HomeMy WebLinkAboutUP24-0004 PC Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
January 23, 2025
Jason Taylor jason@bigfoot.homes
Re: Planning Commission Approval – UP24-0004 (Assurance Development); APN: 078-050-031 Dear Jason: Your request for a Conditional Use Permit was approved at the Planning Commission
meeting on January 23, 2025. Should you desire to appeal the decision of the Planning Commission, you must do so in writing, before 4:00 p.m., Monday, February 3, 2025, to the following:
Department of Development Services
Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $857.89 must be paid at that time. If you do not appeal within the 10
calendar-day appeal period, the action of the Planning Commission is final. The conditions of approval for your project must be met within twenty-four (24) months from the date of approval. If the conditions of approval have not been met within this time,
your use permit will expire and become null and void unless a time extension is applied for
prior to the expiration of the use permit (Butte County Code §24-247). A mitigation and monitoring retainer fee is now due for $877.40, any unused portion will be refunded to you. You may submit a check or pay online referencing project number UP24-0004, I have attached the online payment instructions (a 2.49% convenience fee will apply
if paid online). If you pay online, please let me know after the payment has been made. At this point, the Oak Tree Avoidance and Mitigation Report from your qualified professional is pending (BIO-1).
Should you have any questions, please contact me at (530) 552-3685 or by email at
tweems@buttecounty.net.
Sincerely,
Tristan Weems, AICP, Senior Planner CC: Nicole Ledford, NorthStar Engineering
Attachments: Online payment guide Conditional Use Permit
1 of 1
Szxc
Online Payment Instructions
If you have a land use or zoning question or comments regarding a specific planning
application, you may call our main phone line and speak with a Planner at 530.552.3701 or
email our staff at dsplanning@buttecounty.net. A response will be provided within 24
hours. To obtain electronic applications together with application guides and materials,
please visit https://www.buttecounty.net/364/View-Project-Application-Forms.
You may also contact a Planner for the appropriate electronic application, guides, and
materials. Once an application has been completed, please email the application and
supporting documents to dsplanning@buttecounty.net.
A Planner will review the application materials to determine if it is complete for intake., A
Planner will respond by phone or email and provide a project number (i.e., ADM21-0202)
and also will advise you on the fees necessary for your application submittal. Once you
have your project number, you may pay application processing fees online by visiting:
https://permits.buttecounty.net/etrakit/
Step 1. Under “Projects” select “Pay Fees.”
Step 2. Set up a new account and/or log in with your username and password.
Step 3. Under “My Dashboard,” select “Search Projects.”
Step 4. Enter the project number: For example, "ADM21-0202," and select the project in
the search results.
Step 5. Click the “Fees” tab.
Step 6. On the bottom right of the screen, select “Pay All Fees.”
Step 7. In the Shopping Cart, select “Proceed to Checkout.”
Step 8. Select “Proceed to Payment.”
Step 9. You will be redirected to the PayGov website, where you will then Pay the fee.
Step 10. Email us at dsplanning@buttecounty.net once you have completed your payment
Butte County Department of Development Services PLANNING DIVISION
7 County Center Drive, Oroville, CA 95965
Planning Center Phone 530.552.3701 Fax 530.538.7785 dsplanning@buttecounty.net
FORM NO PLG-24
EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION January 23, 2025
DATE OF APPROVAL:
UP24-0004
PERMIT NO.
078-050-031
ASSESSOR’S PARCEL NO.
This Conditional Use Permit, pursuant to the provisions of the Zoning Ordinance of the County of
Butte and the special conditions set forth below permits the following: development of a 24-unit
mobile home park as an extension of the existing Iron Oaks mobile home park located directly to
the north of the project parcel. The project also includes 5 standalone personal vehicle parking
spaces and 5 recreational vehicle storage spaces (without hookups). The project site is 6355
Lincoln Blvd, located approximately ½ mile east of the Oroville City Limits APN 078-050-031 in
the Medium High Density Residential (MHDR) zone. The project will be served by a community
on-site septic system and is served by South Feather Water and Power Agency for potable water.
The site takes access from County maintained Lincoln Boulevard and is located within the City of
Oroville Sphere of Influence.
I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS:
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance, including
Butte County Code section 24-251 (Permit Revocation and 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 permit must be established within two years of the date of approval.
3. Changes to this Use Permit may be approved in accordance with the requirements of
Butte County Code section 24-246 (Changes to an Approved Project).
4. If any use for which a Use Permit has been granted is not established within two years of
the receipt of the permit by the Permittee consistent with conditions of approval herein,
the permit shall become null and void and reapplication pursuant to Butte County Code
section 24-248. Resubmittals 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 one-
year extension is submitted to the Planning Commission together with sufficient evidence
that the time limits for processing development permits under federal or State regulations
require time limits which exceed one year. Upon application, and for good cause by the
Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning Code, the
Planning Commission may extend any time limit previously made a part of any condition
to a Use Permit.
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:
Department of Development Services, Planning Division
1. Mitigation Measure AES-1:
All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to
the premises. A light source shall not shine upon or illuminate directly on any surface other than
the area required to be lighted. No lighting shall be of the type or in a location such that it
constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Development Services Department shall investigate and respond to any
complaints of excess glare or light originating from the project site.
2. Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the
project applicant, subject property owners, or third-party contractors during construction activities
on the project site. These measures are intended to reduce criteria air pollutants that may
originate from the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater
than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be
posted in the designated queuing areas and/or job sites to remind drivers and operators of the
five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is
prohibited.
• All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic and
determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control
strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth
for greater than 5 minutes at any location when within 100 feet of restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce
peak hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with
applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB
throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and
businesses near a construction site. Dust complaints could result in a violation of the District’s
“Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of
measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. An adequate water supply source must be identified. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)
water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District-approved
alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any soil
disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial
grading should be sown with a fast-germinating non-invasive grass seed and watered until
vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air
Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the
contractor and the Butte County Air Quality Management District - (530) 332-9400 for any
questions or concerns about dust from the project.
All fugitive dust mitigation measures required shall be shown on grading and building plans. In
addition, the contractor or builder should designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust offsite. Their
duties shall include holidays and weekend period when work may not be in progress. The name
and telephone number of such persons shall be provided to the District prior to land use clearance
for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal penalties of
up to $25,000 per violation.
Plan Requirements: This note shall be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: The Butte County Department of Development Services shall ensure that the note
is placed on all building and site development plans. Butte County Air Pollution Control District
inspectors shall respond to nuisance complaints.
3. Mitigation Measure BIO-1
Prior to development, the parcel owner shall submit an Oak Tree Avoidance and Mitigation
Report prepared by a qualified professional having experience in California Oak Woodlands and
is either a qualified biologist, certified arborist, or registered professional forester that identifies
the location of each oak tree that is 5 inches or more in diameter at breast height within the
project area, and which, if any, oak tree(s) would be impacted by project construction. An impact
is defined as removal or damage to any tree component, including limbs and the root structure
between the trunk and canopy outward from the trunk to the dripline that may occur during the
course of land clearing and other construction operations. Impacts to oak trees as a result of
site disturbance may be subject to mitigation as determined by Butte County pursuant to
California Public Resources Code 21083.4. Mitigation will be addressed at the discretion of
Butte County 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. Replanted oak trees should be maintained for a period of
seven years after they are planted and shall not fulfill more than one-half of the
mitigation requirement for the project. If any of the replanted oak trees die or become
diseased, they should be replaced and maintained for seven years after the new oak
trees are planted.
• A replanting schedule and diagram for trees removed by site disturbance activities
consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County
Ordinance, if any, should be submitted to and approved by the Director of Development
Services or his/her designee. Replanted trees should be planted in areas deemed
appropriate by the Plan.
• Conservation easements or funds for off-site oak woodlands conservation should be
proposed to and approved by the Director of Development Services or his/her designee.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: Butte County Development Services shall review and approve each Oak Tree
Avoidance and Mitigation Report and inspect each property post-construction to ensure
mitigation requirements, if any, were met.
4. Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.;
structural remains; or human skeletal remains) work within 50 feet of the find shall immediately
cease until a qualified professional archaeologist can be consulted to evaluate the find and
implement appropriate mitigation procedures. If human skeletal remains are encountered, State
law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner
determines that the 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. The provisions of
this mitigation shall be followed during construction of all improvements, including land clearing,
road construction, utility installation, and building site development.
Plan Requirements: This note shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction
activities.
Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning
Division and a professional archaeologist. The Planning Division shall coordinate with the
developer and appropriate authorities to avoid damage to cultural resources and determine
appropriate action. State law requires the reporting of any human remains.
5. All utilities shall be installed underground.
6. All structures in the mobile home park shall be setback at least twenty-five (25) feet from
Lincoln Boulevard.
7. Not more than one (1) single family mobile home may be placed on a mobile home site.
8. Mobile home park streets shall be paved in accordance with State of California standards.
9. Drainage facilities and encroachments to public roads shall be in conformity with
Department of Public Works standards.
10. The number of parking spaces shall be provided as follows: 1 per dwelling plus 1 guest
space for every 5 dwellings and 1 recreational vehicle parking space for every 5 dwellings.
11. Each personal vehicle parking space must be at least 9’ wide, and 19’ in depth.
12. If tribal cultural items or Native American human remains are found contact the Tribal
Historic Preservation Officer for the Mooretown Rancheria at:
Matthew.hatcher@mooretown.org.
Department of Public Works, Land Development Division
A. STREETS
13. Encroachment Improvements: Prior to issuance of any permits for this project, the
applicant shall obtain an encroachment permit to improve all new and existing road and driveway approaches to publicly maintained roads as specified in county Improvement Standard S-18B and the terms of the encroachment permit and improvement permit, and
for temporary traffic control to manage vehicles entering and exiting the site during construction. As part of the encroachment permit, the applicant shall submit road and drainage improvement plans to the Public Works Department for the encroachment
improvements. Adequate sight distance at the intersection of the project access and public roads shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided.
14. Project Signage and Landscaping Sightlines: Any signs, monuments, other structures, or landscaping to be placed near the proposed new intersections shall be designed and installed to maintain adequate sightlines.
15. Traffic Safety Signs: The location of any street sign installations shall be shown on the improvement plans for review and approval. Prior to final road inspection, install all necessary traffic safety signs including stop signs. Street signs shall be of the type and size shown in the Butte County Improvement Standards. Stop signs, speed limit signs, and other traffic control signs shall be of the size and type and shall be installed in locations
that are in conformance with the State of California Manual of Uniform Traffic Control Devices and approved by the Public Works Engineering Department.
B. SOILS, DRAINAGE, FLOODING
16. Drainage Report for Standard Drainage Design: Prior to issuance of improvement permits, an engineered plan for a permanent solution for drainage shall be submitted to and
approved by the Department of Public Works in compliance with Section 10.0 of the County’s Improvement Standards. 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-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 the 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.
17. Maintenance of Drainage Facilities with Recorded Covenant: Prior to issuance of any permits for this project, the applicant shall provide a legally binding drainage maintenance mechanism such as a recorded storm water drainage covenant for the maintenance and operation of onsite drainage facilities.
18. Drain Markers: Prior to final improvement inspection by the Department of Public Works, all new drain inlets 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.
19. Stormwater Quality Management: 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 are part of a larger common plan or
development consisting of one acre or more of total disturbance. Coverage under this
General Permit must be obtained from the State Water Resources Control Board prior to
starting construction. To apply for coverage under the CGP the property owner must
submit Permit Registration Documents electronically prior to construction. Detailed
information on the CGP can be found on the State Water Board website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction/
general_permit_reissuance.html). 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. The Project must be conditioned to
implement storm water pollution controls during construction and post-construction as
required by the CGP.
Butte County Department of Public Health, Environmental Health Division
20. Certified designer site evaluation and design of the pressure distribution wastewater septic
system for 24 units.
21. Apply for a septic construction permit.
The following two conditions may be applied after septic construction permit approval and
required for release of occupancy:
22. Apply for access inspect and permit notification (AIPN) form.
23. Apply for Operating permit.
Butte County Fire Department
24. Construction, installation, or development of buildings and/or roads, driveways, gates,
and bridges on parcels/lots shall comply with the current adopted California Building
Standard Codes, Butte County Improvement Standards, and all other applicable State
and County Codes, ordinances and regulations, in effect at the time of application.
25. A fire hydrant shall be installed at the midpoint of the easterly connection road. The
required average hydrant spacing is 500 feet, reduced by 100 feet on dead-end streets
or roads. Hydrants must have a minimum 6-inch barrel and provide a residual fire flow of
2,000 GPM at 20 PSI. This fire flow may be reduced to 1,500 GPM if all structures in the
development are equipped with sprinklers. Installation must be completed prior to the
arrival of any manufactured homes, mobile homes, or recreational vehicles onsite.
Hydrant installation plans must be submitted to the Fire Department for review and
approval prior to construction. Note that local water agency requirements for hydrants
may be more restrictive.
26. A lighted map shall be installed at the park entrance, large enough to be legible from a
vehicle. The map must display all dwelling units with their respective numbers and
clearly marked street names or letters for easy navigation.
27. Address numbers shall be installed at the front of each dwelling unit. The numbers must
be at least 4 inches in height with a ½ inch stroke, color-contrasted for visibility, and
reflective for easy identification in low light conditions.
28. The applicant shall create and maintain a Vegetation Management Plan aimed at
reducing wildfire intensity by minimizing the volume and density of flammable vegetation
within the site. The plan must comply with Butte County Municipal Code Chapter 38A
and be submitted to the Butte County Fire Marshal's Office for review and approval prior
to the commencement of construction.
Butte County Department of Development Services, Building Division
29. A Permit from the State Department of Housing and Community Development is required.
30. Any stick-built structures may require permit from Butte County Building Division.
California State Central Valley Water Board
31. Isolated wetlands and other waters not covered by the Federal Clean Water Act. The
Central Valley Water Board has regulatory authority over wetlands and waterways under
the California Water Code, Division 7 (CWC). Some wetlands and other waters are
considered "geographically isolated"from navigable waters and are not within the
jurisdiction of the Clean Water Act.(e.g.,isolated wetlands,vernal pools,or stream banks
above the ordinary high-water mark).Discharge of dredged or fill material to these waters
may require either individual or general waste discharge requirements from the Central
Valley Water Board.If isolated wetlands or other waters exist at the project site,and the
project impacts or has potential to impact these waters,a Report of Waste Discharge and
filing fee must be submitted to the Central Valley Water Board.The Central Valley Water
Board will consider the information provided and either issue or waive Waste Discharge
Requirements.Failure to obtain waste discharge requirements or a waiver may result in
enforcement action.Any person discharging dredge or fill materials to waters of the State
must file a report of waste discharge pursuant to Sections 13376 and 13260 of the CWC.
Both the requirements to submit a report of waste discharge may be met using the same
application form,found at Water Boards 401 Water Quality Certification and/or WDRs
ApplicationfhttDs://www.waterboards.ca.qov/water issues/orograms /cwa401/#resources
Application/Report of Waste Discharge.If it is determined that the wastewater treatment
and disposal system cannot be regulated under Butte County’s Local Agency
Management Program (LAMP),a Report of Waste Discharge (ROWD),Form 200 and
pporting information must be submitted at least 140 days prior to discharge.The Central
Valley Water Board will consider the information submitted and either issue or waive
Waste Discharge Requirements.Information can be found at Water Boards Central Valley
Permit lnformation(https://www.waterboards.ca.gov/centralvalley/help/permit).
APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF
APPROVAL:
I hereby declare under penalty of perjury that I have read the foregoing conditions,that they are,
fact,the conditions which were imposed upon the granting of this Use Permit,and that I agree
to abide fully by said conditions.
32.
su
in
Date: