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024-160-030
100 FILE 'NO.: PROJECT TYPE APN: APPLICANT: ADDRESS: PHONE: OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: I ! a. PROJECT SUMMARY SHEET UP 04-11 Use Permit 024-160-030 Yvonne Moore 585 Meyers Avenue, Gridley,- CA 95948 (53.0) 695-3814 Yvonne Moore 585 Meyers Avenue, Gridley, CA 95948 PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue LOCATED: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley PROPERTY ZONED: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) TOWN/AREA: Gridley L Application accepted: 11/5/2003 -Amount: $ 1114.00 Receipt #: 391307 2. Assigned To: Mark Michelena 3. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, California Department of Forestry, Building Manager, County Counsel', Sheriff, City of Gridley, Animal Control NeW 4. , Sent to Inter -Departmental Review Committee (IDR): 5. Date scheduled for IDR: 12/03/03 710-I 6. Comments received from: 7. Rezone Petition Signatures Checked: 8. Mailing List/Lead-in Sheet: 9. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration O1f MiP ! /Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. - CEQA # 15061. (bx3) Other 10. Staff Report: Project Video: 11. Clearinghouse circulation required: Yes No Date Sent to SCH: 12. Publication Notice Written: Display Ad Prepared: 13. Notices Mailed: Number of Notices: 14. Newspaper Publication Date: O C P Go B 15. Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No.: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type Use Permit/Send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Use Permit: Assessor's Memo: Copy of Use Permit to Planning Technician: Fish & Game Fees Paid: Yes No W] COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 316 FUND DESCRIPTION TITLE DEPOSIT DATE: 11.6 RECEIPTS: 391307 ATR NO FUND DEPT ACCT CASH CODE CODE CODE CODE PCANti ING-'APPL FEES GENL 0010 440001 42NOM 101001 Project Number Amount of Fee '#0 16U30Y Moore UP Q4-91 " _ �^ l0010 $700 LAND DEVELOPMENT GENL 440034 4611700 101001 Project Number Amount of Fee #024-16"30 Y Moore UP 0411 $150 ENVIRONMENTAL HLTI-I GENL 0 810 54MM 4614901 101001 Project Number Amount of Fee #024160-030 Y Moore UP 04-19 $185 FIDE PLNG APPL FEE 'FIRE PROTECT 0100 4517240 101001 Project Number Amount of Fee #024-1M030 Y Moore UP -04-1 1 $43 N®®dRIOE;C�E:F� .FILING FE GENL 0010 O _ . _ 47MOI 4612319 101001. (M) Project Number Amount of Fee #024 -98Q -Q30 Y Moore UP 04-99 ' ''� `� -,$30 — 68695 111612003 AMOUNT 700-00 150.01 135.01 43.00 36.00 TOTAL. 1$114.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: f� By white=tcbasurer pink --auditor canary -depositor C� golden role // .1 r -6 '.. Counter.... f.Peison 'Carl rDDS Planning} 1' Yx Y " i $ 00.0 7 0 (GeneralfFwnd) Payment"bats; � x11/5/2003 NPubI�c "NE Nin $150 00 h HU MW , Recei t Numbers 7 P k ��— 341307 —' r w 5 Env�ronmentaliHealth -- -- -- $185.00 1 a i :.g _',.`, r: k ii i - i } IRMd',Fro�mSutter ' u L Buttes Canine Rescue, Yvonne Moore h +CDFf Fire De artment.........$....4....3........0.....0 ,)t - 1"4..4.5 is. x.:..x....x �:'�.�'i%': ...... ....,Y' .--'--. _...__. __.._............... --... � .. �Applrcant r :Yvonne w" -- Moore NOES t Recordm Fedni i 00 , e ---------------$36. — —36 � $0.0 0 w Appl�cet�*�nNum�t;er r P .._._--- IU__04-1 $�1; 50O�or $2,000rR r ! o'r�in R, eference To,� .. i -- ------ " Planni g ew / R n �Re�n EI r-- - _i — $0.00 Pa�ceilNumber^K 024-160-030 �_.—__—. .. .. ,fi } m fx ' t: .: a„ ,w�'sM:.:...,+: s a v ...:mx:._x ..v . x.. E_.i - •, . / m •00 $0.00 #CheckNumber/xCash-___i * S i - Ihixi•£ L f • x:i _.:':.. xlfk x.k,x � •. '' 3 ......53 hL.� _ ... . $0.00 s Non'YSufficent # $0.00.... �` Funds f ($25 OO Fee) • •• $0.00....--.. S iMI.--=-.--------- cnies a C,�op -= $0 00-- ,�ubli . Other $0 00 - s. ". '. `` :. �, Ma. _ ,��„ •sM�i._,_ sax .. . .... ...................... .. .. .............. . vxounosdov November m�0000 . . . lCounter PersonICad ___ ____ - Payment Date 11/4/2003 Receipt Number 391307 Development Services { PLANNING DIVISION Ver. 1.0 * 0 -- - --- - - - $700.00 Rescue, Yvonne Moore (General Fun Yvonne Moore Applicant Application Number ^opo4'11 -------' or In Reference To -- ' - ' - -- 024'160'030 | | Parcel Environmen _ _ - ---- -- 1543 Check Number Cash `-- '---- Total Received9114.00Total (Recording Fee) ees 14.00 * 0 1 $700.00 DDS Planning (General Fun Public Work�-7 . $150.00 / $185.00 Environmen ------------- CDF (Fire De | $43.00 . `-- '---- ------ $36]0 (Recording Fee) Aunt Minnie -'-----'--- $0.00 $2,----] 000 --' -` --------- -'' ' ---- $0.00 $0.00 | | $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower Public Sales Copies | $0.00 $O/0 i * 0 r - r - ., Alk DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: \Iuonnt ff)otDr,,P_ 6 a - 1 0- o ADDRESS: STREET, CITY, STATE, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) l { � V — NAMEOI ROPOSED POJCT(If any) uesUv es Giq-n1 Rescue - TELEPHONE: (5 50 4' 3FI LOCATION OF PROJECT (Major cross streets and Address, if any) cross row d, "',V r n , GENERAL INFORMATION REQUIRED OWNER'S NAME: TELEPHONE: Qunn.e, Mono. ( )6K 3215� ADDRESS:CITY, STATE, & ZIP CODE: _ 8 5 Me� r5 � CCS Q ye ZONE A-_qo GENERAL PLA or-c_4��tI(A�7 EXISTING LAND USE � ��� SITE SIZE (in Square Feet or Acres) X700 s � 'e EXISTING STRUCTURES (in Squares Feet) SiVy.)ay PROPOSED STRUCTURES (in Square Feet) 2 (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC, PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP USE PERMIT BUTTE COUNTY ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION NOV 0 5 2003 Q VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVELOPMENT ❑CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT SERVICES ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT 2 OTHER &enact Ly c'2l7sie_ PROJECT DESCRIPTION. FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) 4 4 CA C a' -VI Ire G /i / h OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include th9A affidavit with this application.) t, DATE: SIGNATURE: K:\FORMS\UNIFORM APPLICATION Page I of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number �_) - Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - This authorization allows representation for all applications, hea ' gs, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) ating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name Si.,n�ture Signature Architect and/or Engineer: Phone Number (_) Print Name of Arch i tect/Enginee . Mailing Address FOWOFFICE USE ONLY Verify: Date Received: 1111W 0,3 Total Amount Received: E]`;�_PNumber(s) ❑ Legal Description ❑owners Authorization []Zoning Requirements ❑-roject Description ❑-2Opies of plot plan Taken by: J,Q Receipt No. PW/LD %� Plan 00 E.H. L9 CDF 3 NOD/NOE Fees 34 Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". K:IP0KN4S'UNIP0RM APPLICATION Page 2 of 2 • BUTTE COUNTY COUNTY OF BUTTE NOV 0 5 2003 ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) DEVELOPMENT SERVICES Date Filed GENERAL INFORMATION: 1 . Name and address of owner, and/or developer, and/or project sponsor: 2. 3. 4 Address of project: Assessor's Parcel Number: 10 22 L/ — Name, address, and telephone number of person to be contacted concerning this project: List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: 6. Existing zoning district: I e_ YP 1 7. How is land currently used? _ l o'. .!, �' R l C�. Dog /Weand� 8. Propose of site (Project for which this form is filed): CC,- e n Y) Project Description: If 9. Site size: ���© S� / ;;?Q/%f%6/� 10. Off-street parking spaces: Full size: I 0 e;A-fw Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule 13. Associated projects 14. Anticipated incremental or phased development ❑ Butte County Department of Development Services ❑ Planning Division ❑ (Acres/Sq. Feet) 0 Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? checked yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Discuss below all items 0 Butte County Department of Development Services 0 Planning Division 0 NO x 0 0 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.); intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. 1 62 'VMNU4 Date Sign ure BUTTE COUNTY. NOV 0 5 2003 DEVELOPMEM SERVICES K:\Planning\FORMS\Submittal\ENV-INFO.FRM ❑ Butte County Department of Development Services O Planning Division ❑ C 3a--�33 0 4 We are surrounded by walnut orchards and livestock. We are a single residence per parcel. The project site consists of a shed for bathing the animals. And for storage of the food and supplies. There kennels for housing the animals and a fenced area for exercising during the day. All surrounding properties are agriculture and residential. BUTTE COUNTY NOV U 5 2003 DEVELOPMENT SERVICES USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1 . ❑ L/A com leted, signed, Uniform Application m lication and Environmental Information form. If the p g application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. ?. ❑ D//Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains.) (Planner advises applicant) 3. ❑ LJ Tliirt -five 35 copies of plans which shall include a detailed site plan drawn to scale. All Y ( ) p P plans shall be drawn on uniform size sheets norg eater than 24" x 36". The finished plans shall be folded to 8 %" x l 1 ". The detailed site plan must include: a. ❑ Name and address of Applicant, Engineer and/or person who prepared the plan b. ❑ Property lines and lot dimensions BUTTE c. ❑ ["M Assessor Parcel Number(s) and the street address. COUNTY NOV 0 5 2003 d. ❑ ❑ Proposed use and/or uses of the property. DEVELOPMENT SERVICES e. ❑ Proposed landscaping plan, if applicable. 1. ❑ Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). ❑ FF/T Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 l� . ❑ ❑ Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for preservation, such as oak trees. I. ❑ Any existing faults or fractures and geologic hazards. j. ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. k. ❑ [A All plans must be clear and legible. 4. ❑ One copy of 8 ''/2" x 11" transparency reduction of the detailed site plan. 5. ❑ D A vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte Countv Planner the following checked items will be required to be submitted at the time ol'application: (optional) 6. ❑ ❑ One (1) set of colored plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Mer. Portions waved ❑YES ❑ NO 7. ❑ ❑ One (1) full size r%roducible sepia for ch sheet in the plan set of the detailed site plan. 8. ' ❑ ❑ Building materialample bo rd, 8 ''/z" X 11". 9. ❑ ❑ Detailed site plan includingt e following: a. ❑ ❑ Building setbacks f/om the Apiate road right-of-way (front, rear, sides) b. ❑ ❑ Proposed and Aisting on-site drive\ays and/or roads. C. ❑ ❑ Location/eight, and materials of walls a\d fences (sections may be required). d. ❑ ❑ All driveways, drawn to scale, on adjacent and across the street properties within 100 feet of the subject site. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 e. ❑ ❑ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 F. ❑ ❑ Typical street section(s). g. ❑ ❑ Nearest cross streets i both sides with plus or minus distances from subject site. h. ❑ ❑ Appro imate loca on of all buildings within 100 feet, on adjacent properties. I. ❑ ❑ Propose metl d of sewer and water connection or alternative method of sewage disposal a d otable water supply. M Iwo ❑ Existing dN ❑ Acce , both p etre s. ❑ IXlternal circulation fire hydrants. an and vehicular, showing service areas and points of ingress and ❑ ,� Elevation contours, at a minim"'um per USGS maps. 10. ❑ ❑ Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan. (Dimensions may be excluded from this plan.) 11. ❑ ❑ Conceptual Grading Plan .Items to be shown include: ❑ ❑ Natural a%cutan e prese ed. b. ❑ ❑ Proposedfill realin contrasting colors of zipatone pattern. c. ❑ ❑ Existing and prop6seXcontours within 100 feet of project boundaries. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion controlAiieasures (e.g. - slope landscaping). f. ❑ ❑ Na g. ❑ ❑ ElevatRn/and finished contours. h. ❑ ❑ Locat4n of 'ret4ning walls, drainage channels and existing structures. I. ❑ ❑ Lo/ation, elevation and size of proposed building pads. I -) ❑ ❑ Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature:/ /- a��% Date / L/ Applicant/ pr en ative Signature: e��d:� Date: Planner Receiving Application ti:',I'I:uwinc•PORNIS\Suhmival\CIiECKLMUSEPL'•RMURM BUTTE COUNTY NOV 0 5 2003 DEVELOI'mE;i'" SERVICES IF INSUFI=ICIENT INFORMATION 1S SUBMITTED, THE APPLICATION WILLBEDEEMED INCOMPLETE. 4 Name: Yvonne Moore Project: Use Permit UP 04-11 Planner: Carl Durling APN: 024-160-030 Zoning: A-40 Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. Proposal: Use Permit to allow a nonprofit rescue dog kennel for up to 18 dogs. Mr. Durling gave a brief summary of the project. He said this was a dog rescue facility. There was a letter submitted by Ms. Moore. Mr. Durling asked that Condition 5, Mitigation Measure 3, be modified for the language to be consistent with the letter from Ms. Moore. The hearing was opened to the public. Yvonne Moore said she was looking forward to getting this started and asked that this be approved. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Leland, seconded by Commissioner Wilson, and unanimously carried to approve the Use Permit for Yvonne Moore, subject to the findings and conditions listed in the Resolution and Exhibit A, adding to I. C. of the Resolution "The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965.", and change Condition 5, the first paragraph to read "Immediately upon approval of the Use Permit, the applicant shall prepare plans and expeditiously pursue condition of the proposed kennel, including preparation of a plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste." There is a 10 -day appeal period on all decisions with the Clerk of the Board. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 27, 2006 ■ PAGE 2 ■ E�yp , � okv w I -C sailAflas v,NaWd(naAlG . 400Z 1.0 AON 1 1w 71TYI 71 W W 195' f► � cz ih314,r, O'IAA?a £OOZ 5 G AGN AIK(103 311ML Lc. Zi NOTICE OF DETERMINATI( TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning � %O 7 County Center Drive, Oroville, CA 95965 POSTED THROUGH SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 024-160-030 Project Title: UP 04-11, Use Permit Applicant: Yvonne Moore, 585 Meyers Avenue, Gridley, CA 95948 Contact Person: Carl Durling Telephone Number: 538-7601 Project Description: Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Project Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on July 28, 2006 and has made the following determinations regarding the above-described project: 1. The project [—]will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR. Butte County Department of Development Services 7 County Center Drive OrovilYe� CA J0596-5_,/fjA4 i Cfdiqes Thistlet aite, Deve opment Services Planning Manager Mitigation Measures: Mitigation Measure # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This condition shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development 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. 4. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 5. Mitigation Measure # 3: Within 180 days from the issuance of the Use Permit for the existing Kennel, or prior to issuance of building permit for the new Kennel, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. 4 Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 6. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Yvonne Moore 585 Meyers Avenue Gridley, CA 95948 Project Title/File Number: Use Permit, UP 04-11 APN: 024-160-030 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. 'De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3 El OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # 391307 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: August 7, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 04-11, on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Project Description: Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Findings of Exemption (attach as necessary): The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: C es Thistlethwaite, Development Services Planning Manager Lead Agency: Planning Commission Date: August 7, 2006 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AINr"D. TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG #316 DOTE 68695 111512003 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE: CODE: CODE: AMOUNT DEPOSIT DATE: 11-5 RECEIPTS: 391307 PLANNING APPL FEES GENL 0010 44!0001 4210 101001 700.00 Project (Number Amount of Fee #024-1 M030 Y Moore UP 04-11 $700 LAND DEVELOPMENT . GENL 0010 440004 4511700 101001 150.00 Project Number Amount of Fee #024-160-030 Y Moore UP 0411 $150 ENVIRONMENTAL HLTH GENL 0010 540003 4614901 101001 185.00 Project Number Amount of Fee #024460-030 Y Moore UP 0411 $185 FIDE PLNG APPL FEE • FIRE PROTECT 0100 4917240 101001' 43.00 Project (Number Amount of Fee #024460-030 Y Moore UF -04- i 1 $43 NODINOE CLERKS FIL114G FE GENL 0010 470 301 4612310 101001 36.00 ($W) Project (Number Amount of Fee #024-160-030YMoore UP 04-11 _ $30 ' TOTAL. $ '69' 14.®® APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER BY: .t fl-' i BY: white --treasurer pink --auditor canary --depositor golden rode C4, Butte County Departrnent ofDevelopment Services Tim Snellings, Director www.buttecounty.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 12, 2006 Yvonne Moore 585 Meyers Avenue Gridley, CA 95948 Re: Use Permit UP 04-11, APN 024-160-030 Dear Yvonne Moore: Enclosed is your validated Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue, located on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of. Should you have any questions regarding this matter, please contact this office between 7:30 a.m. and 4:30 p.m., Monday through Friday. , Sincerely, Tina Bonham Office Specialist, Senior - enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) G.I.S. (w) Postal CERTIFIED MAIL. RECEIPTm ru I (Domestic Mail Only; No Insurance Coverage Provided) `° 0FFICVAL Postage . $ ru fO certified Fee C3 O Pi ReturnReceipt Fee Postmark r O (Endorsement Required) Here � Restricted Delivery Fee (Endorsement Required) ,a Total Postage & Fees $ Lrl O sent r 5. ,I r� c - - Yvonne Moore s�aai _ , , .. . - •---------- I orP... 585 Meyers Ave. '= °rty ' Gridley, Ca 95948 • • Butte County Department ofDevelopment Services Tim Snellings, Director www.buttecountv.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Yvonne Moore, UP 04-11 DATE: October 12, 2006 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 024-160-030, was: Rezoned from Granted a variance to to zoning district. X Issued a conditional Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue, located on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of, zoned A-40 (Agricultural, 40 -acre parcels). USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 04-11 -PERMIT NO. 024-160-030 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Yvonne Moore is hereby granted a Use Permit for a private dog kennel for up to eighteen (18) dogs. 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 Sec. 24-45.65. 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. 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. 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 Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a 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 Section 24-45.25 above, the Planning Commission may extend any time limitation 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 be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 1 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 a Permit. Conditions of Approval: Planning Division: 1; The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This condition shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development 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. 2 tir 4. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 5. Mitigation Measure # 3: Within 180 days from the issuance of the Use Permit for the existing Kennel, or prior to issuance of building permit for the new Kennel, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 6. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise - related complaints regarding the project and the level of -noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some 3 relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing:. The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. 7. The new kennel shall be developed in accordance with the approved project site plan, conditions contained herein, and all applicable County codes and requirements. Said site plan is on file in the Planning Division, is identified as `Exhibit D" is incorporated herein by this reference. 8. All dogs kept on the site shall be owned by the applicants or person(s) residing on the property. Boarding of dogs owned by others shall not be permitted. 9. The kennel structure shall comply with all applicable building and electrical codes. 10. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees and/or Department of Fish and Game fees. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. Building permit applications for the new facility shall be submitted within six months following approval of the Use Permit. The existing facility shall be demolished upon occupancy of the new facility. California Department of Forestry 13. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 14. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 4 Building Division 15. Building permits shall be obtained for the new kennel structure. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Environmental Health Division 16. Obtain a permit to operate a kennel from Butte County Health Department, Animal Control Division. The kennel permit shall be obtained from the Animal Control Division within 30 days of the issuance of the Use Permit for the existing facility or prior to the issuance of building permits for the new facility. All conditions required by the Animal Control Division shall be implemented prior to issuance of the kennel permit. 17. Must install sewage disposal system for the new kennel under permit from Environmental Health. Installation, and must be designed so that waste can be washed directly into the septic tank. Puhlir Wc)rkc 18. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the SR -99 frontage of parcel. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: 9 pplicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before761g, construction, nor does it waive any other requirements. Butfe County Planning Commission Chairman 5 CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office Me 1�1 T 0 E %J . ............ . -V WK 15 C7,1 L. V) a��_ 76 APPROVED topnteAt Plan DA -M N - USE PERMIT VAWAM MINOR U.P. nmmmcommm. PLANNING MANAGER 'All a \j, Ln C=) Sit JI COUNT"Y OF BUTTE FIELD OROVILLE, CALIFORNIA PURCHASE ORDER S:. D Gridley Herald P P.O. Box 68 L Gridley, CA 95948 L I E R Issued By Planning Department NUMBER FUG& -32J3 - Issued - DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 3/3/05 AMOUNT PUBLIC NOTICE x5p 40-001-53 2 To be published in the Gridley Herald on Friday, 3 July 5, 2006. 4 Please furnish this office two copies of the affidavit of 5 publication. 6 (Moore_- UP -04-11)-00 �\^� Lynn - 538-7602 Butte County Planning 7 County Center Drive ` Oroville, CA 95965 w I TOTALS J 6 - -) y I I, the undersigned, hereby certify that, to the best of my knowledge, the S i or articles specified above have been performed or delivered or, where a;tho/dzed, are hereby contracted for and that t re ' u ropriation for the same.' F 06-328 Date: li WIXparUffent Heador Authorized Deputy Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD 11 " f • THFr ] L Ey E RK A L D Post Office Box 68 Twice -A -Week Gridley, CA 95948 630 Washington Street BUTTE COUNTY PLANNING Phone 530) 846-3661 7 COUNTY CENTER DRIVE FAX 846-4519 OROVIiLE CA 95965 www.gridleyheraid.com DATE JULY 14, 9006 DESCRIPTION AMOUNT TOTAL LEGAL NOTICE (MOORE-UP 04 11) 6.5 INCHES @ $9.00/INCH $58.50 BUTTE COUNTY JUL 17'2003 DEVELOPM EN i• SERVICES PROOF OF PUBLICATION No. E a6- 399' In The Matter of m6a� id. 9,f -l( (State of California) -(County of Butte) as The undersigned resident of the County of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of: The Gridley Herald That said newspaper is one of general circulation as defined by Section 6000 Government Code of the State of California, Case No. 27,207 by the Superior Court of the State of California, in and for the County of Butte; that said newspaper at all times herein mentioned was printed and published twice a week (on Wednesdays and Fridays) in the City of Gridley and County of Butte; that the notice of which the annexed is a true printcd copy, was published in said newspaper on the following days: �uaL . I cerdfiy (or dec e), under penalty of perjury, that the foregoing is true and correct, at Gridley, i'alif^rnia BUTit COLNTY PLNNINa C^� LEI+�� t NOTICE OF PUBLIC HEeRINd ' NOTICE OF INTENT TO ADOPT A mQ-e D NE •eTIVE OEG Alm Notice Is hereby given b the Butte County Planning Commission that a pub"c hearing r be held on Ju � 27, Meat 9:00 a.= Butte. County Board of SupeMsors' Room, County Administration .Center, 25 County Center Drive, Oroville, California, regarding the foil items: In =If TED ggnce witggh the California Environmental Ouairy Act (CEOA), an Initial Study has been pro red for the following project. Is MIT aendlnNEGATIVE DECegLARATION orationTherefore, Planning Division stall Name: Yvonne MooreProjecK: Use Permit UP 0411 Planner. Carl Durting API11: 024160.030 Zoning: A-40 Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of.Tumer Avenue, southeast of Gridley. Proposal: Use Permit to allow a nonprofit rescue dog kennel for up to 18 dogs. 0 you challenge either the Mitigated negative Declaration or the Use Pennft in court, you may be limited to raising only those Issues you or someone" else raised at the public hearing described in this notice,. or in written correspondence. delivered to the Planning Division at, or prior to, the public hearinggi . To submit comments or for further Information regarding thsproject, please contact Call .Durling, project planner, at the Butte County Planning Division at (530) 538 -Insert 4 digit number.71 SO_ — - BUTTE COUNTYPL'ANNING COMMISISON TIM SNELLING; DIRECTOR OF DEVELOPMENT SERVICES . PubNsh: July 5:2006 ` (The Gridley HerakQ _ , 0 �I 'J a h 2. 'h. (->S �r Nk F Illi a v � I 1 a h 2. 'h. (->S �r Nk F Illi m 0-) F� Ln �) a v � ILa I f m 0-) F� Ln �) UUTTE COUNTY wiv 0 5 2003 L,EVF,Lo'pNME, NT S1,RVICE'S - --1 c,2 Ac Piz -a5rn��L /r o��/Qj� i 0071(o E9 BUTTE COUNTY NOV 0.:1 2004 DEVELOPMENT SERVICES oav-/60-030 s �s ,� ,ter q G�icl�cy Cry, 'BUTTE COUNTY 1,0V 0 5 2003 DEVELOP',�3UNT SQL'RVICES S� � `' � L►AleS ; i �--Sceptic i 'i /,q4 Jv ry J� BUTT covi y NOV .' 2004 DEVELOPMENT SERVICFc S-71-;> 'o L -/-I., —ID IM u m L9 ........... .... ....... ol - 9 BUTTE COUNTY Nli0�j 0 5 2003 DEVELOPMENT r 0 ,�� 9 ���1.u�Q . VA -a iv /die ►� W� BUTTE COUN,TV NOV 0 1 2004 DEVELOPMENT SERVICES .T• M Ivloop-E o1) 03 0 GQ )�11-tx (A ,s;�E BUTTE COUNTY NG -V 0 5 2003 DEVELOPMENT S E RV1'-r'7-S E y�y r Aie►t-Ac w4y BUTTE co-u.mX NOV 0= 12004 DEVELOPMENT SERVtCFS +`4 ` IV_/l 5 I I— — 4>�a �I v Nei. 0 I E3FILE COPY RESOLUTION NO. 06-28 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 04-11 (Yvonne Moore) WHEREAS, the Planning Commission has considered Use Permit 04-11 to allow an existing nonprofit rescue dog kennel for up to 18 dogs. As a second phase the existing kennel will be replaced with a new facility. for Yvonne Moore on Assessor's Parcel Number 024-160- 030; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on July 27, 2006; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Yvonne Moore, Planning Division File No. UP 04-11, would have a significant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 through 4, as detailed in the conditions of approval dated July 27, 2006. Mitigation, as adopted, is equal or better to the mitigation proposed in the draft Initial Study circulated for public review. 1 F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, is not required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; conflict with any local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve the Use Permit for Yvonne Moore for a private, nonprofit rescue dog kennel for up to 18 dogs, UP 03-15, on APN 024-160-030, subject to the following findings and the conditions found in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval and mitigation measures have been applied to this project review. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops (OFC) which allows animal husbandry and intense animal uses as a secondary use. The A-40 zone allows kennels with approval of a Use Permit. The use permit is warranted because the kennel is found generally compatible with the agricultural setting and was found to have no adverse health, safety or welfare impacts. An initial study prepared pursuant to CEQA identified no significant environmental impacts associated with the project with the implementation of proposed mitigation. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed project will involve minor improvements to the property including a septic system to handle the dog waste that will be required to comply with County Improvement Standards. Otherwise, no significant changes to buildings or density are proposed. 2 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. All phases of the project can be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: The nearest residential dwelling is located approximately 165 feet from the site of the dog kennel. The proposed dog kennel is buffered by distance and by vegetation (bushes) between the proposed site and the nearest residences. Additionally, noise from vehicles on the adjacent SR - 99 would help mask the sound of barking dogs. The proposal dog kennel would not adversely affect neighborhood character as long as the conditions specified in the Initial Study and in Exhibit A are implemented. The proposed new replacement kennel would be up to 250 from the nearest dwelling, and much closer to SR -99. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is located in a predominantly agricultural area. Animal husbandry and intense animal uses are a permitted use in the A-40 zone. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed kennel application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The project would require a kennel permit from the Animal Control Division of the Public Health Department. The findings and criteria for this type of permit are different than the findings and criteria for the Use Permit. If this Use Permit is approved, its approval does not preclude the Animal Control Division from denying the kennel permit. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The project does not require the removal of any trees or riparian vegetation. The project will not impact any vernal pools. E. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. 3 F. The proposed new facility will replace the existing facility, and building permits will be applied for within six months of the approval of the Use Permit. DULY PASSED AND ADOPTED this 27th day of July, 2006, by the following vote: AYES: Commissioners Leland, Lambert, Wilson, and Chairman Nelson NOES: No one ABSENT: Commissioner Marin ABSTAIN: No one 1 C UCK NELSON, Chairman Planning Commission County of Butte, State of California ATTEST: L RICHARDSON, Secretary Planning Commission County of Butte, State of California K:\Planning\PROJECTS\UP\MOORE.04-11\Agenda Report Moore UP 04-11 final for PC.doc El NOTICE OF DETERMINATION TO: ® Butte County Clerk AUG _ 9 2DD6 ❑ Office of Planning and Research 1400 Tenth Street CANDACEJ.dG EtBJffE CO. CLERK P.O. Box 3044 ��//�pLL DEPUTY Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 024-160-030 Project Title: UP 04-11, Use Permit Applicant: Yvonne Moore, 585 Meyers Avenue, Gridley, CA. 95948 Contact Person: Carl Durling Telephone Number: 538-7601 Project Description: Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Project Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on July 28, 2006 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive myVY-1.3 c4A es ThistletWaiie, Deve o ment Services Planning Manager "4 0 Mitigation Measures: • Mitigation Measure # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This condition. shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development 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. 4. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 5. Mitigation Measure # 3: Within 180 days from the issuance of the Use Permit for the existing Kennel; or prior to issuance of building permit for the new Kennel, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. 64 Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 6. Mitigation Measure # 4: If the Department. of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant 'shall implement recommendations of the Department of Development Services to reduce the noise. impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations -of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing:. The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result 'of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. 1 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Yvonne Moore 585 Meyers Avenue Gridley, CA 95948 Project Title/File Number: Use Permit, UP 04-11 APN: 024-160-030 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. 07 OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: . 1. ® PAYMENT: The above fees have been paid. See attached receipt(s):. # 391307 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: - Director Lead Agency: Butte County Department of Development Services Date: August 7, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. I • • CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 04-11, on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Project Description: Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Findings of Exemption (attach as necessary): The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: C es Thistlethwaite, Development Services Planning Manager Lead Agency: Planning Commission Date: August 7, 2006 • • COLEMW OF BLFFEFE AUDITOR'S CEIRTIMATE �6:���6D{ rREf SURE R'S RECEIEr�" ORG: ALLE. CA RECEWEE+ FRESrifi PLANNING LAG # 319 ATR NO DATE 6905 FUND FUND DEPT ACCT • GASH �E R6P �1E ` O-TiE CODE CODE CODE CODE ANOUNT DEPOSIT DATE: 13 -s RcCEiP s: 391307 PLAWANG ADPL FEES GEMIL 0010 Project Number Mr..4-4 60-030 Y Moore UF -04-11 LAND DEVELOFW.EKT GENL 83io Project Wimber 4024-1 BM30 i' Moore UT 04-4 4 Project Number #024-4M037 Y Moore UP 04-4 4 F'tRE PLNG A"PL FEE ' FIRE PROTECT 0100 Przz eat Humber #024-', Y Moore UP 04-4 9 rMOD, E CLERK'S FIL85' O FE CEN -L Colo MM) Project Number #€24-460-0317 Y reloore UP L-4-11 440WI 42109M 7-00.W Amount of Fee $700 4=304 4611700 101001 I .03 Amount of Fee 540M 4614909 1010al 12-5.00 Amount of Fee $435 4997240 10t,001 43.00 Amount of Fee $43 47OW1 46423119 409031 39.00 Amount of Fee $36 TOTAL 1,114.60 APPRagED BY: RECEIVED BY: A9.P TOR-CONMOLLER TREASURER Ftertc r �rcrrk —�� tos a K� e o��eor gogden md:--Ctie • E ID S RV�C A • NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 0 L IE AUG — 9 2006 CANDACE J.GRUBBS, BUT E CO. CLERK La VAI 1 .10 DEPUTY SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 024-160-030 Project Title: UP 04-11, Use Permit Applicant: Yvonne Moore, 585 Meyers Avenue, Gridley, CA 95948 Contact Person:' Carl Durling Telephone Number: 538-7601 Project Description: -Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Project Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on July 28, 2006 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. R 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive OroviW) CA 05965-4111z4 ,1 Chiles Thistletfikvaiie, Deve'i pment Services Planning Manager ;l Mitigation Measures: Mitigation Measure # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This condition shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development 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. 4. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 5. Mitigation Measure # 3: Within 180 days from .the issuance of the Use Permit for the existing Kennel, or prior to issuance of building permit for the new Kennel, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. C- Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall " respond to complaints concerning odors. 6. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department. of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. _ DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Yvonne Moore 585 Meyers Avenue Gridley, CA 95948 Project Title/File Number: Use Permit, UP 04-11 APN: 024-160-030 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid.. See attached receipt(s): # 391307 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: August 7, 2006 . TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. 104 • .• CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: UP 04-11, on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Project Description: Use Permit for an existing commercial kennel (up to 18 dogs) for canine rescue Findings of Exemption (attach as necessary): The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: _4�oz C es Thistlethwaite, Development Services Planning Manager Lead Agency: Planning Commission Date: August 7, 2006 6 COUNTY OF BL T TE .A sDfTC1R'S C<ERT€FnCATE AND RECEIPT OR-W€LLE, CA RECE[VED FROM PLANNING BAG #316 ATR WO DATE f.-8695 I IM2603 FUND FUND DEPT ACCT CASH DESCRIP-910N TffLE CODE CODE -CODE CODE AMOUNT DEPOSIT DATE: 11-5 RECEIPTS: 3957 PLANNING APPL FEES GENL 0010 Project Number #024160-030 Y Moore OF�4 i LAND DE'VELOPMENT GE14L 0 310 Prsaect Number #J'64'-;80-030 Y Moore UP 04-11 EIVIe' ONMEN TAL HLT H GEHL 0010 Project Number #024-iM030 Y Moore UP 04-11 FIRE PLNG APPL FEE FIRE PROTECT 0100 Prabect Number #024-'f 60-030 Y Moore UP 04-14 NODIN02 CLERK'S FILONG FE CFE MIL Colo (W) Fmiect Number # 024-960-730 Y Moore MJF 04-41 44=1 -41210M 101c '91 Amount of Fee $700 49117 1Q1061 Amount of Fee $150 4914901 101001 Amount of Fee $186 4617240 101001 Amount of Fee $43 470D1 4612319 101031 An-sourd of Fee $36 43.00 36.03 TOTAL APPRC?`D RECEEVED BY: AG TOR-CCS€-JROL.LER TREASURER /l By- tF��t�—`ur�e�ptos carp- �e.�s€dorra�de coEe $jJTTE !'`` COUNTY AUG 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING July 28, 2006 Yvonne Moore 585 Meyers Avenue. Gridley, CA 95948 Re: Use Permit; UP 04-11, AP: 024-160-030 Dear Ms. Moore: At the regular meeting of the Butte County Planning Commission held July 28, 2006, your request for aUse Permit for an existing commercial kennel (up to 18 dogs) for canine rescue, on property zoned A-40, (Agricultural, 40 -acre parcels) and located on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley, was approved subject to the conditions listed on the permit. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, August 8, 2006 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit,,it may be applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Carl Durling at 7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lyrffi Richardson Commission Clerk /lr kWetterss/merge letters/APPRDIMUP.dot i July 26, 2006 Sutter Buttes Canine Rescue 585 Meyers Avenue Gridley, California 95948 (530) 695-3814 Butte County Planning Commission Reference: Kennel License and Building Concerns Dear Board Members; r: As instructed by Mr. Carl Darling I am writing to clarify our starting date for building our Rescue Kennels. Our current plan is to start building immediately upon approval of our kennel plans. The only time constraints would be unforeseen circumstances that we would have no control over, or if approval of our plans was an issue, or inspections caused changes. We are looking forward to moving as expediently as possible since we have already been working toward this goal for, two years. With the current weather conditions, we have lost animals already so it is vital we complete our project as soon as possible. Since we are the only rescue to serve Butte and Sutter Counties we thank you for helping us to reach our goals as quickly as possible. Thank you, Yvonne Moore President -7 010 / T - �/_/) - / r 0 i Sutter Buttes Canine Rescue 585 Meyers Avenue Crridley, California 95948 (530) 695-3814 July 26, 2006 Butte County Planning Commission Reference: Kennel License and Building Concerns Dear Board Members; As instructed by Mr. Carl Darling I am writing to clarify our starting date for building our Rescue Kennels. Our current plan is to start building immediately upon approval of our kennel plans. The only time constraints would be unforeseen circumstances that we would have no control over, or if approval of our plans was an issue, or inspections caused changes. We are looking forward to moving as expediently as possible since we have already been working toward this goal for two years. With the current weather conditions, we have lost animals already so it is vital we complete our project as soon as possible. Since we are the only rescue to serve Butte and Sutter Counties we thank you for helping us to reach our goals as quickly as possible. Thank you, Yvonne Moore President ki e %, az� /oe-- 7/0 b 8 Yk BUTTE COUNTY PL°ANNNNING COMMISSION AGENDA REPORT, JULY 27, 2006 Applicant: Yvonne Moore Owner Same File #: UP 04-11 Location: On the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley Parcel Size: Request: Use Permit to allow 1) an Supervisor existing nonprofit rescue dog District: kennel for up to 18 dogs, and 2) to allow the existing kennel to be replaced with a new facility. G.P.: Orchard and Field Crops Zoning: A-40 (Agricultural 40 -acre minimum parcel size) Zone Date: June 17, 1975 (Ordinance No. 1589) APN: 024-160-030 EXECUTIVE SUMMARY: Planner: Attachments: 4.7 +/- acres Carl Durling, Associate Planner A: Resolution with Conditions B: Vicinity Map and General Plan/Zoning Map C: Initial Study D: Site Plan This project is a Use Permit for an existing nonprofit rescue dog kennel for up to 18 dogs. The project is on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. Approval of the Use Permit will bring an existing kennel into compliance with Butte County Code and/or allow for replacement of the existing kennel with a new facility of the same size (18 dogs.) Staff recommends approval of the Use Permit with findings and conditions. PROJECT DESCRIPTION: The applicant requests a Use Permit to allow a private dog kennel for a maximum of 18 dogs. The application includes two options. One option would bring the current facility into compliance with existing regulations and the second option would allow a new facility to replace ■ Butte County Department of Development Services ■ 0 July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 1 of 18■ the existing facility. The applicant rescues dogs from animal shelters and finds homes for them. The applicant does not board dogs owned by others Note: Butte County Code allows no more than five dogs over the age of four months to be kept on a single parcel without a kennel permit [Butte County Code Section 24-305.260]; more than this number is considered to be a kennel, even if all the dogs are owned by the parcel owner/resident. The applicant reports that once or twice a week a prospective dog owner will come to the property to look at the dogs. The applicant occasionally takes some of the dogs off-site to attend animal adoption events. A dog kennel already exists and is considered in violation of Butte County Code. At the time of site review (6/19/05), the applicant had a total of 14 dogs on the property — 6 rescued adult dogs, a litter of 6 rescued puppies, and 2 personal dogs. The existing dog kennel is located in the southeast corner of the project site, approximately 75 feet from the south property line, 165 feet from the nearest dwelling, and approximately 45 feet from edge of pavement of Meyers Avenue. The dog kennel consists of wood side walls, chain link fence for front and back walls, a wood roof, and a concrete floor. Black plastic tarps cover the front of the kennel. Hay is used as bedding material. Odors from the kennel were only noticeable when adjacent to the kennel. The dogs were mostly quiet when staff conducted a site review. The hay in the kennel is removed weekly and the concrete floor cleaned at that time. The applicant intends to replace the black plastic tarps with bamboo shades. As a second phase, the applicant proposes to construct a new facility which will replace the existing one. This facility will be located approximately 250 feet from the south property line and 250 feet from the edge of Meyers Avenue. It would also be situated to within 125 feet of SR -99. The applicant indicates that it will take approximately six months to obtain the financing for the new facility, then required building permits will be obtained. Solid wastes from the dogs are currently picked up daily and burned on-site or placed in the trash for disposal at the Neal Road Landfill. The applicant would be required to obtain a sewage disposal permit from the Environmental Health Division for a new septic system to handle solid wastes from the dogs. The applicant would also be required to obtain a kennel license from the Public Health Department's Animal Control Division for the kenneling of more than five dogs. Kennel licenses require the kennel to be "operated in a sanitary and proper manner so as not to constitute a nuisance to the neighborhood." (Chapter 4.1-5). SITE CHARACTERISTICS: The 4.7 -acre project site is developed with a dwelling unit, several accessory structures, a dog kennel, a septic system, and a well. Vehicular access to the project site is from Meyers Avenue. Vegetation on the site consists of non-native trees and bushes around the dwelling, an orchard covering approximately one third of the property, and bushes, some of which are very tall, along the south property line and along Meyers Avenue. Except for the property across SR -99, the project site and the surrounding parcels are not subject to a California Land Conservation Act agreement ("Williamson Act"). The site is not located within a 100 -year flood zone or an airport land use compatibility zone. The site is level and does not contain any drainages, wetlands, or swales. Noise levels on the project site, especially at the existing and proposed new dog kennel, are relatively high due to the project site's location adjacent to SR -99. ■ Butte County Department of Development Services ■ ■ July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore ■ Page 2 of 18■ The project is located in an area with rural residential development, horse keeping, orchards, and some pastures. Surrounding uses include dwellings at rural densities, undeveloped parcels, and SR -99. The nearest off-site dwelling unit is located 165 feet to the south of the kennel (this house appears to be abandoned). The next closest dwellings are located on the east side of Meyers Avenue, at a distance of 280 to 300 feet from the kennel. Three dwellings to the north and northeast are located between 335 and 586 feet from the kennel. The project site is surrounded by agricultural uses on 5 -acre to 40 -acre parcels. Zoning on all of the surrounding is A-40 (Agricultural, 40 -acre minimum parcel size). ANALYSIS: The proposed project is located in an area zoned A-40 for agricultural residential uses on parcels of one acre or more in size. The proposal would establish a kennel in a low-density r agricultural area. The nearest dwelling is located approximately 165 feet to the south of the existing kennel. The kennel is somewhat buffered by distance and by large bushes between the proposed site and the nearest residences. Numerous vehicles on the adjacent SR -99 result in a relatively high ambient noise level. For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is sufficient to allow the Planning Commission to make an informed decision. The Planning Commission may grant a Use Permit if: "The proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24- 45.10). Staff views a kennel as generally compatible with the agricultural designation of the subject property as well as surrounding land uses. Noise and odors associated with the kennel, as regulated through conditions of approval on the project, will not be inconsistent with other land uses the A-40 zone. ENVIRONMENTAL ISSUES: The project was reviewed for environmental impacts under the California Environmental Quality Act (CEQA) in accordance with State Law. Subsequent to its 30 -day circulation, the Initial Study, Mitigation Measure #3, has been modified to require a 180 day minimum time limit for application of building permits for the new kennel facility. The following discussion summarizes those issues and impacts identified in an Initial Study. Air Quality An increase in objectionable odors on-site would be expected as a result of the keeping of up to 18 dogs on the project site. The nearest off-site, dwelling is located approximately 165 feet from ■ Butte County Department of Development Services ■ ■ July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore ■ Page 3 of 18■ the existing dog kennel, and would be approximately 250 feet from the new kennel. This is a significant enough distance to allow the odors to dissipate. The project site is located in an agricultural area where the sensitivity to such odors is relatively less than would be the case in a residential neighborhood, park, commercial district, or other sensitive use. The Butte County Environmental Health Division requires a septic system that would exclusively handle wastes from the dogs. Solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. Mitigation measures are proposed that would require the applicant to pick up all solid dog wastes at least once a day and to dispose of the wastes in a County -approved septic system. The applicant has agreed to prepare a waste disposal plan within 180 days from the issuance of the use permit for the existing kennel (due to existing non-compliance issues), or prior to the issuance of a building permit. H.. d�gy/Water Quality Solid wastes from the dogs kept on the site have the potential to impact water quality. Solid wastes from the dogs are required to be picked up at least once per day and disposed of in an on- site septic system, as described above. The County Environmental Health Division requires the installation of a new septic system to handle the solid wastes from the dogs. Use of a septic system for disposal of dog wastes would preclude significant decrease in water quality provided the septic system functions as designed. Noise The project site is located in an agricultural area that is subject to noise generated by vehicle traffic on the adjacent SR -99. Additional noise is generated by agricultural activities and the residential uses in the area. The nearest residential dwelling to the existing kennel is located approximately 165 feet away, with the new kennel being approximately 250 feet away. Other nearby residences are located on the east side of Meyers Avenue, at a distance of 280 to 300 feet from the kennel. Three dwellings to the north and northeast are located between 335 and 586 feet from the kennel. Since distance from a source of noise has an attenuating effect — for every doubling of distance, the level of sound decreases by approximately six decibels — noise levels at nearby homes from barking dogs can be expected to range from 55 to 70 decibels when the dogs are agitated. The 24-hour equivalent noise level associated with the dogs depends on the frequency by which they are disturbed, the time of day at which they are agitated, and their temperament. Given the agricultural zoning and character of the area and ambient noise levels from the adjacent SR -99, the sensitivity to noise impacts in this area is relatively lower than other more populated parts of the County. The second phase site is located closer to SR -99, thus further minimizing noise impacts. A mitigation measure is included in the Initial Study and as a condition to the issuance of a Use Permit, which addresses noise -related impacts. With this mitigation measure, if the Department of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant would be required to implement recommendations of the Department of Development Services ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 4 of 180 E • to reduce the noise impacts. If noise levels in the area are excessive, the Planning Commission could consider revocation of the Use Permit. OTHER COMMENTS: The following Butte County departments recommended conditions for project approval: • Building Division - building permits be obtained for the dog kennel structure. • Public Works Department - dedicate a one -foot "no access strip" or relinquish abutters rights to Butte County along the SR -99 frontage of the parcel, except at Bob Way. • Environmental Health Division - installation of a septic system to handle dog wastes. • Animal Control Office - kennel permit be obtained within 30 days of issuance of the Use Permit. • Fire Department/CDF - building identification and/or addressing be in conformance with PRC -4290 and an all-weather access be provided to all structures on the site. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission adopt the attached Resolution with Exhibit A. ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 5 of 180 Location Map ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore ■ Page 6 of 18 ■ MOO RE UP 04-11 ' J 77 New Kennel locations - IV L. _ Existing Kennel location Ir M Aerial Photograph ® Butte County Department of Development Services ® July 27, 2006 13 Agenda Report — Use Permit 04-11 Yvonne Moore ® Page 7 of 18® ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore ■ Page 8 of 18■ lil RESOLUTION - . ATTACHMENT A A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 04-11 (Yvonne Moore) WHEREAS, the Planning Commission has considered Use Permit 04-11 to allow an existing nonprofit rescue dog kennel for up to 18 dogs. As a second phase the existing kennel will be replaced with a new facility. for Yvonne Moore on Assessor's Parcel Number 024-160- 030; and WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on July 27, 2006; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Yvonne Moore, Planning Division File No. UP 04-11, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 through 4, as detailed in the conditions of approval dated July 27, 2006. Mitigation, as adopted, is equal or better to the mitigation proposed in the draft Initial Study circulated for public review. ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 9 of 18■ 171 0 F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Finds that the design of the proposed project will not cause environmental damage to fish and wildlife or their habitat, and a "de minimis" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5, is not required at this time. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; conflict with any local policies or ordinances protecting biological resources; or, conflict with the provisions of an adopted Habitat Conservation Plan. III. Approve the Use Permit for Yvonne Moore for a private, nonprofit rescue dog kennel for up to 18 dogs, UP 03-15, on APN 024-160-030, subject to the following findings and the conditions found in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval and mitigation measures have been applied to this project review. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops (OFC) which allows animal husbandry and intense animal uses as a secondary use. The A-40 zone allows kennels with approval of a Use Permit. The use permit is warranted because the kennel is found generally compatible with the agricultural setting and was found to have no adverse health, safety or welfare impacts. An initial study prepared pursuant to CEQA identified no significant environmental impacts associated with the project with the implementation of proposed mitigation. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed project will involve minor improvements to the property including a septic system to handle the dog waste that will be required to comply with County Improvement Standards. Otherwise, no significant changes to buildings or density are proposed. ■ Butte County Department of Development Services ■ ■ July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore ■ Page 10 of 18■ 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. All phases of the project can be served by well and septic. The harmful effect, if any, upon desirable neighborhood character: The nearest residential dwelling is located approximately 165 feet from the site of the dog kennel. The proposed dog kennel is buffered by distance and by vegetation (bushes) between the proposed site and the nearest residences. Additionally, noise from vehicles on the adjacent SR - 99 would help mask the sound of barking dogs. The proposal dog kennel would not adversely affect neighborhood character as long as the conditions specified in the Initial Study and in Exhibit A are implemented. The proposed new replacement kennel would be up to 250 from the nearest dwelling, and much closer to SR -99. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is located in a predominantly agricultural area. Animal husbandry and intense animal uses are a permitted use in the A-40 zone. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed kennel application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The project would require a kennel permit from the Animal Control Division of the Public Health Department. The findings and criteria for this type of permit are different than the findings and criteria for the Use Permit. If this Use Permit is approved, its approval does not preclude the Animal Control Division from denying the kennel permit. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The project does.not require the removal of any trees or riparian vegetation. The project will not impact any vernal pools. E. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 11 of 180 0 0 detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. F. The proposed new facility will replace the existing facility, and building permits will be applied for within six months of the approval of the Use Permit. K:\Planning\PROJECTS\UP\MOORE.04-11\Agenda Report Moore UP 04-11 final for PC.doc ■ Butte County Department of Development Services ■ 0 July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 12 of 18■ • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) UP 04-11 PERMIT NO. 024-160-030 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Yvonne Moore is hereby granted a Use Permit for a private dog kennel for up to eighteen (18) dogs. 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 Sec. 24-45.65. 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. 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. 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 Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a 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 Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ 0 July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 13 of 18■ 5. The terms and conditions of this 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. 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 a Permit. Conditions of Approval: Planning Division: 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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: This condition shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development 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. ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 14 of 180 0 • 4. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 5. Mitigation Measure # 3: Within 180 days from the issuance of the Use Permit for the existing Kennel, or prior to issuance of building permit for the new Kennel, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 6. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise - related complaints regarding the project and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element establishes that acceptable levels of noise for the project area of up to 60 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which ■ Butte County Department of Development Services ■ 0 July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 15 of 180 may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions.. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. 7. The new kennel shall .be developed in accordance with the approved project site plan, conditions contained herein, and all applicable County codes and requirements. Said site plan is on file in the Planning Division, is identified as "Exhibit D" is incorporated herein by this reference. 8. All dogs kept on the site shall be owned by the applicants or person(s) residing on the property. Boarding of dogs owned by others shall not be permitted. 9. The kennel structure shall comply with all applicable building and electrical codes. 10. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees and/or Department of Fish and Game fees. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. Building permit applications for the new facility shall be submitted within six months following approval of the Use Permit. The existing facility shall be demolished upon occupancy of the new facility. California Department of Forestry 13. Provide an all weather access of at least 10 feet wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 14. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. ■ Butte County Department of Development Services ■ 0 July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 16 of 18■ Building Division 15. Building permits shall be obtained for the new kennel structure. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. Environmental Health Division 16. Obtain a permit to operate a kennel from Butte County .Health Department, Animal Control Division. The kennel permit shall be obtained from the Animal Control Division within 30 days of the issuance of the Use Permit for the existing facility or prior to the issuance of building permits for the new facility. All conditions required by the Animal Control Division shall be implemented prior to issuance of the kennel permit. 17. Must install sewage disposal system for the new kennel under permit from Environmental Health. Installation, and must be designed so that waste can be washed directly into the septic tank. Public Works 18. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the SR -99 frontage of parcel. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman ■ Butte County Department of Development Services ■ 0 July 27, 2006 ■ Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 17 of 18■ 0 CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office Animal Control Office ■ Butte County Department of Development Services ■ ■ July 27, 2006 0 Agenda Report — Use Permit 04-11 Yvonne Moore 0 Page 18 of 18■ . } ATTACHMENT B Higgins -c it Ave Project Location v o' 1 1,400 700 0 1,400 2,800 4,200 5,600 7,000 8,400 v o: Johnson 9,800 11,200 12,600 Feet BUTTE COUNTY PLANNING COMMISSION Applicant: Yvonne Moore Owner: Same Hearin Date: July 27, 2006 9:00 a.m. I Existing Zone: A-40 (Agricultural, 40 acre min Request: Use Permit to allow a kennel for canine rescue. Assessor Parcel No: 024-160-030 N W E S Supervisorial District #1 File: UP 04-11 • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR UP 04 -11 -(Moore) Project Name: Use Permit for Yvonne Moore, File # UP 04-11 c COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR USE PERMIT 04-11 (Moore) 1.0 PROJECT INFORMATION A. Applicant/Owner: Yvonne Moore B. Staff Contact: Carl Durling, Associate Planner (530) 538-7150, (cdurling@buttecounty.net) C. Proiect Name: N/A D. Proiect Location: On the west side of Meyers Avenue, extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. -(Section 8, TI 7N, R3E) E. Type of Application: Use Permit F. Assessor's Parcel Number: 024-160-030 G. Proiect Site Size: 4.7 +/- acres H. Current Zoning: A46 (Agricultural - 40 acre minimum parcel size) I. General Plan Designation: Orchard and Field Crops J. Environmental Setting: The project site is developed with a dwelling, accessory structures, a dog kennel, a septic system, and a well. An agricultural truck hauling business operates from the property. Vehicular access to the project site is from Meyers Avenue. Vegetation on the site consists of non-native trees and bushes around the dwelling, on the south and east sides of the existing kennel, and bushes and trees along the south property line. Two thirds of the property is covered by an active orchard. The project site and the surrounding parcels to the north and east are not subject to a California Land Conservation Act agreement ("Williamson Act"). However, contract land is located across SR -99. The site is not located within a 100 - year flood zone or an airport land use compatibility zone. The site is level and does not contain any drainages, wetlands, or swales. Noise levels on the project site are relatively high due the project site's location adjacent to SR -99. The applicant currently has a total of 10 rescued adult dogs on the property, and 2 personal dogs. These numbers are as of December 2005. The existing dog kennel is located in the southeast corner of the project site, approximately 60 feet from the south property line and approximately 100 feet from edge of Meyers Avenue pavement. The dog kennel consists of individual dog houses within a fenced enclosure. Odors from the kennel were only noticeable when adjacent to the kennel. The dogs were mostly quiet during three -staff site visits. The new 18 unit dog kennel would be approximately 90 feet from SR -99 and 450 feet from Myers Avenue. K Surrounding Land Uses: The project is located in an area with rural residential development on medium to large orchard parcels. The nearest off-site dwelling unit is located 150 feet to the south of the kennel and is owned by the applicant. Zoning on all of the surrounding property is A-40 (Agricultural, 40 -acre minimum parcel size). ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 1 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 L. Project Description: The applicant is requesting a Use Permit to allow a nonprofit rescue dog kennel. The applicant rescues dogs from surrounding animal control shelters; the dogs are spayed/neutered and put up for .adoption. The applicant does not board dogs owned by others, nor sell the rescued dogs. A maximum of eighteen (18) dogs would be allowed. The applicant proposes to add 3 kennels to the existing 9 kennel facility (total of 12) until a new modern kennel facility is constructed. The new facility would house 18 dogs, and the existing facility would be removed. (Note: Butte County Code allows no more than five dogs over the age of four months to be kept on a single parcel for any reason whatsoever [Butte County Code Section 24-305.260]; more than this number is considered to be a kennel, even if all the dogs are owned by the parcel owner/resident). Approximately once per week a prospective dog owner will come to the property to look at the dogs. The applicant occasionally takes some of the dogs off site to attend various animal adoption events. Bedding in the kennel is removed weekly and the concrete floor cleaned at that time. The applicant would be required to obtain a sewage disposal permit from the Environmental Health Department for a septic system to handle solid wastes from the dogs on the site. The applicant would also require a Kennel Permit from the Environmental Health Department's Animal Control Division for the kenneling of more than five dogs: M. Public Agency Approvals: Butte County Development Services Department, Butte County Environmental Health Division, Butte County Animal Control 2.0 DETERMWATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an - ENVIRONMENTAL IMPACT REPORT is required. - [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared b 1 iate Planner Re ewete Calarco, Assistant Director e y: C�9 r -e6 o� Date Date ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 2 of 25■ • • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impacfmay occur, then the checklist answers must indicate whether the impact is potentially significant, less'than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne'Moore UP 04-11 ■ Page 3 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is. substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Impact Discussion: The project would allow the keeping of up to 18 dogs in an area surrounded by agricultural use properties, rural residential dwellings or undeveloped parcels. SR -99 borders the west side of the project site. The existing dog kennel consists of 9 individual housing units. The second phase would add 3 units. The final phase would be a new facility housing 18 dogs. The existing facility would be removed. All kennels are required to be fenced, including exercise areas. Bushes along south and east sides of the kennel screen the kennel from public view. The kennel can not be seen from SR -99 because of an intervening work shop. The applicant does not propose to add outside lights. Considering the existing uses that surround the project site, the agricultural character of the project area, and the bushes along the property lines and kennel, no substantial conflicts with the established character or function of the area are anticipated. The project site is not within or adjacent to a designated scenic highway. This project would not significantly impact a scenic vista. The impact is considered less than significant. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 4 of 25■ Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Have a substantial adverse effect on a scenic vista? .-: X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affectday or nighttime views X in the area? Impact Discussion: The project would allow the keeping of up to 18 dogs in an area surrounded by agricultural use properties, rural residential dwellings or undeveloped parcels. SR -99 borders the west side of the project site. The existing dog kennel consists of 9 individual housing units. The second phase would add 3 units. The final phase would be a new facility housing 18 dogs. The existing facility would be removed. All kennels are required to be fenced, including exercise areas. Bushes along south and east sides of the kennel screen the kennel from public view. The kennel can not be seen from SR -99 because of an intervening work shop. The applicant does not propose to add outside lights. Considering the existing uses that surround the project site, the agricultural character of the project area, and the bushes along the property lines and kennel, no substantial conflicts with the established character or function of the area are anticipated. The project site is not within or adjacent to a designated scenic highway. This project would not significantly impact a scenic vista. The impact is considered less than significant. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 4 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 4.2 AGRICULTURE RESOURCES: Impact Discussion: Butte County's farmlands map is currently in the "interim stage only. The Farmland Mapping and Monitoring Program of the California Resources Agency (FMMP) has now received the new soils survey data for Butte County and has begun creating an. "important" farmlands map for the county, identifying Prime Farmland, Unique Farmland, and Farmland of Statewide Importance. Molly Penberth (Department Director (10-26-05) estimates that the Butte County "important' farmlands map will not be ready until summer 2006. In the meantime the 2002 "Interim" farmlands map, indicating Irrigated Farmland, Non -irrigated Farmland, Grazing Land, and Urban and Built -Up Land is the only information resource available from the FMMP. The above referenced map, indicates the subject property as "Irrigated Farmland". This designation is described as: Cropped land with a developed irrigation water supply that is dependable and of adequate quality. Land must have been used for production of irrigated crops at sometime during the four years prior. to the mapping date. Irrigated farmland is considered an `Interim' category for use until completion of USDA-NRCS soil surveys. The Irrigated Farmland category is only used in specific agricultural counties lacking modern soil surveys. The project site is located in an agricultural use area (orchards). The project site contains an active orchard of approximately 3 acres. The project does not propose to convert any farmland to non-agricultural use and would not have an impact on any agricultural uses. The project is subject to the provisions of the Agricultural Element of the Butte County General Plan because the project site has an Orchard and Field Crops General Plan land use designation. The parcel west across SR -99 is under a Williamson Act Contract. The Butte County Agricultural Commissioner's Office commented that this project does not have any agricultural issues. Mitigation Measure: None required. 4.3 Am QUALITY: . Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Would the proposal: Impact Mitigation Impact Impact Previous Document Impact Incorporated Impact Impact Previous a. Convert Prime Farmland, Unique Farmland, or. Incorporated Document Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X C. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of,Farmland, to non-agricultural use? Impact Discussion: Butte County's farmlands map is currently in the "interim stage only. The Farmland Mapping and Monitoring Program of the California Resources Agency (FMMP) has now received the new soils survey data for Butte County and has begun creating an. "important" farmlands map for the county, identifying Prime Farmland, Unique Farmland, and Farmland of Statewide Importance. Molly Penberth (Department Director (10-26-05) estimates that the Butte County "important' farmlands map will not be ready until summer 2006. In the meantime the 2002 "Interim" farmlands map, indicating Irrigated Farmland, Non -irrigated Farmland, Grazing Land, and Urban and Built -Up Land is the only information resource available from the FMMP. The above referenced map, indicates the subject property as "Irrigated Farmland". This designation is described as: Cropped land with a developed irrigation water supply that is dependable and of adequate quality. Land must have been used for production of irrigated crops at sometime during the four years prior. to the mapping date. Irrigated farmland is considered an `Interim' category for use until completion of USDA-NRCS soil surveys. The Irrigated Farmland category is only used in specific agricultural counties lacking modern soil surveys. The project site is located in an agricultural use area (orchards). The project site contains an active orchard of approximately 3 acres. The project does not propose to convert any farmland to non-agricultural use and would not have an impact on any agricultural uses. The project is subject to the provisions of the Agricultural Element of the Butte County General Plan because the project site has an Orchard and Field Crops General Plan land use designation. The parcel west across SR -99 is under a Williamson Act Contract. The Butte County Agricultural Commissioner's Office commented that this project does not have any agricultural issues. Mitigation Measure: None required. 4.3 Am QUALITY: . ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 5 of 25■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Mitigation Impact Impact Previous Incorporated Document ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 5 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts :have been designated as "moderate nonattainment areas for the state standards for ozone (03) and fine. particulate.... -.. matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. -The project will not create fugitive dust, oxides of nitrogen, or reactive organic gases emissions because the dog -kennel already exists and the only new construction that may occur is the installation of a septic system. Very -little vehicular traffic would be generated by the proposed kennel, so there would not be a significant increase in vehicle emissions in the project area. The installation or expansion will not cause significant fugitive dust or any other type of emissions. An increase in odors on-site would be expected as a result of the keeping of up to 18 dogs on the project site. The nearest off-site dwelling unit is located 150 feet to the south of the kennel and is owned by the applicant. The next closest dwellings are located on the east side of Meyers Avenue, at a distance of 250 to 300 feet from the kennel. Solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. Additionally odor could come from the soiled runoff associated with cleaning of the kennel floor. Due to the long distances between the kennel and the nearest off-site dwellings, no significant odor impacts are expected to occur to the residents of the nearby dwellings. Mitigation Measure # 2, found in Section 4.8 below, requires the applicant to pick up the dog wastes on a daily basis and to dispose of them in an on-site septic system. With this requirement, no significant odor -related impacts are expected. . Mitigation Measure: See Mitigation Measure #2 in Section 4.8 below. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 6 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts :have been designated as "moderate nonattainment areas for the state standards for ozone (03) and fine. particulate.... -.. matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. -The project will not create fugitive dust, oxides of nitrogen, or reactive organic gases emissions because the dog -kennel already exists and the only new construction that may occur is the installation of a septic system. Very -little vehicular traffic would be generated by the proposed kennel, so there would not be a significant increase in vehicle emissions in the project area. The installation or expansion will not cause significant fugitive dust or any other type of emissions. An increase in odors on-site would be expected as a result of the keeping of up to 18 dogs on the project site. The nearest off-site dwelling unit is located 150 feet to the south of the kennel and is owned by the applicant. The next closest dwellings are located on the east side of Meyers Avenue, at a distance of 250 to 300 feet from the kennel. Solid wastes from the dogs may create objectionable odors if not properly disposed of in a timely manner. Additionally odor could come from the soiled runoff associated with cleaning of the kennel floor. Due to the long distances between the kennel and the nearest off-site dwellings, no significant odor impacts are expected to occur to the residents of the nearby dwellings. Mitigation Measure # 2, found in Section 4.8 below, requires the applicant to pick up the dog wastes on a daily basis and to dispose of them in an on-site septic system. With this requirement, no significant odor -related impacts are expected. . Mitigation Measure: See Mitigation Measure #2 in Section 4.8 below. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 6 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant with Less Than Significant No Reviewed Under Impact Mitigation Impact Impact Previous Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or X regulations, or by the California Department of Fish. and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian . habitat or other sensitive natural community identified in local or regional plans, policies, and X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species _. or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances : ,.._ ... protecting biological resources such as a tree =- X reservation policy ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, -roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? Impact Discussion: The project site consists of a small agricultural orchard operation and development, including a residential dwelling, kennel structure, and accessory buildings. Some non-native trees and bushes are located around the existing ■ Butte County Department of Development Services In ■ Initial Study — Yvonne Moore .UP 04-11 ■ Page 7 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 dwelling, kennel and along the south property line. The project site does not contain any vernal pools, wetlands, swales, or creeks. The California Natural Diversity Database (CNDDB using Rarefind 2, Government Version, (Jan -02-2003) was reviewed to determine if any special status species or habitats occur on or near the project site. The CNDDB showed that no special status species or habitats on or near the project site. The project is not expected to create any impacts to biological resources. The project would not conflict with any local policies or ordinances protecting biological resources. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Impact Discussion: According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. Prehistoric resources sites are normally found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above or next to bodies of water. The project site does not contain any of these physical characteristics. No cultural resources or sites of any type are known to be located on the subject site. The project site does not contain any structures that are listed in, or are eligible for listing in, the California Register of Historical Resources. The only new construction that would occur due to the project is the installation of a new septic system and kennel building. While there does not appear to be any cultural resources located above ground .on the project site, construction of the septic system has the potential to disturb cultural resources that may be below the surface. To prevent any significant impacts Mitigation Measure #1 is recommended that requires all construction activity stop and the Planning Division and a professional archaeologist be notified in the event any cultural resources are uncovered. Mitigation Measure # 1: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, caris, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 8 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological • resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. Prehistoric resources sites are normally found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above or next to bodies of water. The project site does not contain any of these physical characteristics. No cultural resources or sites of any type are known to be located on the subject site. The project site does not contain any structures that are listed in, or are eligible for listing in, the California Register of Historical Resources. The only new construction that would occur due to the project is the installation of a new septic system and kennel building. While there does not appear to be any cultural resources located above ground .on the project site, construction of the septic system has the potential to disturb cultural resources that may be below the surface. To prevent any significant impacts Mitigation Measure #1 is recommended that requires all construction activity stop and the Planning Division and a professional archaeologist be notified in the event any cultural resources are uncovered. Mitigation Measure # 1: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, caris, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 8 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Department of Development Services. 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: 'This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: This measure shall be implemented during all site development 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 applicant and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 12 miles east ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 9 of 25■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to, life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal system where sewers are not available for the disposal X or wastewater? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 12 miles east ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 9 of 25■ • 1 • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 of the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. - In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has .occurred in the area of these short faults; however, other .geologic evidence indicates these faults are not active (Butte County General Plan 1977). No impacts are anticipated since no rupture of a known active earthquake fault exists in the project area. The 80 -mile -long Midland-Sweitzer fault is located approximately 50 miles southwest of the project site. This fault is considered active and has caused historic earthquakes of Richter magnitudes between 6 to 6.9 in the area in 1892. There is some speculation as.to the exact location of the historic earthquake epicenters and some question if they actually occurred on the Midland-Sweitzer fault (Butte County, 1977). Approximately five miles west of Butte County there is a north trending fault system known as the Willows fault. This fault is approximately 40 miles long and displaces Cretaceous sediment in the Sacramento Valley. It does not appear to displace surface sediment and has been mapped principally by geophysical methods. However, there have been enough historical seismic events in the vicinity of this fault to conclude that it should be considered potentially active (Butte County General Plan 1977). A moderate earthquake occurred on the afternoon of Friday, August 10, 2001, centered about nine miles west of Portola, California, and about 50 miles east of the project site. Very little damage occurred as a result of this earthquake, which was had a magnitude of 5.5, but brief groundshaking was felt in Gridley during the earthquake and the aftershocks. This earthquake occurred in the Mohawk Valley Fault Zone, and this area of California experiences a magnitude five or higher earthquake approximately every 20 years, according to the University of California, Berkeley Seismological Laboratory. Historical "events in the area include the following: Table l Historical Seismic Events near Recent Portola Event Near Portola — Mohawk Valley Fault Zone Year Magnitude Location 1875 6.2 40 km to the NNE near Janesville 1888 6.2 20 km to the SSW near Blairsden 1959 5.6 40 km to the ESE near Verdi 1966 6.0 60 km to the SSE near Truckee Source: Adapted from information provided by the California Division of Mines and Geology and posted on the UC -Berkeley Seismological Laboratory web site(hitp:/Avww.seismo.berkeley.edu/seismo). Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Because the project appears to be located such that the probability of significant groundshaking is low, because the project does not propose the addition of significant structures that would be at .. risk to seismic activity, and because any structures that are built during the course of the project will be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low _.: potential for liquefaction. The impact would be less than significant. :"The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for landslides in this area. There is a moderate soil erosion potential for the project site, according to Butte County General Plan GIS data. The project does not involve any activity that would result in significant soil erosion impacts. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil potential. The project involves only the use of property for a private dog kennel. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 10 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 The Butte County Environmental Health Division did not indicate that the soils on the site would be incapable of handling another septic system -on the site. Soils'in the area tend to be adequate for septic systems. The site does not contain any slopes, drainages, wetlands, or swales, and is not located in a 100 -year flood zone, all of which could preclude the installation of a new septic system. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Impact Discussion: The project site is not located on or near any sources of hazardous materials and would not create any hazardous materials. No impact is anticipated. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed site or site known to contain hazardous materials. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 11 of 25■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: _ Significant with Significant Impact Previous Impact Mitigation, Impact Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous X materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or X where residences are intermixed with willdlands? Impact Discussion: The project site is not located on or near any sources of hazardous materials and would not create any hazardous materials. No impact is anticipated. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed site or site known to contain hazardous materials. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 11 of 25■ • .• Project Name: Use Permit for Yvonne Moore, File # UP 04-I1 The project site is not located within the 65 or 70 CNEL noise contour of any airport, nor is it located in any aircraft overflight area, according to the Butte County General Plan. The Butte County California Department of Forestry reviewed the project and had no proposed conditions or concerns. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: + Potentially Significant Less Than Significant with Less Than Significant No Reviewed Under Impact Mitigation Impact Impact Previous ut Document Incorporated a. Violate any water quality standards or waste discharge requirements? X . b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the'- ' site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of X polluted runoff? E Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation ' X map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? FJ, Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Water for the proposed kennel would be obtained from an existing on-site well. A dog kennel use does not typically require large quantities of water; the heaviest usage of water would be to clean out the kennel and to flush dog wastes into a septic system. The project site is located in an area that has large groundwater aquifers. Because the proposed dog ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 12 of 25■ • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 kennel would not require large amounts of water and because groundwater supplies in the project area are large, the project would not cause a reduction in the local groundwater table or reduce the water production of any existing well. No alterations in the drainage patterns of the project site would occur and the project would not cause an increase in soil erosion. The project site does not contain any drainages (streams, creeks, swales, ditches) that could be impacted by the project. The only ground disturbance that may occur as a result of this project is the installation of a new septic tank and leachfield, which would not require a large amount of soil disturbance that could result in soil erosion. Solid wastes from the dogs may cause significant surface and ground water quality impacts if not properly disposed of in a timely manner. Stormwater runoff from the site could be contaminated with dog fecal matter and could possibly end up in nearby wells or downstream drainages. Mitigation Measure #2 is recommended that requires the applicant to pick up the dog wastes on a daily basis and to dispose of them in an on-site septic system. With this requirement, no significant odor -related impacts are expected. The County Environmental Health Department requires the installation of a new septic system to handle the solid wastes from the dogs. Use of a septic system for disposal of dog wastes would not cause a significant decrease in water quality, provided the septic system functions as designed. With the implementation of the mitigation measures included below, the impact would be less than significant. The floor of the dog kennel would need to be cleaned on a regular basis in order to prevent significant odors. The soiled runoff from cleaning of the floor currently flows directly into the soil surrounding the kennel. Over time, this could lead to significant ground and surface water impacts. In order to prevent significant water quality impacts, the runoff from cleaning of the kennel floor is required to be directed into the on-site septic system. The project site is not located within a 100 -year flood.zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -1110C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure # 2:=° The project applicant shallpick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. Mitigation Measure # 3: . Prior to issuance of the Use Permit, the project applicant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the -Environmental Health Department for approval in conjunction with their.review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 13 of 25■ • • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. 4.9 LAND USE: Impact Discussion: The proposal would establish a dog kennel in a rural agricultural area. It would not divide any established community. The proposed project is located in an area zoned A-40 for agricultural -residential uses on parcels of forty acres or more in size. Kennels are a permitted use in the A-40 with the approval of a Use Permit. For the approval of.the Use Permit, the applicant is required to present information, including plans or other information, that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and will grant a Use Permit if: "the proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and.general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety. of the residents of the county" (Butte County Code, Section 24- 45.10). This Initial Study, the review by the Planning Commission based on information from planning staff, and the applicant, and subsequent review of the project by the Department of Environmental Health, will ensure compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 14 of 25■ Potentially Less Than Sigriifrcant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Physically divide an established community? x b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation lan? X Impact Discussion: The proposal would establish a dog kennel in a rural agricultural area. It would not divide any established community. The proposed project is located in an area zoned A-40 for agricultural -residential uses on parcels of forty acres or more in size. Kennels are a permitted use in the A-40 with the approval of a Use Permit. For the approval of.the Use Permit, the applicant is required to present information, including plans or other information, that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and will grant a Use Permit if: "the proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and.general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety. of the residents of the county" (Butte County Code, Section 24- 45.10). This Initial Study, the review by the Planning Commission based on information from planning staff, and the applicant, and subsequent review of the project by the Department of Environmental Health, will ensure compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 111 Page 14 of 25■ • • Project Name: Use Permit for Yvonne Moore, File # UP 04-11' 4.10 MINERAL RESOURCES: Impact Discussion: The proposed project would not use or'extract any mineral or energy resources and would not restrict access to known mineral resource areas. Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Reviewed Under Impact Mitigation Impact Impact Previous Incorporated Document a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? X b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a"local X general plan, specific plan, or other land useplan? X Impact Discussion: The proposed project would not use or'extract any mineral or energy resources and would not restrict access to known mineral resource areas. Mitigation Measure: None required. 4.11 NOISE: ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 15 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: SignificantNo with' Significant Under , Impact Mitigation Impact Impact Previous Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other X agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground home noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? E For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 15 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Impact Discussion: Ambient noise on and around the project area is affected primarily by extensive vehicular traffic on SR -99, which is adjacent to the project site's west property line. The existing dog kennel is located in the southeast corner of the project site, approximately 60 feet from the south property line and approximately 100 feet from edge of Meyers Avenue pavement. The project would create additional noise in the project area by allowing the keeping of up to 18 dogs on the project site. The nearest off-site dwelling unit is located approximately 150 feet to the south of the existing kennel. This house owned by the applicant. The next closest dwellings are located on the east side of Meyers Avenue, at a distance of 250 to 300 feet from the kennel. The new kennel facility will be approximately 450 feet from these dwellings, and approximately 100 feet from SR -99. Since distance from a source of noise has an attenuating effect — for every doubling of distance, the level of sound decreases by approximately six decibels — noise levels at nearby homes from barking dogs can be expected to be minimal due to the long distance from the kennel. The new kennel will be located much closer to SR -99, further masking the noise of dog barking. Additionally, given the agricultural zoning and character of the area, the sensitivity to noise impacts in this area is relatively lower than other more populated urban areas of the county. To ensure that dog -related noise does not become a problem, the mitigation measure included below reduces any potential impact to less than significant. The project is not located in the 65 or 70 CNEL airport noise contour, according to the Butte County General Plan. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element (Chart No. 4) for agricultural areas establishes an acceptable levels of noise for the project of up to 75 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations. of the Development Services Department, which may include, but are not limited to, building no ise'attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the'dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The applicant shall implement measures, to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. 4.12 HOUSING: ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 16 of 25■ Less Than Reviewed Would the proposal: Potentially Significant Significant with Less Than Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 16 of 25■ • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Impact Discussion: The project would not affect the population of the area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous "Document Incorporated Document a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating X the construction of replacement housing elsewhere? X Impact Discussion: The project would not affect the population of the area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Impact Discussion: The project site is located in an unclassified area with regards to fire hazards, indicating that it is either in an urban area or an agricultural area. The site is not located within the State Responsibility Area. Fire protection services for the project site are provided by the Butte County Fire Department in coordination with the State Division of Forestry. The project is required to comply with conditions specified by the Division of Forestry, to be accomplished in coordination with the Butte County Fire Department. The project is required to comply with Department of Forestry conditions. The project will not increase the level of fire service needed on the site. ■ Butte County Department of Development Services o ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 17 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous' Incorporated Document a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the.construction of which could cause significant environmental impacts, in X order to maintain acceptable service ratios, response times, or other.performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X A Schools? X e. Parks? X f. Other public services? X Impact Discussion: The project site is located in an unclassified area with regards to fire hazards, indicating that it is either in an urban area or an agricultural area. The site is not located within the State Responsibility Area. Fire protection services for the project site are provided by the Butte County Fire Department in coordination with the State Division of Forestry. The project is required to comply with conditions specified by the Division of Forestry, to be accomplished in coordination with the Butte County Fire Department. The project is required to comply with Department of Forestry conditions. The project will not increase the level of fire service needed on the site. ■ Butte County Department of Development Services o ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 17 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 The proposal may result in minimal increase in demand for police services. Responses to noise complaints or other complaints at the property would not affect the ability of the Sheriffs Department to adequately provide law enforcement services since the project would result in very little change from existing conditions. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in significant impacts to area parks and facilities. A less -than -significant impact is anticipated on other public services. Mitigation Measure: None required. 4.14 RECREATION: Impact Discussion: No recreational facilities are proposed under this proposal. No impacts on existing or future recreational facilities are expected. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility X would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the X environment? Impact Discussion: No recreational facilities are proposed under this proposal. No impacts on existing or future recreational facilities are expected. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 18 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. _. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 18 of 25■ 9 • Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Impact Discussion: The project site fronts on Meyers Avenue, with SR -99 lying on the project site's west property line. The project site does not have direct vehicular access to SR -99, and the driveway to the dwelling on the site is from Meyers Avenue. No new driveways or access points are proposed. There would be no significant increase in traffic associated with the project because no boarding of dogs owned by others would be allowed, nor are rescued dogs.put up for sale. Approximately once_.per week a prospective dog owner may come to the project site to look at a dog. The amountof vehicular traffic generated by prospective dog owners would be minimal and would not have an impact on vehicular circulation on Meyers Avenue or SR -99. t Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or X highways? c. Result in a change in air traffic patterns, including X either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X , - incompatible uses (e.., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fronts on Meyers Avenue, with SR -99 lying on the project site's west property line. The project site does not have direct vehicular access to SR -99, and the driveway to the dwelling on the site is from Meyers Avenue. No new driveways or access points are proposed. There would be no significant increase in traffic associated with the project because no boarding of dogs owned by others would be allowed, nor are rescued dogs.put up for sale. Approximately once_.per week a prospective dog owner may come to the project site to look at a dog. The amountof vehicular traffic generated by prospective dog owners would be minimal and would not have an impact on vehicular circulation on Meyers Avenue or SR -99. t Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study. — Yvonne Moore UP 04-11 ■ Page .19 of 25■ Potentially Less Than Significant • Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could X cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause X significant environmental effects? ■ Butte County Department of Development Services ■ ■ Initial Study. — Yvonne Moore UP 04-11 ■ Page .19 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Impact Discussion: The proposed kennel would include a septic system for sewage disposal and an existing on-site well for domestic water. Thus, the project would not have an impact on any wastewater or water treatment facilities. No off-site storm water drainage improvements. should be required due to development of the project site. The project inay increase the stream of waste being deposited in the Neal Road Landfill by a minimal amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would have little or no impact on the capacity of this landfill. No impact would occur with respect to federal, State, and local statutes and regulations related to solid waste. Mitigation Measure: None required. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements X needed? e. Result in a determination by the wastewater X treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? E Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The proposed kennel would include a septic system for sewage disposal and an existing on-site well for domestic water. Thus, the project would not have an impact on any wastewater or water treatment facilities. No off-site storm water drainage improvements. should be required due to development of the project site. The project inay increase the stream of waste being deposited in the Neal Road Landfill by a minimal amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would have little or no impact on the capacity of this landfill. No impact would occur with respect to federal, State, and local statutes and regulations related to solid waste. Mitigation Measure: None required. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 20 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document a. Have the potential to substantially degrade the - quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 20 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 With the implementation of recommended mitigation measures, the project would not have the potential to substantially degrade the quality of the environment beyond the impacts discussed in the previous sections of this Initial Study. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with . respect to Initial Study Checklist Items 43 — Air Quality; 4.5 — Cultural Resources; 4.8 — Hydrology and Water Quality; and 4.11 — Noise. Cumulative impacts to these areas would be mitigated due to the inclusion of mitigation measures included in each of these sections and summarized in the following section. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure' # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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:. This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: This measure shall be implemented during all site development 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 applicant and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. ■ Butte County Department of Development Services ■ ■ Initial Study - Yvonne Moore UP 04-11 ■ Page 21 of 25■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated Document b. Have impacts that are individually limited; but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects; the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human x beings; either directly or indirectly? With the implementation of recommended mitigation measures, the project would not have the potential to substantially degrade the quality of the environment beyond the impacts discussed in the previous sections of this Initial Study. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with . respect to Initial Study Checklist Items 43 — Air Quality; 4.5 — Cultural Resources; 4.8 — Hydrology and Water Quality; and 4.11 — Noise. Cumulative impacts to these areas would be mitigated due to the inclusion of mitigation measures included in each of these sections and summarized in the following section. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure' # 1: Should grading 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. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. 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:. This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: This measure shall be implemented during all site development 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 applicant and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 2: The project applicant shall pick up solid wastes from the dogs at least once per day and dispose of the wastes in a septic system approved by the Butte County Environmental Health Division. All water runoff from cleaning of the kennel floor shall drain into the septic system. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. ■ Butte County Department of Development Services ■ ■ Initial Study - Yvonne Moore UP 04-11 ■ Page 21 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 Timing: The mitigation measure shall be adhered to during the entire operational life of the kennel. Monitoring: The applicant shall be responsible for picking up dog wastes at least once per day and disposing of them in the on-site septic system approved by the Environmental Health Division. The applicant shall be responsible for ensuring that drainage from cleaning of the kennel floor drains into the septic system. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. Mitigation Measure # 3: Prior to issuance of the Use Permit, the project appficant shall prepare a specific plan for disposing of dog waste, which shall be submitted to the Environmental Health Department for approval in conjunction with their review of the septic system. The project applicant shall implement any measures recommended by the Environmental Health Division and Animal Control Division for disposing of the dog waste. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: Plans for disposal and recommendations of the Environmental Health Division and Animal Control Division shall be adhered to during the entire operational life of the kennel. Monitoring: Building inspectors shall spot check for aspects of the plan that involve improvements to the property. The Animal Control Division and/or the Planning Division shall respond to complaints concerning odors. Mitigation Measure # 4: If the Department of Development Services or other County departments receive noise -related complaints regarding the project and the level of noise is in excess of established standards, the applicant shall implement recommendations of the Department of Development Services to reduce the noise impacts. In response to any pattern of noise complaints, the Development Services Department, at the expense of the applicant, shall conduct a noise analysis to establish the compliance of the project with standards in the Noise Element of the General Plan. Currently, the Noise Element (Chart No. 4) for agricultural areas establishes an acceptable levels of noise for the project of up to 75 decibels Ldn or CNEL. If noise levels are in excess of established standards, the project applicant is required to reduce noise levels through recommendations of the Development Services Department, which may include, but are not limited to, building noise attenuation devices that provide some relief to nearby homes, erecting a sight obscuring fence so that the dogs can't see off the site, placing bark collars on the dogs that bark, or other recommendations. Any implemented recommendations to reduce noise would be subject_to Building Permits and other applicable conditions. Plan Requirements: This mitigation measure shall be a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Animal Control Division and/or the Planning Division shall respond to noise complaints. 6.0 ENVIRONMENTAL REFERENCE MATERIAL: - 1. Butte County Board of Supervisors. Agricultural Preserves 'Man, established -by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. _ 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Mag Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 22 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 6. Butte County Planning Department. Erosion Potential Map 111-2, Safes Element. Oroville, CA: CH2M Hill, Public Works [ ] 1977. [ ] 7. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, [X] 1977. Development Services [ ] 8. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: City of Chico [ ] CH2M Hill, 1977. [ ] 9. Butte County Planning Department. Natural Fire Hazard Classes Man 111-4, Safety Element. Oroville, CA: [X] CH2M Hill, 1977. Caltrans (Traffic) [ ] 10. Butte County Planning Department. Noise Element Man IV -1, Scenic Hi way Element. Oroville, CA: CA Dept. of Fish and Game [ ] C142M Hill, 1977. [ . ] 11. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: [ ] CH2M Hill, 1977. Oroville Union School Dist. [ ] 12. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1 Safety Element Oroville, OWID [ ] CA CH2M Hill, 1977. [ ] 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. [X] 1989. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Assessor [X] Development Services [ ] Chico Unified School Distr. [ ] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] Caltrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ . ] Army Corps of Engineers [ ] US Fish & Wldlife Service. [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [ ] PG&E. [ ] Pacific Bell [ ] Palermo Union School Dist. [X] Animal Control 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for the Yvonne Moore Use Permit (APN # 024-160- 030) application and particularly the mitigation measures identified herein. UWe hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. " Pro�ect Sponsor/Project Agent Date ' Project Sponsor/Project Agent Date ■ Butte County Department of Development Services ■ ■ Initial Study — Yvonne Moore UP 04-11 ■ Page 23 of 25■ Project Name: Use Permit for Yvonne Moore, File # UP 04-11 K:\Planning\PROJECTS\UP\MOORE.04-1 RInitial Study Moore, Yvonne UP 04-1 l.doc ■ Butte County Department of Development Services ■ i Initial Study — Yvonne Moore UP 04-11 ■ Page 24 of 25■ .. t ; _ Project Name: Use'Permrf for Yvonne Moore, File # UP 04-11,01 ' s 7, } o r rn ' L t Fbz� r • Nevv:Kennel.:site.areaffor. - maximtam.l.'8 t N r 3 1 ` 5. ''Dj�kui� 2-Y � tt ��� § �, x��'>i�1t�•4 3�-� i� s � ��' k� � ,'p r � i} 7e � ka I � 1� %.�„ � �' �� proposed:phases•1 & 2% k Oponcompletion of new kennel t yy. c .. iJ«: .. - ;�,� site phase 1 .24beremoved. - = _ I +t3.•T� 1 � • • Y ` k t » T P t .. u t red r R _ • i-: rr� '. - � .. . a -x � fi s,ro.. • . -� Yom"^ :. ,r % �.� dv } F a .. 1 L m Butte County Department of.Developmeint Services n E. Initial Study = Yvonne Moore UP. 04-11 ■ Page 25 of 25m' June 28, 2006 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on July 27, 2006, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study leas been prepared for the following project. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION Name: Yvonne Moore Project: Use Permit UP 04-11 Planner: Carl Durling APN: 024-160-030 Zoning: A-40 Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. Proposal: Use Permit to allow a nonprofit rescue dog kennel for up to 18 dogs. If you challenge either the Mitigated Negative Declaration or the Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. To submit comments or for further information regarding this project, please contact Carl Durling, project planner, at the Butte County Planning Division at (530) 538 -Insert 4 digit number7150. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Gridley Herald on July 5, 2006. Durling, Carl From: Walters, Charlotte Sent: Monday, November 08, 2004 10:16 AM To: Durling, Carl ° Cc: Fogel, Doug; Walters, Charlotte Subject: UP 04-11, Yvonne Moore, APN 24-160-030, Modified Project and Site Plan Application Complete, Condition: Must install sewage disposal system for the new kennel under permit from Environmental Health Installation must be designed so that waste can be washed directly into the septic tank. 4 ,. March 2, 2006 • ~ FILE COPY BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION/Use Permit Name: Yvonne Moore Project: Use Permit UP 04-11 Planner: Carl Durling APN: 024-160-030 Zoning: A-40 Location: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. Proposal: Use Permit.for an existing commercial kennel (up to 20 dogs) for canine rescue The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting March 7, 2006 through April 6, 2006, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. Written comments will.be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. For further information regarding this project, please contact Carl Durling, at (530) 538-7150. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Mercury Record on March 7, 2006. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile wwwbuttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING USERS' GROUP AGENDA June 28, 2006 TIME: 4:00 to 5:00 p.m. PLACE: Butte County General Services Building 3-A County Center Drive Oroville, CA 95965 1) General Plan Update - Update on the June 13 presentation and special meeting on June 28 with the Board of Supervisors regarding the working draft Guiding Principles concept. (Pete Calarco, Assistant Director) 10 minutes 2) Proposed Revisions to County Improvement Standards — Follow-up discussion on the proposed changes to the monument standards and proposed Fire Department Revisions (Stuart Edell, Manager, Land Development Division, Mike Crump, Director, Public Works Department) 15- 20 minutes 3) Draft Grading Ordinance Update -Update on the Board of Supervisors informational item regarding the draft ordinance and next steps (10 minutes) 4) New permit center hours at Development Services — Briefing on pending changes at the permit center (10 minutes) Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7602 Page 1 of 1 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buffecountv.net/dds ADMINISTRATION `BUILDING " PLANNING MEMORANDUM TO: Responsible and Trustee Agencies FROW Development Services, Planning Division SUBJECT: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for Yvonne Moore, UP 04-11, APN 024-160-030 DATE: March 8, 2006 The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated. m connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Mitigated Negative Declaration to allow .responsible and trustee agencies a 30 -day review period in accordance with Sections 15072'and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. The Initial Study is also on Butte County's web page at www.buttecounty.net under Department Listings, then Development Services, then Planning, then Mitigated Negative Declarations, then the project name., This review should focus on your agency's area of m' expertise and jurisdiction. Any comments must be received within 30 days, ending April .9, 2006, If you have any questions regarding the enclosed environmental document, please contact Carl Durling at 530-538-7150, between the hours of 8:00 a.m. and 4:00 p.m., or by email at cdurling@,buttecoun ..net. Sincerely, Carl urling Associate Planner cc: IDR Committee Members (via email) Form A Notice of Completion & Environmental Document Transmittal SCH # �a4 Mail to: State Clearinghouse, PO Box 3044, Sacramento, CA 95812-3044 916/445-0613 Project Title: Yvonne Moore Use Permit 04-11 for Dog Kennel Lead Agency: Butte County Contact Person: Carl Durling Mailing Address: 7 County Center Drive Phone: 530-538-7150 City: Oroville Zip: CA County: Butte County — — — — — — — — — — — — — — -- : ------------------------- Project ------------------------ Project Location: County: Butte City/Nearest Community: Oroville Cross Streets: Meyers Avenue and Turner Avenue Zip Code: 95948 Total Acres: 4.7 Assessor's Parcel No. 024-160-030 Section: 8 Twp. 17N Range: 03E Base: MDBM Within 2 Miles: State Hwy #: gg Waterways: None Airports: None Railways: None — — — — — — — — — — — — — — — — — — — — — — — — — — — Document Type: Schools: None CEQA: ❑ NOP ❑ Supplement/Subsequent EIR NEPA: ❑ NOI Otter: ❑ Joint Document ❑ Early Cons (Prior SCH No. . ❑ EA ❑ Final Document © Neg Dec ❑ Other ❑ Draft EIS ❑ Other ❑ Draft EIR — — — — — — — — — — — — — ❑ FONSI Local Action Type: — — — — — — — — — — — — — — — — — — — — — — — — — — — — ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone . ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ® Use Permit ❑ Coastal Permit ❑ Community Plan — — — — — — — — — E] Site Plan — — — — — — — — — — — ❑ Land Division (Subdivision, etc.) ❑ Other — --- — — — — — — — — — — = — — — — — — — Development Type: ❑ Residential: Units 2 Acres 11.3 ❑ Office: Sq. t. Acres Employees ❑ Commercial: Sq. t. Acres Employees ❑ Industrial: Sq. t. Acres Employees ❑ Educational ❑ Recreational ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type © Other: Dog Kennel — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Funding (approx.): Federal $ None State $ None Total $ None Project Issues Discussed in Document: ❑ AestheticNisual ❑ Agricultural Land ©Air Quality © Archeological/Historical ❑ Coastal Zone ❑ Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal ❑ Flood Plain/Flooding ❑ Forest Land/Fire Hazard ❑ Geologic/Seismic ❑ Minerals © Noise ❑ Population/Housing Balance ❑ Public Services/Facilities ❑ Recreation/Parks ❑ Schools/Universities ❑ Septic Systems ❑ Sewer Capacity ❑ Soil Erosion/Compaction/Grading ❑ Solid Waste ❑ Toxic/Hazardous ❑ Traffic/Circulation ❑ Vegetation ® Water Quality ❑ Water Supply/Groundwater ❑ Wetland/Riparian ❑ Wildlife ❑ Growth Inducing ❑ Landuse ❑ Cumulative Effects ❑ Other ---------------------------------------- Present ---------------------------- --------- Present Land Use/ZoninglGeneral Plan Designation: Single Family Home/A-40 (Agricultural 40 acre minimum)/OFC (Orchard and Field Crops) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: Use Permit to allow a nonprofit rescue dog kennel. The applicant rescues dogs from surrounding animal control shelters; the dogs are spayed/neutered and put up for adoption. January 2004 23 Reviewing. Agencies Checklist Resources Agency Boating & Waterways Coastal Commission Coastal Conservancy Colorado River Board Conservation Fish & Game Forestry & Fire Protection Office of Historic Preservation. Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation &Housing Aeronautics California Highway Patrol CALTRANS District # Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services General.Services OLA (Schools) Form A, continued KEY S = Document sent by lead agency X = Document sent by SCH ✓ = Suggested distribution Environmental Protection Agency Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # ( ) Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission + Tahoe Regional Planning Agency Other ------------------------- Public Review Period (to be filled in by lead agency) Starting Date March 8, 2006 Ending Date April 9, 2006 Signature ` _ Date 002 owit D6 ----------------------------------------- Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: (—) Applicant: Yvonne Moore Address: 585 Meyers Avenue City/State/Zip: Gridley, CA 95948 Phone:5( 30 ) 695-3814 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies — Date to SCH Clearance Date Notes: e STATE OF CALIFORNIA Governor's Office of Planning and Research �8FO State Clearinghouse and Planning Unit Arnold Schwarzenegger. . Governor April 5, 2006 Carl Durling Butte County 7 County Center Drive Oroville, CA 95965 Subject: Yvonne Moore Use Permit 04=11 for Dog Kennel SCH#: 2006032029 Dear Carl,Durling: fo P �A�OFCA��fO� Sean Walsh . Director The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on April 4, 2006, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for -draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Director, State Clearinghouse BUTTE COUNTY APR 10 2006 DEVELOPMENT SERVICES I 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Repo State Clearinghouse Data SCH# 2006032029 Project Title Yvonne Moore Use Permit 04-11 for Dog Kennel Lead Agency Butte County Type Neg Negative Declaration Description Use Permit to allow a nonprofit rescue dog kennel. The applicant rescues dogs from surrounding animal control shelters; the dogs are spayed/neutered and put up for adoption. Lead Agency Contact Name Carl Durling Agency Butte County Phone (530) 538-7150 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Oroville Region Cross Streets Meyers Avenue and Turner Avenue Parcel No. 024 -160 -030 - Township 17N Range 3E Section 8 Base MDBM Proximity to: Highways 99 Airports Railways Waterways Schools Land Use Single Family Home / A-40 (Agricultural 40 acre minimum) / OFC (Orchard and Field Crops) Project Issues Air Quality; Archaeologic -Historic; Noise; Water Quality Reviewing Resources Agency; Regional Water Quality Control Bd., Region 5 (Redding); Department of Parks and Agencies Recreation; Native American Heritage Commission; Department of Health Services; Department of Fish and Game, Region 2; Department of Water Resources; Caltrans, District 3 Date Received 03/06/2006 Start of Review 03/06/2006 End of Review 04/04/2006 Note: Blanks in data fields result from insufficient information provided by lead agency. Page I of 2 Durling, Carl From: Read, Darren [Darren. Read@fire.ca.gov] Sent: Wednesday, February 08, 2006 8:22 AM To: Durling, Carl Subject: FW: Moore UP 04-11 APN 024-160-030 FW: IS 10 day review Attachments: Initial Study Moore, Yvonne UP 04-11.pdf Looks good ,,91v,;4(,e1( I�ead Fire Captain, Fire Protection Planning Law Enforcement & Fire Prevention Bureau CDF Fire, Butte County Fire Rescue 176 Nelson Ave. Oroville CA 95965 (530) 538-7888, Office (530) 538-2105, Fax From: Viernes, Sherry [mailto:sviernes@buttecounty.net] Sent: Tuesday, February 07, 2006 4:11 PM To: Bottenfield, Cliff; Breedon, Dan; Calarco, Pete; Dunn, Dawyn; Durling, Carl; Edell, Stuart; Fogel, Doug; Fowler, Steve; Gillis, Kathy; Haslem, Felicia; Hill, Rob; Hinkle, Marge; Leasure, Paula; Lucas, Steve; MacKenzie, Robert; Mann, Cyndi; McCracken, Shari; McGreehan, Al; McIntosh, Paul; McMillan, Kim; Michelena, Mark; Price, Richard; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Seidler, Kim; Severin, Vance; Starrett, Bill; Teitelman, Eric M.; Thistlethwaite, Charles; Tolley, Chris; Troester, Steve; Wannenmacher, Felix Subject: Moore UP 04-11 APN 024-160-030 FW: IS 10 day review Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING TO: Inter -Departmental Review Committee Members FROM: Carl Durling Butte County Department of Development Services -Planning Division DATE: February 7, 2006 SUBJECT: IDR Committee Review of Draft Initial Study Moore, Yvonne, UP 04-11 The attached document is an Initial Study prepared by Planning Division staff pursuant to the California Environmental Quality Act for the referenced application. This is considered a draft document and is Page 2 of 2 «° not intended for public circulation. Please review this document for your area of expertise and jurisdiction and determine if the mentioned mitigation measures are adequate or if modifications and/or additional mitigation measures are needed. Please provide any comment to the referenced planner on or before February 21, 2006. Thank you for your attention to this matter. so,I i .C. `Uie%ne6 Office Specialist, Senior Development Services 7 County Center Drive Oroville, CA 95965 (530)538-5260 .2/8/2006 Durling, Carl From: Richard Helman [richard_helman@dot.ca.gov] Sent: Wednesday, March 15, 2006 4:40 PM To: Durling, Carl Subject: Review of Yvonne Moore UP 04-11 MND Hello Carl: we have reviewed the subject mitigated negative declaration and have "No Comment" provided that access to and from the site is solely from Meyers Avenue, a septic system is in place for dog wastes to mitigate potential water quality impacts, and there is no net increase to the surface water (storm water) peak runoff discharge (100 year storm event) within the State's highway right-of-way and drainage facilities. Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning -North, P.O. Box 911, Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 M 1 i Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.netldds ADMINISTRATION * BUILDING * PLANNING MAR 3 2006 March 2, 2006 LCAND--- ACE J. GRUBBS, BUTTE CO. CLERK I \/Al I E 10 DEPUTY BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION/Use Permit Name: Yvonne Moore Project: Use Permit UP 04-11 Planner: Carl Durling APN: 024-160-030 Zoning: A-40 Location: on the west side of Meyers Avenue extending through to Highway 99, approximately. ;•..-: 1,000 feet north of Turner Avenue, southeast of Gridley. Proposal: Use Permit for an existing commercial kennel (up to 20 dogs) for canine rescue The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting March 7, 2006 through April 6, 2006, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. Written comments will be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. For further information regarding this project, please contact Carl Durling, at (530) 538-7150. S BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Mercury Record on Match 7, 2006. 2 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Yvonne Moore DATE: 11/5/2003 AGENT: APN: 024-160-030 FILE #: UP 04-11 PLANNER: Carl Durling PROJECT DESCRIPTION: see attached description from Yvonne Moore, president of Sutter Buttes Canine Rescue Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ I. 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), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. ❑ 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. ❑ 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. ❑ 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion water tend fund, is required prior to the issuance of a building permit. ❑ 5. A pressurized community water system for fire protection is required. The specific locations and fire, flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing feet, hydrant size inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. ❑ 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ ❑ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. ❑ 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. ❑ 9. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. NO R.EQU.LR.E.MENTS Revised 8/13/03RT 1 APPLICANT: AGENT: FILE #: Yvonne Moore UP 04-11 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: 11/5/2003 APN: 024-160-030 PLANNER: Carl Durling PROJECT DESCRIPTION: see hard copy of description from Yvonne Moore, president of Sutter Buttes Canine Rescue Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee -simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® I. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that . the parcel of the subject application is a legal parcel. a Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile November 8, 2004 TO: Inter -Departmental Review Committee FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11, Modified ProJect and Site Plan APN: 024-160-030 ' DATE OF IDR*: 11/17/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: November 15, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: December 2, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 11/17/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: see hard copy of description from Yvonne Moore, president of Sutter Buttes Canine Rescue, distributed 11/04/04. PROJECT LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an email at cdurling@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE = APPLICATION COMPLETE: No (Please send response to Carl Durling by November 15, 2004) Yes (Conditions/mitigation measures due by December 2, 2004) K:\Planning\Projects\ConimentRequestFon-n.dot Butte County • . Page 1 of 1 Durling, Carl From: Hill, Rob Sent: Monday, November 15, 2004 1:20 PM To: Durling, Carl Subject: Moore Kennel UP 04-11-05 new Butte County Department of Development Services Planning Memorandum November 8, 2004 To: Inter -Departmental Review Committee Subject: UP .04-11, Yvonne Moore, Modified Project and Site Plan Planner: Carl Durling APN: 024-160-030 Location on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley Date of IDR: 11/17/2004 Please respond by November 15, 2004, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by December 2, 2004. Standard Conditions are attached for .your convenience. Placement of the kennel does not appear to pose any impact to the adjacent orchard. Set back is adequate. Animals should be protected from any agricultural sprays. As with the other kennel a good vegetative screen is helpful. , Signature: Robert C. Hill, Deputy Ag. Commissioner Date: November 15, 2004 (Please send your response to cdurling@buttecounty.net.) 11/15/2004 • Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile November 1, 2004 TO: Inter -Departmental Review Committee FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: B. Jack Long, Tentative Parcel Map - TPM 05-12 APN: 028-250-001 DATE OF IDR*: 11/17/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: November 15, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: December 2, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 11/17/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: proposed Tentative Parcel Map to divide a 49 -acre parcel into two parcels (24.5 acres each). Each parcel would have an existing single family dwelling and accesssory structures. PROJECT LOCATION: on the east side of La Porte Road, approximately 1,550 feet south of the La Porte Road and Oroville Bangor Highway/Los Verjeles Road intersection, at 5618 La Porte Road, Bangor COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: U (Unclassified) GENERAL PLAN: LDR (Low Density Residential) and C (Commercial) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 2/24/2005, before the Planning Commission. IDR COMMITTEE --,,APPLICATION COMPLETE k No (Please send response to Mark Michelena by November 15, 2004) Yes (Conditions/mitigation measures due by December 2, 2004) ft Durling, Carl From: Wannenmacher, Felix Sent: Tuesday, November 16, 2004 9:08 AM To: Durling, Carl; Christopher, Yvonne Cc: Miller, Gloria Subject: Moore Application (UP 04-11) A#04-479 Hi Carl and Yvonne, There is a conflict between the plan and the description. The plan says phases I and II will be taken out when III is done. The description says they will stay. Look at prior kennel projects for additional issues and conditions. Felix CONFIDENTIAL --ATTORNEY-CLIENT PRIVILEGE • CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. APPLICANT: AGENT: FILE #: Yvonne Moore UP 04-11 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT DATE: 11/5/2003 APN: 024-160-030 PLANNER: Carl Durling PROJECT DESCRIPTION: see hard copy of description from Yvonne Moore, president of Sutter Buttes Canine Rescue Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® 1. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. Page 1 of 1 Durling, Carl From: Schroth, Eric Sent: Thursday, November 18, 2004 8:44 AM To: Durling, Carl Cc: Breedon, Dan Subject: FW: 11/17/2004 IDR, modified plan of UP 04-11 for Yvonne Moore; Carl Durling, planner I am resending our conditions per 11/17/04 IDR request. From: Thornton, Roneva Sent: Monday, November 08, 2004 1:23 PM To: Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Edell, Stuart; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Read, Darren; Reimers, Ken; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix; Willis, Don Subject: 11/17/2004 IDR, modified plan of UP 04-11 for Yvonne Moore; Carl Durling, planner 11/19/2004 t I W_ ednesday, May 11, 2005. Development Services r ` s PLANNING DIVISION ver. 1.0 Counter- — - -, DDS Planning $620.00 iPerson Diane (General Fund) Payment Date 5/11/2005 Public Works $0.00 E (Land Development) Receipt Number 430515 Environmental Health $0.00 !Yvonne Moore— CDF (Fire Department) — - " --- $0.00 Received From same ' N NOD / NOE $0.00 Applicant (Recording. Fee) r� ----- Aunt Minnie $0.00 Application Number UP 04-11 $1, 500 or $2,000 or In Reference To Planning Review / EIR _ $0.00 Parcel Number 1024-160-030 Check Number / Cash ;1749 Total Received". 3620.004 Total.Fees t620:�� Fish/Game ALUC (Airport Land Use) Non Sufficient Funds ($25.00 Fee) 1Cell Tower ($2500.00) Public Sales /Copies Other: -- - $0.00 $0.00 $0.00 ^ $0.00 $0.00 $0.00 A • • COUNTY OF BUTTE 430515 OFFICIAL RECEIPT OFFICE OR DEP�D T ISSUING RECEIPT Received from 4V^� The Sum of L.L+ .i -k�- r-- !?.6_ Y".f -OCA For - Received: Received By CASH ❑ Title CHECK [!0 �� By DAVCO BUSINESS FORMS - (530) 743-8511 Forth 84702 • n u I 0 COUNTY OF BUTTE .. AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA . UvillmI'* 8460mr5 RECEIVED FROM PLANNING BAG *329 DATE 611212006 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT -DATE:. 512 RECEIPTS: jPLANNING ADPL FEESJ GENL 0010 4400tH -42109W 101001 4,903.00 Project Number Amount of Fee APN-.'028-23U19.65-LES ROWN:PER-TSM W7 $3.478 APN047-200-13p._1.97,499-GEORGENICOL-AUS-LLA-05-32 $555 LAN 6[)t�iL&MENT ZENIL 0010 44GOD4, 4611700 101001 774.00 Project Number 'Amount of Fee APN;;Q28-23G-0iG,p5-LEs ROMINGM7TSM .05-17 $445 APN:047460-139. 197, 4994120kdE NICOLAUS1LA 05-32 $369 ENVIRONMENTAL.,LTH.. '�':GENL. .0010 AW.MiMi APN-047260-139,497,'199.OWR'GE'NICOLAUS-UA 05-3.2 FIRE PLNG ADPL - FE PROTECT 0100 -FIRE EECT E APN:028-230-4190-LES ROMINGERT-SK-0541 APN,047,12Wi3g, 197,499-GEORGEVOOLAUS-LLA 05-32 NODINOE CLERK'S FILING`FEQENL,�. ($36) "00 Number APN:028430.019*;65.LES,R0MlNG M-05-47 AGRICULTURE GENL 0010 Prulect Number APN:028-230-019,65-LES,zROMINGER-TSM 0647 APN�04700-939. 197. igl;.GEORGE NICOLAUS-LLA 05-32 DOCUMENT/COPY SALES. GENL 0010 5400M - 4614901 101001 Amount of Fee $286 46I7240 101001 Amount. of Fee $431 $5.4 470IDDI 4612319 101001 Amount of Fee 46=11 4612100 1011110 Amount of Fee 532.50 $32.50 4400'49'' .4711910 1011*110 1,031.00 .485.00 36.00. 65.00 16.00 TOTAL 7,310.00 Pv APPROVED BY: R -E1% D BY: AUDlMR__cDhMRDl -1 ER A -t W . ........... B - whl(Aeasurer pi: n*au ditor 0k- anarpciepos! rod=rjie , Durling, Carl From: Stephen A. Streeter [sasplanning@sbcglobal.net] Sent: Monday, May 02, 2005 12:02 PM To: Durling, Carl Cc: Wannenmacher, Felix Subject: Re: Initial Study Moore, Yvonne UP 04-11 Moore UP 04-11 IS.doc (683 KB)... Carl - Please review comments & edit. Felix - Please review & comment. Stephen --- "Durling, Carl" <CDurling@buttecounty.net> wrote: > Stephen: > Please review this IS. > Thanks, > Carl 1 t+ 1 f ' at R ti r New Kennel site area for maximum 18 dogs. 1 r kl- Existing Kennel and 44, proposed phases 1 & 2. r Upon completion of new kennel site, phase 1 & 2 to be removed. . ; * ' ' s . • a v ir• i � a, ♦. r n � f _ •__ . •�'. _ • t 6♦•FR f n..'J• ria f• a' •at '• Y 0'i a \ii \ _ •' • �� w!�•k iii �' wi.�J.r' uF � i i • \ •i y 1 ♦� i , � '� -- •!f-x � �w�fM 6 i � • i 'i , , CO -UNIFY OF BUTTE OROVILLE, CALIFORNIA S Chico Enterprise. Record u P.O. Box 9 P Chico, CA 95927 Account P # 016410 L E- R _ FIELD 1 NUMBER PURCHASE ORDER F 06-205 Issued By. DDS/Planning Division Department DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 3i2-/06 AMOUNT NOTICE OF PUBLIC HEARING 020 40-001-53 2 To be published in the Oroville Mercury 3 on Tuesday, March 7, 2006 4 ' Please furnish this office two copies of the affidavit of 5 Publication. 6 " Moore UP 04-11 s/ Butte County Planning Michelle 538-5260 17Count Center Drive Oroville, CA 95965 I TOTALI Q aQ. 03 1 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a e p ropri ' fo a same. F 06-205 Date: i j Uj G. �. e a en or u rize epu y CI IPPI IFR No Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD Cay � DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD Cay � ADVERTISING INVOICE STATEMENT -CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 BUTTE COUNTY PLANNING COMMISSION. 7 COUNTY CENTER DR OROVILLE, CA 95965 ACCOUNT: 016410 NOTICE OF PUB. HRG / F06-205 PUB. DATE: MARCH 7 2606 13 1/2" @ $8.97/" INTERNET CHARGE $121.03 $1.00 TOTAL $122.03 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of NOTICE OF PUBLIC HEARING. AFFIDAVIT OF PUBLICATION State of California ----' - SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned n was a citizen of the United States -and not -a party ------- to nor interested in the above entjtledmatter;-_,--.-_-_-. that I am the principal clerk of the printer and publisher of The Chico Enterp'rise-Record -__ The Oroville Mercury -Register f - c a That said newspaper is one of general circiila' tion as defined by Section 6000 Government Code of the State of California, Case No. 26196 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: MARCH 7 2oo6 Dated March 13, 2006. at Chico, California. (Signatur ) No. Fo6-205. In accordance with the California Environmental Quality Act (CEQA), an Ini- tial Study has been prepared for the following project. Therefore, Planning Division -staff is recommending a,Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/Use Permit, Name: Lewis -Duggan, LLC Project: Use Permit UP 04-11 Planner: Carl Durling APN: 024-160-030 , Zoning: A-40• Location:.on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley. ' Proposal: Use Permity for an existing commercial kennel (up to 20 dogs) for canine rescue. The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for,public review starting March 7, 2006 through April 6, 2006, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. AII'interested persons are invited to review the documents. Written comments will be accepted by the Planning Division•at the above address. Any written comments on the Initial Study/Mitigated Negative Decla- ration must be received of the above address within the public review period. ,If -you challenge'the Initial Study/Mitigated Negative Declaratioq in court, you may be limited to raising only those issues you or someone else.raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined: Landowners within 300 feet of the project site will receive written notice as to the date, time, and loca- tion of the Planning'Commission hearing. ' • For further information regarding this project, please contact Carl Durling, at (53Q) 538-7150. I BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS,.DIRECTOR OF DEVELOPMENT SERVICES e t'. F06-205 . f Publish: N{arch 7, 2006 _ s No. In the Matter of Affidavit of Publication --of-- B-02 IDR Meeting Project Date Issues: `I-0✓- Zicc.)E-crv;_ S�vV-�cJVWi U -Department---..__._.. _._...__.........._ _....___.._.-Issues..:_... ..._...._......._.._..__....... -- .__.Decision - Planning,, CDF Building _ Ag Commissioner Public Works Env Health w(,u.V- 8ouwi- cv� e.e, As County Counsel Butte County Michelena, Mark Page 1 of 1 From: Hill, Rob Sent: Monday, November 15, 2004 1:20 PM To: Durling, Carl Subject: Moore Kennel UP 04-11-05 new Butte County Department of Development Services Planning Memorandum November 8, 2004 To: Inter -Departmental Review Committee Subject: UP 04-11, Yvonne Moore, Modified Project and Site Plan Planner: Carl Durling APN: 024-160-030 Location on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley Date of IDR: 11/17/2004 Please respond by November 15, 2004, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by December 2, 2004. Standard Conditions are attached for your convenience. Placement of the kennel does not appear to pose any impact to the adjacent orchard. Set back is adequate. Animals should be protected from any agricultural sprays. As with the other kennel a good vegetative screen is helpful. Signature: Robert C. Hill, Deputy Ag. Commissioner Date: November 15, 2004 (Please send your response to cdurling@buttecounty.net.) 11/17/2004 Michelena, Mark From: Walters, Charlotte Sent: Monday, November 08, 2004 10:16 AM , To: Durling, Carl . Cc: Fogel, Doug; Walters, Charlotte Subject: UP 04-11, Yvonne Moore, APN 24-160-030, Modified Project and Site Plan Application Complete, Condition: Must install sewage disposal system for the new kennel under permit from Environmental Health. Installation must be designed so that waste can be washed directly into the septic tank. • Michelena, Mark • From: Castillo, Wendy Sent: Tuesday, December 02, 2003 10:13 AM To: Michelena, Mark Subject: FW: YVONNE MOORE USE PERMIT APPLICATION, Mark pleaes disregard origional e-mail.Thanks Wendy' -----Original Message ----- From: Castillo, Wendy Sent: Tuesday, December.02, 2003 10:09 AM To: Michelena, Mark Subject: YVONNE MOORE USE PERMIT APPLICATION Hello Mark, Conditions that Butte County Animal Control would request be applied are: Limit total number of dogs to 12 including kennel owner/operator personnal dogs. Sanitation is an issue as waste is significant, install septic/waste disposal system following Butte County Environmantal Health conditions. All dogs over four months of age housed at kennel facility, for any purpose must be currently vaccinated against rabies and proof provided to Butte County Animal Control. All dogs housed at kennel facility will be provided nutritional food, clean water and protection from the elementson a regular basis. Compliance inspections will be conducted annually. Kennel owner/operator will apply for a kennel license within 30 days of approval of use permit. Kennel license must be applied for annually after initial issuance. In the past 6 years, we have placed over 2000 dogs. On average we place a dog in a happy home once a day. Most of the dogs that have been rescued have come from local shelters or have been abandoned and left to fend for themselves. Puppies and dogs are waiting to be adopted into good homes with loving families. LOOKING FOR A DOG OR PUPPY...... 00 0. Do 00 Q 00' OQ fQ ... We have adoption sites that you are more than welcome to come and visit. 00 00 „ '00 QQ, . WHERE: Next to Raleys in Yuba City WHEN: Every Saturday TIME: 11:00 am — 3:00 pm In preparation for adoption, all puppies are vaccinated and wormed, all dogs are spayed or neutered, and rabies. Visit our website at: www.petfinder.com BUTTE COUN-W Nov 0 1 M04 MAIL TO: Registry of Charitable Trusts P.O. Box 903447 Sacramento, CA 94203.4470 Telephone: (916) 445-2021 WEB SITE ADDRESS: http://ag.r-a.gov/charities/ CHARITY .� _ REGISTRATION FORM STATE OF CALIFORNIA OFFICE OF THE ATTORNEY GENERAL REGISTRY OF CHARITABLE TRUSTS (Government Code Section 12580-12599.5) Official name and mailing address of organization: Federal Employer Identification Number: 31-1753'olq� A33142 SUTTER BUUTES CANINE RESCUE Corporate or Organization Number: C/O YVONNE MOORE 585 MEYER AVENUE 9 9 0 GRIDLEY, CA 95948 1. Names and addresses of ALL trustees or directors and officers (attach a list if necessary ): j wX e ytlori/1 < d'Y'loor-c-, C_4t&j_ 14-0n« � & -e-y-o /4 ? Llq U r i -e (3t ' � 2. Attach a statement fully describing the primary activity of the organization. (A copy of the material submitted with the application for Federal or State tax exemption w ill normally provide this information). 3. If the organization is based outside California, comment fully on the extent of activities in California and how the California activities relate to total activities. In addition, list all funds property and other assets held or expected to be held in California. Indicate w hether or not you are monitored in your home state, and if so, by whom. 4. A) If assets (funds, property, etc.) have been received, enter the date first received: B) If assets (funds, property, etc.) have not been received, enter the date when such receipts are expected: Registration will be processed upon receipt of your first financial statement showing assets and/or revenue. 5. Annual accounting period adopted: O/ Fiscal Year Ending Q Calendar Year 6. Attach your foundation documents as follows: . A) Corporations - Furnish a copy of the Articles of Incorporation and all amendments and current by laws. If incorporated outside California, enter the date the corporation qualified through the California Secretary of State's Office to conduct activities in California: B) Associations - Furnish a copy of the instrument creating the organization (By laws, Constitution, and/or Articles of Association). C) Trusts - Furnish a copy of the Trust Instrument or Will and Decree of Final Distribution. 7) Attach a copy of the Federal exemption determination letter, if av ailable. Signature Date Address ' ' Ivi / z - ` Organization's Telephone Number � n .._ I �3��E-Mail Address y in XML' CT -1 (9/2002) - 24 9 7090 ENDORSED in the o of theSretar�y LED te of the State of California ARTICLES OF INCORPORATION FEB 2 0 2003 KEVIN SHELLEY The name of this corporation is Sutter Buttes Canine Rescue Secretary of State A. This corporation Is a nonprofit PUBLIC BENEFIT CORPORATION and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for. ( ) public purposes. or ( ) charitable purposes. or ( x) public and charitable purposes. B. The specific purpose of this corporation is to establish and maintain a sanctuary that provides a safe environment for homeless and abandoned pets; provide foster care and assist in placement of ,such animals. The name and address in the State of California of this corporation's initial agent for service of process is: Name Yvonne Moore Address 585 Meyer Avenue Ctty Gridley State CALIFORNIA Zip 95948 IV A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the pubtisMng or distribution of statements) on behalf of any candidate for public office. 0 The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to,ttie benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distribVted to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3), Internal Revenue Code. Yvonne ore , Incorporator; se"ary of State . ARTS -pe (0"2) Davies Animal Medical Hospital, Inc. 1630 Sierra Avenue, Suite 1 Yuba City, CA 95993 530-671-3014 October 27, 2003 Putman Trust, Trustee of the Elinor Patterson Baker Trust Fund 10 Mason Street Greenwich, CT 06830 ATTN: Ann Panoli, Vice President I am pleased to support Sutter Buttes Canine Rescue's application for the grant from Elinor Patterson Baker Trust. Since Sutter Buttes Canine Rescue began, I have been performing post adoption physical exams on many of their newly adopted dogs. I have continuously found a very high percentage of their dogs to be free of disease, and internal/external parasites; they possess good body composition and overall are found to be in very good health for the adopting family. I have also performed pre adoption physical examinations on their dogs with questionable health status. The dogs with a good prognosis were treated and placed up for adoption once they had returned to good health. In contrast, I also perform post adoption physical exams on pets from other pet adoption agencies currently in this area. A very large percentage of these pets are found to be parasitized, ill from various diseases and some require euthanasia or die shortly after adoption. While these agencies' intentions may be good, many of these pets are not suitable for adoption. However, many are adopted out only to have the adopting recipient assume the financial burden of medical treatment. As a practicing Veterinarian in the Yuba -Sutter area for 25 years, I have observed pet adoption agencies come and go for many reasons, primarily, lack of money, mismanagement and disease due to poor sanitary conditions. The latter two appear to be well under control by Sutter Buttes Canine Rescue. It is with sincere conviction that I recommend Yvonne Moore and the personnel of Sutter Buttes Canine Rescue for the grant. They are very successful in their continuous mission to adopt out healthy dogs (which otherwise would be euthanized) to good homes. We need more pet adoption agencies like Sutter Buttes Canine Rescue in our area. I would be happy to elaborate on their merits if you wish to call me at work 9:00 a.m. - 5:00 p.m.; PST. Monday - Friday, (530) 671-3014. Sincerely, Lloy G. Davies, D.V.M. OCT -17-2003 02:53P FROM:SPCA 67344 TO: 08467418 P:1/1 Yuba -Sutter S.P. CAI.. 745 Sutter Street Yuba City, CA 95991 .son -67;-6390 October 17.2003 To Whom It Afay Concern: Please accept this letter as a recommendation fir Sutter Buttes K-9 Rescue.. SPCA representatives have visited this shelter numerous times and have found all animals well cared for:. All animals are spnved and neutered prior to adoption and are placed in homes that meet any and every special requirement. Arty rani till donations given to Sutter Buttes K•9 rescue go directly towards the care and placement of every animal. Animals rescued through this organization are surrendered ftam local animal control agencies after there time has run tout. .This organiuition is commendable for his or her efforts and hard work in finding each animal that very .special home. This organization has been a truce asset to this community. Please contact me ifyou ,should /rave arty questions. Resp •tfully, r� �lrrl ct. Ile" ".4 Norma C Rubio SPCA Operations Manager N O V 1 I. ZUUJ %- *DEPARTMENT O0EVELOPCNIIjP ' 1 ,&VtESIP PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Environmental Health FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11 _ APN: 024-160-030 DATE: November 18, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue PROJECT LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley County Supervisor District No: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard &r Field Crops) If a response cannot be submitted prior to December 4, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 3/11/2004, before the Planning Commission. 10,PWORMA. .5 'may 4 *EWA DEPART TOF DEVELOPMENT PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 SERVICES 91__.V-' TO: Public Works Director FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11 APN: 024-160-030 DATE: November 18, 2003 no Dz The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue PROJECT LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley County Supervisor.District No: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to December 4, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 3/11/2004, before the Planning Commission. RFP.F11 NOMI DIV. COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: �� ?Go3 r DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Building Manager FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11 APN: 024-160-030 DATE: November 18, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue V, PROJECT LOCATION: on the west side of Meyers Avenue extending through to, Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley County Supervisor District No: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard &r Field Crops) If a response cannot be submitted prior to December 4, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 3/11/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): M, 79cle-c A UM/r oN N&Ame-f of Doer ? /0'X1-'-1 1341/1,DlNZ Lett. e6QuiR-C Ftg"17s -ra (oaV6-2T 70 x�NNEt`S�IPPo/Z� ciTy. By: r�iV� Date: r DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 • 6� �D NOV 2 � X03 TO: Sheriff �DUNw PLANNING DNISION FROM: Mark Michelena, Butte anning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11 APN: 024-160-030 DATE: November 18, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue PROJECT LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley County Supervisor District No: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to December 4, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 3/11/2004, before the Planning Commission. (Please be specifi . Letters or additional comments may be att, By: �,/ _ 40,C64U., !/I� Date: //- 20- ^; 0 • DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 IW - FROM: FROM: Mark Micheleria, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Yvonne Moore, Use Permit - UP 04-11 APN: 024-160-030 DATE: November 18, 2003 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit to establish a kennel for canine rescue PROJECT LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley County Supervisor District No: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard &r Field Crops) If a response cannot be submitted prior to December 4, . 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for 3/11/2004, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: V/ L] LEAD IN SHEET FILE NO: UP 04-11 APN: 024-160-030 APPLICANT: Yvonne Moore 585 Meyers Avenue Gridley, CA 95948 OWNER: Yvonne Moore REPRESENTATIVE: REQUEST: Use Permit to establish a kennel for canine rescue LOCATION: on the west side of Meyers Avenue extending through to Highway 99, approximately 1,000 feet north of Turner Avenue, southeast of Gridley SIZE: 4.7 acres SUPERVISORIAL DISTRICT # 4 EXISTING ZONING: A-40, (Agricultural, 40 -acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Application Received 11/5/2003 Date Project Assigned 11/17/2003 IDR Date 12/03/2003 30 Day Complete 12/5/2003 Preset Hearing Date 3/11/2004 • E BUTTE SUTTER BUTTES CANINE RESCUE COUNTY 585 MEYERS AVENUE MAR j 0 2a GRMLEY, CALIFORNIA 95948 DEVELOPAUNT PHONE (530) 695-3814 SERVICES FAX (530) 846-7418 March 10, 2005 Sutter Buttes Canine Rescue is located south of Gridley, CA. We operate in a small community, and presently our facility runs solely through volunteer work, donated goods, time and money. In the last year SBCR placed 385 dogs. The dogs that are adopted out of our facility are dogs that were rescued from two county shelters, 4 surrounding towns as well as surrendered by owners. Currently we are running at maximum capacity and have to turn several animals away daily. These animals are often put to sleep, as they have nowhere to go. The primary objectives and purpose of this organization is to: (1) Establish and maintain a shelter that provides a safe environment for homeless and abandoned dogs and puppies. (2) To spay, neuter, vaccinate, and provide any medical attention the animal needs while staying at the rescue. (3) To place our canines in safe, loving and permanent homes with responsible pet owners. (4) To accomplish this within 30 days of the animal arriving since Sutter Buttes Canine Rescue is a rescue not a sanctuary. Our Mission is to: (1) Control the over -population of canines in our area, by spaying and neutering all animals before being released by the rescue. (2) To educate the public on the importance of vaccinating and altering their pets. (3) To work closely with local animal shelters to help place adoptable dogs. (4) To network with other Rescues and exchange information on adopting certain breeds. (5) To provide a very necessary service to homeless and abandoned canines in the three surrounding communities that otherwise is not available. The future goal of Sutter Buttes Canine Rescue is to build an indoor facility to meet the following needs of homeless and abandoned canines. Sutter Buttes Canine Rescue is proposing a three -stage process complete this process. Phase One: This includes our current 9 existing kennels. Presently all operations are being handled in this one area but upon completion of our third phase this area will become our quarantine area. This area will introduce new canines to the facility for evaluation as well as providing an isolated area for sick canines to prevent spreading of disease and infestation. This area will allow us to give any medical treatments or hygiene treatments to allow the animals to move to the main unit. Phase one area will be removed upon completion of phase three. �j:..+, YPPi:4� /,(V[iICt�{i,ii�ra .Y;I.6CiI3xT.J I�li1t-��c3 itli+c) �z✓C>Ii�i Zt)0� .{►1 ri�1r,Al� 1lfilIv, r ni ';1!31:)SIL' JW .i1.) .-'p1htI;)I0 t{Illf)? b-..fLt)GI .;1 )uaZ9S1 9fr[r,lirJ 2�13[�t; 1yt1;1�: .a.bfio,; b.51ntlnb .Alow motilmkiv r1w(mb vt9iOr Fmin'r3tfta 1. wo °,l]n�'rrlff Iln�; ,�titittlfrnrfTr): .v�rt�xtt faro. emit 1uolo wo bt)*M 1I:)r °n; IfAl aa.pb 51171 -?aub �Xf b�Oulq "'IDHV! •irw tzrl ZA n1 at; Iki"I ?n owl m(AI 9't3vr !fsrl' 2gu1) rr'itlt or v.! 11,vr. 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Z9bI3ia11t 2if'IT %m6 �?utlq i{ivi c::u;'ddl n?l;dq b -dill volo uni1'.Ilgmu�) n -qu lura 1ao1Q 'mo ai:Ii fti bjlbncd 4,rjA 1:)'i 'oiliz-A grit 01 i.tm;n i J, in ojub =zlni f lin r, +l; P41-1 .n:fi;3 `tfiilfifij.rw y ?ijo !)m:3ri lt1'`iiltbfialg2 1R:) tirv{ [?t 29rimc.) 161 Pivlfl {)`l z1ozi fit; !-Abt'101q n. 119%J 2;3 voilf;uflrV9 :ff;li 'l ti '10 �In 1ft1Ia7L 1uJ1'l;;fr ./an twig of ..0 ✓Jour Iiifl f;,)'!r- Z:riT .fioimi89irli IJ`..''rf?rrl`J'i 'Ni I{i'.`: Farm. .mo 9?,rrfll Iiru aiarri X01 J)t 5VUfrd 01 elrrrtirtn oq1 JJci=Iv r)i %ift=irra tri :91r1t lififlfl ir) n"AwIfifflot) itor�( Phase Two: An additional three kennels would be added. This area upon completion will be the nursery area for whelping mothers and puppies. This ensures the mothers comfort and the puppy's safety by having their own area away from the other dogs. Phase two will be removed upon completion of phase three. Phase Three: This area would be an additional 18 kennels. Phase three would house the majority of our canines, and being an indoor facility, would buffer any noise to our neighbors and surrounding area. By incorporating a septic for the area we would help to elimate odors and promote a healthy environment.for our canines. This area would also have a large fenced area for the canines to be turned out in good weather to play and exercise to help ensure good mental health as well as physical health. Phase three will also have adequate heating and cooling to provide the canines with comfortable living area until adoption. This new area will also incorporate the animal needs that where previously phase one and phase two so all of our needs are meet in one general area. Yvonne Moore President ,Toitoigttio:; noq,,, mriti eirfT .bwAn wd bluafr zf-rm-a xitrb flan j ibbn riA :a rr i' n rtrilf vudlom u6i ; j-iuzrto,!ir1T .::;jiggijq oris eodlottr 101 Wyu; n: evjr, -tit -r{ li'rr; .,mdi. ,qob itillo 1r{Y MMI rtr.rF m-tr: n mo ti. -Al frninuf •rrl •Ztsit;z ?"Igquq grit bu Plolrno:j -:3virb t)zr:rtq fo nobulquioLi roqu bwortrot A ilivr alit ::'rlt szt fir{ btuovr :°;tris .^i;;tu A 8l f n t,'ibbr. w; -d blijuo nnc zitl'l- :J-rirff azntPI •tuo w :rzifm vru; tT.I-id b►uow .,(filionI trx)brr vw pi -d bs!s .z sriirtt;:, t:tU Yrs r.iirojsrn of rltwi bluorr wt mni; xi'l Toa Algw.. s yriih,,-rogIo.;ni rd .n.tt; grribufjor-u- i;nf, elodr[ i -n bluoa zim, nmirir- irto .ci tnirt!rrnlivn:� vMatod ii -Jour qq bnr: enobo !Dinrnil- r, yniq of •rsrilr;grr boot ni Juo Lamin A o) 2wrin€4�) odl 101 rw7s :;:;;;n;it o81,;l j; asrsrf lli•fr =ifli =awfq .:ftlt:sd inAavr'q zc il:;%r 2£ ti;lG`d lc; w)m boo- -tucn3 gl:irf of wianx.D gnivil :sldGttriTrno, dtivr wti •iarrf;fq of goiloo:; brie, ari:fwfl jiattpal3m uY d fair ;;t-rNr Inuit zf1S1Sl irtYfii2f.:jrit-iclnt{ -.xmi ot:1411hu ro7G wun zirfT .soil(jobs limn is -Yr; v; -m lr;t mum Jnr; ni jt 9= t,?G <bba:;r. tuo Io iii oz o -»r u?mdq bito •inti oestiq �{tf rrciiv;�7q 5-16-;,11'! _:rrtinvy locbia4-19 SUTTER BUTTES CANINE RESCUE 585 MEYERS AVENUE GRIDLEY, CALIFORNIA 95948 BUTTE PHONE (530) 695-3814 COUNTY FAX (530) 846-7418 Nt9V 0 12004 DEVELOPMENT October 26, 2004 SERW[CES Sutter Buttes Canine Rescue is located south of Gridley, CA. We operate in a small community, and presently our facility runs solely through volunteer work, donated goods, time and money. In the last year SBCR placed 385 dogs. The dogs that are adopted out of our facility are dogs that were rescued from two county shelters, 4 surrounding towns as well as surrendered by owners. Currently we are running at maximum capacity and have to turn several animals away daily. These animals are often put to sleep, as they have nowhere to go. The primary objectives and purpose of this organization is to: (1) Establish and maintain a shelter that provides a safe environment for homeless and abandoned dogs and puppies. (2) To spay, neuter, vaccinate, and provide any medical attention the animal needs while staying at the rescue. (3) To place our canines in safe, loving and permanent homes with responsible pet owners. (4) To accomplish this within 30 days of the animal arriving since Sutter Buttes Canine Rescue is a rescue not a sanctuary. Our Mission is to: (1) Control the over -population of canines in our area, by spaying and neutering all animals before being released by the rescue. (2) To educate the public on the importance of vaccinating and altering their pets. (3) To work closely with local animal shelters to help place adoptable dogs. (4) To network with other Rescues and exchange information on adopting certain breeds. (5) To provide a very necessary service to homeless and abandoned canines in the three surrounding communities that otherwise is not available. The future goal of Sutter Buttes Canine Rescue is to build an indoor facility to meet the following needs of homeless and abandoned canines. Sutter Buttes Canine Rescue is proposing a three -stage process complete this process. Phase One: This includes our current 9 existing kennels. Presently all operations are being handled in this one area but upon completion of our third phase this area will become our quarantine area. This area will introduce new canines to the facility for evaluation as well as providing an isolated area for sick canines to prevent spreading of disease and infestation. This area will allow us to give any medical treatments or hygiene treatments to allow the animals to move to the main unit. SUPER"-- J JtJ I :-i -J 8 1 J"TY--1 FIVA .q, arbitf i;i �ja;-.,W) -onfol j:APJ?, C (1, t.1 -.1floIbmt; vla lrnaica ,7'2 r ZOri,. i.'(F --Mo J111, wlo,lo "o{f) elf,Otf 'Wrl" Er, 111'j,1! i1b01 Ill'-! i� ;,i; oi -tjjr( wAr, �!Zmlftri y"Im !--n c:Llolb h,Ti,jbn of E) ihai` -hovi ol evict U fur; ru, bl;vd w ar 1, oo� bra; 11c) J -,%in ? -3 1:• f I i.. 'Hy? Gull. ?A! 'undu 1:)(, lo i;,)*,-;,11:17*o.-, acn,", "w" it; ;-;Jj or!i"~Yd T, w1fl.}1;1 =i e,:),an6jrr z.4;T x,�)-m 117.11(,,,I�J' i3:nn j, n; rtoit 1 -lo Frf]uqjuvsa V-,(. !;w 1; ,) -3 :(Ili I; X'm 'A ! N vrom ol ;31 F"I (v n"I ,)rSf 'al 1), o,�:Inwv !-n-f, • • Phase Two: An additional three kennels would be added. This area upon completion will be the nursery area for whelping mothers and puppies. This ensures the mothers comfort and the puppy's safety by having their own area away from the other dogs. Phase Three: This area would be an additional 18 kennels. Phase three would house the majority of our canines, and being an indoor facility, would buffer any noise to our neighbors and surrounding area. By incorporating a septic for the area we would help to elimate odors and promote a healthy environment for our canines. This area would also have a large fenced area for the canines to be turned out in good weather to play and exercise to help ensure good mental health as well as physical health. All three phases would have adequate heating and cooling to provide the canines with comfortable living area until adoption. Yvonne Moore President BUTTE COUIm NOV 0 1 2004 DEVELOPMENT SERVICPS Jai: or m FILE NO: 0 i 4 44-Y i "DRAFT" LEAD IN SHEET AP# A Y—/ -0d — 0.?0 APPLICANT: Yky& o- Mope �'�. 5% -67 /3%y��2 S,,4UC�., G� 4Cc'7, v} %Sfirg OWNER: Srncs REPRESENTATIVE PROPOSED REQUEST: (to be filled out by person taking in application) &-s T. " s m .4- L irB 2 e ¢.✓ (N e ,e t -s' C v FINAL REQUEST: (to be filled o)4t by project planner) 4 (Jk_ PtI-94-t-4- `lam` Gth ?, zci S{-rM SIZE: At -_7 SUPERVISORAL DISTRICT # = EXISTING ZONING: -A - �IT GENERAL PLAN DESIGNATION: fll= 1 W303 MCI All w W4,19191l Date Application Received !f 10a O 1 Date Project Assigned /7 AlAl 03 +IW 30 Day Complete r d&-Z� 43 12M alm!I 1 d PLANNERS INITIALS 41 COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer Environmental Health Sheriff X. LAFCo Biggs Oroville Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _ OWID Table Mountain Irrigation, Domestic Water _ Butte Water District _ OWID Sewer _ Butte Water District Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies _ CalTrans (Traffic) _ Forestry (Attn: Craig Carter) _ Central Reg. Water Quality Cont. _ Department of Conservation Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co X Develop. Services Director X Assesor _ BCAG X Air Quality Mgmt, Gridley Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito Irrigation _California Water Service Co. Thermalito Irrigation District _ Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ Dept. of Water Resources _ Dept of Parks and Rec. _ Caltrans, Aeronautics Program Off. of Mining Reclamation _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy Public Works Director Building Manager _ ALUC _ Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell _ Dept. of Fish and Game _ Highway Patrol Off. of Governmental & Env. 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ASSESSOR'S MAP N O " 4 -16 COUNTY.OF BUTTE,CALIF. 024-140-064 OFC 0 A-40 48.3 ac 024-160-008 OFC A-40 134.7 ac �C E E Nov 17 ?A03 BUTTE COUNTY 01 ANNING DIVISION 024-140-060 OFC A-40 5.4 ac 024-140-018 OFC 39.3 ac 024-160-030 s 024-160-022 OFC A-40 18.2 ac [A-40 FC 024-1.60-02; \ M 1.7 ac 024-160-036 OFC A-40 4.0 ac I R T17K] PAF M [)R RM IA - GRI DLEY COLONY NO. I M. 0. R. SK. 4 PG. 37 -4-9K -12 -7 ASSESSOR'S MAP N%24-16 COUNTY OF BUTTE , CAL IF. a - m a ulQ .ul tr W a. (1) h . a v _ Ns ICI ._ ILa 3L I 1 I 1 I I I � I 1 r - I _fl I 1 I l . f _f -- - ------------------ 1 1 I t r- i I 1 I 1 I 1 I October 26, 2004 SUTTER BUTTES CANINE RESCUE 585 MEYERS AVENUE GRIDLEY, CALIFORNIA 95948 BUTTE PHONE (530) 695-3814 COUNTY FAX (530) 846-7418 Nli' a 1 2004 OEVELOPMENT SEW-RCEs Sutter Buttes Canine Rescue is located south of Gridley, CA. We operate in a small community, and presently our facility runs, solely through volunteer work, donated goods, time and money. In the last year SBCR placed 385 dogs. The dogs that are adopted out of our facility are dogs that were rescued from two county shelters, 4 surrounding towns as well as surrendered by owners. Currently we are running at maximum capacity and have to turn several animals away daily. These animals are often put to sleep, as they have nowhere to go. The primary objectives and purpose of this organization is to: (1) Establish and maintain a shelter that provides a safe environment for homeless and abandoned dogs and puppies. (2) To spay, neuter, vaccinate, and provide any medical attention the animal needs while staying at the rescue. (3) To place our canines in safe, loving and permanent homes with responsible pet owners. (4) To accomplish this within 30 days of the animal arriving since Sutter Buttes Canine Rescue is a rescue not a sanctuary. Our Mission is to: (1) Control the over -population of canines in our area, by spaying and neutering all animals before being released by the rescue. (2) To educate the public on the importance of vaccinating and altering their pets. (3) To work closely with local animal shelters to help place adoptable dogs. (4) To network with other Rescues and exchange information on adopting certain breeds. (5) To provide a very necessary service to homeless and abandoned canines in the three surrounding communities that otherwise is not available. The future goal of Sutter Buttes Canine Rescue is to build an indoor facility to meet the following needs of homeless and abandoned canines. Sutter Buttes Canine Rescue is proposing a three -stage process complete this process. Phase One: This includes our current 9 existing kennels. Presently all operations are being handled in this one area but upon completion of our third phase this area will become our quarantine area. This area will introduce new canines to the facility for evaluation as well as providing an isolated area for sick canines to prevent spreading of disease and infestation. This area will allow us to give any medical treatments or hygiene treatments to allow the animals to move to the main unit. Phase Two: An additional three kennels would be added. This area upon completion will be the nursery area for whelping mothers and puppies. This ensures the mothers comfort and the puppy's safety by having their own area away from the other dogs. Phase Three: This area would be an additional 18 kennels. Phase three would house the majority of our canines, and being an indoor facility, would buffer any noise to our neighbors and surrounding area. By incorporating a septic for the area we would help to elimate odors and promote a healthy environment for our canines. This area would also have a large fenced area for the canines to be turned out in good weather to play and exercise to help ensure good mental health as well as physical health. All three phases would have adequate heating and cooling to provide the canines with comfortable living area until adoption. Yvonne Moore President BUTTE COUNTY NOV 0 1 2004 DEVELOPMENT SER*CFQ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED ( I t/" ' Q PUBLIC HEARING NOTICE' 'K -,KOONER DAVINDER S ETAL 2398 WALNUT DR LIVE OAK CA 95953 957 N1 1 406...0 21 .071.051.06...... REtURN 70 SENDER KOONER 10726 STEPHANIE OR LIVE OAK CA 9.5950-2148 f40 ' 11 DINTHP 9S953 9s9ssQ3397 RETURN TO SENDER 11,11„111,1pill ,11,,,11I„�I1,,,II,I�I►,I„�II,I„I�I,,,II„ f i : i 4 k3� :r- i -j j u CD PA 7-1 r�