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HomeMy WebLinkAboutMUP21-0005 Agenda Report ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 1 of 27■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – June 1, 2022 RECOMMENDATION: Staff recommends the Zoning Administrator find the proposed project to be exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3) of the CEQA Guidelines (Common Sense Exemption), and approve Minor Use Permit MUP21-0005 for a Vehicle Repair operation associated with a new car dealership with the findings and conditions identified below in Exhibit A and B. EXECUTIVE SUMMARY: The proposed project is a new site development for a used car sales facility, also known as Highway Motors, currently located at 2961 Highway 32, #71 Chico CA 95973. A 13,309 square foot new steel building is to be constructed on site. This building will incorporate an approximate 3,000 square foot office area, an approximate 6,000 square foot shop area, and an approximate 600 square foot finance office at the lower floor. The second floor will incorporate approximately 3,500 square feet of office/storage area. Applicant: Ben Libby Location: The parcel is located at 2021 North Lindo Ave, Chico, CA 95973 approximately 150 feet northwest of Chico city limits. Owner: Libby Revocable Inter Vivos Trust File #: Minor Use Permit MUP21-0005 Supervisor District: 2 (Debra Lucero) Request: Minor Use Permit to establish on-site vehicle repair in the General Commercial Zone associated with a car dealership. Project Planner: Tristan Weems, AICP Associate Planner G.P.: Zoning: Retail (RTL) General Commercial (GC) R1 Low Density Residential (City of Chico pre-zone) Parcel Size: Exhibits: 1.84 acres A: MUP21-0005 Zoning Administrator Decision B: Minor Use Permit C: Site Plan D: Elevation and Floor Plans E: Cal-Trans Comment Letter APN: 042-080-052 ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 2 of 27■ The lower floor office area will be used for sales and employee meetings. Employee offices, a server room, a customer waiting room, a kid’s playroom and unisex bathrooms for employees and customers is also proposed in this area. A customer service center is also proposed in which customers and clients can drop off vehicles to be serviced. The finance office will be used for obtaining vehicle financing for new customers and receiving and processing payments from existing customers. The shop area itself will be used for the maintenance and servicing of vehicles owned both by existing customers and Highway Motors vehicle inventory. Examples of minor repairs and maintenance that will take place in this area include safety inspections, brake repairs, tire replacement, minor interior repairs, computer diagnostics, replacement of failed components and minor body repair. The shop area will also include a paint prep station for minor paint repairs. The upstairs office/storage area will be used for storage of files and other business-related paperwork, and some private offices not accessible to the public. Outside the new steel building will be roughly 71,350 square feet of paved area. This area includes parking for employees, and parking for Highway Motors vehicle inventory and display. Additionally, there will be a vehicle staging area/parking area behind the building that will be used for vehicles waiting for repairs. Located around the perimeter of the site and inside and around parking areas will be roughly 20,980 square feet of landscaped area. The hours of operation for this facility will be from 9am- 6pm Monday through Saturday. The business will employ 20 people. The anticipated number of customers per day is 25-45. The application requests approval of this Minor Use Permit per the land use found in Table 24- 22-1 “Vehicle Repair” applicable in the General Commercial zone. Vehicle Repair and Maintenance is defined as, “An establishment for the repair, alteration, restoration or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Repair shops that are part of a vehicle sales or rental establishment on the same site are excluded from this definition.” While Vehicle Sales and Rental is a permitted land use in the General Commercial zone, this permit would entitle the applicant to service vehicles not associated with the vehicle sales establishment. SITE CHARACTERISTICS AND SURROUNDING USES: The 1.84 acre project property is bordered by the Lindo Channel to the south, North Lindo Avenue to the north and State Hwy 32 to the east. There is presently a structure formerly used as a shoe and boot repair business located onsite. There are no other structures present on the property. The parcel will be served by on-site septic and a Cal-Water connection. It is located within the City of Chico sphere of influence and is pre-zoned “R1 Low Density Residential”. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 3 of 27■ Surrounding land uses include General Commercial to the north, vacant Agriculture to the west (not in agricultural production), and the 25-unit City of Chico “R1 Low Density Residential zone” River Glen Subdivision across Lindo Channel to the south. Direction General Plan Designation Zoning Existing Land Use(s) North Retail GC Automotive Services, Chevron PowerMart Gas Station South Agriculture / City of Chico AG-40 / R1 Lindo Channel / River Glen Subdivision East City of Chico IOMU Industrial Office Mixed Use West Agriculture AG-40 Vacant ANALYSIS: The property is located within the City of Chico sphere of influence (prezoned “R1 - Low Density Residential”). The City of Chico identified concerns with a neighboring blue line stream known as “Lindo Channel” that runs along the southern boundary of the property. By implementing a riparian buffer where location of structures is prohibited within 50’ of the top of the channel bank, and by requiring all Valley Oak trees to be retained onsite throughout construction of this project, we have satisfied the concerns of the City of Chico Planning Department and Butte Chapter 24 Riparian Buffer requirements. City of Chico engineering comments have been addressed by Butte County Public Works comments below. In addition, Butte County Code Chapter 24 Parking and Loading requirements have been analyzed and met. Given the proposed 13,309 square foot structure, and the required 1 parking space per 400 square feet of the Vehicle Repair use, a total of 33 parking spaces are required and have been provided for per the site plan, along with the required motorcycle parking area and two ADA parking spaces. Per the applicant’s request, Butte County Code Chapter 24 Landscaping requirements will be satisfied at time of building permit submittal. The maximum number of vehicle trips for this completed project include: 4 delivery trucks (Fed Ex / UPS) per day; 6 parts delivery trucks (small pickup) per day; 45 employee per day; 2 large trucks (automobile carriers) per week; 16 customers per day. This parcel is within the limits of Caltrans' Project 03-4H760, and construction will start the Spring of 2024. Caltrans’ proposed improvements at this location include curb ramps at the corners and sidewalk along SR 32 (Nord Avenue) adjacent to this parcel. There are no planned Cal-Trans improvements on N. Lindo Road. Cal-Trans has approved their review of the project with the stipulation that if operational issues on SR 32 arise from the left turn movements at the northerly driveway arise, a raised median will need to be constructed on North Lindo Avenue to prohibit left turn movements at that driveway. See Exhibit E for their comment letter. To approve a minor use permit, the proposed project must comply with applicable standards in the zoning ordinance, other County ordinances, the General Plan, County Improvement Standards, and supported by the findings (Butte County Code 24-222) that are set forth in Exhibit B. General Plan Consistency General Plan goals and policies were evaluated in the context of the proposed project. three goals ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 4 of 27■ and four policies were identified as applying to the project. The following table identifies each applicable goal and policy and includes a rationale for the project's consistency with each policy. General Plan 2030 Goals and Policies Consistency Review LAND USE ELEMENT GOAL LU-G1 Continue to uphold and respect the planning principles on which the County's land use map is based. Consistent. This goal is more specifically reviewed in the discussion of the policies below. LU-P1.2 The County shall promote economic development and job- generating industry in unincorporated areas. This parcel has hosted viable commercial operations and has high visibility from adjacent motorists travelling Hwy 32. Approval of this project will certainly promote development and generate approximately 20 on-site employment opportunities. LU-P1.9 The County shall allow commercial services and retail within unincorporated communities. This project includes the permitted by right land use of vehicle sales and rental, and the land use being considered by this application includes vehicle repair; this is a commercial service within the unincorporated County. GOAL LU-G2 Provide for orderly, well- planned and balanced growth that maintains private property rights. Consistent. This goal is more specifically reviewed in the discussion of the policies below. LU-P2.2 Economic use and value of private property shall be maintained. The economic use and value of private property will be maintained and enhanced by the approval of this project through allowing the owner to better serve the needs of the motoring public. ECONOMIC DEVELOPMENT ELEMENT GOAL ED-1 Improve the local economy by diversifying the economy, reducing the unemployment rate, increasing business revenues to the County, and increasing wages. Consistent. This goal is more specifically reviewed in the discussion of the policy below. ED-P1.2 The County shall encourage a full range of commercial services at the regional, community and neighborhood levels. There is regional, community and neighborhood levels of service anticipated with the approval of the application. It will provide increased ability to not only sell automobiles, but service them as well. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 5 of 27■ Site Plan ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 6 of 27■ Assessor Parcel Map (Lot 52) ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 7 of 27■ Surrounding Area Map ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 9 of 27■ AGENCY COMMENTS: The project was reviewed by the Butte County Department of Development Services, Butte County Department of Public Works, Cal-Trans, Butte County Department of Public Health, City of Chico, and CAL FIRE/Butte County Fire Department. Note: City of Chico Planning comments have been incorporated with the Butte County Planning Division Comments, and City of Chico Public Works/Cal Trans Comments have been incorporated with the Butte County Public Works comments: Butte County Department of Development Services, Planning Division determined in consultation with the City of Chico that the Valley Oaks present onsite are to be retained and protected during construction with fencing. This will maintain and ensure that the Riparian Area of Lindo Channel is protected. In addition, we also find that exterior lighting standards of Butte County Code Chapter 24-67 apply to mitigate lighting impacts to the residential neighborhood to the south across the Lindo Channel, see Exhibit B for these conditions. Butte County Department of Public Works, Land Development Division, in consultation with City of Chico Public Works, City of Chico Fire Department, Butte County Environmental Health and Cal Trans offered conditions that apply to standards of the multiple jurisdictions. Comments ranged from traffic, access, drainage and septic systems. Improvements include curb, gutter and sidewalk for the N. Lindo frontage down to the southerly driveway access; and street lights. Drainage, Erosion Sediment Control and grading plans are also required. See Exhibit B “Minor Use Permit” for specific enumerated conditions. Butte County Department of Public Health, Environmental Health Division noted in their comments that the project is approved for 20 employees and 15 customers (at a time) under the septic system’s load capacity. They also noted a Calwater connection and a wastewater system permit per CSA 114 loading restrictions is required. Butte County Fire / Cal-Fire reviewed without comment. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 10 of 27■ PUBLIC COMMENTS: No public comments have been received as of the date this report was prepared. ENVIRONMENTAL REVIEW (CEQA): In compliance with Section 15061 (b) (3) Common Sense Exemption, this project is exempt from CEQA review. The Common Sense Exemption stipulates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Staff finds upon review of the site using the California Natural Diversity Database none fell within any identified range or area of sensitive species or habitats. The parent parcel is not within a deer herd migration overlay, scenic resource, scenic highway overlay, nor is it located within Agricultural Land. The site has been disturbed and does not contain any cultural resources, and is relatively flat. It is located within the City of Chico sphere of influence, and the jurisdiction has been notified of the application and returned comments accordingly. Valley Oaks are present and to remain on parcel with described site plan; no recorded map with referenced to Oak Mitigations, a condition has been applied to protect the Oaks during construction. The Parcel is predominately in the unshaded Flood Zone “X” with small south western portion within the “AE” Flood Zone, without proposed improvements. Majority of parcel is Urban, while portion adjacent to Lindo Channel is identified as Cottonwood Willow Riparian Forest by the proposed Habitat Conservation Plan from the Butte County Association of Governments (HCP – BCAG) layer. The parent parcel is not located within the Watershed Protection Overlay zone, nor is it near any identified fault lines, there is a very low risk of landslide and erosion hazard potential. Staff therefore finds with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and not subject to CEQA. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 11 of 27■ EXHIBIT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN22-00XX MINOR USE PERMIT MUP21-0005 (Ben Libby) APN: 042-080-052 June 1, 2022 The proposed project is a new site development for a used car sales facility, also known as Highway Motors, to be relocated from an existing Chico location to APN 042-080-052. The parcel is located at 2021 North Lindo Ave, Chico, CA 95973 approximately 150 feet northwest of Chico city limits. The applicant requests approval of this Minor Use Permit per the land use found in Table 24-22-1 “Vehicle Repair” applicable in the General Commercial zone. Vehicle Repair and Maintenance is defined as, “An establishment for the repair, alteration, restoration or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Repair shops that are part of a vehicle sales or rental establishment on the same site are excluded from this definition.” While Vehicle Sales and Rental is a permitted land use in the General Commercial zone, this permit would entitle the applicant to service vehicles not associated with the vehicle sales establishment. I. Find the project to be exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15061 (b) (3) (Common Sense Exemption). The Common Sense Exemption stipulates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Wildlife Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Make the following findings in support of granting approval, pursuant to Butte County Code Section 24-222: A. The proposed use is allowed in the applicable zone. The project site is located in the GC (General Commercial) zone. This zone permits vehicle repair with an approved Minor Use Permit and vehicle sales and rental by right. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The existing General Commercial zone allows for this type of proposal with an approved Minor Use Permit that undergoes review by relevant agencies, is noticed to neighbors and ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 12 of 27■ is heard at a publically noticed hearing. This process ensures that the location, size, design and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed development will go through the building permit process. The design of the project will incorporate fire safety, building code, waste disposal, and domestic water service elements that will significantly reduce health and safety hazards. The project has been circulated to Butte County Environmental Health, Public Works, Cal-Fire, Cal-Trans, and the City of Chico; and evaluated for Parking and Landscaping requirements. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The proposed use is located within the County and will be served by Cal-Water, on-site septic, Pacific Gas & Electric and available wireless carriers. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The size, shape, and other physical characteristics of the subject property have been reviewed by the consulting agencies and found to be compatible with the vehicle repair proposed use and are compatible with the existing and future land uses in the vicinity of the subject property, subject to the attached conditions. III. Approve Minor Use Permit MUP21-0005, subject to the conditions in Exhibit “B”. Approved By: ___________________________________ Curtis Johnson, Zoning Administrator Date: June 1, 2022 ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 13 of 27■ EXHIBIT B MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR June 1, 2022 DATE OF APPROVAL: MUP21-0005 PERMIT NO. 042-080-052 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Benjamin Libby is hereby granted a Minor Use Permit to establish a Used Vehicle Dealership with the entitled Vehicle Repair land use category. 1. As provided by Butte County Code Section 24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Zoning Administrator, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date of approval, except where an extension of time is approved as provided in Butte County Code Section 24-247. 3. The terms and conditions of this Minor Use 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, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code Section 24-251. 5. Minor changes as provided by Butte County Code Section 24-246(c), may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: Butte County Department of Development Services, Planning Division: 1. Valley Oaks are to be retained and during construction fencing shall be erected covering the drip line of the trees at a minimum. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 14 of 27■ 2. Pursuant to City of Chico requirements, maintain exterior lighting at low heights and intensity along the creek corridor to avoid unnecessary adverse impact to residential uses on the south side of the channel, as well as any wildlife that use the channel itself. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way as illustrated in Butte County Code Chapter 24 Figure 24-67-1 (Inadequate and Adequate Shielding) and Figure 24-67-2 (Light Source Not Directly Visible Outside Property Perimeter). Butte County Department of Public Works, Land Development Division: General Conditions: 3. All public improvements shall be designed and constructed in accordance with Chapter 18R.08, Design Criteria of the Chico Municipal Code, Chapter 18R.12 Improvement Standards of the Chico Municipal Code, the Butte County Improvement Standards, the California Department of Transportation (Caltrans) 2018 Standard Plans and Specifications, and the details shown on the approved improvement plans, except as modified by the conditions of approval. If there is a conflict between applicable standards, the more stringent standard shall apply under the authority having jurisdiction. 4. Prior to improvement plan approval, the applicant shall obtain all necessary permits from Butte County Environmental Health Department to abandon wells and septic systems, unless, for irrigation purposes, the well meets septic system setbacks (50’ to septic tank and 100’ to leach lines), Cal- Water requirements and the well head is be maintained. 5. The applicant shall comply with the recommendations and requirements of the Fire Department, City of Chico. Contact Adam Young (530)879-6547, adam.young@chicoca.gov. Street Improvements: 6. Prior to establishing use and construction, deed to Butte County, City of Chico, or Caltrans in fee simple the necessary (ROW) from the physical centerline of N. Lindo Ave along the entire property frontage and any additional right of way to facilitate needed future intersection improvements. 7. Prior to establishing use and construction, reconstruct or provide a performance, labor and material bond for reconstruction of street frontage improvements on N. Lindo Ave. Reconstruct full street (including the existing left turn lane at the N. Lindo Ave a minimum 12 feet wide lane on N. Lindo Ave southbound) along the entire parcel frontage from the existing sidewalk at the intersection of N. Lindo Ave to the southerly proposed driveway as shown in the preliminary site plan in conformance with modified County improvement standard RS-2B, 4” Type A Hot Mix Asphalt, 8″ Class 2 aggregate base, prime coat, fog seal and 95 % ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 15 of 27■ relative compaction. Construction of curb, gutter, 8’ parking lane, 7’ parkway strip and 5’ sidewalk is required on N Lindo Ave northbound along parcel frontage. Submit for approval a roadway improvement plans to City of Chico and Butte County Department of Public Works prior to construction. Submit a Notice of Materials to be used, materials test results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the department of Public Works for approval at least 14 days prior to the start of paving operations. Testing of hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed civil engineer. Conduct material testing during construction and submit the results to Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mix design. 8. N. Lindo offsite improvements shall be coordinated and connect with future SR 32 improvements proposed by Caltrans (see below and Exhibit E). 9. Locate egress/ingress point(s) as required by Caltrans (see Exhibit E) 10. Prior to approval of off and on-site improvement plans, obtain encroachment permit from Caltrans (see Exhibit E). 11. Corner lots are subject to sight distance criteria as established by the Public Works Director. Appropriate easements shall be dedicated as needed prior to establishing use and approval of improvement plans. 12. Prior to establishing use, the applicant shall install City of Chico standard streetlights in accordance to City Std. SL-1. 13. Prior to establishing use, install City of Chico standard street signs, regulatory signs, pavement striping, and pavement markings. 14. Contact City of Chico Urban Forest Manager to confirm what street trees can be chosen for the parkway strip. Contact Richie Bamlet (530)896-7801, richard.bamlet@chicoca.gov. Grading and Drainage Design: 15. All grading shall be in conformance with Chapter 16R.22, Grading Standards, of the Chico Municipal Code and Chapter 13 of Butte County Code. 16. Prior to establishing use and construction, the applicant shall submit a Geotechnical and/or Soils Report, prepared by a registered engineer that includes, but is not limited to: a) an investigation of the nature, distribution and strength of existing soils; b) a description of site geology; c) conclusion and recommendations covering the adequacy of the site for the proposed development, storm drainage disposal, grading procedures and corrective measures. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 16 of 27■ 17. Prior to establishing use and construction, applicant shall submit a grading plan that includes, but is not limited to: a) contours and details of existing terrain and drainage; b) existing structures or other topographic features that are to remain undisturbed; c) existing ground elevations at parcel corners; d) finished elevations at parcel corners and finished pad grades; f) pertinent recommendations for the above required Geotechnical or Soils Report; h) pertinent construction details to assure compliance with City of Chico Grading Standards. 18. Upon completion of grading and prior to the final inspection by the City of Chico, submit a final grading report to the City of Chico that certifies the following: a) the final grading complies with the approved grading plan or any approved revisions; b) the grading complies with the Geotechnical or Soils report – any changes made during grading that affected these recommendations shall be assessed; c) the soils are adequately compacted for their intended use, in conformance with City of Chico Grading Standards. The results of all field density tests and all other substantiating data shall be included in the Final Grading Report. 19. Prior to establishing use, an engineered plan for a permanent solution for drainage shall be submitted to and approved by the Butte County Department of Public Works and City of Chico Department of Development Engineering. The drainage plans shall specify as to how stormwater runoff will be attenuated on site by detention facilities and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide developed-condition peak flow discharge not greater than the pre-development condition (no net increase) for all storm events (including 100 year storm event), and no increase in stormwater volume over the design storm duration to said channel or facility. If used, the infiltration rate (minutes per inch) shall not be faster than the rate obtained using the Environmental Health Department test procedure using a correction factor of 3 (three). Submit infiltration test results to Department of Public Works for approval. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by the engineer of record. 20. Construct on-site improvements per Butte County Improvement Standards, applicable City of Chico Improvement Standards and other applicable codes and standards prior to establishing use. Site improvement plans shall be approved by the Butte County Department of Public Works, City of Chico and Caltrans, prior to establishing use and the start of construction. 21. The drainage plan shall mitigate pollutant runoff control by intercepting and treating the first ½” of runoff. 22. Prior to construction and establishing use, pay applicable storm drainage connection fees to the City of Chico and drainage impact fees per Article XI, ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 17 of 27■ Chapter 3 of Butte County Code. Stormwater Quality Management: 23. Construction Phase: Prior to approval of improvement plans, submit an erosion and sediment control plan (ESCP) to Public Works department for approval. ESCP shall contain site-specific construction site Best Management Practices (BMPs). BMPs included in the ESCP must be in accordance with Section 50-19 of County Code, and/or consistent with the California Stormwater Quality Association BMPs. Revisions to an approved ESCP must be resubmitted for Department of Public Works approval prior to commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the construction stormwater general permit (CGP) may be submitted in lieu of the ESCP. Add a note on a map sheet that states: “Development activities resulting in soil disturbance shall submit an erosion and sediment control plan (ESCP) to the Department of Public Works for approval. ESCP shall contain appropriate site-specific construction site BMPs.” 24. Construction Phase: Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if development activities result in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturb less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the Department of Public Works for consistency with the SWPPP. 25. Post Construction: Implement post-construction Best Management Practices (BMPs) consistent with State Water Resources Control Board Order 2013-0001- DWQ and City of Chico Post Construction Standard Plans to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. Develop and submit a Post Construction Stormwater Management Plan (PCSMP) that identifies BMP stormwater treatment system(s) designed to reduce or eliminate stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment system(s) and/or hydromodification measures. Design and sizing requirements shall comply with the Post-Construction Stormwater Management Program (section E.12) requirements of State Water Resources Control Board Order 2013-0001- ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 18 of 27■ DWQ. Hydromodification measures are required for Regulated Projects that create and/or replace one acre or more of impervious surface. Regulated projects are defined in State Water Resources Control Board Order 2013-0001- DWQ. The Department of Public Works approval of the PCSMP is precedent to improvement plan approval. 26. Post Construction: Prior to improvement plan approval, Regulated Projects shall submit a Stormwater Facilities Operations and Maintenance (O&M) Plan that identifies the operations, maintenance, and inspection requirements of all stormwater Best Management Practices (BMPs) treatment system(s) and hydromodification measures identified in the approved PCSMP. All public and private stormwater treatment system(s) and hydromodification measures shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. 27. Post Construction: Stormwater Trash Treatment Control Devices BMPs: Prior to final improvement inspection, Install stormwater trash treatment control devices (Devices) if stormwater runoff is discharged to a natural drainage channel. Devices installed shall meet Full Capture System requirements and shall be designed in accordance with the following criteria: a. Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1-hour storm event (design storm) or at least the same peak flows from the corresponding storm drain; b. Do not bypass trash below the design storm under maximum operational loading conditions; and c. Trap all particles that are 5 mm or greater up to the design flow or at least the same peak flows from the corresponding storm drain; and do not have a diversion structure present upstream such that a portion of the peak flow is not treated to trap all particles 5 mm or greater. Location(s) and specifications of Devices selected shall be shown on improvement plans. Devices shall be certified by the State Water Resources Control Board prior to installation. Prior to installation of any certified Devices, the local mosquito vector control district should be contacted to ensure the installation conforms to the District’s visual inspection, treatment, and vector breeding minimizing guidelines. Devices shall be protected, inspected, and maintained owners or operators of facilities to ensure continuous and fully effective performance as designed. ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 19 of 27■ Butte County Department of Public Health, Environmental Health Division: 28. Approved for 20 employees and 15 customers (at a time) for the septic system. 29. Permitted on-site wastewater system required. Applicant must apply for a wastewater system permit and final the system meeting the following: CSA 114 loading restriction for this site is no more than 662 gallons per day. MUWA of 1,834 square feet has been determined for pressure dose system and 550 gallons per day loading. 30. Calwater connection required. 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 Minor Use Permit, and that I agree to abide fully by said conditions. Date: ______________________ ________________________________________________ Applicant ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 20 of 27■ EXHIBIT C – Site Plan ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 21 of 27■ EXHIBIT D Elevations and Floor Plans ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 22 of 27■ ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 23 of 27■ ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 24 of 27■ ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 25 of 27■ ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 26 of 27■ EXHIBIT E Cal-Trans Comment Letter ■ Butte County Department of Development Services ■ ■ March 16, 2022 ■ Libby MUP21-0005 ■ Page 27 of 27■