnum front yax ty ..
o -way from all public or private roads except where the road is classified as a federal
f Y P P _ ..
aid road in which case the setback shall be twenty-five (25) feet from the right -of
way.
'cant is required to submit a Hazardous Materials Business Plan to the Butte
f. ,The applicant q . - . .
CountyEnvironmental Health Department as required by Chapter 6.95 of the California
_. .
Health and Safety Code.
flammable liquids or hazardous materials in a live/work unit- beyond. that .
g. Storage of q .. _
normally associated with a residential use is prohibited.
fabrication or construction of artwork shall take place outside that would create a
h. No f _
noise level exceeding 65 decibels at the property line.
at this facility is prohibited. All supplies and storage materials shall take
1. . Outside storage ty p pp .
lace inside of buildings at all times.
Garbage bins shall be screened from view at all times.
shall be maintained at 65 decibels as measured at the roperty line at all
k. Noise levels p
times.
1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm.
m. No amplified music shall be allowed in conjunction with special events or other
activities.
n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of the
. � Butte County Code as follows: All open automobile parking areas that contain more. than
four (4) parking spaces and which abut upon a public street right-of-way shall provide
landscaping to a depth of at least ten (10) feet of said street right-of-way with openings
1 for walkway or drive purposes in accordance with county standards. An additional five
(5) pof the gross lot area shall be devoted to landscaping. Each planter area shall
be surrounded with asix-inch raised concrete curbing or equivalent An irrigation system
shall be installed in each separate planter area.
o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats,
motorcycles, and recreational vehicles, vehicle. detailing and painting, upholstery etc.) is
allowed.
p. During special events the operator is required to ensure that adequate parking for the
general public is available. This will be accomplished by providing a 15 -space parking
lot available to the public on the northeast corner of the properly.
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ectionable because of noise, odor, smoke, dust, bright
q. Any use that would be ob,'�
heat noxious asses, vibration, pollution, traffic congestion, unsafe access, or
light/glare,g
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they public nuisance as defined under Butte County Code Section 32A-2, are prohibited.
Plan Requirements: Comply with the listed provisions.
Timing: The requirements of this mitigation will remain in full effect during all times of
construction and operation of this facility.
f Development through
Services shall monitor compliance throug
- Monitoring: The Department o p .
routine inspection and reviews.
3. Place a note on a separate
document which is to be recorded concurrently with the map or on
an ad map sheet that states: "Dust generated. by the development activities shall be
p
t a minimum with a goal of retaining dust on the site.. Follow the dust control
. kept o g .
measures listed below:
a. During
clearing, gr ada n earth moving, excavation, or transportation of cut or fill
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materials water trucks or s rinkler systems are to be used to prevent dust from
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leavingthe site and to create a crust after each day's activities cease.
water trucks or sprinkler
systems shall be used to keep all areas
b.. During construction, p ys
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of
vehicle movement dam 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.
' two da shall b e covere kept moist, or treated with
c. - Soil stockpiled for more than days - � p .
soil binders to prevent dust generation.".
a publicly visible sign with the telephone number and
d. The developer shall post p y gn P
p regarding. person to contact re ardin . dust complaints. This person shall respond and take
corrective action within 24 hours. The telephone number of the BCAQMD shall also
be visible to ensure compliance with BCAQMD Rule 200 and. 205 (Nuisance and
Fugitive Dust Emissions.
to submit a Hazardous Materials Business Plan to the
e. The applicant shall be required
Butte County Environmental Health Department as required by Chapter 6.95 of the
California Health and Safety Code. Storage of flammable -liquids or hazardous
materials beyond that normally associated with a residential use is prohibited.
(Mitigation Measure # 2)
Plan Requirements: All requirements shall be shown on building plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
The Plannin Division and the Public works Department shall ensure that
Monitoring: g
is implemented. Building inspectors shall spot check and shall ensure compliance
mitigationp
on
-site. . Butte County Air Pollution Control District inspectors shall respond to nuisance
complaints.
4. Should grading .-activities reveal . the ppresence of 'cultural resources (i.e.,. artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans, glass;
etc.; structural remains; human skeletal remains}, work within 50 feet of the find shall cease
immediately until a qualified professional archaeologist *can be consulted to evaluate the
remains and implement appropriate mitigation - * procedures.. - - Recommencement o f .
development activities shall. not occur until clearance is provided by the Butte County
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Department of Development Services. Should human skeletal remains be encountered, State
law requires immediate notification of the County Coroner. Should the County. Coroner
-
determine
.
determine that such remains are in an archaeological context, the Native American Heritage
Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange
for Native American participation 'in determining the disposition of such remains.
(Mitigation Measure #3)
Plan Requirements: This note shall be shown on all 'site development and building plans.
Ti g: This measure shall be implemented during all site development activities.
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Monitoring: Should cultural resources be discovered, the landowner shall notify the
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Planning Division and a professional archaeologist. The Plaanning Division shall coordinate
with the developer and appropriate authorities to . avoid damage to cultural resources and
p_ g _ _ _
determine appropriate action)
5. Access to all arts of the facility shall be provided to emergency vehicles at all times.
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Entrances to the . facilitY on Feather Avenue, 12�' Street, and Corona Avenue shall be
available for the use of responding emergency vehicles.: (Mitigation Measure #4)
Plan Requirements: This note shall be shown on all site development and building plans.
Ti g: p g : - .This measure shall be implemented during all site development activities and
operation..
Monitoring: The Department of Development Services shall ensure compliance in
cooperation with Butte County Fire and local agencies.
6. A Conditional Zoning Agreement, between the County and applicant, shall limit the use of
the proposed G2 zone to the uses specified within the Use Permit project description as
follows (Mitigation Measure #6):
This C-2 (General Commercial) zone is restricted to the following uses:
a. Light manufacturing. uses and a 520 sq.ft. welding shop accessory to the
Cultural Studio and Live/work Units, as provided for under the G2 (General
Commercial) zone.
b. 12 multiple family dwellings with (9) to be occupied as live/work dwelling
units in conjunction and accessory to the Cultural Studio, (1) to be used as an
owner occupied residence, (1) guest residence, and (1) caretaker's residence.
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The live/work dwelling units to be leased to artisans and craftsman who
would live and work on site.
c. The applicant to utilize the existing buildings at the site and modernize them
where needed. -Utilities, concrete flooring,- aluminum siding, roofing, and
insulation would be repaired or added as necessary.
d. Additional building construction would be limited to the guest residence to be
located above the concrete parking area adjacent to the four story tower
building, a public restroom building adjacent to the proposed outdoor gallery,
and an enclosure for the outdoor gallery.
e. Renovations are proposed to remain in keeping with .the themes established
p p p
by the historical use of the site as an olive oil refinery and railroad depot.
f. Existing industrial equipment associated with the old refinery to be removed,
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cleaned and situated indoors and outdoors as historical art pieces.
. A small museum displaying laying old refinery equipment with. references to'
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historical uses:
Facility to be open to the public for ecial events and exhibits which would
h. F ty p p special
showcase produced artwork and crafts. These events would take place in an
indoor and outdoor gallery.
i. A 25 -space parking area would be provided for live/work residents and their
guests with access from Feather -Avenue at locations approved by the
Department of Public Works.
special events shall be sub' ect to the approval of an administrative permit -
J. All p J pp
pursuant to Butte County Code Section 24-300.
k. An additional p
15 -space arking area would be provided with access . to
p
Corona Avenue for special events. This area would be allowed to be used as
a staging area for deliveries when special events are not being held.
1.. Zone to be subject to all conditions and mitigation measures placed upon the
Use Permit.
Plan Requirements: Comply with the Conditional Zoning Agreement at all . times
during construction and operation.
Timing: Conditional Zoning Agreement to be signed by the applicant and County prior
to Board of Supervisor approval of rezone ordinance and General Plan Amendment.
Monitoring: The Department of Development Services shall ensure compliance.
7. Prior to Use Permit issuance the applicant shall obtain a will -serve letter from the Thermalito
Irrigation District to ensure that water and sewer service can be provided to the proposed use
and live/work dwelling units.
Bu dih Division ;
8. Building Permits Required. Prepare four sets. of construction plans and make an application
for permit. * Construction shall comply with federal, state; and local regulations: ' Plans shall
be prepared, sealed and signed by a California Licensed Architect or Registered ;Engineer.for
non-residential buildings and certain residential buildings.. , ;
Public works Department 1 :
9. Obtain encroachment permit for all new. or existing driveway approaches and construct them
to County standards, as specified in County Improvement Standards. The* exit located close
to the corner of Feather Avenue and 12' Street ma cause traffic roblems. Department of
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Public Works requires that the exit be relocated farther from the intersection: =
10. Deed to Butte County,in fee simple, 30'feet feet of right-of-way from the centerline.* of 12 '
p ,. .
Street, Feather Avenue, and Corona Avenue along the entire property frontage. The right of
way shall be sufficient for the installation ;of Standard No. S-5 at all, street intersections. -
11. Prior to the issuance of building permits for new buildings submit road. and drainage
improvement plans for the installation and construction of the street frontage improvements
on 12" Street, Feather Avenue -and Corona Avenue to RS -2A Standard including but not
ted to P.C.C. curb, gutter and sidewalk and the required street section. Construct. or
install the required improvements. ;
12. Perimeter fence shall provide adequate sight distance per County fencing requirements at
returns on 12'' Street/Feather Avenue at 12ffi' Street/Corona , Avenue and at driveway
approaches. ;
13. Prior to the issuance of building permits for any new buildings 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.
(Mitigation Measure #5)
Plan Requirements: The applicant shall submit the required drainage plan to the Public
Works. Department for review and approval.
Ti g: The drainage plan shall be approved prior -to the approval of any new building
permit.
Monitoring: The Department of Public Works shall be responsible for ensuring compliance
with this mitigation.
Butte CoggV Fire Department/CDF
14. Perform the following to the satisfaction of the California Department of Forestry: - .
a. 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.
b. A pressurized community water system for fire protection is required.' The specific'-
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locations and fire flow requirements shall be in accordance with the Fire Department
specifications and to the satisfaction of the County. Fire Chief. Average required hydrant
spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submitplans to
the Fire Department for review and approval prior to construction of facilities.
c. Provide plans and specifications to the Butte County Fire Marshal to determine
compliance with fire and life safety standards of Titles 19 and 24, California Code of
Regulations. (Mitigation Measure #7)
Plan Requirements: Requirements shall be complied with during all times of construction
and operation. :
Timing: Requirements shall be applicable prior to all operations.
Monitoring: The Department of Development Services shall ensure compliance in
conjunction with Butte County Fire.
15. Install a replacement fire hydrant on the 8 -inch water main. on Corona Avenue at entrance
near Building 'W'.
16. The existing fire sprinkler system is to be extended into units A, B, C, and D in accordance :
with NFPA 13 Standard for fire sprinkler installations:.
County Counsel
17. If this entire matter or any finding, action or condition of this matter is appealed to the Board
of Supervisors, the applicant or any other developer/operator other than the applicant agrees
to indemnify the County of Butte from liability or loss related to the approval of this project
and agrees to sign an indemnification agreement in a form approved by County Counsel
before the Board's appeal hearing. If the application is not appealed, this condition is deem
satisfied.
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 p 't, and that I agree to abide
fully by said conditions.
Date: /Z —C%4
T
�A'p'Pficant
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. -
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