HomeMy WebLinkAboutUP22-0004 Signed, Approved Use PermitEXHIBIT 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.
GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS:I.
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.
1.
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.
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,
4.
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the permit shall become null and void and rcapplication and a new permit
shall be required to establish the use.
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.
5.
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.
6.
II. CONDITIONS OF APPROVAL:
Planning Division, Department of Development Services:
I . (Conditional Use Permit UP 06-04 - Mitigation Measure No. IT
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:
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.
Haul vehicles transporting soil into or out of the property shall be covered.
Post a publicly visible sign with the telephone number and person to contact
regarding dust complaints. This person shall respond and lake 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).
All visibly dry disturbed soil surface areas of operation shall be watered to
minimize dust emissions.
Existing roads and street adjacent to the project shall be cleaned at least once
per day unless conditions warrant a greater frequency.
Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
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 ail grading
and construction periods.
a.
b.
c.
d.
e.
f
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Monitoring: Building inspectors shall spot check and shall ensure compliance on
site. Butte County Air Pollution Control District inspectors shall respond to
nuisance complaints.
(Conditional Use Permit UP 06-04 - Mititiation Measure No, 2):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.
(Conditional U.sc 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.
3.
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: 1 he 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.
(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:
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4.
Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no
construction activity on Sundays or holidays;
Use best available noise suppression devices and properly maintain and
muflle diesel engine-driven construction equipment;
Construction equipment shall not be idled for long periods of time;
Locate stationary equipment as far as possible from sensitive receptors;
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. Dcpailment of Development Services shall investigate all complaints of excess
construction-related noise.
(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 aecount for
more than onc-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
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2.
3.
4.
5.
5.
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,
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
his/her designee.
Butte County Public Works Department
(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 ot 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.
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 Verjcics Road
along the property frontage, to complete the 30-foot right-of-way half-widthsection.
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 devcloped-
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No vegetation removal, soil
or
6.
7.
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
How. 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.
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.
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.
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, tilling, 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.
Show all easements of record and right of way on the site improvement plans.
Prior to issuance of building permits, pay all applicable mitigation fees in place at
the time of issuance.
Butte County Fire Department:
(Conditional Use Permit UP 06-04 - Mitigation IVleasure 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 lime of
application for permits.
Plan Requirements: Ail requirements shall be shown on building plans.
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9.
10.
12.
13.
14.
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.
Building will be subject to Fire Department annual inspection.
Butte County Environmental Health Division of Public Health:
15.
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 Mealth.
If the proposed kitchenette is converted to a kitchen, then submit a food permit
application to Environmental Health.
If wastewater system exceeds current loadin
permit with Environmental Fleallh.
Butte County' Building Division, Department of Dcvcionment Services:
16.
17.
then submit for a septic expansionC5’
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).
19.
II. NOTATION
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.
Issuance of this Use Permit does not waive requirements of obtaining Building
and Health Department permits, nor does it waive any other requirements.
A.
B.
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