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HomeMy WebLinkAboutUP22-0004 Use Permit Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 9 of 71  EXHIBIT A: CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION March 23, 2023 _ DATE: UP22-0004 (Amendment to UP 06- 04) PERMIT NO. 028-260-070 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Paul Sommer and the Maranatha Fellowship Church are hereby granted a conditional use permit to construct a 9,028 square foot addition to the existing 3,456 square foot Church that includes a first story will consist of gym, classroom, kitchenette, storage room, and men’s and women’s restrooms. The second floor will consist of two storage rooms, two classrooms, a restroom and a mezzanine. The addition will be located along the 48’ southeastern side of the existing Church. I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS: 1. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 24-247 Time Limits and Extensions. 3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. 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,  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 10 of 71  the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke the Permit. II. CONDITIONS OF APPROVAL: Planning Division, Department of Development Services: 1. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 1): As a condition of the Use Permit, dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. At a minimum, this would include wetting down areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. b. Haul vehicles transporting soil into or out of the property shall be covered. c. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). d. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. e. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. f. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented. Plan Requirements: The condition shall apply to the use permit. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 11 of 71  Monitoring: Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 2): As a condition of the Use Permit, should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner 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. Plan Requirements: All necessary requirements must be met prior to any site development activities. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: Should cultural resources be discovered, the Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 3): As a condition of the Use Permit, prior to grading, and as a condition of the Use Permit, a Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior to construction. Plan Requirements: A copy of the approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his/her successors, heirs, assigns are responsible for ensuring compliance with the Storm Water Pollution Prevention Plan. The California Regional Water Quality Control Board will respond to any storm water runoff problems. 4. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 6): To reduce construction-generated noise the developer shall, as a condition of the Use Permit, implement the following measures to mitigate construction noise throughout all construction periods:  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 12 of 71  1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction. Plan Requirements: This measure shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. 5. (Conditional Use Permit UP 06-04 - Condition #5) Prior to any development activity or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 13 of 71  approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Butte County Public Works Department 6. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 5): As a condition of the Use Permit, prior to approval of improvement plans, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to approval of the improvement plans, and the required drainage improvements constructed or bonded for construction prior to issuance of a building permit. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction prior to issuance of a building permit. 7. Prior to issuance of improvement permits, deed to Butte County in fee simple an additional 10 feet of right-of-way from the physical centerline of Los Verjeles Road along the property frontage, to complete the 30-foot right-of-way half-width section. 8. Prior to approval of improvement plans, an engineered 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 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-  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 14 of 71  condition peak flow discharge not greater than the pre-development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. Detention facilities must either discharge to receiving channel with no backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition is present when detention facility, with gravity flow, has an outlet elevation at or below the approved 100-year water surface elevation of the receiving channel. If used, stormwater pumps shall have redundant pump systems, back-up power, and discharge control mechanism(s) to prevent discharge during high flow events in receiving channel. 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. 9. Prior to issuance of building permits, the applicant shall provide a recorded covenant for maintenance and operations of storm water facilities, after receiving approval of the draft covenant from the Department of Public Works. 10. Prior to final improvement inspection by the Department of Public Works, all new drain inlets (if applicable) shall be labeled with the county approved drain marker per county standard S-40. Improvement plans shall show and/or note the requirements for labeling inlets pursuant to county standard S-40. 11. Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturbs less than one acre but is part of a larger common plan or development that disturbs over one acre in total. 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. 12. Show all easements of record and right of way on the site improvement plans. 13. Prior to issuance of building permits, pay all applicable mitigation fees in place at the time of issuance. Butte County Fire Department: 14. (Conditional Use Permit UP 06-04 - Mitigation Measure No. 4): As a condition of the Use Permit, construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290/4291), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for permits. Plan Requirements: All requirements shall be shown on building plans.  Butte County Department of Development Services   March 23, 2023  Agenda Report – UP22-0004/Sommers (Maranantha Fellowship Church)  Page 15 of 71  Timing: Requirements of the mitigation shall be adhered to when applying for building permits. Monitoring: The Butte County Fire Department and the Department of Development Services shall ensure that submitted building plans are consistent with appropriate codes. 15. Building will be subject to Fire Department annual inspection. Butte County Environmental Health Division of Public Health: 16. If the facility well will serve 25 or more people per day at least 60 days per year, then submit a public water system application to Environmental Health. 17. If the proposed kitchenette is converted to a kitchen, then submit a food permit application to Environmental Health. 18. If wastewater system exceeds current loading, then submit for a septic expansion permit with Environmental Health. Butte County Building Division, Department of Development Services: 19. All work will require a building permit with full set of plans drawn by a CA RDP to current Codes. (Refer to inhouse building permit B22-3582). II. NOTATION A. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. B. Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements.