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039-180-031
rtl .,p ^`:"Ya ,•o r' S• ♦w All o- rrf t ,r e • e _ v r d A, b •S i A+p .wI it c r S � T w r> tic CF. , cs 00 + J7 An F� Q,• a d 4 J :L s Cl r� c.. Y I } I l f srocK No. 7531.13 i" LA11e 14 tlAJ- x { t i9! irorrwocdlno vd.) _ . � � Motion bY _w_ _ -_ •:�. r, _ . �__..�......�.. econds by x;� e " I Ayfl No I;Absth, I Absetl} W r s Lbmberi Matt I U.1p. Variance 82-10 PLAIRM SUMMA siu-'412211 -q-COMISSIOII SUM APKICAUT Oorald Lugenb,cel j Jr. A11DRES$ Rt. Box 3,30F, Chico, CA 95926 'OWNIM, Same O,TBCT DESORZPTION A use permit to allow a home, occupation which m PR be objectionable by reason of noise, and a variance to the sideyard. u zriTry Tine urra-N-76-56r-sreM and storage shed at the property line.. WOATION On the northeast corner of Elk Avenue and Pierc-c-Avenue, E)J�rox.;. -5--nilleb sz'tI=Vgr 61771=1. AS15MBOR'S PARCEL NUNBZR�S) -- . 139-18- 31�---. ZONING A-10 GEN. PLAN - PROJECT CONSISTE140 DATE APPLICATION RECEIVED 8/27/81 DATE REZONING Pr,-21TION STGNATURES OHECKED PERCFA4TAGE DATEIEGAL MORIPTION PREPARED OR CHECKED DA2B p-MLICATION NOTIct 'WRITT&i PUBLISIM- D q H, ,DATE DnPTAY AD VREPAM- PUBLISM PLACE NOTIMS) PUBLISHED -0'-oo pe DATE MAILING LIST ME -W -RED Dk2t MAIL -OUT NOTICES WRITTIN MAIIZO NUkMER DATE COMMI481ON WIBIT PRSPARDD DATE STAF-F FINDINGS PREPARED OA111,8GORICAL L11=4PTION DATE VILE'D NEGATIVEDBojAPATION TE DAE ADOPTED AN D D ATT, EM JNPACT =-PORT - DATE" CIMTIVIED COMMISIMN WAT116 COMMISSION A BOARD AOMON OR)):tNkt4C1,A$) AT)OV21'�D COWL -Ili All SUTTf* COUNTY 13WO O- S11t URVISURS <r T .n a`i, USE 1'i iZI1"i.�"^ fi tlarck 22, 19133 DA l l ttiv(Ts m; r1 mail I r k.+ it,t1 82-9 rst it 111 0' _ Ali 39.-35-37 pulsus m to We ploviaforts of :III(' I.mil"j Or;iiowi. v of tiri C (T-?uly lit 011�ltrr wild tile. slu-e,lal Conditions sat fortis below: Gerald Luf; nboul,. Jx . , — — i ; i�c r,:,1,,; tifantori ;I U:,rl 110111111 in aocord.�nca with tlpplir 1tt rtr. . �. 8/7-7/81 a st1lrl�.v ho(Ile occupation.st;xuctu,),0s to cxj,. t 11it:h,in tllktttt,Is i.elt.y,ard s-otback in an A-10 zone a.. �.p Berl _oaf tl e.j)r)Tth �rt•;,t• cv5°n r o. ?31.1�.Ave, and approx. 3 1n1.].cs sout;lrvc:ot of c1t;i4co, 1. railuro to comply with tl.c., t:ulneiitiolls sl�cu►itlr; i'rE.I1+ir1 rt; tllt; hrlsk lur apprllval of appif- caMon and Issuance of MAI tle,nstltl Isms ca.,1_ for to It -vac: lion of ;,Md 1`,;,1,111 in nmor- clallcr. Will! the pi•OcaelLOW p,rl folth ill tl1r. thOtO t:W IIRl ' �-rla61p1u Ordi117ocei % UM,, c�ti11'rwisk. 1,,roUjir,ira,{ tt, 11f a Cr1lMitw" u, a on {m4l, 01 c.undi!ii,: ly ma Im Cmn, pletad by the pcttY,1:'.ro within 19 inrrrWo r,t 0, Way of My cr..antor;iiM pr: MR to Me pannIAtau; It any use iar wlIWI it ugr pt rl,lft'ihm i,ean ttriniv;f Is nn usWi,,itnrl witilin um Ycar 01-011: data or MW of t1WCUUntr.r+lit=r,.,,l. I1; MIt LY 0h ia•rm", tin' pa mh xlt,lil bocmrto:M111 _andvcid and, heappliorrtiexl 511p11Irt, rt.eltt ml to-,1Arcr hr01 till; tr... • SPECIAL�a d t7NDi tallf a. � ` K yloj.sa 'Levels shall not ca;coccJ 60d13 (1:dn) b)1 adjacrnt tcsidei1t:i.a1: prol,ez't;,i.c; no3^ excet.cl a.zlcl,00x levols (LdlJ) O5 h OB on those same parc of 2 We rtnel stoma a17. fuck, ytclll l'tf; cqu'a,1 punt. ancl f'i.arivita.b;le il'aterials in accordatice wlt.lx t•,110 TO:0,ot,taal.Ly, lltrtt.a C01111-t'y r�ivc 1)cparttllen reco)rLmerldat ions anti staxkdttvds t A. provide 201.6 ABC ;fi-ro ext`lnl ic151?er to 1)c roar -U ly acC1 55:i.1,y�.G In :studio. 13 Gag and o.:ygon cyclillctcvs to llc st:oro(l st•.W.y tancl, eha.:iltiod, �)TCv0W. t. falling ovot. it�.Cxto of Tial, SLl.o to bo 11itnttit.ci-lo aat 3. 8toro all toric ox haMM'tc.tts nc(-.nl3,calb-t Uft(10r 10CIt �nncl key h1hen net ill Use. I llrroby tinder penaity o• 1,1duly lbd 111na iand ow foregoing oomiltlons, . tli�at .l�i�;y are In fret thm coittliflutV. c,�h1c:11 r:° rq`, i111,,ovt�.l irpon tl ;t tonting of this treo pormll,'ntrd that I ajreo to owdo fully by sold nonmv hm, Y N --, �+ 1 a "l1t" 001 "IC"�'' C oo!i ilk llvlo v rcgo',',',IlI0nt of ol)l alllln l 1,iulloi ti 5� C am -r��,t, , i, and I loalt t ' ,ts;*prtro .fltl� p trout,, b,,fur,. m1011111 'r' )I;znrla�tirltl, t1C9r tom itwalve rhyYgEl;ol' ,.'�I ;r,tslrl4t«+� �C`'��i�ti��illl► f�rrll�ar'tt�l:tlltt r ��, f:)ttilarbllr nt elf f'ublie \,Yorkr, t2i t`It'a Depal-11ni.il' l,clitrd cif 5Lljtct�,'11'1,SC�a' I OUTTE rrC►UIU f`lf, t't�i OtCllfittx .' wl�: S °t it r`ir+ t r; BOARD OF.SUt'liXt�rX��',[tS ffta�llist�:a��lnr;ariarra➢Ixa) �a RE., til.".i'I w'}. �I7 a1 : Pursunnt to the provIslan5 of (lic! ?C'U1f111f O.W111,11mu or ►hrt clmmty of :C ime nnt( ,the spocdal: - uentlfllenti >ot forth WOW., j, Gerald L11gorllbop,l,, J,r _..I; hirrrhy gr�ar�tra�l lsa Parl7ii 1 III nororrtanco will, opplIcatlon felt"O;. 8/2'l 81 tea allaa 110lne. acCup-1.#'o n stnicuiras to oxist vd Ilam .tlte W att'iylr y1 rLCct $t1'atlaCIC i1� ctll 11-1 (1 xtr�.e of to f� an 41i �_live�` L1z sa t cad"tt �_ b k{ Lh ���e, tit cl l',i.c a rc..J �re . w-€�pprox. ��3ilJaC75 aeutf1'ici t. of Chico. 1, Nflura to oorrlply %vid, ilia cunditions specifitta herein itk th- iaasls for mpptowil of appli- catit�rt'ntul ssilanco Of laerinit, cunatitutas (,wuvv I'm tiara. r"Uvrrxatton of said Ivradt in naor- clartce With abu hroatls.lurus t�;f f0f'tl1 ite 11w iluttOw C'minty i�oninj I.` ialaling ordinance. z unle5g otherwise provill(W to; it) a (.-nodition to a orw pernilt, :41 vol fillor)s 111U4t lm Com, . plebo,d by tho. pCrrnittua within 12 montb4 of title of t11a cr,on0rdped licrak Lo t11b p(Irmittoe, 8, (If any Uo. for w,tllieh a use t1,t:aua�t )Iris t!1"i,t1 g�rlattarif iia nrxt,y°,t�.11hc}r,ai ���ithitl one; Sar,�r bf tf11t data of� rt;roirr4 of , +tta1 perrnit'fay Zhu Ih teeth U % the )arIvIL uhall (relearn, pull anti Vold 8nd ralpltlitt;atlon Miall, I, to+,Aa kill .Il tlrt:11;1C. 4, Ca1.zoct, starer 111 t cls t o tvttstc ttt�tteri r�� �, I a (ttt:i ttlantiex �>~ a cl orSf�hG1l�L CCINI�ITIC)f'!, sort > ,A ti1 by 11'utt,e Coulaty` Ia1n�'1.�.�rtmaoltta.l. ilott�th, 1.1��-t°�`t+ed, Detfttx�blicartt ;aI6 1111to County public V1a17rhs 11opmkt)jtea>.t. OLtl(i Stri to Itel; cin l�rttt;x{ Qttn7.a.ty 'cont;ru.t. )10,a gid, a, llatorli l 1111.1 do acdcd to :l.;i.tlt' l';lLt1 �LIL'11R1�G' 1V;ti:1], 11(aatwriol, 6 All emidit;W t�� .1nt)_�oaott by �t;�tt� Ilt�tarcl r�1 �a111K31'1r1�`itlt "a ntt;tst: iia co]n J..0tl tv.Li;al i pr i or to the lists 0; the Paaj.l:I,ty ',,4W�i h) , 7, APP11Cnr►.'t tt11.tj',t .t7. r! C_01)jp;l.yr W.i.t1t till otfi ✓+r u.pp;L :cablo kttte ttrid 1Pt 1.0cttl St1tt1At0-q, OVOAnPt11M',G 'Mid 9:op,, lati. nl ,,, 1. 11 hemby ducl,ata uridel pf n,1l1y cal parlwy t1t,1t I lava read ,tht: ft1Pollohif) cull iltloml , that 111by ttra ill feat t110 CoAltions tV111011 kwo impo. ttl upon 1110 sllnfttitl0 of 1111a un portnit, And t1►rtt I atlion to obitft. Tilly by wild wdltjrm,s. .�u jilrCi t Nl r int Is 1Un11Cn at 01,1x; y1er11n1,o tlLa;st tlt^t vlrrtive rurlulrumunt of oht ti►aitig fluiltlirto Niel Ile:�ltl1 bolst11t+w-il'Iiwrrtatts Imfury stirdnel conitractlorr, wor dgv;l Itwtltrti y tft�yrrstilul•Its�lufr4At+aR^nf�; _ MI 110011,11 M.qu'lament p � Onpal11YI(" It of 1t11hitt�, Wol Lt. 02) f=if'r; I��:Iaattttlttrtt `"� Uhnirnta� al f�so`��C;i�ii';L�au� „�""'�-, peetx4ti, u'' ,:iLt�tttl'1r:l.tai, VARIANCE BUTTE COUNTY _5 Ci) tvpIl1Cr� ? 2, 1, 9 8 2 .� BOARD OF SUPERVISORS DA-rE 82'10 ' � u +r"x VARIANCE NO, iii► AP 39-18-31 Pursuant to ilio ia,ovislons of (fico Zoning Ordi mico of tire: County of Butto And the special Conditions sCrt forth heio,v; Gerald Lul enboal , Jr hereby tirnnteil ar Vurianoo ),,. t( ii"i�;." t' .'i�d ,t_p,lil 1:1.aY t�. . �y �� ���1 (data) '' w structures to exist within tho sideyard setback in an A-10 Zonei �ilij�rnxaind'ta�y�`�t7trec iitlfe.S�$OL;1litVC.St a SPECIAL CONOITlaNs; 1. Outside noise levels shall not o;,Coed 6Od13 (Ldn) Oil adjacent resi.dential properties, nor exceed indoor levels (Ldn) of 45 d13 on tlxose same parcols, 2. Use and store all fuels, welding equipment aintl flammable- materials i'I`t accordance with the follotv..ill, Butte County lire Departmentrecommendations:and standards t A provide 2016 A13C fire oxtinsuisher to be readily accossii lc in studio B Gad and oxygen cyclindcrs to bo stored safely end c.li.a�itetl, La previ~Iit fallilil, over, C, Studio to be mallitain0d clean and free oP fl.ammab7,ci, mctt0 a7.s; 3. Stogy,"c ;ilitox.ic or hazardous Chea ical.s undor loA aiid I;o'y whon not fit u;;e, �1. Coll,:Ct', store and dispose of al.l tvast°tj Inatcri.als ligttid or soild, in a mcannor approvod by Butte Cotlflty i nvircintttot tal 110t11.01 Department and Butte County Public flepartmralt and ,State hogional dater Quality Control 11pard. S. (Material will be odded to line tho furnace with Knoi•toril., 6. All condi,ti.ons imposed by the 13oardCif Stalicrvisors jttustt' be complied with prior to the use of the facility (Section 24-4. 4), 'l; Appl,i.ctant inttst cnlilplj, t"iitlt all _Other upli:licalilr State and local 8tafittas, Ordinances, antl regulations; horeby dooiare unour ponalty of put)ury that I havo meed the fneo0trinCt conditions, that they ruG In fab( tilb tondiiltirts tvilich wear,, inypostd u►ion Ntb granting of titisvat`inhce,, and that I �•grob to abide fully by said conditionG, i dint " N0Tf=, issuahco of this varianbb docs ),lot waive, requfrc►'ntttlt of obtaininq bUildina and i•iralth Mipartmant pbtinit, before Starting bOtistruGtion, tion does itwaivo thy Other t0qufre►r10nts, CC, Hwilth taxi mrtrimam De artmont of Public Works FIM i7 hat tent nt CHtdrutoti at t`Utn�ibS tr;i�hU`i�iti oar ... . )30tird Of Supory t0r5 APPLICATIOi� FOR USE PEP"'T t `.i.. tt I i. ,<5� C«ecritn, BUTTE COUNTY PLANNING COMMISSION .� AI'i'i, CANTr Head tend follow iriatructions as Het forth on reverse silo of this form, Gerald L,u enbeel J , Ctiltlprttt� AppliCant`a nunie z a _._ _,t_-�r• .. ,..,....,..wl hone ounthei, 8 ova L504 Applicant'n moiling nddret+s , Qu ;E?. .e BG?k_. �"�' �C}L A, califo 'n' a - Applicant's intereHt in property (Owner. leasee; other) Owner 0ivncr's onme ontl nddret4H Same abq a (Deuartmen Vegan_.1 s Affairs) Assessor's parcel nombei-W019— —0-011-0 1'renont, zoning A-10 Loetalon and size of pnecel(s) A c)ft-.9f._...Gci:- I -Q9 "Jahn Crounh>Sflbdiyi'si_on!t cor' I kc Ave- Pins f't.. fn .t_}xz'qo + .3a t.?_ .J Strect eddress lk_Ame. IL 17et+crllitivh of proposed development ntul ttse ,;Turrio/F`OUNDRY with all open work area. Concret & reinforcing_ bar in brick, with the roof, Open Z llides___except on neighbor's side _�Lhich is_ brisk wall and. cedar.- fence... .r. a a Encloses - to.ols. and work benches, 8uildinp eunsittictlon (shite dlirteusioii11 s, 9rluare fooinge Lind nmterinls used) 1,.200 sq,:ft. n, l xiating huilding.4 stucco dw2Aling, hrickraram�T„_( brick studio begin), b. Peoponetl Sq aft. ) ll(lzardaai3 nrnteriiils to lie used0nflnmutinlile0, exploaives or strong chemicals) propane Daily hours of aperntiort....froin. Q. to Katnbe, of eniploypca none.. Number of off-street lnuekinl; itpncei# p1`014018 1 f fIJ - 11k l herbby dceliiee t ncl(t p"'nalty of perjury thnt I have rend and tinderstntia the (netructierts (lilt] flint. the foregoing Matetitents urn triic, cglupleie and coat+ to the licst Or lily kunwledAd itnd belief, bate .--._._,_._. At1�'u�..�. 8w7 p81.. Appllcunt'a sl�nntur� :..Ir, l 9 project "'I le Ntunbt r f.or ufind d Mixt rif Irareel(s) f,y -,! 1 Ji -WL Z�,�= k ul Verityr �cNltirber(s)iict��')escrllitiuu i s.�'' g fid itetlulte'iucnlo `r' t +/ 'roo'f of Aguucy Uf tivotled) __. oeadon Deserli'tItilt ('410s of plot Mart IL 0 1)ntis ii4celved '” _ (� ,V, 00.Itacoilit Ntttiliur y d(o? � .� n 4 / Aliplicutlun'1`rikun lly����' INSTRUCTIONS TO USE PERMIT APPLICANTS " 1, If nitplivnnt In not the owner, 1lritten aU1111101170001)61"1 lite! orvuer or other proof elf agency rausl 11e. subnrittcd lir order far lite ulrn4ieaal to IepHy sign be appli ntion. Appliention shawl he vonsadered void if !tit nigilvd by lilt' rttvarl' nr legal Agent. 2� All items ore nppliraalin►t shall hr filled in us V01apIl-tel? alt pn isle, if all iletn is not uppli- cahle. pleneta indicate 11), isle ural ""'NA". a — — �, It -is I�tip�.. aln�lh In l hr location of the prapotrrl_ s r neClafll't� AI49CItlttatl of 1. projt � a. Asoessorls lrarcol nwribeas) (tam tlrDJPx WIN nrATmesel"s tuaps)" h, street addresses Cif availahle). r t:, niewrices uml directions to niuwrd streets, hoins or water Or milrogds. 1. SIxtocri (10) Copies of it deluded plot plait of adenunt.. cale to clearly show proposed Build- hags and hnpravriaeats" folded It A x II inen: 1111111 acvoripany olid be nmde part of the ""Ajiapiicntlon for US" errnilt", It Glu usr-` hermit Is aprrav"sd, the Piot pl`all 1lerarires t1w all craved developincto pian for the pro1w rtyI'll e pial plan shall inchidu tite folluivirip, Information- t a. A scaled drowinl; of [lit, parrrl(s) boundaries. h. f,orntion ard ditileusionn of all existing and proposed imprnvenlnuus oil tits prtaWtyl inciucling uuildings, drivrrtiat-y, parking uncus, wr>Ils, septic tanks and lrnrh fields, c. Loention rind name of hudrring streets, access wards. iwnrhy cromastruls, e,ir omm, bodies of water and rutiruudsa I r d. North arrow ttnd tscula rsf druwini , r 4. 5, 1%, "Appllctuinuw or Ile PeAdt"+is subject Lot public. Itun1`140 and apprnvill hi' Chu P60%% Conuuission, Any tsp dy rmidHi,, of approval skull hp laude n pi0 of the apprnved t"Litre f erntil" nt'ld shall lie hindin� as die arpoWnal. The pracedares far C�onlit.)' actiOn tut 0 0 li'I tuft applivatinns circ :1 alml in C:hnittrr "2t of the 131111" Glnutly Cattle, 'Che 1llnaning Clnmarlssion, on tui !iasis of rile avidcmv nubrailted til theluihlie haarWgjlaliy Kraut use permits Asch it finds; that or proposed toes of 1310 property will not. inlpnh• the integrity and character or the Zone ill which lir laud lies and that the t►twe would lim he tn- r#usnnnlily inetsrapntlbli, 1vit1 al, injurious to surrolulding t"tnpe'riles aur dota•hrlerittll to tilt' beans tilt() general %NvIfurr, of the persons res►dink or sharking ill the rivighbothood not, lis (ho general lieail'lit sorely and walfare of tiii, tuullti. to approvitr8 n u;ie pernlil" the � Planning C:otlialig ion runt int lade nueli i: urulitions as are dedntnd reasonable anti hitt eyynry Uadvr MP rot unmIlint NH to luvvii"rhe list! Inlvgrll1 and eharactcr of the rano lull in ;art at, the genmal pragpases of the Baric criuttly General Plan and f;bapi.er 24, of the 81111v 'Callan C.nile. 5uth tnnditinrts uo v Whole, huh are nut INHod til, tillit, :`Ituitartiorts, doNvlolinivat plan npproAol, how's of optlrttltla, 'fearing" dell1va'lioil of rlKhl-of-tvtty, and »11,001 and drainage itnprnir"na+atM. C".auditions ialpowul tiilon 14811rul e tiro U40 permit must Ile reasonably rplawd 1't) be one far whwh the PM not w 1`r'1'Inealetl. 0, AppliealillI, fees its of tdnit�i are , !ewes rally Ill Pahl to vash a1, hi cher k ovule pnMable Ill "'I'reasnrur of Matte C iullty' 9, Her,, su'pnhIM, a rtse IrMWI application, appit" ani Is J piloagled to disruns With ntirff all tiuesl iol►s Onit 1. np}rlit aliiltr Counts pilau"rini'eti, '0111110A Irruvinirrns ltild pa"IbI i vvil illonWI'd approval. i a n APPLICATION FOR VARIAN' BUTTE COUNTY PLANNING COMMISSION' �iravr APPLICANT: Read and follow instructions ds sat forth 01iN,VOIS1 srdu Of dill! form iler C0►ifprrtla �14 Applicant's Name ,Pre 1 I��tECi bhs7� �r �: ,Phone No. M897. 1�80� Applicant's Mailing Address,,,�0LLtL' /��;r. box 1304 is a4xt1'a . Applicant's interest in property (Owner, laoue, What r 1i VatCl;t aw t7 Cr���C�..�,.,� �. � phon- No, Owner's Hama. •�,ap ' ... Owner's Mailing Address .-Sarda- ,.._ Asso'ssor's Parcel'Numberisl_ - "John Crouch Su`bd vi.siori" , :Location and size of parralisl„,, � A ortiOn � O> � d-�ot 7.09""'"'""`"�" t 0f. ) corner );lac YP Orce .:t,.1�k�..,.ft.• (-LOft.) '���._, Present forting "Type of Variance retluesied: Mobile homd'size Lot area or building site parking rnquiNtnents Lot width Livestock ragl'liremants Front yard setback �---- Sign renuireffibnts X Side or rear'yard sutback .. Other Opecifyl..... --- t)dscrrption of pr6poeduse and rpmons for variance All tdoOt ST UD 0 sR �dT mV T „„gip he I,cst Wa5c._p_l, c .88 to erect bL�onze 8tatettes. `i`he reou:lting pieces are dor gallery erg disp7.ay, or CiOnation5t . -�-- We need vari ante because Ih--- inactive outzide� entire winter i is too little set -back from side line Open structure. I herahy declare. Under penalty of pdrjury that I have read and understand the instructions and that the foregoing state' merits are true, complete and correct to the bast of my knawledgo rind ballet,�� Aur�iApplicant's signator Datrt.. �"pprljer3.)iie numUar r FJ Location and size of par Vdrifq; �and rern0ntsA,P. Numbertsl iohownership an y Proof of AgdncY (if needed) bate tecievad ._ ' $ ....a �_ -= 13ecrsipt No, — �►- Appilcatlon taken by sem 6RUCTIONS TO VARIANCE APPLIL.. S I If applicant is not the owner, written authorvrauan by tie owner or Other proof of agencymustbe sub, mitted In order for the applicant to legally sign the application. Application shall be considered void It not signed by the owner or legal agent , 2. All items on application shall be filled in as completely ns possible. It an item isnot applicable, please indicate by the term "NA"t x; 3, It IS importarnt that the apf)ILcant supply an accurate de'scliption Of the location of the proposed prolact, including the following, Y r a. Assessor's parcel numbetts) (from the tax bilis or Assessor's Maps). b. Street undresses (if uvannble): C. Distances,and directions to Hamed streets, bodies of water or railroads. 4, Fourteen (14) copies of a detailed plotplan of adequate scale to clearly show proposed buildings and improvements, folded to Vt x 11 10010, shall accompany and be made part of the "Application. for Vari Onto". The plot plan shall Include the fallowing information; A scaled drawing'61 the parcel(s) boundaries, k b. Locatlan and dimensions of all existing and proposed improvements on the property, include ing buildings, driveways, parking areas, walls, septic tanks and leach,flelds, c. Location and name of bordering streets, access roads, nearby crossroads, streams, bodies of water and railroads. d. North arrow and scale of drawing, 5, The "Application for Variance" is subject to public hearings and approval by the Planning Commission, Any special conditions of Approval shall be made a part of the approved "Variance" and shall be binding att the applicant, The procedures for County action on variance applications are stated in Chapter 24 of the Butte County Code. G. VARIANCES from the terms of the toning Ordinance shall be granted Only when, because of aped®f eircumstatices applicable to the property, including size, shape, topography, iocation or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical Zoning classifications. * Any variance granted shall be subject to such conditiolss as will assure that the Adjustment tharnby. auth� otltan shall not constitute a gtant of special oriviieges 'Inconsistent with the limitations upon other Pro- pertias In the vicinity and lobe in which such uroperty Is situated, Any such condit(ttn Imposed upon Issuance of a varlance must be related to the use of tite property for which the vArianda is raquAsted, A variance shall not be granted for a parcel of property which authoritas a tire or Activity which Is trot otherwise expressly authorized by the zohe regulation governing that parcel of property. 7. Application fees as of (;late) are S „ ��. , fates may be paid In cash or by check made payable to "Treasurer of Butte County". 5, Wore submitting A variance application, applicant is requested to discuss with Staff 011 qua:j(aYs Abw-t applicatlon raquirernents, County procedures, xohirtg pravislons 00 "spacial eircum tan azw', 10 O,M, • �:,C's� ;fiSag �•�,ia , r '� �� Receipt # i4�u l� t 1►{nl�i Project JA p�oylto� �'•f' .. APPENDIX r ;l. Date Filed Environmental Information Farm (To be completed by applicant) GENERAL INFORMATION , 1, Name and. address of developer or ! P project sponsor; 1 n �,a d t �aenbePi, Jr: Rte: 9 oox 130-FChico, Californio 2, Address of proect;�O-�F E1' Ave w Assessor's Block and Lot Numb,," :,o C},i' o California �_ t l0a 3, Name, address, and telephone number of person to be contacted concerning; this projectst3-._ �--.,- �era1 r3 r,,,�hn1�,�pt,, k4,„ ,41 Type of project! (.,e. rezoning, subdivision) New studio �'► ►^11c ► cin i rt h; 'Ural lob wfdwellin�: 5, 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 Uet permi r -and variance. 6. Existing zoning district;! ButF 7. Proposed use of site; i,i:v�n� Quarters, and Studio,, PROJECT DE$CRTPION y (J ... O, Site. size, 145 ,l �1lei -3o Loi) A. 210 ftb (-10 ft.) lot, 9, Square footage of building(s)Less 'that► 10 Number of floors of construction, One floor 11: Amount of bfE-,gtreet parking orlovtded, �ia�'fa cl ehf; parlr3 ng 12. Attach ;site development plan, Yo,s 13, i'roposed schedutiny,, ,,,, r+ i Y i"�,nnisb�ec, Lr�r�r,;:,t�,oh� t�ndeterm�.ne�, 14, Associated projects. None ' 15, Anticipated incremental devolopment,None ► y Appendix r - page I of 3 APPE14DIX S 15, if residential, include the number of units,.. schedule of unit sizes, and type of household size expected, l7. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading; facilities. 18. If industrial, inca..,eate type, estimated employment per shift, andloadi ng, facilities, 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived fromthe project, 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. Varip-ace required for insufficient setback. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary): YES NO. X 21. Change in 'existing features of any beaches, lakes, g or hills, or substantial alteration of round n—.tours; X 22. '-�iiificant change in scenic views o from r exi.F, w residential areas or public land 'Is. X 23, �c-Lgnificantly change pattern, scale w -ter of gendt'al area of project. X 24. Significant amounts of .solid waste or litter. X 25, Change in dust, .,ash, smoke, fumes or odors in vicinity. X 26. Significant change in lake, stream or ground water quality or quantity, or alLeration of existing drainage patterns, dd X 27. substantial change in eXi,tting noise or vibration I levels in the vicinity. X 23. Site on filled land or on slope of 30 percent or more, X_ 29. Use or disposal of potentially hazardous materials, P such as toxic substances, flatnmables or explosives. 29 a- C use propane from a stat,iono.ry rental tank under perfect conditions, With proper equipment. The Potential denp;er is minimized by oxporionce and We 13ve here, too; Appendix P, - page 2 of 5 i ioi; YES NO X 30. Substantial change in demand for municipal services (Ooliceo fire, water, sewage, etc.). X - ji. Substantially increase fossil fuel consumption (electricity, oil, natural gasp etc.). X, 32. Relationship to part of a larger project or series of projects. ENVI90NMENTAL SETTING 33. 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. 34. 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 (ane -family, apar%tment houses, shops, department stores, etc.), and scald of development (height, frontage, set -back, rear yard, etc.). CF,RTIFICATION, I hereby certify that the statements furni3hed above and 'in—the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that :he facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date por Butte County Planning Comm. 33.- The site is our, home on half acro where I mu.xt ht've the studio, 8hd where throe similar dwellings e5,118 -b among thiled of almond oroh8rds. o three orchardists livq in their hou868 within half a rile. Trees-, trees, trees, 34- Single family dwellings among almond tboe8. A-10 Zone afYridUltUralo I Appendix E - paqA 3 of 3 4 81 tte Co. planning Comm. Public works Plnryiing Director liet AP 10-18-31 Da�r Sir; Gerald Lugenbeel, Jr. Rte. 1, Box 130-F ChAdo, CaliCorni- (phone 891-4-804) August 13, 1981 Enelosod qpplilctitlot,s for building variance qnd use permit ecoording t,� your inntruct ions, are for my incomplete studio lo-ated at 130-V tilt Avenue in Chioo. My inrormotion is to whorl to melce this application was previously in orror. The information 4;ivon to you by my good neighbors was also wrong. As tw4tked on the copy of zoning ordinance 94-21-li.?o there is no display nor sale of my sculpture piece:; here, and n, nottery nor ,other craft is proluood in this stun lo, Regard ink; the com,-Aalnt ir SE'uPION 4j 24-200 HOME 017CUPATIONS, thr objec, ii ble p u1se is a Kirby vacuum ti.oamor motor att;ichrNA r n p,,opaoe nozzle to melt bronze once ti month or les, . Nc odor, :No smoke. No dunt, nor brie ht Ii,g-, , nor vibrqt,,-ni. work in plostiline or wax or tho 'rinAl bronze, which < rY es no pollution: No trPffin TN.,- ! ib not at. unija*Co nccOsso, anti the propAne ,ns v utiLyto `u pPrfeOtl,!1 controlled We live horny to.o. Concernimr, tho rriptido Who voluntArilY Aide moo I show them stulptor's tocbniquos and laundry practice. Since I'm a qu!adreplegric in whoetchi)iri my st6jio must bn where we I 1vom and 7 must, ton -oh art and Spanish to hove help;,rs around the piaao. Please notify me if we nood to come to your commission, and .1 will get Fi drivor to bring u8, Inceroly, ,��i.;:K;Y`v�pt« R �Ytiv'Y}��.. I 0 -t- .0 ':f.a K s - NAPPI ')V, WATA aC-a.w.�' i+K'M{ WHEAT= ; ♦ o. mot: ♦. :..b" Y a rl" laeH. Pl O w�iOo - n an (:, Aa ai ixx "Mx .M. �.pint, 1:t, ;" :.«r F'�; .. i' � yyyy !e �� . �e ykiyy�e> X.ii�.. p?LYk— & e(. 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El I Y 1 1 t. )y r j pY ' ' litA! !yy "yYG+yyi'hhlrlr� � �E'yl� � f„17dY�.x 4(= Ryh3 1, L'YxY lipRll� Lr. yT r dir �:waarXiu: a:irW 4x;�`y Cltnk.r.✓y�.p.+a s Ty+ �� ,_ xt 'R� P '.N Y LTY R..i aY � . ,:tiyt_'�.R@@fu w� r r jj ,` �y y✓� ". t..M �I b 1,'.'+(i �� Y sv �"' �h � � %t Xa X�Y.� f1X.lssP 1 p y 1� p g,t +�yw.-•rgY'1 ,� .,i.YRt1xJ..+41�.1 cw:lwrerparf k y : ,.a ac Kac rY.: wmr q y r *0131 h' �r X�iYt `k� I ec Ma3rt 3. xk Y . a { 4Y - }, � ,. A J � 4'• i Y. .. A�.. acv I1.i x ri L .Inn � T{ 't �`°t tit. u.WagY Yni rp^- MarI�'R y L �1�1.'R4��yd 1%; �elil �tp �'/�� 't x �. r v ,,..u•rl��i�b v� li r;. Y , xrrt�.ta jl, rleai etY ebb ,'y'\..9 K°A.hWAM' Y'u/iYvi.'nipgj"ANi�Ni,w.WiAWYith'FfW.t a:. MiFA1�C ;MiiYRJM�iY:VY� • y, •PLANNING DEPARTMENT' INTERDEPARTMENTAL REVII � Butte V. o. . Fte.hitli TO, Lynn Vanhart, Environmental Health SEP 3 1963 REQUEST: $bVIdW l Comment AP NO.' 39-18.-31 82-9, 82-10 orovllle, Gallfornla 'c,'�;RIP,TION OF PROJECT: A use _permit to low a home occupation which may be 0LJ-Lrcti.onable by reason of noise, and a variance to the aideyard setback to ea allow a studio 3 feet from the property Line "^nd a tool ih d ,and storage _ h at t e property line. LOCATION: On the northeast corner of Elk .Avenue and Pierce Ayenme $a12121: — 3 miles southwest of Chico. -- ,d�PPLICANT: _ Gerald Lugenbeel, �Jr. ADDRESS: Rt. Rt 3, Box 130F, Chico, CA 9592E "' 141 �FCVIIIQ� G`b1lfoFn�a __ Same PLANNING COMMISSION ACTION SCHEDULEDIF NO IS - -- BE RETURN DATE REQUESTED; AASSUMEDDTHATSTHERERAREINODCONCERNS/81REGARDINGBY 9, ITA GS LL THIS PROJECT DATE` DISTRIBUTED; 9J2%81 Butte V. "Health ATTACHMENTS; Copy of OPPllcition & p nt plan;. RETURNED: cl' C• 8 coMMENTS; SEP 3 39n1 Oroville, callfe .,+ tom" PLANNING DEPARTMENT'S INTERDEPARTVME,NTAL REVIEW RECti1EST TO: John Mendonsa, 'Public Works REQUEST, Review& Comment AP NO. 39'-15-31 82.9, 82-10 O CRIPTION OF PROJECT; A use Ve'rmi<t, to 9110w A home occu a io 1 0� actionable by reason o of oiso, and a variance tote sidayard setback to allow a studio 3 feet from the pro2erty ling and a tool -shed And st©raed-fiud— at the property line. LOCATION, On tile northeast corner of Elle Avenue and Pieyee Avenue, apyrox, 3 miles southwast of;: Chico APPLICANT: Gor Ad Luganbeel, Jr. ADDRI=SS Rt. _3, Box 130F, Chico, CA 0502b OWNER, _ Sdme PLANNING COMMISSION ACTION SCHEDULED IF NO RESPONSES iS RHCEIVED BY 9/17/81, 1TSW-w, Bis; RETURN DATE REQUESTED; =10 ASSUMED THAT `MERE ARE NO CONCERNS REGMING TRIS e. 61JE DISTRIBUTED- 9/2/8l rrarEGT ATTACHMENTS; Copy of application & plot pian. RETURNED; 9-21-S/ TO PLANNING DEPARTMENT'S INTERDEPARTMENTAL. REVIEW REQUEST California Dept REQUEST: Ryiew & Comment AP No, 4 39-18-31. 82-9 82-10 ., aCP n 1981 DEPAR Mf:NT OF FORESTRY D .SCR P,TI0��p F P OJECT; _ A use ermit to allow a home occupation w x o Jec lona qe by reason o • noise, an a variance to tale sicyar seg tallow a studio 3 feet from the `roperty_'line and a tool shed and stc at the property line. LOCATIONc On the northeast corner of Elk Avenue and Pierco Avenue: approx. 3 miles southwest of Chico, - - APPLICANT: Gerald Lugenbeel, Jr: ADDRESS; _ Rt, 3, Box 130E Chico, CA 95926 �I OWNER;, Same P I_ANNING COMMISSION ACTION SCHEDULED R&URN URN DATE REQUESTED, IF NO RESPONSE IS RECEIVED BY 9/17/81, ITASSUMED THAT THERE ARE NO CONCERNS REGARDING BE �. iSG THIS DATE DISTRIBUTED; 9/2/81 PROJECT. ATTACHMENTS, Copy of application & plot plah, CO RETURNED; PLANNING DEPARTMENT'S IN'T'ERDEPARTMENTAL REVIEW REQUEST TO; Butte County Sherif REQUEST; Review& Comment AP NO,! 39.18-31 82-9, 82-10 D§$CRJPTION.QF.4$OJECT; A use ermit toa1low a home occu atio lc D 'jj A 4c Mona e y rots n e an a van anc+e o • s ear eot ac. X40 allow a studio 3 feet from the property 1 -int and a tool shed and storauw LOCATION: the northeast corner of Elk Avonue and Pierce Avenut hpprox. , --- 3 Wiles southwost of Chico. M APPLICANT: Gerald LuBerbeel, .Jr. ADDRESS, , Rt. 3, Box 13QP, ChftDo CA DS026 OWNER, Same PLANNING COMMISSION ACTION SCHEDULED IP NO RESPONSE IS RECEIVED BY 9/17/81, YT SHALL bN RETURN DATE REQUESTED: ASSUMED THAT THERE ARE NO CONCERNS REGARDING THIS DATE DISTRIBUTED: 9/x/81 P180.t1yC1'o ATTACHMENTS: Copy of application & plot plan, RETURNED, COMMENTS; n 11 . fl r Coun PLANNING COMMISSION 7 COUNTY CENTER DRIVE .- OOOVILLE,.CALWORNIA?5965 PHONE: 534,4601 September 1.q, 1981 Gerald Lugenbeel, Ji, Rt. 3, 11ox 130E " Chico, CA 99926 RE Use Permit and Variance lip 39.18-51 Dear Mr. Lugenbeel s This is to notifyoU that we hw-c ,,,,Y, F, � —,] om, application • y �. I'or a use permit to allow a home occujil-ion -mA n va. riance to the sldeywrd setback to a1101V a studio 3 I�,, 2 C1,'K the property line and a tool shed and storage shots at the pturjerk- .ane. An initial study of potential environmental consequences anticipated ,in connection with this pvojcct 1beimg coinpletetl by the Butte County Manning Dopartment and will. be Corwarded to you, Should you have any questions tvgaraing this matter, please Feel rtoc to contact this office. Since cly / Q , , Charlie Wood. Planner III {J i rh+, lkt I. II. APPENDIX F . ENVIRONMENTAL CHECKLIST FORM (To tie completed by Lead Agency) ERR Log 81-09-01-01 BACKGROUND AP J1 59-18-31 1 Name of Proponent Gerald Lugenbeel, Jr. 2. Address and. Phone Number of Proponent; Rt4 3, BoX 130P taco; C _ 3, Date of Cheil.kl.ist Submitted 4. Agency Requiring Checklist 5. Name of Proposal, if applica e se exmL an ax�ancc ENVIRONM VITAL, IMPACTS (Explanations of all "yes'" and "maybe" answers Are required on attached oheets,) Appendix page 1 of YES MAYBE Nd 1, Earth, *Will, the proposal result in significant t a, Unstable earth conditions or in change's in geologic substructures? b,- Disruptions, com- AMbk vdisplacements, paction or oercoveting of the soil? c, Changs in topography' or ground sur- face relief .features or removal of topsoil? d. Destruction, covering Or modifica°- tion of any unique geologic or physical features? e, Increase in wind or water erosion of soils; either on or off the site? P. Changes in deposition or erosion of Beach sands; or Changes in silta- tion, depoqttion or erosion which may 'modify tiw_ channel of a tive'r or stream of the bed of the ocean or any bay" inlet or lake? g: tog's of p" time agiri.cuitural.l.y pro- ductive soils outside designated urban areas? Appendix page 1 of e YES MAYBE NO h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards'? 2 Air. Will the proposal result in; �~ A. Substantial deterioration of ambient or local air quality', b, The creation of'objectionable odors, smoke or fumes? C. Significant alteration oi: air movement, moisture or temperature; or any change in climate, either. ;locally or regionally? 3, �Jater. Will the proposc,Y 1j result in substantial. - ); a. Changes in currents+ or the course or direction: of water movements! b, Changes in absorption rates, drainage patterns, or the rate and amount of surface x;ar:er runoff c, geed for off-site surface drainage improvements, including vegetation remt5val, channelization or culvert installatioto d. Alterations to the course or flow of flood waters? e, Change in the ;amount of surface Water in any waiver bddy? E. Discharge into surface Waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved Oxygen or turbidity! g, Alteration of the direction or rate of flog of ground 'waters! h. Change in the quantity or quality of ground Waters, either through direct additions or with';e,t, -,els or through ititerception off' an aquifer by cuts or excavations? �a r :rt Ap idix .P page 2 of 0 R,. YES MAYBE NO i; Reduction in the amount of water otherwise available for public water supplies? j ; Exposure of people or property to water related Hazards such as flooding? 4, Plant', Life: Will the proposal result Vin` suTstantia1: a. Loss of vegetation. or change in the diversity of species or number of any species of plaits (including treesshrubs; grass, crops, microflora and aquatic plants)l b. Reduction of the numbers of any unique, rare or endangered species of plants? c, introduction of new species of plants into an area, or in a barrier to the normal replenishment of AML existing specie �`. d, Reduction in acreage of any Agri- cultural crop? 5, AniMal Life. Will the proposal result n su startial: a, Change in the diversity of species, or numbers of any species of Animals (birds, land animals including reptiles) fish and shell- fish, benthic organisms, insects or microfauna)? AOL {" b. Reduction of the numbers of any, unique, rare or endangered speciek of animals? c. Introduction of new species o ~ animals into an area or result in a barrier to the migration or Movement Of animals? d, Reduction ofo encroachment upon, or deterioration to existing fish or wildlife habitat? Appendix V = page 3 of 0 ICs rum r 6, Noise. Will the proposal result in su stantials a. ancteases in noise levels? - =-- b. Exposure of people to severe noise i levels" _ 7. L : a- and Glare, will the proposal light Pro uc�' sig' n—Kant or glare? 8. 'Land Ose. will the proposal result In a sLgnificant: a, Alteration of the planned Land use establish a trend of an area, or which will demonstrably lead to such alteration? --- b, Conflict with uses on adjoining conflict with — properties, or eatablic'u.d recreational, educa- tional, religious or scientific uses of an area? .�._. 9, Ilatural.Resources, will the proposal i su t in su stantiala a, Demand for, or increase in the rate natural resource97 of use of any b, Depletion of any nonrenewable natural. resource? '10, Risk,of Upset, Does the proposal. of an explosion or nvo_ve a risk the release of hazardous substances limited to, oil; (,including, but not pesticides) chemict�,ls or radiation) in the event of an accident or upset conditions? 1l. Po �ul.I�atioti, Will. the proposal. cantly alter t1�e locatt�z, s`�g_nit distribution, density, or growth an rate of tho human population of or physical.lyydivide an area established community? — 12, tgo.Usib cantll�l o0-Lec�rexosal .� existing housing;, orcreatea demand for additional housing .�._. �Appendix 1 page G o ,y 67 " YES MAYBE !";0 13. Transpp�ortation/Circulation.. Will the proposal, resin n: a. Generation of substantial additional vehicular movement? .� b. Significant effect's on existing parking facilities, or demand for new parking? c; Substantial impact upon existing transportation systems? d, Significapt alterations to present patterns of circulation or movement " of 'people' and/or goads? ..... e. Alterations to waterborne, rail or air traffic? 4° ..��, f, Increase in hazards to motor vehicles, bicyclists or pedestrians? 14. public Sorvices. Will the proposal have an effect upon, or result in a substantial need for new or altered governmental services in any of the following areas. a. Vire protection! b. Police protection? d. Schools? d. Parks or other recreational fdcilities, e. Maintenance of public facilities; including roads? f; Other governmental services? 15. Enelt�gYi Will the proposal result int a„ Usz of substantial atnoUnts of fuel: or energy? ... .— b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of: etlergy? f Appendix p - page 5 of i y, .. YES MAYBE 'NO 16 Utilitiesi , Will ,the proposal,result in a need "for ntiv; systems, or stab- stan'tial alterat:it-?s to the following utilities; a. Power or natutal. gas? _ b, Communications systems? c, Water? d. Sewer (will trunk line bo extended, providing Capacity to serve new development)? e. Storm water drainage? 17. Human Health, Will the proposal result in:--- n;Ya, a,Creation of any health hazard or potential health hazard (excluding mental health) b. Exposure of p ople to potential health hatirdo. 18; Solid Waste, Will the proposal result in nn impacts associated ' withnsolidwastedii9posalorlitter control;? 10, Aesthetics. Will the proposal resul'- in M 7ostttiction of any public designated or recon►nixed scenic vista open to the public or will the proposal result in the creation of in aesthetically offensive site,open to , pubic.�. ' 20, Recreation, Will the proposal result n-an inspect upon 'tlat quality or quantity of ekigtiiig public recrea- P' tion facilities`? 21. A.rcheolo ical/Ristorical, Will the proposal resultin an `alteration of at significant archeological or historical site, sbruetura, object j or building? �.d�.rtg ? � 1; i 1 YI ,�� �Appendix 17 page 6 of � ' �. AMA YES MAYBE NO 22, Mandatory Findings of Significance. a. Does the project have the potential to 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 plantor animal com- munity, 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 or ,Prehistory? b. Does the project. have the potential to achieve short term benefits to the detriment of publicly adopted long-term environmental goals? c, Does the project have impacts which are individually limited, but cumulatively considerable? (a project may impact on two or more separate resources where the impact on each x'esource is relatively small, but inhere the effect of the total of triose impacts on the environment is significant,) d, Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or 'indirectly? Appendik F :, page 7 o f 0 AP 39-18-31, III. DISCUSSION OF ENVIRONMENTAL EVALUATION The applicant proposes to utilize a portion of .6,2 aures of land, located approximately four miles south of Chico, as a studio -size foundry for manufacturing art objects. The site is located on the northeast corner of the intersection of Elk Avenue and Pierce Road;. Access to the site is provided .from Elk Avenue, The site is surrounded for the most part by almond and walnut orchards. r'our residential parcels, similar in size to the project site, exist to the east of the site, between Pierce Road and Dayton Road. Parcels in other directions range from 10 to 40 acres in size. Currently, one residence, a stucco studio, storage shed and poultry shed occupy the site. The Butte County General Plan designates the site Orchard and Field Crops, under an A-10 zone. sur',nunding parcels are also class,,tied Orchard and Field Crops, under A-10, A-20 and A-40 zones. Pr,mary environmental concerns associated with this project are rei,ated to -potential land use conflicts; potential impacts from noise;, light glare, odors and hazardous substances are the most serious concerns. Potential impacts are reviewed in individual checklist items in the .following section. lh: The project site is ,located within one mile of a possible northwest trending fault; Conformance to seismic safety standards I n county and state building codes would adequately mitigate this hazard. 2b: Operation of the studio foundry will periodically generate noxious odors} fumes and smoke. Wile this impact may only occur infrequently With any severity (usually associated with cast pourings) the effects on surrounding residents would be substantial. 3b: Tmpl.ementation.of the project would add approximately '800 square feet of overcovering to tide site, increasing the overall amount and rate of storm runoff from the sits. Since the projected. total project site area this is not considered a serious percent of the .inc`reane in overcoverin' amounts to less than threetaus impacts 6dob: Noise from hammering, welding and other equipment use would adversely affect acceptable mise ambiences levels on adjo;ning residential propertiez to the east of the project site. 1: Tllum hati6n and glare .from studio lighting and welding would adversely affect residents iriltabitating the parect adjacent to theeastern site boundary during hours of darkness, Appcndik F - pago 8 Ot 9 IM , AP 39-18-31 DISCUSSION Or UNVIRONMENTAL VALUATION (continued) 8b; Refer to items 2b, Ga,b, 7, 10, 17a,b. 10; 17a,b; 18; Use of volatile gas during project operations poses a serious ;Case and explosion hazard to project site inhabitants and neighboring residents. Inadequate collection, storage and disposal of waste materials also holds the potential for releasing toxic me' i, and chemical residues into the soil through storm runoff. 14at The use of volatile gas and welding operation on the project site increases the risk of explosions and:/or fire on the sate. Proper use and storage of equipment and fuels would reduce the risk from this hazard. Ready access to the site from Elk Avenue for emergency vehicles also mitigates the potential magnitude of a conflagration. 22dt Refer to the discussions in the foregoing checklist items. Summary Conclusions Although the type of activities proposed by the applicant are 'husual, though allowed under A-10 zoning, the proposed project is similar to common agricultural: activities permitteri in agricultural zones. The repair and fabrication of farm machinery, eg., is a permitted use in agricultural zones Such an operation would typically include welding and forging activities, producing many of the same ,impacts (noise, odors; use of hazardous fuel, etc.)as the proposed project. As noted, the project site and adjacent residential parcels are surrounded in three directions by orchards. Agricultural operations normaliy conducted to maintain these orchards include the use of equipment for spraying, cultivating and harvesting that generate a substantial amount of noise, and pose the threat of human con= t.amination from toxic- chemicals (herbiciO-.s and petiticides) ,Much of.the proposed project is currentlyin operation In violation, of Section 24-200 (Dome Ocqupations), his would make relocation of the studio operations, as art alternative to the extant project proposal, quite expensive for the applicant. Appendix 8 - page 8a of 9 We DETERMINATION (To be completed by the Lead Agency) On the basis of this initial. evaluations Q I find the `proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is rccemmended T find that although the propo4�td project couldhave a significant effect on the er,Vironment, there will not be a significant effect in this case because `he mitigation measures described on an attacheui ,.;Beet have been added to the project. A NEGATIVE DECLARATION IS RECOMMENDED. 0 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required Date September 30, 1981 "4gna.4turle4 Porgy —Zine County T Tan`rF1ng�ep , ReViewed by: Appendix F pag6 g• ci 9 W AP 39-18-31 HgUIRCD MITIGATIONS (The applicant may submit alternative mitigation measures equally or more effective than those listed.) NOISE 1. Construct noise attentuat.on bar-iers, in conformance with the adopted Butte County Safety Element, that do not allow outside noise levels to exceed 60 dB (Ldn) on adjacent residential properties, nor exceed indoor levels (Ldn) of 45 dB on those same parcels. a AIR QUALITY 1. The proposed project shall be designed and operated in a manner that effectively prevents fumes, odors and smoke from becoming a noticeable irritant (nuisance), or health hazard tO residents, pets and livestock on adjoining properties., SAFETY 1, All fuels, welding equipment and flammable materials shall be stored and operated in accordance with Butte County Fire U1i t/Caa.�lYa.V.a1� LVV VIIIIlV Il4u..aV iL.J uluJ va}}aYwl. vJ• LLL.V utl urv....v shall consult the Butte County Fire Department for necessary safety requirements, these requirements shall be implemented before projeot operations continue or begin.*' 2. All toxic or hazardous chemicals shall be stored under lock and key when rot in use 3, All waste materials, liquid or solid, shall be collected, stored and disposed of in a manner approved by Butte County Environmental Health Department and Butte County 'Public Works Department. 4i project o erations shall at no time allow waste materials to be dispersed by storm runoff to other. portions of the project "site, or to other orf -sate locations, * (1) provide 1016 ABC fire extinguisher to be readily accessible in studio, (2) gas and oxygen cylinders to be stored safely and chained to prevent calling over, (3) studio to be maintained clean and f `oe of flamrAn,le material. AP 39-18-31 SUGGESTED ALTRIISA'rIVRS TO PROJF;GT PROPOSAL, 1. Relocate proposed studio, ancillary buildings and operations to an area occupying the same amount of land, and approximately equivalent location, along the wes-t-ern boundary of• the project parcel. 2. Relocate proposed studio, ancillary buildings and operations-to an area occupying the same setback dimensions along the northern boundary of the project parcel.: Inter-DepartmOntn Memorandum! Toi Butte County,, -'Manning Department PROM: Butte C.owaty Fire Department William C. Tcie, County Eire 'Warden SU13JE$Tt F'rpProtection Requirements/Gerald Lugenbell, J'r./AP#39-1$-31/11se Permit DAM O:totbnr 2, 1981 The Butte County Fire Department recommends: 1. Provide 2016 ABC fire extinguisher to be readily accessible in studio. 2. Gas and oxygen cylinders to be stor3d safely and chained to prevent falling over. 3. Studio to be maintained clean and free of flammable material. WILLIAM C. TE14 County 'Fire Warden By Richard Taler Battalion Chief jQ 3 MnO) C.A. e do \ 9 a orri I fl Lvi,,,o rib, e I Vs into, q 130V 110-11, 'Gulf 0 CO, Planning L; I j'C , Octobr,r 1981 Orovillot Conoorrind Agency Butte County; I rwqize thpt we were t-rdy in qsking ror ,the vjrj;jjjep ro'r, my sttldl0, inti now thpt the neighbors dempnd t, use permit Rlso, we are 8ep.lcintg both. The fees wore sent to 511r. Anzelone. Inspectors h=ive been here t,O my private (non-vommer-'al) atudio/rourldry to look at the unfinished work `ire -q, ind noxi Sands has sent an "onvironmentol chockli-st (appendix F)" which we find unrelistice Most Of the mitigation'," were Fillready met, and now we nw:pit the pum.it to finish up. #24 Air. bi The crn-4tion of objootionlble odors, Smoke, or fumt-86 (mark vqybo.) My sculpting oporntion produces none or the above, ;3nd, the ullural -air eurront is northwnrd -qw.qy from the complaining neighbors, tho P-tterSons. #6, Noise. a. Incrw4se iri noise lovel-S? (mark -maybe) Chtissing bronze envolver, " hand ri-imffivr and smAll Ojj'„jojvw iind therp is some giindingi ji"t.ur, thn q0tural mel -ting furnace which runs Jhours at a time ten times ,q yejr. Nona of tho,,vl typir491 sounds arrives Rt V'O jtw.v(,:, 0 r OjL,O hrkrd m-j(,,bjnej,yO nor* gas Lawnmowers. The wbil tj.osign Jnc'j,ujjP ticoustic barriers, which will be built when wo rrtivve -the "go ahp-qd”. bo Rxponurn or people LO SOVOr-0, 110180 (mark maybe) # 7, Light tAnd 9mlyba)11WO. I do trot work *It niOlht, no there nro no 1,11rht,.1. (spo rioxt pnee) T-)nd Use. b. Conflict with ujos in -,djoinirlg, properties, or conflict: with esflAblishod r('('r0atiOnT31 , OdUcationq1 , rOl igeous or scientific u' -'Os Of All ;.area? (mark maybe) Not r031 -1y applicable to this studio. No GolIrl'ict. 1/10. Risk of Upset. DOL'S the proposal involve a risk of an explosion or the relonse of hazardous substs4nces (including o but not limited to; 011, pesticides, chemioaJ,s or radiation) in the ovonL of in Accident? (mark maybe) We use Proppno from P Correctly in!'tqlled tAnk, and the Oxygen is properly chninM to 'm hand truck. #17. Human health,, a. Crp,�tion of any health hazard or potential (excluding �Lv,. �tal healtl,;? (Mark maybe) Suffice it t813�h,"t we live hore. Actu8llyi the mental health next door may be 5t Stake, but I fool no zo.z)ponsivinty. '0 0011d Wente. Will thr, proposalL result in any Significant imPmctyl an300int0d with solid wa8ta disposal or littf-1, control? (mark maybe) absolutely not:: OP. t0ndatory finrlillgs of qigr nificanco, d. Doos phis project have L:,rivirommo tit n I Pffonts, which will Callole sub.stpnoin.1 10t0-rso 0"'ortq Of' hum"llso direct or indirect, Anyonep.nvolvp I I (m--�rk mAyba) Anyone �,d In this *I-Listjo onfleiver enjoys it OOMPI OVAY, It h-ls no nogntivo off nCL on any human. Or 0 n i,M1 1, , On the dontrary, , , art is positive., Nly P r' �SPQIIF.,go to 4-h( o n n(l 'conclunion" May be nL'ttarl ;,imply: No pR01%1,,1V We c '10 -se down until June for St3roty rpason3j but anyone intorostod in noulpting is walcollie to Visit Or work with me, more Pqoplo should uhd0r!-,-Lojr1d, anyway, sincerely, �` r later-De ar"Nt M*Morawvm Gerald Lugenbeei, Jr. Rte. `i, Box 1?a-F a„ Chico, ; �l i ornil Ar- 1,og # s7-C9-Ol.. Ol Mr, W.*R. Sands-, Concerned A , :a; y October 16, 1961 As per .nstr"ot;ions from your tolephone o�ll E this morning ronrsc5rtti►; my previous r,h.3ponse to the "fsnuironmrntral Checklist; Form" (Appendix P) , T '4111 a` el riry• The 11s`G page e'r7°uif:itt]cd REQUIRED MITIGATIONS, an which noises � air ur 2 l.ity, Land t;rir�`ty Ira considered, it is all logical and I stura ply agree with the measures he takenand, they- have been Iocomplished. The suggested �? rLnrntvrs Ire not possx;bl e: L 1 Chico' Ca. Octobor 23) 1981 Butte County Building/Pl., ming sept. 3 County Center Drive t"7roville, Ca 95965 Rs: our 24 duly 1981 letter concerning prnpgrty lint -oncroachmont by our neighbor, Gerald Logenbeol, dr. Gdntlotens The enclosed photos illustrate the nature of the buLMInea in question and are forwarded, together with the followiftgj his ad.Utional information, a. Th(. y is approxima il.y 49 feet of building t;l' z.p • on. the property line or withiii the sot -hack: b, lii?ilding continued deepitn .notice by the z:,tting departmoht in slug that permits were requirod. This would sw4tningly rule out any professed ignorance of the zoning lavas. d By rough measiu,ament, the furnace building is approximately 32 ft. from the hear�ent point of our house; WP cannot comfortably use our Luck pat, • when the furnace is operating; it sounds like a giant blown-%,• rch. d Access to the bui.7dings in questAon is apparently no ,justification for their c)osb proximity to the property line. A1thb Mr. Igen- beel id orsn,:,Ined to a wheel eha°ir, he has also built a chicken house on tN+ opposite a-drame of his property which he roaches (with no upga runt difficulty) via ariothar connecting walk. n. We were advised when we bought this property that shako roofs were required, Mrj. Lugenbodl had used tale on the foundry and shop buildingai and corrugated iron on the ahickbn hnuos. The forebpin,g io n£Verad in further support of our 24 Oct. 81 query, and can 6 verified by inspooti,on. Gincarely Arc aie Patersft---14140 LI Ruth z„ Pateradn ��GQ �ttr°1� i;nc; 6 pictures V Zit. 3, Box 1500 !3,atte County Planning Commission Bettye Blair, DI:rector Rei. Public Hearing for Gerald Lugenbeel, Jr.., December l5, 1981. Our home is approcilna.tely 350 ft. north of the Lugenbeel property. i... projects which. Lugenbeels have engaged in have not disturbed us in any way. Since this it a f8rming community, there are many activities Which pare far more disturbing than anything Mr. Lugenbeel has undertaken: We have observed soii.e of the Foundary activities and have found Mr. Lugenbeel to be very safety conscious, both in the use of equip- ment and procedures. He is particular-ly conscious of fire prevention and has construo-ed his shop of fireproof materials. Sincerely; } 4 I 4 December p, 1951 PLANNING COMMISSION 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 450" PHONE- 534.0411 ,Ir. Gerald Lugenlieel, Jr. Route :3, Box 130-F Chico, Ca. 95926 Ret Use permit and variance on AP 11-1.9-11 Dear. Mr. Lugenbeel.: r I�C1bSed i5 8 copy of Staff Finding.5 for d use permit t0 -111,1014 a home occupation Which may be objectionable by redion of noise, and a variance to the sideyard setback to 10.101r A studio 5 feet from the property line and a tool shed and storage shed at the property line on property zoned. A-10) located on the northeast corner of Elk Avenue and Pierce A'Ventie, apjiroximately 3 miles southwest of Chico: A public hearing on this 'matter has been sot for the Planning Commission at t1io3,r regular meet3.ng on necemtier 16; 1981: This meeting Will bo held in the Board of- uperui ors Room; County Administrative Office, 2S County Center Dr4,Ve, Orovilles Calilornift, and is scheduled to begin at 7:30 P., H, Should you have any questions) ))lease feel free to contact our of 'ice. p Bettye 91 air Ad Director ol,' 11l1,anhing i�71G c FILE NO: ;s9-1.8-51 /7" TO: BUTTE COUNTY PLANNING COMM SS [ON STAFF FIND NGS - December 16, 1981 APPLICANT; OWNER REQUEST AP NO LOCATION: u' LAND UShi GENERAL PLAN DESIdNATION; EXISTING ZONING; ZONING HISTORY: r PARCEL SIM, SURROUNDING ND USBSI Gerald Lugenbeel, Jr Same A variance to the sideyard setback to allow a studio three feet from the property line, and a storage shed at the property line (no setback), A use permit to allow a home occupation which may be objectionable by reasons of noise, use of hazardous materials stir production of noxious fumes. 39-18-31 On the northeast corner of the inter- section of Elk Avenue and Pierce 'ttoad, approximately three miles southwest of Chico: One single family dwelling, a studio, storage shed and poultry stied occupy .62 acres of the applicant's property, Orchard and Field Crops A-10 Zoned A-2 August 29, 1955, :rezoned A-10 September 24 1974 by Butte County Ordinance # 1498. ,62 acres 1n size: The site is surrounded for the most part by almond and walnut orchards. Four residential parcels, similar in size to the project site,, exist to the east of the subject property, between Pierce !toad ` and Dayton Road. r, ,E COeX FILE NO.; 39-:18-3I. SURROUNDING GENERAL PLAN DESIGNATIONS: SURROUNDING ZONING; SURROUNDING ,PARCEL SIZES APPLICABLE REGULATIONS': COMENTS RECEIVED: Ma Orchard and Pield Crops A-10, A-20 and A-40 10 to 40 acnes Butte County Code Sections 24-47, 24-49 and 24-33. , Department of Public Works had no comments or objections, The Environmental Health Department., had no objections other than, the condition listed below. The Department of Forestry had no objections other than the conditions li,stec+ below. The Butte Count Sheriff had no objections other than the condition l,iste Blow. ANALYSIS The applicant is currently operating and p-Opbses to continue to utilize a portion of. .62 acres of his land for producing art objects in a shall. studio,Jfoudry (.refer to Exhibit A), A storago shed and lavatory are also A ncluded as part of the structures foll this buildings are currently located within the sidoyard setback from the Teastern boundary project, ll,ne of the subject property (see Iiahib, t A), violating ,Butte County Ordinance No. 1750, Sec. 24-53 for site requirements. Y' Primary concerns associated Wath this pt°oject are related to potential land use conflicts that may result .from noiso, light glare, odors or use of hazardous substances of the applicant's prhject Were to continue operating: Peribdic noise fr6m hainmoring, welding and associated enuipment use adversely affects yeighbors on the adjoining parcel. to the east Of the project site. Studio activities quite likely exceed (on an irregular basis) acceptable ambient noise levels on adjacent parcels. Noise levels have elicit ul nuisance complaints .from residents occupying the parcel adjoining the applicant's py`operty to the east, Similarly, affect the swine neighbors if studio arta welding Would adversely illumination and glare from studio g acllvitl,cs occurred during the houts of darkness Without effective light control, Y 2. FILE \O. i 39-18-:31 Potential improper use and/or storage of volatile gas on the project Premises poses a serious fire and explosion hazard to residents of the subject parcel, and adjoining properties. Conversely, proper, and where necessary, supervised, use of fuels and heat generation equipment would reduce the incendiary risks associated with project operations. Ready access to the site from Elk Avenue for emergency vehicles also mitigates the potential magnitude of any fire. Inadequate collection, storage and disposal of waste materials hplds the potential for releasing toxic metal and chemical residues into the soil through storm runoff. Proper collection, storage and disposal of wastes would eliminate this hazard. The type of activity proposed by t1,c applirrant, though unu:,ual, is allowed in an A-l.d zone as a conditioned use. The proposed project, while not agricultural, would involve many of the same general type of activities allowed in an A-10 zone, such as the repair and fabrication of farm imple- ments, performed by agriculturalists; Thest activities often include welding and ,forging operations that produce iiany of the same impacts (noise, odors, use of hazardous fuels) as the proposed project. As noted;, the subject parcel: and nearby residential dwellings are bordered. by orchards on at .Least two sides of their properties. Agricultural operations normally conducted to olaintain these orchards include the use of equipment for spraying, cultivating and. harvesting that generate a substantial amount of noise, and pose the threat of human contamination from toxic chemicals, (These agricultural activities, of course, occur at periodic intervals --rather than daily -throughout the year.) Other residences and accessory buildings i.n the vicinity of the subject' Parcel appearrtb be located within proper setback distances on their respective ls, While conditions for issuing a use permit could. be imposed upon the Proposed project, and conceivably complied with by the applicant, the circumstances necessary ft)r granting a variance to the subject parcel do not appear to be, present: Since the use permit request is for the existing u;,e, AS SITED, a variance to County setback requirements must necessarily be granted; otherWise, issuance of the use permit would violate site requixemt}nts specified in Section 24-33 of the Butte County Code, ALIMINATTVESt in order to epttinue to operate the e:Xisting hopie occupation legally, the applicant might consider, l) arrafiging ior, a boundary line modification (i LM) that would Inerense tht IlmoUnt of land awned: by the npplicant on the eastern FTLE NO.: 39-18-31 (subject) boundary of his parcel necessary to meet setback recluirements prescribed in Section 24-33. An environmental document was prepared in conrormance with CSMA requirements :for this project. R1 COMMENDAT1dNS A. Note that the requirements -of CEQA have been completed and considered in making this decision; and B. Find that the subject property is not being deprived of privileges enjoyed by other 'property in the vicinity and under identical zoning classification (Code Section 24-49) ; and C. Deny the variance to allow home occupation structures to exist within the sideyare setback in an A-10 zone on AP 39-18-31 (Gerald Lugenbcol) and D. Find that issuance of a use permit for a home occupation in accessory buildings located within a sideyard setback on AP 39-18-31 (Gerald tugenbeel) would violate Butte County code Section 24-33; and E: Deny the use permit for home occupation in accesGory buildings in an A-10 zone on AP 39-18-31 (Gerald Lugenbeel). If the f►idings rewired by Code Section 24-49 can be made, approval would be proper. 2f so A. Find that the requirements of CBQA have been coMpleted and Considered in making this decision, and adopt a Conditional Negative Declaration, and B, stake the :findings required by County Code Section 24-49 and C, Approve the variance to allow home occupation structures to exist within the sideyard setback in an A-10 zone on Air 39118-31 (Gerald Lugenbeel); and D. Make the findings required by County Code Section 24.47; and E. Approve the use permit to allow home occiipation structures to operate and exist within the 5 deyard setback in an A-10 zone on AP 39-18-31 (Gerald Lugenbeel), subject to the following conditions! -4� FILE Ni: 39_1.8-31 i. Outside noise levels shall not exceed 60 dB (Ldn) on adjacent residential properties, nor exceed indoor Levels (Ldn) of 45 dB on those same parcels. 2. Use and store al.l fuels, welding equipment and flam- mable materials in accordance wit} the following Butte Cou,.ty Fire Department recommendations and standardst (A) Provide 2016 ABC fire extinguisher to be readily accessible in studio, (B) Gas and oxygen cycli'nders to be stored safely and chained to prevdnt falling over, (C) Studio to be maintained clean and free of flammable material. k 3. Store all toxic or 1,azardous chemicals under lock and key when not in use. 4. Collect, store and dispose of all waste materials, liquid or solid, in a manner approved by Butte County Environ- mental Health Department and Butte County Public Works Department and State Regional }`tater Quality Control. Board. S. Applicant must also comply with all other applicable State and local statutes; ordinances and regulations. BS: l: k t ATTAC MNTSt Bxhibit A (Site 11111in) Location Map Bnvlronmontal Document Applictint's ResponsO to Requirements oi` ]invitOo'Imc tal DbCument y �u i BUTTE COUNTY PLANNING COWISSION MINUTES » December 16, 1981 I B.ht ,a Z ITEri ON 1rNrGII RGATI� B AEGLARATInh AEGARDIW;'"ENVIR T -Ni z, Cnx+�tB tnEB Gerald Lugenbeel, Jr. - Ilse permit ,to allow a home occupation which may be objectionable by reason of noise, and a vara.ance to the sideyard setback to allot,: a studio 3 feet £i•om the property 1+ ,i storage shed at the property line on pin and a zontooed shed and storage - 10 acre parcels) located rb c'?'t zoned A-10 on the no. theast corner of E1. is Avenue and pierce Avenue identi :led as AP 39-18-31, approximately 3 miles southwest o£rChieo. 82-41-2-601 S't'eve STreeter read Analysis and Recommendations .from Star Findings dated December 16, 1981; and called attention to toriespondenco received by Cont- missibners The hearing was opetbd ProPonbnt8i Gerald Lugenbebl said that he started tliis project as soon as. he mvvbd here about 3 ye,,,rs ago, that his is an artist's studio shared by other artists in thf, area, that he attempts to teach others, and that all v5- BUTTE COUNTY PLANNING GOMMISS.TON MINUTES - December 16, 1:981 share their talents, that lie had lived. in Mexico for a number of years and Was not aware, at the time lie. did the initial construction work, that special permits were required for such a structure way our in the country; and that lie planned to construct acoustic walls and use drapes to reduce the noise from his furnace which uses a Kirby vacuum cleaner with an open nozzle. Commissioner Bennett reported that he had i•'ited the site earlier in the day aiid had, talked with the neighbors and not only was the applicant in violation, because of the location of hi!, structures, but the next door neighbor—who is the complai.ntant--and the othertwo small properties on Elk Avenue were also in violation. Ilo was quick to add that it appeared that none of the neighbors desired to close down the applicant's operation - that the setback violation was not the major problem, but the major problem was noise which appears to be a real big one. in responsned ento letter Bennetts nue.;tion concerning the proposal that 1 o Cot'ti.heiMs and of a 9 A. to 5 P. M. d MvIrlos theapplicant added .. he would .have no objection to the �:mposa. dse of thb furnace, but that Monday thru Friday only would be too restrictivet since most of those who share the facilities have regular jobs and Saturday is their only day to participate in such activities; and that to move the furnace ovttr near the chicken coop would bo very impractical and expensive -- since all underground pipes., etc. are already installed and the slab is in place. John crown,- 2915 Gawthorne Avenue, Oroville, a professional welder and. II long time superintendent for Solano Rail Car, in OToville, and an amateur artist, said that the applicant is a rare individual, an artist willing to share his talents, his knowledge of a dying art with others and that it would be a shame, if the community would lose this asset_. He said he felt that the proposed acoustic wall will do a lot to reduce the noise and added that extreme care is. taken with the butane dispenser and the oxygen and acetylene tanks which aro serviced by bona fide suppliers. Xatli Schifferle, 1578 East Avenue, Chico, said that she had workod with the applicant for over a year, that fie lead donated bronze statues (castings) to several non-profit organizations in the area, that he was now working With students at butham High School, that the reasons the studio was not built on the side of the yard where the dhicken coop is) are that this is a corner lot and there would be more security problems there, :the structure could beGonsldcred an attractive nuisance for children, and that the leach lines 'were on that side of the yard. 'She added that much of the objectionable noise had been from construction. Charles McClure, Route 3, 'Box 1,36, q neighbor down tl.e street, sail that the noise that results from tlii,4 operation is small Compared to the other noises in.th;is agricultural area such as a helicopter spraying --even a Lawn mOW�tr makes more noise. In Opposition! Ms, Archie Paterson, Route 3, box 130-T, next doori said they Built their retirement home there; Q 1%2 years ago; that ►iood'stacked betwcem the noise source and their house did not help, that her hobby is BUTTE COUNTY PLANNING COMMISSION MINUTES - December 16, 1981 gardening and the noise is unbearable whent.she is )utside and even w1aen she is insyde with the windows closed; that the noisy furnace is only 32 feet from her kitchen and she does not feel that they should be subjected to such punishment. In response to a question from Commissioner Wheeler she said that the structure in the setback on her property is a storage shed. Bob Brooks, Route 3, Box 130-0, said that the was not for or against this J had been in the Paterson's hack yard when the furnace was tliateof'abtorchausedOlt -talk going and you ca , you can't be heard. He equated the noise to for burning weeds. At this poant ChairmaMax sutgested that a time restriction be imposed on the applicant to tryto solve the noise problem and that the hearing should be continued Kenneth Rash, P; 0. Box 104, Palermo (in the audience for another hearing matter) said t}zt he is a contractor and suggested a vent and/or a wall of a temporary and rrlativ)ly expensive nature might be the answer to the noise problem and offered to assist the applicant with his";problem. CNairnan Max continued this hearing OPEN until March 17 and instructed the appl.icifii to construct a wall (inside the prosent wall) or otliex'wise come up with some plan to control the noise; andnstructed staff to see that the Project is monitored by the Zoning Investigator. Commissionerj4heelor suggested that the Zoning Investigatory -when monitoriigthis: lsc take a look at the other properties in violation in the area. ' Hatcowliq �,a� •.••• IANf) 0h tJATURAI WtA1TH APJR BEAU '1Y PLANNING COMMISSION 7 COUNTY CENTER'DRIVE OROVILLE, CALIFORNIA 95965 PHONE; 534.4601 December 17, 1981 11r.Gerald Lugenbeel., Jr. Route: 3, Sox 130-:P Chico, Ca, 95926 Ret Use Permit and Variance on AP 39-18-31 Dear Mr. Lugenbeel: The Planning Commission, at their meeting on December lfi, lgsl, continued until March 17, 1982 the hearing for a use permit to allow a liome occupation which mi><y be objectionable by reason of noise, and a variance to the sideyard setback to allow a studio 3 feet from the property line and a too! shed and storage shed At the property line on property zoned AW10, located on.the northeast corner of Elk Avenue and Pierce Avenue, approximately3 miles southwest of Chico, As you thi' aneAware IopportunitystoobuildaA wallnce s orasoundnted tot�entiaive tion. This meeting will also be held in the Board of Super- visors' 'Room, 25 County Center briVe, provil e, and 18 scheduled to begin at 7:30 P M. 8hbulcoour d yhAVe any questions, please fertl free to contact '� Sincerely, Bettye Blair Dir`;tetor of Plari ling /hd 0 •w ld a �/ s�' �A Pl� 7-3 •e Inter -De,„ artmentaU Memorandum rot Pl'+�t vt , t 't �.4 �- ► �'(1'14 °�u�l L lt..�"" � �� � o t� �. Ntl Z � �,�d c• rr4oMt SUBJECTt Pl r,eL4�Ao" t r,� rCrtf �E1K DATE; � aV.u.brt`( Jit Igi"'�,.�LfItVC.1 c)-� �e Jite.S olraU.,a levels 0 .w-vecliwi,% yme4-di 5Vke/4, e K c c e A ecl 60 rl A rr It J.( k ,t c , �. ! leve w a,s wt r.:+tr�5 C/Jf3? ��+ 1d li(LSevtS/r l7tf2 ir"$. �l(', 1j 1vt �i ` , Stitt}„tt?i.t l? 7�Ih�1�tt�Yr„�kr,IGS �1y` 6�lcJ C� , �.1 t - �v m, 1 �%u�'I�t etc �'Q' (`+.`t �(/tiC1� SIC' l�4r�hl��t ll � r l r))res, IIVc Luu►tj a 2a: r-mun : A -t sourm LEveu evALLIATIMI roma (; J AnWant Sound Laval walualtan j.w{Iuuotf 0lionalvo :wund Lovul Evaluation iloq��asladhy: Equ`.pmantUsad.y Ttr lttc ) �!'L /�1vciC j rc td fi �" Wcropnana L¢cnlfon s�tc CfZ3sv► ,/iPllQ ti+fl�S %i3 �! 1 MOM(- C — tx 25 Tim. Sin rtoC 2 i Z T(ma FWatwd _Li 34 OaMlo lntorvRl_ Laid'Us*Dosigna{rong ` Camnu { Claoailtcatlon: }.iudia.:Arnht¢nt.fiaucxitav¢i 60 {a$IA hila; >" Radian: 1,1''m > +6 dBA: I.ilrt. > +10 dIIA: Idtn_ > i IS (MA: Wn. > +20 d{1A. - cw.1�1w.ar. -lL� - r r -C r. I.: ASe- - Loot. ' ILAI rcrolrr u:i.:.CTV.. aou.. " lL:It.ItiecC EMO K: t Mtilmil co I MwWws Ec.4Lm.sf -Te5-� Loc. Mum A -t SOUN VEIEL EVALUATION FOWA C;Iif F E_ {�e,��lt i 1 Mch[anL Sound Laval Evalua[ton {,v{AI[opac! plfonolvo Sound Leval aiu+� al -1 naquoa[aJ 6• . >�y � V /I�ftttaaa _IIua��+r Qu*K Y Q1tA Mona:'i P nullardinp t xi-- 4 s' AJdroan fll� c. �e� i7m t C I a' r'r,ona: _ - Bii' 4ga JQI.nd Sourco: �' taWiS'Z �/Ul. �YL`IC `�,t * 1.7_LIE [tiirtpman[taad �sft'S�' s�utddrtu CX Mold 211 Q"E5 I rr /� 11 1i?crcphona'Locapan: CO lea—, {Ci•�—..ialw SJitLta r—1DfL_Dj—P,rd�c:ts�ti cOuSt 14}1x* Os CL If, A� Sto 0.S[ariaJ !; ' • Uampio tnlotvpl: 'iNiN+t - F%V 1 S l •�.{ • 7fmo:F(n.ahad �: �� i * _ -RCtrr LaetfWa Qasipnatldkr Cammanl!y Ciassi[[eallam Madian Mrblont Sound Laval[ Wit,> MaLrGM kllh. > +G dDA: [.1im > + 1 a LI )A!n. > 1 15 LIOA: Min. > +24 caA S!!±jCILs)I Res r n.,.v.a easw`—u, X An".nrra 1011MA1 8%xid tower: . 2Q is 'Test Loc. - v F1Gunrl A-1 SOUND LL-VLL EVALUATION F=?, Crt:KcNE (}Ambient. Sound Laval Evntuallon. (WSj'joUadoltanalvaSound 1-4vutEvalua110rt ve:%t►C.l�t /tG✓� II t` t'liw�o. � 6 r± Addraea' i nuquc�todnffy �• � � � ' ��{ lj�l nopardrnir I��tn Lc Z AA+• -t 1 [ S�•.0 Addrusa;_F_ tt AV r Phone: Sound _--CS`-4S Sound Sk urco Equt'pmani Chad: Q-ur' S'i- �o..�u. �.441�-eIL n t1d'� ! �., _ f�-r,� ��rrtcne�c iffSi' y�sA�ttiti Mrcrophona Locallon..TQ f a h F' N • e r3 ` SE?`t -Y{oei! or; yam. {u" >? %� • tf 3 r} .�A . Tlnro-Flniuhod-.f I : 5'1 �Pj./1A tiample Interval: • • P [ M mkt S o Started- F Com wnily Clewallfcntron: Median Ainblant bound LGvol: c So cdrtnt Land'.Uaa Qas:gnaUon. lltin: > ltutltan; !.{tn. > -F5df1P.:. M!,:> +t0'(JUA fAin.> i iSdUA: Ulm> +20t13A: �s>t J • kir f� caw�i•a ar _ 4 Car AAkasf �13..�Z- L Truck. Ifi`omr- _ Urla. OrSe�JyF O _ - - R: nalY4/II E.-ya*„l'. 7[: Miafanl/ M -r Odanrl.i Om d 1.8.21'. . . d. Ts Loc. 1,,- Z FiGUrI[' n-1 SOUND LEVEL EVALUATION F-ORI.t ClC:CK;M: [ ;_Amblont Sound Laval Cvaluatlon (1,11AIlaotid dltanolva Suund Laval Cvalualt vt tiucuo_'adby. FFT"I'Via Addraaa.�lltl�ttiLiJFt�Vil�e' T�tyiu: R �erdinG AQP• ,fel Atar-i�f ��S4c--1 Aiidrosa�+� Vt .�Ua iC2_I'haw. soune Snurca: b+_1D3A�ii`�, SJ4ilP''i-�'L n' , rUJ-" Nia a 4_ EcprfpmunMacid: �0�cCs� � So,,,►� neac4ey? M1ige ctZ 1 E A ES `.S'scr3pilana tocniTan' IP ,� o .^.- , c5e (301 C&rca a?P t9`'r �i2'u S�[e/tt - Ssat Yioaltiar; ` Tima Starl9d: I i 7,q A -M, Tlma Flnlaood:_J-1 11 -7- A ,m tlompto intarvat- AA; Kct4-t Land Wo Do9Tafmlfoni _Ccnvnunliy Ctajnlltcalton: _Mod,unAmblontCound Laval-_ � � 0 Wt > modtan: Ag-_ > tfi doA: Min. > •I 10 dL1A: IA6t. > i 1'5 tMA, MK > +20'dak S 0 cw�►Kl�aar. .�jIlit1G$Cci.j,�_��F1 �,�, �l�J . Cfai: . T, L&" 6/:.�blxiTdc - A.Aiaot C it.atoppr Q6arr- Y 3 _ - nitaiuwitD.t+«t` .Anil-Ww10Xw%t sflm d[iasE - - - - - 0 �S-1 4c. € FIGURE A-1 - SOUND LEVEL EVALUATION FORM CtiECKOW-- (, 1 Aatifom Bound Laval Evaluatlon (#<A1toCad 011¢naly¢ Sound Lavdt Evaluation EToqua¢todtty: Pfatitwi-ol C--0tWt' ff6KF�ILDft.t 04VdI Frono: 6 tt nn )S,71 -L! Aogar'Wsp .: R..L��i lle�� 1`�sTit Addra3a Cliff, (�'flL� .-A lttrsr+ - -- Etridpmanr Wod: �e Q It, 1 a "Jr / y MtcraW�cnoLccaUprl 3C)�Ct =6yz &,-c AIO 3 iLuC1-dltg Sst l4OfiCy4 Yt.( sL sFSui�t SGaig 4lanih¢t_ txl :y- T1ma St¢rlad: A10 4.14 . r -Time FWul)od:_ . 2$ mp A -M I Saia inl¢fv¢I: U `gra (w:d tlsa D¢algnaitan:, Communlly CF¢n¢Iltcetfm: Modi¢n Ambitmt found LavoLA Min: > Mydtan Mtn.. > +5. dliA:. : Mtn_ >_ +10 dBA: - .!Ain. > f 15:'MA:. Min.. > +20: d3A. 20 1 w. e ter. 0 T ta; "E S C Cu A. Aha.ft T, T,"X, Itil.¢coput- M "W.C7cls- COMW Il. nok—d tq.v.—* s it A"Ies wjonw ks loud Lmet, Da1.. �131+JG t'— 13-$2. .A� � CaS ,bw� r. 9926February �_6 ry ..Butte' Oauny� �'lanx�ngTIM lSit zt 7 �iunty Canter Drive r 95965 4 KefOnce but letters c 'July 1� 1?4,. ��a '�n�`�i»��� 193' ` ar�nrer`ning ;. bnitlg rri�latl �n ACL 1 ; fyCtn�'l� rri , Qtr F lrtyAvenuo and. Piero Road , We atlaloa n tdd3tie nul Matures shnsti gag Cnntimt('d 0 jn0trttctibri al olt a The large jvoeder upper panels "'C",O wu'dbltkiitr�ier i at.s�aen our fanoa, 'end, bai:tdIng Mean. j ,�tav4'' ads pd� ince the bee. ,.6, l9 1 plainink Lommisao,n t`a n`t'`ibg4 At thta time the Cnmm3.asiora it !ated t:tttt a1��,3bund 0Ux1�k'rat313tr5h ad4it nn be withb, the fpuhdiiy 'Val" ��a' undera'ttihd tk�tt �&. �tl�bnbus��. t:a1d } the zohing imspoctcri that the V)t46 lnrrler is a. 'fetis:o.. , it apPeara to u3that tlt+ tugertheel. does 110t intella to be' bjun/! bl, any %potx ictians thiarbf re ve 60 ne bh�uj� h9 hn ecoid ing _1 as ap�:ea the valeting CX a Vat'411d6, ,fIbl-' iheoo ba" Iding6. o ani!' uee,'permi't f6r the �JC1ta 1'18f� len ori .��uhdr� �1j5Ai'4 t3 b' t:1,t53 j§ to our j'o�it�erid�r. ! a \` _.C We db, sat �iclx t� praaltu e any pmwibI8 Legal raccttrse in the event this bmnstructihii and �curbe of noiun restihn an a rlawaluatiatx r5 Our;1irbrei`ty- u �vVb eoa l i�ti.�ol . we)u r ehould to dcd de to sol.l o, , At bllie Pttt�sr o i'�o, f, Ruth L. Pat, ',r ' enc. 5-ukca lnrullhrd�'°m�' t1uHo Cb. `r i r prbYl���f tl ' � :IC -1. All w I I Cl V I rl o T, ol to fw'U'(�'r w'-('upy youx t imr a nd i0m, ;o w-�� L I �w%t hr,�ving. '�erld the 'At, to Q-t� "'Oovr '11 -ink Yo"a Ok t Ty )Memorandum Inter-DepartMebtal, TOt Planning Department" Vince Ai�zaione, Zoning Erif oreemetyt k FROM; Howard J. Snyder, Jr., H.S. Division of Environmental Healtho-( SUBJECTt Use Permit 7 Gerald Lugenbeell Jr.�O# 39-18-31, N/B corner Elk Avenue, & Pierce Avenue-Chico,CA DATM March 157 1982 on January 13, 1982 1 made a sound survey 'at the above listed location. Sound levels observed during metal smelting and casting operations exceeded 60 dBA at the property line between Mr. Lugeribelel and his neighbor to the East, Mr. Patterson. Sound levels were measured at 65 to 69 dBA.wIth the majority of the measurements at 68-69 dBA, Kr4 tugenbeel was to take steps to attenuate noise levels by proper shielding or construction modifications in his foundry building. 'Mr. Lugenbeel set and cancelled appointments for re -testing on March L�, and March 15, 1982. There have been no mc-a8uremeRto taken since Mr. Iugenbebl has made fence and shielding modifications, therefore no verification or noise re- ductions can be made by this department. v Howard J. Snyder, Jr., R.84 V ",�% I I-,\. Inter-Departmontal Memorandum TOI Planning Commissioner, Piwining Director p R C., M., Vincent Ai=lone, Zoning Investigator - Planning Department SUBJECT' Lugenboel - AP 39-3.8-31 - Application for Use Permit DATEII Marc1i 16, 1982 A.4signment Planning Commission instruction, meeting of Docember,16, 1981., to monitor applicaiit, attempt to control noise emitting trwn a f oundry (Home occupation) Owner Ocrald Lugenl)oel Rti 3, )3ox 130-11, Chico, California. Zoned A-10" (Agricultural) zone. Ordinance 1498 Dated 8eptember 24, 1974. Investigation. InterView Mr. Archie Patterson at his hopie, nextdoor to Lugonbeel; 6bservett new wooden partition between present fonce and back of foundry, apptoXimitely 101 'llig1j. Januar-� .15, Visited ref'orenced parcul with llowatd Snyder, Butte County Envirownentai Health Ibpartment I 'to lvalw a sound survoy. Noise levels were made at five (5) locations. Complotoct sound level evaluation forms attached., Appoi,atment mado with Mr, JAIgenboel to run roitntiry so that further testing can be done* Appointment cancelled by Mr. tuj;L�nbdol. Wtireh 15, 1982 appointment Suggestad by Mr, btle,0111001 with Mr. snydd-t to test sound levels, 11t, Lup caacalled appoIntp)entj Note: Mr, bugellbeel has -qoulld testing equipmonti w Report - Lu enbeel. AP 39-18-31 March 16, lrI82 Page 2 March 15, 1982 Visited Mr. Patterson parcel and interviewed Mri and Mrs. Patterson. I observed that the height of the fence was increased on side yard, facing Patterson's kitchen. I also observed a canvas curtain on oP6 side of foundry building. InfoTmitioft (see diagram Foundry 'building is opened on one and. Has wide open spaces on side walls (canvas curtain) - solid wall in. Tear. Condlusion 1. Mr. LUpenbeel attempts to attenuate the noise levels are - (See diagram Itl) A. Woo4 partition between fence and wall of foundry. B. Wo3d addition on top of fence. 0. Canvas curtain on side opeiiing of foundry. Hr. Lugenbeel has cancelled tesLing of sound levols6 Without measurement, no noise reduction conclu.,;ions can be mado. Vince Antd1brid Zoning Investigator 'VA/sb 2, Diagram 02 3, Memos from 110%idtd ShYdOt 4* Souna level dvahiatioft form, Test lbedtilons"Olo 2o 5o 4 and 5 BUTTE COUNTY PLANNING 'COMMISSION MINUTES - March,170 1982 A. continued from_ 12/16/82i ITEM ON 1114ICH NBOATIVE! Dr-,CLARATION REGARDING ENVIRONMENTAL" IMPACT 1-99--THEW-R71COMMENDED Gerald Ltgen.beol, Jr. - Use permit to allow a home occupation which may be objectionable by reason of noise, and a variance to the sidayard setback to allow a studio 3 feet from the property line and a tool shed and storage shed at the property line on property zoned "A-1011 (Agricultural - 10 acre parcelq) located on the northeast corner of Elk Avenue and P'i�rce Avenue, iden- tifidd as APi39-18-31,approximatc�y 3 miles southwest- of Chico, 82-59-1-12 Ms. Blair called attention to a memo from Vince Afitalone) Zoning Tnvesti- gator, noting that on March 4 and lt Mti Lugenbeel cancelled appointments with staff to test present sound levels, Chairman Lambert reported that she had visited the site earlier today; that Mr. Lugenbeel had told her that there was water in the furnace on both March 4 and 15 and it could not be r1rea, She reviewed two letters Presented to her by Mri Lugenbeel stating that he had constructed a,-,ound attenuation barrier and that lie would noi be able tb attend this meeting tonight, She then hoted that orchard machinery does, ii-Adeed, Make More noise than does his furnace—as lie had Also contended in the abbVd-mentioned letters. She noted also that his property is 'in an A-10 tone� And opened the hearing to the public6 Proponents: No end, Opponents! Msi Archie Paterson said that she and her husband instigated 2 - t BUTTE COUNTY PLANNING CQMMISSION MINUTES - March 17i 1962 the initial complaint about the operation; that a fence had been con- structed inside the setback line; thatnois ' e had not decreased; that firings had continued during January,, February and March; that during 'the last heating onthis matter that their home had been robbed and had they not been at the hearing they could have been in a position to.prevent this loss; and that they fear depreciation of their probe-tty should they desire to sell* There being noone else to speak the hearing way closedi During the on - g discussion it was noted that the nearby, huller she,d and spray rig", !6uin lie applicant make 2 h no4se as Mr. Lubenbeel's fttnace* that t times as muc 04 to the othof side of the lot, ab had the ch ice of1moving his equipment some hing to cut down the noise, or be shut down't atid that there is a need for another sound measurement. Motion was made by Commissioner Max, seconded by rommissimier Bennettj to continue this matterICL08tD for 45"or not more than 60 daysi to give the applicant a chance to get the sound measuremOnts) and instructed staff td,impt6ss upon him the importance of his 6 cooperatioft in acebmplishin�g this test. AYES: Commissioner Beniiett� Maxo Schraae . r and chairman Lambert. NOES: No one, ABSBNTi. seat lot District 4 is Vacant. Motion cartiddi LAND OF WATU�,�[ WL.�J AND t�Ei� U1 PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965 PHONEt 534,4601 Route So Box 130-F Chico, Ca. 9 S 9 2 �'.t Re: Use Permit and Varitii� e oji AP 39-18-31 Dear Mr. Lugenbeell: The Planning Com,,,,Iission) at their regu . lar meeting nn March 17i 1982) C611tijilied "-�e hearing for a use pormi.t AP.d variance on the above referenced patcel CLOSED --,- 'not more than 60 day8, This continuation is to gi . ve you Another opportunity to obtain Measurements Of �ottnd levels sifice your alterations have boon made, ThO Co-milistion instructed staff to impress upon you the ih'j)ortdnco of those measUrements� And it is expe ' dted that you Will make An aprointment with county staff to have this done At your 0'arliest convenience. Please Edo! free to contact us, should you have any quostions6 Bettyo Blair Ad Director of Planning Wter-Depair#. .0emorandum tot Betty JUrcher, j,'-janning Department birector FROM: Howaid J. Stqdert ErMxonmental Health �Wj SU6,JECT11 'USE PEWIT Gerald 1,ugenbeell ire — AP# 39-18-31f NE corner Elk Avarua and Pierce Avenuet Chico D-ATItt May 51, 1982, No re—evaluation of Mr. Lugenbeel'B metal smelting and casting operation noise levels has been made by this department since the tests carried out on january 1�1 1982. Appointments were made for March 4� and March 15, 1982, but were cancelled by Mr. Lugenbeel due to bad weather. On April 27 and 281 1982, 1 attempted to call Mr. Lugenbeel to arrange a sound level test bult; was unable to contact him. I was able to contact Mr. tugenbeel on May 4t 1982, And attempted to make an appointment for a sound reading* Mro Lugenbeel informed me that he would only be able to conduct a emelting,and pouring operation in the evening hours as he could not assemble a crew during the day* in ordtsr to carry out a test it will therefore be necessary to make the readings at Mr6 Lugenbeel'B convenience, and apparently after normal working hours. Uri, tugbiibeel states he has made modifications sufficient to redtce Bound le�ds� to 60 dBI however, this fact has not been substantiated by this de— partment, Therefore this departmerit cannot recommend approval of the use permit. H&/M!Lf A , BUTTE COUNTY PLANNNG COMMIS91ON MINUTES - May 6.,, 1982 A. ITEM ON WHICH NEGATIVE DECLARATION AEdARDING BNVIRORMENTAL*IMPACT HAS REEN RECOMMENDED Lubenbee" Jr. - Use permit to allow a home occupation IL P whi,,-:fi 5tay-Fe—objectionablo by reason of noise, and a variance to the sideyarcl setback to allow a studio 3 feet from the property line and a tool shed and storage shed at thepropdrty line on property zoned "A-1011 (Agricultural.— 10 acre parcels) located on the northeast corner of Elk Avenue and Pierce Avenue, identified as AP 39-18-31, app,ioximately 3 miles so)uthivest of Chico 82-70-1-74 Mrs. Kircher noted that this hearing had been previously coiltinued for 45 to 60 days and called attention to a memo from Howard J. Snyder, EnViron- mental Health Departmento dated May 50 noting his inability to get an ap.- pointmOnt to take sound readings. The hearing was opened to the publir-a Ms. Archie Paterson, next ' 1L) neighbor) said that the applicant had a burn on Monday of this weak) adding that oven the filing and chipping art ob- noxious 8ounds, She also complained about the appearance of the wall Mri, Lugenbeol had constrUctedi Commissioner Bennett noted that this is an urban situation -in a rural s6tting6i-that none of the houtes belong them Chairman Lambert said that this it an allowed use and that there are other noises equally as loud and that slid would like to make one moro at- tempt to talk to the applicant and try to get his cooperation in setting 'Up sound tettingi she questioned. the teed for a sound level testing at the top of the fefice4 There WAs A Motion by Commissioner Max, seconded by Commi'8,sionor behuhin�,to continue this matter CL081m until May 134 AYES: Commissioners Bonnetto Boliunifto Schrader, Max and Chairman Lambert, Notsi. No one, ABSENT: NO bne4 Motion cartiedi .'OWN te*. O� NATUFAL WE-AtTli AlsID a'�ALITY PLANNING COMM18SION 7 COUNTY CENTER DRIVE � OROVILLE, CALIFORNIA 0596S PHONE� 534-4601 May 1982 Mr. Gerald Lugenbeelo Jr. Route 3, Box 130-F Chico, Ca. 95926 'Use Permit and Varianc,� Re: on AP 3q-18-31 Dear Mt. Lugenbeeli. The Plahnibg Comiflssiofi, at.their regular meeting on May 6, 1982, delayed'until May 15 their deci-tion coricerning the above -referenced application. Chairman Lambert will be in contact with you. S1 ioUld you have any questionst please f0el frbe to contAtt ovT offic06 8tephdn Ai C.fteeter senior Planner ,for-. B. A. Xirchet Dire-ttot of Planning Ad M . Inter -Depart Mamorandum tol BettY Kircher, planning 1�ppa,-,Annent Director FROW H.jij Snyder, Ervironmd ealtht V. Anzalons zoning lnvest,�gatbr SU13JECTI Use Permit — Gerald Lugeebeelv jj.. — Ap# 39-18-31 — NE comet Elk Avenue and Pierce Avenuet Chico DAM May l2v 1982 On this date Mr- Anzalone and I made a sound survey at the above listed address during metal smelting opdrabions. A Quest Soundmoter Model =AP -4S was used. The instrument was mlibratad before and after the Ibeeti and was found to be recording accuratelyq Measurements were made at two locations on the fence between Mr. Lugenbeelts properby and his neighbor Mr., Archie Patterson, Rbe 31 8ox 130J (ak Avenue), Chico. TGmperaturd 72 F� wind velocitF 3-5 mph from the South. Readings were taken at one minute intervalse Fifteen measurements taken at LocaUon #1 (plot Plan) indicated the following sound levels during smelting operationst Level No. ofje �is iEr� 62 dBA 3 P10% 6,'A dBA 10 66i.7% 64 dBA 2 Four measurements taken at Location #2 (plot plan indicated the following sound levels during Ismolting operationst LetMta Level 966, of Re2gms Ae 13 dBA 4 100� Three measurements taken'during grinding 'and hammering operations showed levels ,from 61 to 6� dtA4 These to8aijigs indicate that Mri LugehbGOVS castihg operation continues to oxceed 60 dj3A at' �he property line between his and Mr. Pattersonts properbYa The modifications made to Mr4. Lugeylbe"6105 smelting and Oatting 'building included installation of plastic ddrru8stea r609AAIg P86BIB in V,4naOW and e6le OPehingsv oohB�rftotion of a perforated mdtal cage for Jyistallation over the smelting furnade during its operation, and a canvas drop cUrtains These modAXiedU61s only tedtided h6i6i� levels bY 3 to $ dBA* it shotaci be noted When ail casting Oerati0h� ceased the ambient 11-disb level noted was 'loss than 60 aA in the neighb6thouai, -4 cast operations ocmoj, times weekly We were infomed that said smolting tm ing and last frolt one-half to one b(ymr � each L�me i, Earlier Mro Ltjjonj-,e;1 indicated two hours was the nOM81 time OPaftf and. +.,ha neighbor Mrs. PLtterswi ilidiod-ted this was a more realistic estimate of the time they- Wre exposed, to the noise* it appears doVbtful that Mr. lagenbool mtin. uLay below 60 dBA (from Olounty General plan Nolso aemetrb) during caaj.AAg dp I era�.,Ions,unleao he redesigns his smelting Alarl lid maso w t Out casting building,or 'makes mort M10dift0atiOUS including so nry alls 4 h any opening or pertorat�qna Tf this use pormit Is granted Mro, Lugenbeel should be required ta make all neddss6t7 modificatl:6ns to reduce noise levels to less than 60 -IBA at all times his c -aa -t -Ing busim6s 16 in operation. HjS/m:LT MAY 13 1989' 726F lei I Wi%d 1-6 APIJ IT -13% A ke-twit aml Lei, roy. M!" K Ave.) if Room tout cm -i CD VE IT -13% A ke-twit aml Lei, roy. M!" K Ave.) if Room tout A - Scale - C-bil w4c� 1-4-- Sl?K-+ cli Muni A-1 co 5 I ci SOUND LEVEL EVALUATION FOMA, CT> a 'XICONR (4-blent,ScuMl-ovolEvaluallon I I Allol;ud Offenalve Sound Level Cva!udllOn 0146 V-4 %L AIcit tv. Ono- >- -f Address: Ph I'loquaalecill, I " 1- SoundSourcm Equipmml LI3cd:—Q.lA e 1; A L NIJ 4e K -S 6 PA 0. LtIcrophons Lbcallon-- , V - I d- 5A SanVlo torvDI: t —Tima Slarl a - Madian Ambient Sound Level: e-4,0 (MAJ Land Use BasIgnalfca: A-tt) —Conymnity Classillcellom Min. > 4 iS L13A-- M4L > +20 tM%:- 1.4:fL> Madlitrr .1 Mrn, > _ > till dBA: +5 dOA:,_ M; I L!jtt!�Lce% Ve ir 'A — '" S. a. 20 10 3a 35 dlu Ak".11 T� Tizati, AL wlw" 9 IL ACMWJI crion"ho 101W L0.81 U�Imfa -W& Wa"-d H-l—k - n*: 2a H"A� Dal. 91 20 15 mcm Date of n.mr.2d ft?,VT--A *AaVmU art Or�afae tv.,Id L".j 9cale— FtGU)lr-- A-1 SOUND LEVEL EVALUATION FOPMI I C'4 CHECK OW-- Ap1blonr Sound Level Evaluailon (4�'A'llajlcd Offanalva rjuuncl Level Evaluallon - co m 1 nucluested br- *)e?L Aetfroam: r... ..-L - 1) t V. I fbaartgng: -Address: AWAtif..-AL2 ISOA13 WCLIrA Lf? cl >- cz _mo. Sound Source:, A V -& f EwTpmont Lhact Qwg-SE Microphone Lowrom TO-VaL L %cf-r 144-1sq-. Tfmo:Slorled- FWahed. Land We DosIgnatrar--kio Commur _T[mo -84avle Lnicrval: MYL CT033111CUlten: Median Ambient round Level: < (MA) Lq'n-> Madlaw- M!rL> +5 1113A. Min- > +10 dl1A:_ JAfn. >L J. 15,M MUL > +20 dRA.- \AA-4 k 3 .,S Rf k 20 15 mcm Date of n.mr.2d ft?,VT--A *AaVmU art Or�afae tv.,Id L".j A- 2a 1.5 - to 5 M,15t - XATmO F, Tfu"- M11.4copt.r, M.1kowcYcle OJDMW ft a.lu.44 fwV~4 X:A"Twjf�� I Cm�lv* ULM L"St MGUnE A-1 SOIjND LEVEL EVALUATION F0111-1 co CHMC ONa I) Amblent Sou, -d Laval Evoluallon ()QA11ati640llcn*1q0 sound Level EvAtuelfOrl J-'Vep._��Phunll: 14 ,q LA c,%A Addraw. 7 bY.- cd CZL311 &6 Addralia: I;—* Phone- nocarcr,l "2 -- Sound S..rco: aw- ELTUIpmant'Ltact: > t f -,Z C44 LA ,I "— - " NJ am Xse I I L%--Lj �-T— e, I Mferaphons Lacaltem jCe416::Vf�.:tTtmSle,41ad--1 f -1 *. Timm FWshad: -%yGnftr:14f=%1k .4 Co (ECA 1_ Communtly C%33111caftn: Cound Laval' — LendUmoustgnatIon.: IA!fL > +20 tJoA' 2a 1.5 - to 5 M,15t - XATmO F, Tfu"- M11.4copt.r, M.1kowcYcle OJDMW ft a.lu.44 fwV~4 X:A"Twjf�� I Cm�lv* ULM L"St .26 Is A - rca fe- '(104 CZtV -'E A-1 -L VAI LEW IF Jjx'T'7�M FORM csi i CC) CA CHECK ONS- Amblont Sound Laval EvOluuftn Alloged 011..alvo Sound Leve! Evatuallon nequeetedti Addfass: f '" EA g CiA,-J . 'A -3. A Y, ,,( 0 ZE SoundSamwa Eij,dpmant.U5a&-C;4ee-%-'-- "�juAA Al %,il� K b— &,C ;�-IACP- — Dhfe VU/L P,44-COU11A a i 4, mr-roprMnataC14 Ion: L I &-a SarffMVfO hntorval' -Vicalhar- Tlma.Slarlad: -1tind U-- 0, D I astgnallan: A Community CIft3sIIICn1fOn: MoEfian Arnb!cnt; Sound Laval: <4 JLrrL �. M%. > +5 enA:_� MF;L > + 10 dl3A:- Min. > 4-15 eOA:-- MIM > +20 LKIA: D",Am!s "A:Ws1UM*d Nal—k I �-nm:20 fW' J C..Wda, Lr f A JkAAaA T. T -a- IL11.1:wow D116.01WO01- &r,jm;wc" Rem t1-16L4kS w .11 n e-�,* BUTTE COUNTY PLANNING COMMISSION ,MINUTES - May 13s 1982 111.A PUBLIC HEARINGS - CONTINUED FROM MAY 6, 1982 - CLOSED Use permit to allow a home or-cupation Gerald Lugenbe.el Jr* - and a variance :11�- Li,)Jc by reason of nolsc� whiC-1-1--M—ay"6—Q"'6—bj Oct iono a studio 3 feet from the to the sideyard setback to allow shed at the property property line and a tool shed and Storage e parcels) ,line on propej*ty zoned IIA -10" (Agricultural -- 10 Acr orAer of Elk Aveii�tc and Pierce located on the northeast c I L approximately 3 miles Avenue) identified as AP 30-18-33, southwest Of Chico Mrsj 'Kircher noted that this hearing had.been continued I CLOSVD from last week and called attention to a memo received earlier th's evening by the Commission from H� J. Snyder of Environmental Health and Vince Anzalone, , that the sound readings taken on May 12 Zoning Investigator, indicating, nan- the 60 dBA level sought by the still measured a little higher commi8sioni. Chairman Lambert said that this Is dn.allowed use in the zoi�e, and so far tback,goes all other side yards in the area bave some as the variance to se � higher love! of agricultural noise in the encroachinentj that the same or em and that she boliev0d that this is ILO-ighbothood appeared to pose no Pro - bi ast'oned whether the a neighbor problein—not just a noise problem and qu I -he recommendation for So 'd masonry Wall would be commission thought that t 11 I she made a 00tion to: the answer. After the ensuing dj8cussion, A. Vi'Aa that the Ttqulroments of CEQA have been completed and 1 a -ad adopt A Conditional considetod in making this decision, Negative Declaration'$ And B. Make the findings required by County Code Section 24-M9 And, C. Approve the, Variance to 911014 hOMO occupation -)t-1 ------ s to eXi8t within the siJoyard setback in an A-10 tone on AP 39-18-51 (Gerald tugL-.nbee1),1. and b make the findings roquivbd by County Code . Section 24-47, And E, Approve the use PT�roi I It to allow home occuPat'On strUttlArbs to operate and exist Within the s-ldeyata setback 'in An A"10 tone on AP 39-18-31 (Gerald tugenboel)� subject to the follbWifig Conditions, a BUTTE COUNTY PLANNING COMMISSION MINUTES - May 13, 1982 1. Outside noise levels �-'hall'not exceed 60 dB (Ldn) on adjacent residential properties, nor exceed indoor levels (Ldn) of 45 dB on those same parcels. 2. Use and store a-11 fuels, welding equipment and flam- mable materials in accordance with the following Butte County Fire Department Yocommendations and standards: I (A) Provide,2016 ABC fire extInguisher to be readily accessible in studio, (B) Gas and oxygen cyclinders to be stored safely and chained to prevent falling Over, (C) Studio to be maintained clean and free of flammable materidI4 Store all toxic or hazardous chemicals under lock and key whon not in use. 4. Collect, store and dispose of All Waste materials, liqu'id or solid, in a manner approved by Butte County Environ- mental Health Department and Butte, County Public Works Department and State Regional Water Quality Control,,Board. SO 'Construct an 8"foot solid mas4ohry wall beginning At 'h north end of the building and extending 10 ft6 past ,south end. 6 All conditions imposed by Commission must be,complied with prior to use of the facility (Section 24 - 44 . 7. Applicant must also comply with all other applicable State And local statutes, ordinaces and regulations. Her motion was seconded by Commissioner Schrader. AYES! Commissioners Behunin, Max, Schrader and Chairman Lambert. NOES: Commissioner tennotti A98tNTt No one, Motion cartiedj 4 B CA U TY 95965 PHOWEi 534-4601 Hay 14 , 11)F,2 Gerald Lugen I beel, Jr. kt. 3 Box 13OF Chico: CA OS926 Use Permit And Varlince on AP 30-18-31 Dear 'fr., Lugenbeel: At the regular inectint, of the Autte County Planning Commission held May 3, 1982, your application for 4 use oirmit to allow a home occupation whIch may be 01) c�tionable by i,cason of noi8q, and a variance to the s3lacyard setback to alloW a stiWid three fact from the property line dnd a tool shed an(l storage shed at the property line on 1wroperty zoned A -10j located on the northeast eornet oP. Mk, Avenue and Pierce Avenuej approxil- ma to 1), three tiilas southivegt of Chico, was approved. Should you desire to appeal any of the Conditions imposed bsi the Planning Commis'sion you must do sf in writilir, to the ClorR of the 'lloard of Suporvisots, 25 County Center Drivej Orovillef California, prior to SiOO May 21, 1982, If you do not appeal and if thord are no other appeals within tho eight-day appeal period'i yotir use permit will be issued after May 27, 1982 the dato of the official approval of the minutes of the Planning Commis�l ' on ,for May 13, 19824 A vatiuncos will ai8o be i.sstie(I at that tiric, Should' )You have any quostions concerning this mhtteito ploa,sr-, feel free to cpntadt this office. re I y t 0 h o n A'. S t r L"6 t t r Sunlor A. �Irchot Director o� 11111 inli Mt, and lirs, Archie Ontotgoil n APPENDIX G NEGATIVE D RATION REGARDING ENVIRONMENTAL IMPACT ECLA NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of tile California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination hass been made that ituill not have a significant effect upon the environment. Log 9 81-00-01-01 AP 39-18"31 DESCRIPTION OF PROJECT: use Permit and Variance proposing to utilize a Portion Of i62 acres of land, as a studio -size foundry for manufacturing art objectse 3, LOCATION OF pptOiEcT: On.the northeast corner of the intersection of Elk Avenue and Pierce Road, approXimately four M410S South of Chico. 4. NG�IE� AND ADDRESS OF PROJECT APPLICANT: rald tugenbeel, Jr. Rt. 3, Box 13OF Chico) CA 95926 5. MITIGATION MEASURES: 6, A copy uf the Initial Study regarding the environmental effect of this project is attached. This study was: Adopted as presented. Adopted with change.-,, ,;pecific modifications and supporting reasons are attached. 7, A public hearing on this Negative Declaration,wa8 hold by the decision making body, Hearing 11ody Butte County PlanAing Commission Date Of DeteYmindtion Determination! On the basis of the initlaq study of onvironmental impact, the information presented at hearings, comments received (in the proposal and our Own knowledge and independent research., We find the proposed project COULD NOT have a sigilificant effect on the OnViroffln0ftts and a NEGATIVE DECLARATION is litroby adopted, Colitt-itional L Jqe find that tho project COUL I D have a significant effect oh the otivironment but will. not in this case bteatilsd of attached mlti�latl,on lneflgUros described ill item 5 above % I h 15 of project qh'c ave by this rof�opcnco made conditioni Uppl,OW114 A conditional, NEGATIV)l DECLARATION is hereby adopted. ia- �tu r o" nuttd County PlahA'ing Pro ect Title nce AP 39-18-31 u1se Permit and Varia State Clearinghouse Number (if submitted to Gerald Lugenboolo Jl*. Sta�e �Ciewringhovsd) APPENDIX H T e I 0�u ml) a r �1 Into -rsect:,On 0 Project Location On the northeast corner of -the Into Jour mjjp'�� uth Or C1 !'NOTICE OF DETER1_1INATION F I L 'E D TO: Secretary for Resources MAY 17 1982 M 1416 Ninth Street, Room 1311 Sacramentoi CA 95814 ELEANOR M, BECKO COnly Clerk County Clerk, County of Butte Drive By i, - IACliQ 25 County Center Oroville, CA 95965 FROM: Planning Department (Filed) 7 County Center Drive Oroville, CA 9S965 SUBJECT! Filing, of Notice of Determination in Compliance With Code Section 21108 or 21152 of the Publi�,�wm�m Pro ect Title nce AP 39-18-31 u1se Permit and Varia State Clearinghouse Number (if submitted to Gerald Lugenboolo Jl*. Sta�e �Ciewringhovsd) Con -tact Person Bettye Blair, Plani.ing DiT2C�0� T e I 0�u ml) a r �1 Into -rsect:,On 0 Project Location On the northeast corner of -the Into Jour mjjp'�� uth Or C1 !%0, nnrl Pierc_e__Roqd,_j_aUD=i�elY Project Description: Proposing to utilize a portion of .62 acres of land, as a ' studio -site foundry for manufacturing art obje This is to advise that t110 BUE.!�UU�11L (Load Agency) has made the following determinations regarding the above-desctibed project: gn'ficatt effect on li The ptoject Will have a si 1 the onvirohOlOnt. will not dred for this 2. m An Envivonmental tmpict RePOrt,wds Prep I CHQA, and was project utsuant to the provisions of certifiZ as required by Section 15085(g), 14 Calitornia Administrative Code. 4, 51 I Lco. t1on WfIS preptIred for this pro'ect A f1egativd 00CIAta J Lirstidht to the provisions of CriQA. A copy of the ogatiVe Oeclaratloft may bo dXaldned at the Planning Department, 1 COLItIty Center DrIVOO orovilleo CA 08965, A Notice of 8X01tiptioll W"o filed indicating this project is exempt froill oflVit-ohillefittll 1'eVieW. I was LV was noto A statement Or Ovorri.ding COt19Jddtftt'bh 0 1 adopted fbil this pl'oJott- Mitigat-ion 1116asuros ndopt6d by the Lead AgehdY to reduce rojoc q�r-o the IMPActs or the fiPpro"d p t goo att4chod S In ture 8tophbn A, Streeter t/17/82 ----------- Title a 4 M. t FILE NO.:, 1. Out3ttle n0j,$e levels shall'not exceed 60 dB (Ldn) on adjitcotit residential properties, nor exceed indoor jov(,,,js (1,d1j) of 45 dt on those same parcels. 2. Use ond store all fuels, welding equipment and flam.- jjjgb,1,o materials in accordance with the following BUttt., County Vire Department recommendations and standards: (A) Provide 201.6 ABC fire extingulsher 'to be readily accessible in studio, (B) Gas 011V V9CM cyclinders to be stored safely and falling over, (c) studio t-zo be mftiataA�t ' ty.n.lan arid free of flammable material, 5. Store all toxic or hazardous chemiC91.1-, ul'i6o" lock and key when not in Use. 4. Collect, store and dispose of all Waste materialsi 1J-qtiid or solid, in a manner app,roved by Butte County Environ- mettal Health Department and Butte County Public Works Department and State Regional Water Quality Con-trol.Boardi S. Applicant mutt Also comply with all other applicabld State and lucal statutes, ordinances and regulatioft84 M. t Ghian, Gai V -.-y 18, 1982 Clerk nX the Board of Supervisors 25 County Center Drive :)rovlllo� Ga. 95965 Re: Use Permit and Variance on AF 39-18-31 We wish to appeal the Butte County Planning Commission's conditional approval of the construction and operation of a metal casting foundry on our Property line for two reasons: (1) wo donit believe the Commis:jion ftxirly� addreaned the matter, and (2) based on the applicantis demonstrated refU�41 tO 000,Pcrilts with the Commission, we think there is little likelihood of I&I'Ll cemPlYing with the conditions imposed. An example of mr. Lugenbeel's attitude is evidenced by bid 7 *y 82 letter to the Chico taterpriso characterizing the Planning OomMjbsion and Board of Supervisors as political leeches hot qualified to dictatO� etc. Cho member of the commission described him as t1defioht". Furthea,� at the first 'hearing on this matter (16 Dec. SI)o it was understood that lie wail -to refrain rroin operating the foundry blast furnace pending a decibion on his application'for a use perndt. He ignored thttt injunction and I,las continued Operation. In.dociding this application, the Comrnisaioft nndentrated On 'two basic issu0st (1) property line set -back violation and (2) 6-.toossive noise generation, The commission excused the property, line encroachment (apivoAmately 49 A. of building) by dtatembnts such ad "everyone out QlOrc is In violation" and I'those hotdo s should never have been built thereii, This seems to us to be entirely irrelevanto a's not judgind thiB onevoachmOnt on Its own morits) and only sorved to ptejudico the houring at ito onsobe Concethi-ng the bLast futhace and tound* holul, lrilblal County tests d6totthihed it to be e'YCersivn, The COMMUUtnn then bdL,"vd its decibion on his redudihd the noise to adedlItable l0valso Recent County t"tihd (12 f"ay 82) show0d this still bad not been done. The Oomtissidn Chatrp000h OP4 dialhistAd Mv- Lugflnbe011l fail-urt to dar" ciontly 4ttthuato the holud 00riting"ht 6h hIJ 0OhdtrUctIh9 a solind rbdUo'ng barrier (this wad the very coft6itiffiA J�,pposed and - agreed to at the f"rot he4riha in Doc 4 lgql) . S110 3troggly rocowoondtd �prjro%l. of the V&riando and use pdrmit. Hor roannniqtj ad wo OhdOPOtOOd it) Wing that she had road a rOgU- lation permitting thd ma�int; of POU01 Una DOUIPting in this z0hi.n,g didds- itjoixtion6 We d&nIt "Ob )low that can poivAbly be "torp"ted a' pormittiq operation ot a metal duotihg �otihory that domonatrably egcoedg tile 001111tYla own noise otandiLHU. It aVpea.ed to us fromthe very first hearing that the now Chairper8oft was cohimittW to apprnving the, variants and use permit. kt one time she stated wovds to the e,ffect that "we have never shut anyone down ydt--I'm not about to start now'!. The only Cominis8ioner who really investigated this violation voted againdt approval --we suspect the others want along with the Chairperson just to aispooe of it. The foregoing can be oubstantiated by a review of the tapes of the he,-rings,� We will appreciate your revier anti re-assessm-nt of the iubject application. Tbank yoUj ARCHIE PATERSOU RUTH LEA PATERSON Archie Paterson, Chico. Mr. add Mrs. Patetton appeal the Butte 61inty Planning CdmmitsionOs dbnditidftal apprcva . 1 of a use perio,,.t and Variance permit on AP 39"18-31 for conscruction,and operation of a IT!Ate.1 csisting foundry. Set for hearing June 15, 1982 at 10:00 a.m. lu me coun LAND� Or NATLi!,AL Vt'k401it A' i ELEANIOR �k. BECKER COUNTY CLERK — RECORDER ADMINISTRATION BUILOING - 26 COUNTY CENTFR DRIVE OROVILLE, CALIFORNIA 959654375 Assistant County Clerko Nicea Lindquist 534A551 Telophonal .534-455.1 Assistant C1#r),, Board of supervisors. Cathy Pitts 534-4311 Assistant 40corder, Gwen Farland 5344091 May 26, 1982 Archie and Ruth Paterson Rt. 3, Box 130 J Chico, CA 9S926 RE! Use Permit and Variance Dear Mr. and Mrs. Paterson: At the regular meeting of, the Butte County 'Board of Supervisors held May 25, 1982, a public hearing date was set for June 15, 1982 at 10:00 A.m. to consider your appeal of the Butte County Planning �Commissionls conditional approval of, a use permit and variance permit on AP 59-18-31 for construction And operation of a metal casting foundry, on th,e northeast corner of Elk Avenue and Pierce Ave.nUej aPproximately 3 miles southwest of Chico. The meeting will be Abld in the Board of SuperVisors� Room, County Administration Center, 2S County Centior Drive, Oroville, California, Should you have any questions regarding this matter, please contact this,office, Sincerely, Eleanor M, Beeket 00'Anty dletk-Recor4et and EX -officio Clerk of the Butte County Board of Stlperviso,rs tMB!1kt tugeribeol, it, Gerald Lugenbeel, Jr. Route #3, Box 130-F Chico, California Dutf a Co. M";ftjnv Mom JUN 14 Oraville" June 7, 1982 Board of Supervisors Butte County; I have recieved notice of public nearing for the 15th of this month wherein my permit to qse the studio/foundry (AP 39-18-31) will be -�viewed. The documentation ovet4 .1 yet�r of complqInts and presilure. on the Pignning commission by one single neighbor couple is quita complete. The permits were sent on the 17th of Mayi We have complied with all mitigqt3,�nsi and withstood the poor old lady's accusations. The undocumented mitigations we voluntmrily practised from the outset included: deny three Pi�o artists in blown glassf printmakihg, and sculpture to join me becquse I felt it would disturb the Petersons6 1 have not installed certain pneumatic tools that aide immensely when working btonzej since most shop tools create over 85 decibals (equal to a lawnmowet), did not work Sundaysj ind 801dom on Saturdays. Etd.j etcetera. in the longrunj it looks like the ptob,"WeM It in the minds 6f those retired people who are qTw W918tlng yoUV time too, it's our turn now to e�tp?--.t some guorantoe that qn artist can work 'In Butte OtuntY without being harrqdsed by an unhappy neighbori nor the county itself. 8ihcdrely, PIS, Remember that the first serious complaint Was that my tile r6oP shaded her tomatoes, and Hk;i4 Archie Paterson, Chico, Mr. and Mrs. Patcrson submit: additional ihkotmation relating to !their appeal of the Gerald Lugenbeel proposed ndgative declaration, approved use pdrmit to allow home N.,cupation and variance to the sidayard setback requirements on PTorttty located southwest of Chico on the northeast corner of t",(Ic kvmn-ja And �ierce Avenue. To be considered at the tims of am htaving on Juad 22j 19824 Copies to be made tot Soard members. InteraDepart emorandum M Board of Supervisors FROM; Planning suaiFcTt Gerald Lugenbeel, Use Permit F, Variance, suggested motion ONTE- June 9, 1982 if it is the Board's intention to approve the above mentioned it and variance the su�.gested motion is as followst. use perml. A. Find that the requirements Of CV�A have been completed and considered in making this decision, and adopt a conditional negative declaration; and Bi Make t - he findings requited by County Code Section 24-49; and C. Approve the variance to Allow home occupation structures to exist within the sideyard setback in An "A-1011 zone on AP 39-18-31 (Gerald Lugenbeel); and Oi Make the findings requited by County Code Section 24-47; and t, Approve the use permit to allow home occupation structures to operate and eXist Within the sidtyard setback in, an "A-101' zone on AP 39-18-31 (Gerald Lugenbeel), subject to the following conditions9l, Outside noitd levels shall not exceed 60 dt (Ldn) on adjacent residential pr6pertieso not exceed indoor levels (Ldn) of 4� aB on those same parcelso 2i Use and store all fuels, welding equipment and flammable materials in accordance with the following Butte County Fire Department recommendations And standards! (A) Prbviae 2ol6 ABC fire extinguisher to be readily accessible in studido (B) Gas and bXygen cytlinders to be stotea sately And chained to ptbVent falling oveti Cc) Studio to be 'malhtiliadd clean And free of flammable m4teti'al, 3, Store all. toxic or hatardoUs chemicals under lock and key When not ifi 'Use, Coiletti store and dispose of 611 Waste indt6rialsi liquid ot s6lid.j in a manner approved by Mitte Co,-.-ftty Environmental Health nepatiment And Butte County Public Works ne'partment and state 'Aeglonhl Watet Quality Control tbAta, c6h6ttuct ah 8-kobt. solid masonry wall beginning at the north, Board of Supervis6rs Gerald Lugenbeel Page -2- June Oj 1982 end of the building and extending 10 ft. past the south endo 6. All conditions imposed by Commission must be complied withprior to use of the facility (Section 24-44). 7. Applicant must alto comply with all other applica I ble State and local statutes, ordinances and regulations. if it is the Board4s intention to deny the above mentior6a use, permit and variance the suggested motion is as follows. Ai Note that the requiremetits of CEQA have been completed.and considered in making thils decision; and B. Find that thesubject inroperty is not being deprived,of privileges enjoyed. by other propert,'r in the vicinity and under identical zoning tlassification (Code Section 24-49); and C. Deny the variance to allow home occu ation sturctures to�`exist 1 39-18-31 Within the tide yard setback In an 10 zone on AP (Gerald Lugenbeel)i and D. Find that issuance of a Use permit fora home occupation in access d Within A side yAta setback on AP 39-18-31 oty buildings locate I (Gerald tOgenbeel) would violate Butte Cour - c:Dde Section 24- 3 3, A -n Es Deny t I he use permit for home occupation in accO�sory buildings it—an A-10 zone on AP 39-18-31 (Gerald LUgenbeel), /Ir Iloo URLIC HEAXING; GERALD LUGENBEEL PROPOSED NEGATIVE DECLARATION' AND APPRAL F APPROVED USE PERMIT TO ALLOW HOME OCCUPATION WilICH MAY BE OBJECTIONAIALZ BOY REASON OF NOISE, AND A VARIANCY. TO THE SIDEYARD SETBACK TO ALLOW A STUDIO THREE FEET FROM PROPERTY LINE ANI TOOL SHED AT PROPERTY LINE, ON PROPERTY ZONED "A-10'1 (AGRICULTURAL - 10 AUmE PARCELS)p LOCATED ON THE NORTHEAST CORNER. OF ElIt AVENUE AND PIERCE AVENUE, APPR= THREE MILES SOUTHWEST or, arco The public hearing on Gerald Lugenbeel proposed negative declaration and appeal by Archie and Ruth Paterson of an approved use permit to "low �a home occupation whick may be objectionAble by reason of noise, and a varianco to the didayard setback to allow a studio three feet from the property 1;L -,A and a too! shad at the property line, on property zoned !'A-1011 (agricultural. - 10 acre parcels), located on the northeast corner of Elk Av6nue and Pierce Avenue, approximately thret miles southwest of Chico was held as advertised. Bettye Kirsher, planning director, set out the badkgroqnd of the appeal. She presented photographs to the Board at this time. The noise levels have not been achl,eved as of the last testing that was done. Hearing,open to the public. Appearing. - 1. Neil McCabe, represduting Mro and Mrs. Archie Patatboh, Mr. McCabe sdt out the documents that were presented to the Board as exhibits at this time: Exhibit 1. Letter and petition from Mr. and Mrs. Paterson Exhibit 2. Staff report dated becember 16i 1981 Exhibit 1. Letter from Gerald Lugenbeel dated October 5, 1981 to concerned agencyi Exhibit 4. Planning Commission'minutes dated December 16, 1981 Exhibit 5. Memo from Zoning Investigator daLed March. 16, 1982 Exhibit.66 Planning Commission minutes dated March 17, 1982 Exhibit, 7. Memo from Environmental Health dated May 5, 19'12 Exhibit 8. Planning Conimission minutes dated My 6, 1982 Exhibit 0, t4emo from Edvironmental Health dated'May 12, 1'982 Exhibit 106 Planning Commission,niintites dated May 13, 1982 Exhibit lli List Of firiftp of furnace and oven prepared by the Patersons. Exhibit 12. Letter from Bill and Neli Di Cattingham dated jude �0 1982 Mra M�Caba summarized the concerns by Mr. and M�ai Paterson which included safety, noise And ttaftid. they were concerned that Mr. tugdnbeel would not meet trA requirements of the conditions Oven after they had been imposed. He dotid not see how the Plaoming Commission dbUld make the findings wheri the documented hdise levels exceed those allowable in the General Plani The furnace is being used A� this time and there is no otil that has been oduattuo.t6d, He fait the problems could have been avoided if the permits had been sought timely before c0tistrUdti6h was itattedi I f 0# 80001-t"VISOPS HIN'UTE'S' - Juite it� V481 SuPfirvisor DolAn would like An opportunity to melet with the applicant on thismatter. SUPG--visor Fulton questioned Co require th unsel on the Board's tbility to .9 Applicant to cease and desist until S%3-'* time as he was in compliance with all the conditions. Del Siemse'no county counsel, advised that the applicant would be in violation of the zoning if'the use Permit were denied and the county I could proceed on a zoning Violationi The applicant is technically in Violation Of the zoning without compliance of t,he use Permit and variance. If this it continued, the Board Could notif - +� y the applicant to stop procossings, 8tiPerVisor Dolan tuggest6d that someone in the county Call the applicant and advise him that the Board is considering his application and did not want him to use the studio until the application is approved or denied. the record indicated the applicAn 1. t was'tOld that before, MT. Kirsher advised that they tried to get voluntary Compliance 1#rlm the Applicantj Until the Board take& action there is no way to get into litigation and therefore, it would almost have to be Voluntary compliance, S.uperurisor Dolan asked that the matter could be continued so shecoula check out, the information relati've to whether the masonry wall would stop the noise. Staff directed to contact applicant and Ask him to cease and desist and to attend the next meeting i f At All possible. The hearing was continued to June 22, 1982 at 10i0o am, Archie & Ruth p&tarson, Chico. The p&tersons pravids information regarding a use permit and variduce permit on AP 39 -IC -31i considered "rliar, in th* meeting. n hiis Lugenbsel, roviats information 0, Gerald Lugenb"]-- Jr- Chico' 'Mr AP 34-18-31, request for a uss 96rmit for a studiOlftundr'll Considered earlier in the'ametiug. 0 Assistant CountV Clark, Nicea Llhdqulix 634-413361 'Aalstant Clark, Board olSupervisote, Cathy Pitts B3&437 I Assistant Hoicarder, Gwen Fariand 634-4691 June 16, 1982 t40141 coull L A N D 0 r N A T ',' PZ -�� I. W tz ELFRA41,110R M. DECKER COUNTY CLERK -- RECOFIDEF1 ADMINMTRATION BUILDING - 25 COUNTY CENTER DRIVE OROVILLE. CALIFORNIA 95965-3375 'Vaphahet 53,14551 Gerald tugenbeel, Jr. Rt. 3, Box 130F Chicoj Ca. 9SD26 Re: Use Permit and Variance Dear 11r. Ltigdnbecl! At the regular meetin- of the Butte County Board of Supervisors held June 15, 1982, the public hearing was continued to Jute 22, 1982 at 10:00 aimi to consider f4r. Paterson's appeal of your use permit And Variance fot construction and operation of a metal castitg foundry, on t! -Lo northeast corner of P.lk Avenue and Pierce Avenue, id,entifie�' -�s AP 39-18-31, approximately 3 miles south - West of Chico. The meeting will be held 'in the Board of Supervisors ROOMO County Adhillistration Center, 25 County Center Drive, Droville, California. Should you have Any questions regarding this mattbr, please con- tact this office -4, ELEANOR M. B�CKFR County Cldtk611oc6tdet and tx-bfficilio Clerk of the tutte County Board of, Supervisors , EMB ar cc 0- Archie And Ruth Paterson R,t, 30 tox 130ji, Chico 1W PUBLIC HEAMG- GERALD LUGENBEEL PROPOSED NEGATIVE DECLARATION AND APPEAL OF APPROVED USi PERMIT TO ALLOW HOME OCCUPATION WHICH MAY BE OBJECTIONABLE BY REASON OF NOISE, AND A VARIANCE TO THE SIDEYARD SETBACK TO ALLOW A STUDIO THREE FEE FROM PROPERTY LINE AND A TOOL SHED AT PROPERTY LINE, ON PROPERTY ZONED "A-10" (AGRICULTMLA! - 10 ACRE PARCELS) j LOCATED ON 7HE NORTHEAST CORNER OF ELK AVENUE AND PIERCE AVENUE, APPROX. THREE MILES SOU1%WEST OF CHICO The public hearing on Gerald Lugenbeel proposed negative declaration and appeal by Archie and Ruther Paterson of an apptoVed use permit Lo allow a home occupation which may be objectionable by reason of noise, and a variance to the sideyArd setback to allow a studio three feet from the property line and a tool shed at the property linej on property zoned "A-1011 (agricultural - 10 acre parcels,, located on the'northeasl corner of Elk Av -nue and Pierce Avenue, approximately three mill -outhwest of Chico was held as continued. Htarihg open to the public. Appearing: 1. Gerald Lugenbeel. Mr. LugOnhael spoke in favor of the use permit and variance. He has complied with the county. requirements., t4a w" present to defend property tights. 2. Kathy, Shifferly, chairperson for Omhi Arts. Ms. Shifferly described the art f6undery being used by Mr. Lugenbeel. It is the size of something a person would use to do "oodworkin- and a Kirby vacuum cleaner ,is used to heat the metal for pouring. Because of the othet buildings in the neighborhood that close to the fence line, Mri tugahbeel felt there was nothing wrong with building in the location where he builti The first reading on the ndist was 85 decibelsi That amount ofaoise is equal to a lawamourer. the last reading was 62 decibelsi The decibels for & Voice is about 72 decibels. She submitted letters from people thanking Mr. Lu.genbeel for hs work and contribution to the art community. She introduced the People who were present on, Mr4 Legenbeel4s behalfi I. Vince Edwina, Mr. Edvins did not feel that the neighbors underdtood ali the fact84 The contractor Mr* Lugenbeel hired was a relative of Mr. And Mrs. Patersoni the tool shed l6dation wde discussed with the ii��ighbovs and the neighbors said they would rather have the shedi He wondered 'why the masonry w,allltrac never mentioned. They had put up a seven -foot high packy cedar walli 4i Jeff Lindsay. Mr. Lindsay stated he had first-hand experience at the fbundryi This is 4 free learning sitqationi The longest the furnace is ov. is ttio hdq��t. All the people speaking on Mri tagthbeelld behAlf have first handknowledge of what happens at the site. 5. Robin Masjhur. Ms- M"Yhut Stated there tias an eight -foot bitch will betoeen the furnace and the h4ighbok'd ptopettyj SUMV1809' MOT98 Athe 22o 1992 6. Stan Fortier. Mr. Fortier presented pictures showing equipment for farming that �as made in the 1920s. He explained how he, had been unable to have some of the, pieces made for his equipment until he discovered Mr. Lugenbeel could do the work for him. He did the work with Mr4 Lugenbeel watching him. He is an orchardist and was aware that in agricultural areas, there are noises that disturb him. They have to work together. 7. Margaret Browni Msi Brown spoke in favor of the use permit land variance. $. Ann Fisher, Fisher Art Gallery. Ms. Fisher could hot comment on the noise level. She has been At Xr. Lugenbeel's property many times and the noise does not seem to be anything exceptional. This is a unique educational experience.and is of benefit to the comuranity. 9i Nail 'McCabe, repreeenting Mr., and M,rsi.Paterson. Mr. McCabe responded to comments that had been made during the hearing. The Vatersonis property rights have been infringed up=4 The statement was made that all county requirements had been met but people weve surprised When there was discussion of the masonry wall, There was reference made to the fact that the furnace uses part of a Kirby vacuum cleaner. That is hot what makes the noise. it is the roar of the burning process. The Paterkons would deny that their son—in—law or his workers made any statement about placement of the buildingsi Mri"Lugehbeel was asked if he had obtained permits and the Patetsbns were told that permits had been obtained from the county. The permit applications were tardyi Since the last Board meetings there have been two additional firings. This raises considerable concern as to what type of compliance of the conditions Will be done if this is allowed* These firings were on June 16t 1982 at 6i4o to 7:jO p.m. and 1!40 to 8:50 p.m. Conditions were imposed to make th; operation safe. �Aftdt testings by the county, the tesul.ts indicate the standards exceed those in the dountT reqitireu�nts. there is no -mention of a nev device to hold this to the acceptable decibels. I They wers not here to argub against art. The fact there ate so many people involved " a concern since this is an application under thd home occupation provision* Do- referred to page 14 of tba zohing ordinance book and set out the definition of home occupatidu which makes it subject to miambers of the family residiiig on the premises. His Iddsitionwas that the Board cotild not grant a use permit for home occupation Under the testimony thathad. been given, SITPERVI90i MOSELET ABSENT AT THIS' MM Mr. McCabe Edit that this 'would bd an eh4forc6ment ptobldm and dskda that the Board donly the agplication. tf the Board detdzt�ined thIA was a homd occupation and granted the w4e permit, they wuld still have to consider the Vkridndd and therO ate findings that haika to be made. This does not cotiply with the findingn under the variance Applications. 0 S PER ISO -2 ARD 0 Its WNuhs johib 0 10. Beth Stilton, Mr. and Mrs. Paterson's daughter. Ms. Stilson spoke regarding the extreme noist from the firings when she has been in her parents patio. They have to move inside in order to carry on a conversation. Her parents have had to curtail,their hobby of gardening becauBe of the extreme noise. 11. Kathy Shifferly. Ms. Shifferly advised that Mro Lugenbeel was granted a permit. He did not receive anything,with contingencies* He was not trying.to defy anyone. The people who are using the facilities are not being paid to work there. There are probably two or three people during the day and sometimes there is a larger group of people. 12. Neil McCabe*. Mr. McCabe spoke regarding the fact that the definition' of home occupation speaks to employment and work. The fact that people ate not getting paid does not matter. 13. Gerald LUgenbeel. Mr. Lugenbeel stated there were two lists of mitigations and ona was complied with. Several days ago Supervisor Dolan camo to his houseand had another set of mitigations. He did not know about the ma onry wall. As far as ceasing and desistingj the newspaper can tell him to do so all they want but that will have no effect on him. He was not aware of a cease and desist order. He uses propane gas for the firing of the furnace. I Mr. Lugenbeel answered Supervisor Saracenits qtestion about hou difficult it would be to move the furnace. it would 'oe a rather complex operation and would cost about $"3jOOO to move the furnacea There would still be grinding and tapping noises in the building. To move the furnace would not be the solution to the noise level. 14i Pat McClure. Mr. MaCInre spoke regarding the requirements of having family members involved in home occupation. If this is an ' issue then people could not have their neighbors or friends over to help them do anything. There ate nine easement violations On the block of hojsds directly adjoining Mr, LUgenbeel's property. Chairman Wheeler asked that this hearing b.o- continued because of concerns she had regarding ad issue in the Cohasdet area in which the goard dented the use permit and she tnmted to reaearch the matter to see if this were a sitaiiar gi"'UatiM The hearimg Vao'cotitinued to �Une 21, 1482 at 2#13(1 p.m. 01 S. w4i ilj`�' �9 A N I A) Vito Coun L A N n r 7 1,! 1 ELEANOR M. BECKER COUNTY CLERK - RECORDER ADMINISTRATION BUILDINr, . 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3315 Assistant County Clark, NIC64 Lindquist 534-4551 Tolephanle; 534-JS51 Ass4tant Citrk, Bosrj Uf suiJarvilars, Cathy Pitts 534-4371 Assistant AaLotdor. Gwan F4. 534�4691 June 22, 1982 Gerald LUgenboel, Jr. Rt. 3, BOX 130F Chico, CA 98926 RF: Use POrInif and Vari i n,n(,e Dear Mr. Lugenbeen, At the regular meeting Of the Butte.County Board of Supery held June, 22, 1982p the Public hearing was continued isors 1982 at 2:30 pim, to June 29, to consider Mr4 Paterson's appeal. of your use permit and variance for construction and operation Of a metal casting foundry) on the northeast co-rner of Elk Avenue and Pierce Avenue, identified as AP 30-1:8-31, approximately 5 west of Chico4 miles south - Th,,,) m0eHng will be held in the Board Of Supervisorg' Room, County Administt,atlon Center, 25 County Center 'Dr, California. Vc� Otoville, Should You,hAV6 any questions regarding this matter, please Contact th:',s office. Sihtdrcly, tUANOR M. btoKtg county Clerk-Rdtbtdot and Ex-bjf,C,O Clerk of the Butte County Bod-rd of supervisors tNIB I kt CC! Arch -le Mid Autl Pa"te'rson Rt, 3, BOX 1501 J, Chico UBLT,� HEARIEGI M -MD LUGEWIZEL PROPOSED NEGATtVE DECLAUTION AND APPEAL 1103 1 Z AND RUT,, pKrERSON OF APPROVED USE PERMT AND VARUNCE TO MEYARD IY ARC"" SETBA S wlk7� pub"'Ic hearing on Gerald Lugenbeel proposed negative declaration e and Ruther Paterson of approved use permit to allow a and appeal ',�o Arch -q- le by reason of noise, and a variance home occu-patid-i which may be objectionab three feet from the it I ' property line to the sidayard setback to allow a studio ned "A-10 (agricultural mad a tool shed At the property line, on Property zo ton acre parcels), located Ott the northeast corner of Elk Avenue and Pierce . est of cW,,co was held as continued. .kvonue, apVro3dM,'tdl7 three miles sou,,,hw Aearing open to the publici Appearing: Supervisor Dolan stated she had received a telephone call from a former ndighbor of Mt. Lugenbeel who supported the use pezzit and variance, 1. .%tthy schifferly. Ms. sO�ifferly asked if the Board would rence Wtween a use permit fQr home occupation and one expli-In the aiffe opposed to a hobby. There is no money involved. for a bv�r-iness as I I -sti.on was Bettye Blair, planning director, explained that the que whether this 'was a home occupation because of the language that says no employees and no one other than the family. 2. lion Haberman, Chico Craft Guildi �jr. Asberman spoke in favor the bedl is one of the f ew people who prodW'es this PC, Mr. Lugen .rMit, t,,o the comment. There is Very littIG dust Or tyep of work and is an asset . 'Lugenbeel because of the noise involVede Ais discontinued his work with Mr problevis with the neighbors, Across the street from the neighbor is an industdal building for almond hulling. That operation produces more nois-e and dt*t thah Mr. LUgenbdel's operation. 3. Dorothy Collet,. Ms, Collet gtatdd she was a retired school . She wanted to Point ojit that a person ddes not ar Of art's and ctait6o She lives by an almbnk� orchard teach 4ay from noiges d brchardj move to the country to get a S6 from 51.30 aam. to 7-.30 p,mi with removal of th and there is nOi people learn ti6n and 6pr4ying- This is a farming area and 0-8 04its, JyTiga to IJ,16 with the ndised, arson advised that S" moved to this 4. Ruih� Paterson " Mrs i' Patin the flight path, Of jACC3,61"an 'A M. � from 8acramtnt0i Uhp-re they were in the area and figured they area al. noised iij areS.4 five years ago. There were d9tidUltur in th could liye with, thbae nOises and thatwas part 0, h ddl foundry and Their enjOymeat is being violated more and toore by t e me . abe, attorney at the w6tkaro. she read an?. �4i%bmitted a tettar from 14eil 14CC laur. 4 5. Margaret Brown. MA Brown felt it was better to plAce metals in molds than to place people in them. She had been at IIr. Lugenbeel's when the furnace was fired and it was very beautiful. gearing closed to the publIc and confined to the Board. Supp-rvisor Dolan felt that what was before the Board was a use permit with a home.41ccupation because that type of activity was allowed under the home occupation irdinance. The county has alloed auto repair facility north of Chico in the "A-10" zone without a use permit. A cusory review of the area shows there ava- separate accessory buildings within thei setbacks, which would not be granting a apecial privilege to Mr. Lugenbeel. The noise in this type of activity is similar to the noises of agriculture. The first noi-,','� *rmading were over 85 decibbls and now are within 62 to 70 decibels. She was working with residents in another are to bring the noise level down to 64 to 70 decibels and the people have nearly stopped complaining. it was moved by Supervisor Dolan, seconded by Supervisor Fulton that the requirements of CEQA have been meti and they have reviews all of those they wore suppose to, and moved the adoption of a conditional negative declaration with those mitigations that are in the information before the Board, making the findings under the Code Section 24-49 regarding the variance that there are special circumstances i,. regard to the location &nd suft.oundingt add that the strict application of tkis chapter deprives the property of privileges enjoyed by other propevties, the record sho-Ang that tht=re are other buildings w-ithin the setback, and, thereforej approve the variance to allow those structures within the sideYatd setback in this zone; to makd the findings that use of property for the horia occupation as described will not impair the integrity or character of the zone nor be injurious to the sut- rounding properties or detrimental tri the health, welfare of people residing or working in the neighborhood because it is so similar to what occurs in othetareas and approve the use permit for the home occupation with the conditions forwarded to the Board by the Planning Commission vith the exception of the dight -foot solid masonry wall as set forth below: 0 L Outsidehoise levels s , hall hot ekdedd 60 dB (Ldn) on adjacent residential ptbperties� hot eXceed indoor levels (Lah) of 45 dB ot,� those same parcels i 24 Use and store All fuels, voiding equipment and flammable materials in accordance with the 10110wing Butte, County Fire Department tea6mmendations and standards: A. Provide 1016 ABC fire ektingUishdr to be readily accessible in studioo t, Cas And otygen cyclinders to be stored safely and chained to prevent falling over. C. Studio to be ma-Intaihea clean And ftee of ilammAbld material. 3. Store all tdkic or 'hazardous chemicals under !6dk and key when hot in ubt, WAb OF �90411 8 21 Sim Collect, store #Ad sipose of all wastil mat """Or approved by Butte Count er:talg, liquid or solid, In & y Environj�g4t&l liealth, Department and Butte' COUAty Public,Worka,Department and State gegional Water QualityControi Board. Deleted 6. All cOudAtions impog2d BY the Boa -.id Of Supervisors must be Prior to th* use of the facilitv. (Secticu 94-44). cOm-olidd with 7. SAPPlicant nmt dloo conTly with all other applicable State tatdte*, ordinances, and regulations. and local Discussion of whetl�,er anything could be level down held at this time. ed to keep the noise Pon Haberman and Gerald Lugebeel felt that Kaowool could be used for th&t.PurPose by lining the furnace muffle the nolse. 'with the materiali Thim could SOtiOn aslanded to show condition 5 to re 5- 11TAterial. will be added ad as follows: to line the, furnace with Kaovool. vote on Motion: AYES: Supervisors Dolan, FultOI7-. Moseley, Sardceni and Wheeler Chairman NOES�- None Motlon carried. RECFS8! J:09 p RECWME! 3.42; p6mo MAUD Juhit got 4; P4*\ -40 lAt,." OF ELEAKOH M. BECkER CoUNTYcLERK- FIECOADEA ADMINISTRATION 13UILDINC - 25 COUNTY CENTER DRIVE OROVILL.E, CALIFORNIA 95965-337.7 Teleplionet 534-4551 Assistant County djatk. Nicea Lindquist 5344551 Assistant Clatk. Ro3fd of S�ivarvlsors� Cathy Pitts 534-4311 Assistant Recoeder, O.Wan Farland June 30, 1982 Gerald Lugenbeelo Jr. Rt. 3, Box 130F Chico, Ca. DS916 Re: Use Permit 4 Variance AP 39-18-31 Dear Mr. Lugenbeeli Jr.: At the regular meeting of the Butte County Board Of Supervisors held -June 29, 1982, the Board approved a use permit to allow a hume occupation which may be objectionable by reason of noise, And a variance to the side yard setback to allow a studio throe feel; from the property line and a tool shed at the property line, on 1�roperty zoned 11A�1011 (Agricultutal � 10 acre parcels) located on the northeas-z" corner, of Elk.Avende And Pierce Avenue, approxi- malcely.three miles southwest of Chico, subject to the following Londitions . 1. outsidd noise IeVels shall hot exceed 6OdD (Ldn)- on 'adjace7it residential ptopettiet, nor exceed indoor leveli; (Ldn) of: 45 dB on those same parcels., Use and store All fuels welding equipment and flOmmab I It mat - trials in accotdanc�t wit the following Butte County Fire Departiaent recommendations and staAaatdt., A. OtdVilae- 2616 ABC fire extinguisher to to readily accessAbib in sttidlloi, B, Gas and oxygen cyclinaets to be stored safely and chained to pzcvent falling oVori Co Studio to bo maintained ddan 'and free of flammable mater- ial Store iall toxic or hdtdtddUs chemicals under lock and key when Wat in use4 I Gerald Lugon( I Page -2- June 30, 1982 4. Collectj store and dispose of all waste materials, liquid or 3. solid, in a manner approved by Butte County Environmental Health Department and Butte County Public Works Department and State Regional Water Quality Control Board. S. Material will be added to line the furnace lwith Kaowool. 6. All conditions imposed by, the Board of Supervisors must be complied with prior to th'e use of the facility (Section 24-44). 7. Applicant must also comply with ail other applicable State and ldcal statut-so ordinances, and regulations. Note that condition 6 imposed by the Board of Supervisors requires that all conditions be completed.b6fore operatiOno YOU should contact the Public Works, Building Division to obtain all necessary building/development permits, Your use permit will be 'ssued after the date Of the official approvali of the minutes of the Board of Supervisors for June 29, 1982i Should you have any quvrstinns regarding this matter, Please con -tact this offitei Sincerely, tUANOR M. BtCKEA County Clerk -Recorder and Ex -officio Clerk of the Butte County Board of Supervisors r cci. Archie and Ruth Pateirtort Ati 30 BOX 130JO Chico butte coun �y 1AWD Ot ELEANOR M. 13ECKER COUNTY CLERK — RECORDER ADMINISTRATION BUILDING - 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3375 Takpl,onei $34-4551 Anistant County Clark. Nlco;s Lindquist 534 4s5i Militant Clark, Board 0 1 SUPON140ra, Cathy Pitts 534-4311 AsSilinnt Fladorder, Gwon Forland 534AG91 June 30i 1982 ,Gerald Lugenbeel, Jri Rt. 3 Box 130F Chico: Ca. 95026 Re! Use Permit & Variance AP 39-18-31 Dear Mr. Lugenbeel, Jr.: At the regular meeti I ng of the Butte County Board of Supervisors held June 2.9, 1982, the Board approved a use permit to allow a home occupation which may be objectionable by t6dson of ndisei and a variance to the side yard setback to allow a studio three feet from the property line And A tool shed at the property line, on property zoned OIA-1011 (Agricultural - 10 Acre patcels) located on the northeast cornet of Elk Avenue and Pierce Avenue, approxi- mately three miles southwest of Chicoo subject to the following conditions: 1. Outside hoise levels shall not exceed 60dB (Lan) on adjacent residential properties., nor exceed indoor levels (Ldn) of 4S a on those same parcels., 2i Use And store all ftelso welding equipment and flammable viat- ttialt in Accordance with the following Butte CotMty Vird Dep4rtment recommendations and standatdsi A, Provide 2016 ABC fire eXtinguisher to be readily accessible in ttudi64 til 'Gas and Okygen 'cyclinders to be stored safely and chained to prevent falling over. 106 Studio to be maintained clean and free of flAmmable mattr- iall 36 1 StbVe Ali toxic or hazardous chemicals under lock and key when not In Us64 44N Gerald Lugen'O"�l Page -2- June 30, 1982 4. Collect, store and dispose of all waste materials, liquid or solidi in a manner approved by Butte County Environmental Health Department and Butte County Public Works Department and State Regional Water Quality Control Board. S. Material will be added to line the furnace with Kadwool. 6i All conditions imposed by t1ite Board of Supervisors must bd complied with prior to the use of the facility (Section 24-44)i 7. Applicant must also comply with ali other Applicable State and local statutes, crdinancesi and regulations. ' Note that condition 6 imposed by the Board of Supervisors requires that all conditions be completed before operation. You should contact the Public Works, Building Division to obtain all necessary building/development permits. Your use permit will be issued after the date of the official approval of the minutes of the Board of Supervisors for June 29, 1982. Should you have any questions regarding this matter, please contact this office. Sincerelyt ELEANORM. BECKER County Clekk-Retbrder And Ex -officio Clerk of the Butte County Board of Supervisors VMD - 1 r cei. Archib and Ruth Paterson Rt. 3j Box l30Jj Chico APPUNDIX 11 NOTTCH OF Dr.n.mINATTON I L E TO Secretary (,or Resource,-, F D 1416 Ninth Street, Room 1311 Sacramento) CA 95814 JUL 2 '1982 County Clerk, County of BLItte 28 County Center Drive ELEANC-R M. BECKER, Coun� Clerk Orovillej CA 55965 ev -- X JACINTH_Depu� FROM: Planning Department 7 County Center Drive (Filed) oroville, CA 95965 SJBJECT: Filing of Notice of Determination in Compliance With Section 21108 or 21152 of the Public Re�pj_yp�, C fid e Project Title Us e Permit Variance AP 39-18- 31 Gerald TA, nhnnl - Tr_ State Clearinghouse Number (If submitted to State Clearinghouse) Contact Person Telep one Number B. A. Xircher, Planninjg_�ITectot (016)� 534-4601 Project Location On the northeast corner of the intersection of Flk Avenue ana PL�,!�O_ad,_ap_p��Du'r M1105 sn"th of Chicn, Project Description,. Proposing to utilize a portion of i62 acres of land, as a studio -site foundry for manufacturing Art objectsi This is to advise that the Butte County Board of, Supervisors (Lead—AgOncy) has made the following determinations -regarding the above-describod project,. 1. The project will I have a significant effect on the environment. will no t 2. An lInvironmetital Impact Report Was Prepared for this project pursuant to the prov! sioA8 0 f CtQA) and Was certified as requited by Section V�088(9), 14 California Admj.h!8trativd Code, LgA Negat've Declaration wa� prepared for this project pursuant to the provisiotis of CtQA, A copy of the Negative Declaration may be examined at the Planning Ddpartmont� 1 County Center Drive, Orovilld, CA 95965,' 54 E, A Notice of Exemption was filed indicating this project reviewi exempt from environmontdl 4. A statement of ovdTvidihg tons i deratlbri [:] was, n was noti adopted for this project. 81 Mitigatloh measures Adopted by the Lead Agency to redUco the impacts of the approved projoctato: goo attachdd I J �' '/ ) Q CG A IrA L U 1.4 1 V 5113 Stdohon A. Sttootdv Ap 39 -is -3i Mitigations/Conditions li Outside noise levels shall not exceed 60 dB (Ldn) on adjacent residential properties, nor exceed indoor levels (Ldn) of 45 dB on those same parcelsi 2. Use and store all fuels, welding equipment and flammable materials in accordance with the following Butte County Fire Department recommendations and standards: A. Provide 2016ABC fire extinguisher to be readily accessible in studio. B. Gas and oxygen cyclinders to be stored safely and chained to prevent falling over. Co Studio to be maintained clean and free of flammable material, 3. Store all toxic or hazardous chemicals under lock and key when not in Usei 4. Collect, store and dispose of all waste lgilaterials� liquid or solid in a manner a-,-)prove'd by Butte County Environmental Healt'l, Department and Butte County Public Works Department and State Regional. Water Quality,Control Board. 5. Material will be added to line the furnace with Kaowooli 6, All conditions imposed by the Board of Supervisors must be complied with prior to the use of the facility (Section 24-44), 7i Applicant must al,�o comply with 'all other applicable State and local statutetj ordinancc8i and regulations. a Rt. 3 Box 130 J Chico, Ca, 95926 July 13� 1982 Butte Goun�y Biard of Supervisors 25 County Center Drivil Orovillep Calif. 95965 RES 'Use permit & VAtiance AP 39-18-31 fe received a copy of the County Clerk1s letter of June 30, 1982 to We Lugenbeel �%dvising him that the Board of Supervisors had approved a use permit, to allo* a h6IM@ odatipation which W. be objectionable by reason of noise� . and a variance to the side yard setback to allOW a studio (a metal foundryy three feet fror, the property line and a too 1 1 shed at the proPerty line on property zoned "A-10" located on the northeast corher of ElIk Avenue dhd Kelde Avenuej subject to seven conditions which you clearly listed. ,�he first and sixth of these tire the cause for thi's letter to be vmibtdn.4 li outside naive levels shall hot exceed 60 dB (Ldn) on adjUcent rosideatial properties, nor exceed indoor levels (TAU) of 45 dS_ on those same parcels. (We understand this to mean our yard and porch?) 6. All onditions imposed b,,- the Board of Supervisors tnust be cotplir-.4 with prior to tho use of the facility (section 24-A4)* . Note that condition 6 jtVosed by the Board of Skiperv-lsora rcqttiras that all donditiohs be completW before OP6tdtidn 6 1 i 6 i 4 - 4 6 7ras M t1se permit issued after the date of the offir ,jai approv,41 of the minutes of the Board of 8uodtvit6ra for itite gq$ 1982, as StatedL in yob!r lattert and ere) tho noise 'were the conditions checked by your peo�ie? To our knowledg level has not been checked in our �ard nor LI our orchp, yet tht ft�rnace ran on Thurs,. 7/8t from 31.45 - W5 I hour 40 Miao3j on Friday 7/9, about 1 hri �O min., on Sat. 7/10 froftl M45 " 12.i45 L205 -- 200 (abot�t 3 hotirs d1led to rae from behind the 5 min.),, Before this 3AA firingt a male voice d The fence armouncing thatt "rLOW, Ruthl ytjilll really hear Ohs h turnadb na6 then rtm boddOm'-Mied by hazameringi drilling and Many- lnl,ul V016,�s- PV hten8d toak with i3oma high The furnace hoied has boome deeper and of a mote i pitc)266 Te feel th,.Lt Ur. tuganbeelid actLvities are. an extrume encroaahmenb on our property rights, atd apparently still in violation of county directives. We also feel that you hAve investigatad and listened to only one side of this situation. Dr. Bennett is the only tember or the Planning Comumdasion irvisors who came into our y:Lrd and home to talk with or of the Board of Sure us abolit the situation we arein. Even without being able to hear the noise at an tL-imonitored ti,,.,jp he votud against this use permit and variance being granted. May we hear from you on this? Sincerely, I A -U A RU Paton'ton Archie Paterson cc: tIrs. Kirtchet, (pei, her request) County Planning Department 3 County Center -Dr. Oroville, Ga. 9,9965 0 dL Rt. 3 Box 130 J UU110 Co. Plannitiq 4�omln. Chico� Ca. 95926 July 13, 1982 11J, Ila 1198a Butte County Board of Supervisors 25 County Center Drive Oroville, Calif.. 95965 REs Use Parmit & Variance M' 39-18"31 le receivod�a copy of the County Clerkta letter of June 30o 1982 to Mr, Luganbeel advising him that the Board of Supervisors had approved a use permit to allow a home occupation which may be objectiohable by reason of hoisep and a variance to the side yard setback to allow a studio (a metal foundry) three feat trom the property line and a tool shed at the property line on property zoned OA -100 located on the northeast corner of Elk Avenue and Pieutee Avenue) subject to seven conditions Which you clearly listed. The first and sixth of these are the cause for this letter to be written: I. Outside noise levels shall hot exceed 60 dB (Ldn) on adjacent residential propertieso no r exceed indoor levels (Ldn) of 1�5 dB on those same pardals4 (We understand thid to'mean our yard slid porch?) 6,� All conditions impooed by the Poard of Supervisors must be complied with prior to the u§d of the facility (Section 24-")bl t�ots that condition 6 imposed by the Board of Supervisors requires that &11 c6nditiohn L�e completed before operation, .6.� ... o-,ui 'Nan a u8o permit issued after the date of the ofrioi#Ll approvA of the mihutom v2'the Board of S�iperirisors tot Juno 2% 3.982� as stated in your ldtterj and wore the cotditioht chocked by your pooge? To our knoiledge) the notso level h&s ho� been chocked in our d nor in our oroh) yet the filraidis ran on Thurs. 7/80 from 31:45 - 1,2, TaIr, h,,-.. 40 min3j on Friday 7/9) about I ht. 30 min., & on 8ati 1/10 from 10146 - 1290 & 12355 - 2-L10 (about ) hours min.). Before this last fitihgp a Maid voice talled t; mi from behind the f6noa announcing thati Onb*3, Ruth) youtll rea.21y heat g�otne noi'a6fi. The fumat N&O then run accompanied by hammeringi d�rilling and many loud voideni The furnaca 461s6 has bdd,Md deeper and ok k m6i,o intense roar with some high Pitched *Idhihg. .0- 2 Wa� real that Mr. Lugenbeelts activities ara� an ewtrame encroachment on our property rightsi and apparently still in violation of county diraot,'j,vas. We aloo-feal that you have investigated lind listened to only one side of this situation. Dr4 Benne'A in the ofily member of the Planning Commission or of the Board of 8upervisors who came into our yard and I home to talk with us about the situation we are in. Byen without being able to hear the noise at an unmonitored time, he voted against this use permit and variance being granted, 'Jay we hear from you on this? .Sinaerdly, t u u Paterson Archie Paterson cu: Vws.,Kirtchar (per her request) County Plwning Department 3 County Center -Dr. Ordvillao Ca. 9596s APPENDIX G NEGATIVE DECLARAT[ON.1113GARDING ENVIRoNmENTAL TMPACT 1 NOTICE IS HEREBY GIVEN that the project described below has beon reviewed pursuant to the provisions of tile Callfnrnia Environmental Quality Act of 1970 (Publ,ic Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Log It 81-09-01-01 AP 39-1.8-31 2. DESCRIPTION OF PP,o.jsCT: Use Permit and Variance - proposing to Utilize a portion of .62 acres of land) ai� a studio -size foundry for manufacturing art objects. 3. LOCATION OF PROJEC'kt On the northeast cbrner of tile intersection of Elk Avenue and Pierce Road, approXimately four milos south of Chico. 4. WE AND ADDRESS OF PROJECT APPLICANT: Gerald Lugenbeel, Jr. Rt. 3, Box 13OF Chico, CA 95926 5, MITIGATTON MEASURES: See attached 6. A copy of tile initial study regarding the environmoiltal effoct of this DTOj,ect is attached. This study v;as: Ei Adopto(I as pre8entedi Adopted with changesi Specific modifications and 0 supporting reason8 are attached, 7. A public hearing on this Negative Declaration was held by the . I decision ffiaRing body. Hearing Body Butte County Board of Supervisors Date of Determination Juile 29,. 1982 Determination: On the basis of the initial study of, environmental impact, the information pre.qented at hearingsi comments received on the proposal and our own knowledge and independent reseaxcht, We find the pfbpbsed project COULD NOT have a significant effect on thv dhviroftmont, and a MAIM DECLARATION is hereby adoptod, 146 find that the pl-ojoct COULD have a significant effect oft the btivironn.oht but will not in this case bticause of attached mitigation measures doscribed in item 8 above which are by this veforenco made eonditionq of project apprbval, A conditional, NEGAMtrl, DVLARATION is hereby adopted. .— L- /1 '00 -.14 Witta whboler, Chatri"ao Butte County Board or gqpqyi8ots Title JUL 9 9 AP 59-18-31 Mi ti gat ions,,! Condi t ions 1. outside noise levels shall not exceod 60 d11 CL,I.,,) on adjacent residential properties, not exceed indoor levels (Ldn) of 4S dB on those same parcels. 2. 'Use and store all fuels, Welding equipment and flammable materials in accordance With the following �utte County Five Department recommendations and standards: A, Provide 2016 ABC fire extinguisher to be readily accessible in studio, B. Gas and oxygen cyclinders to be stored safely and chained to prevent falling over. C. 'Studio to be maintained clean and free of- flammable ntdterial4 3. Store all toxic or hazardous chemicals under lock and key when not in use, 4i Collect., store and dispose of all wastd matej�ials,,li�qliid or solid, in a manner approved by Butte Co u�,ty En,%rironmdnta*, ' u Public Works DepLrtment Health Department and Butte Co nty I and State Reglonal Water Ouality Control Board, 5i Material will be added to line the furnace with K=Woole 6. All conditions imposed by the Board of 8upe.rvisors must be complied With prior to the use of the facility (Section 24-44). 74 Applicant must A150 comply with all other applicable State and local statutes) brdinancesi 9nd regulations. X IN Inter -Depart' aniorandum 04. ,rot Betty Xivoher, Planning D artment Director �Aomt It.tT. Snyderj Binvironme Realth, Vince Anzalone, Zoning Investigator sunjtm Use Permit-Gerlad Lugonbeel.) Tr. - AP// 39-18-31 � N/H Corner Elk Avenue and Pierce Avenue, Chico CAi DAM ,Tuly 23, 198P On this date Mr. Anzalone and I made a sound survey at the above listed address following a phone call from 111r. and Mrs. Pattersonj neighbors, indicating that Mri. ' Lugenbeel was operating his metal smelting furnace, A Quest SoLindmoter, Model 211 A -FS was used6 The instrument was calibrated before and after the test, and was found to be recording accurately. Measurements were made at the rear of I Mr Lugenbeello furnace building, approximately three feet (3 ) irom the rear wall and four feet (41) from the zouth corner of the buildingi. Air temperature go degrees VtLhrbnhoit. Hot -Clear -No Wind. Thirty measurements were taken at one.minute intervals and the following sound levels were observed during smelting oper,?.tions- LEVEL NO, OF REAI)�Nqs Pt,RCENTAGE 61 dtA P 6.7 % 62 dBA 20 66.7 % fj� dtA 6 20.0 V0 66 dB4 I % 69 dBA 1 3.3 % Measurements at 651 66 and 69 01A were observed during operation of a torch and hammerihS operationsi Those measurements indaitato that Mr. LuEenbeel'A caotitS operation continues to exceed 60 dBA at the property 3ine between his and Mr. Patterson's propertY4 The Patterson's indicated the smelting operation started at 11,00 aian. and would probably continue until IiOO p.m. Ao lilso has been operating the smeltor during the woektonds. At the present time Mr, Lugenboal appoais to be in violation of the conditions of his �r�jo I�ormiti We h�,��e not observed any modixicatione to attenuate tho ftoiio levels. IIJS/lda Attachments ttsc' (Kul kup4661- It. -Use It-tuilt- Ar* 3f- IT -31: A- CatiAen rr IK Ave. A.- heAce Ave C4 #Ito, C Ell 1214 C1112MICATIONS T o tig rmA Archie & Ruth Paterson, kmldo. Tho Vatetsons ',writs'pr *4 1 in o t on on a use pamit for Mri Lugenbeel, AP 39-18-31, allowing a studio foundry. Referred to Zoning Investigator* Inter-Depadmenful Memorandum Administration - County Counso), - Board of SupervisOT5 Tot Planning %rector r - PlanninF, Department FROM: Vince Anzalone, Zoning Investigato SUBJECTt Lugenbeel - AP 39-18-31 Use permit and Variance bATF1 August 10, 1982 Assjt�� Chico, CA 959260 Archie and Ruth Patersono Rt. 1, 13OX 130 "1 Letter of JulY 13P 1982. 1nVS1.t.i,qEL1:.2-11 June 1982 -ker, Butte County Clerk-Recordet to ,leanor IkeC Lettet from E CA 95926 in regard 3 Box 130 rl, Chico$ Gerivi'd Lugenbeel, Rt, .01 s P 1 vjith 7 conditions - to notificati,on of appr val of U e erm-t jjjfotmation and instrUctiOnt it also contains I isors Iditibn 6 imposed bY the Board of Superir Wot�. that co, itions be complete(-' b0 -fore Operation. 'recluitog that All dond Division to Public Works Building you should contact the .9 ing/devtlopmeftt Permits. obtain all necessary build' official Your Use permit 14ill be issued after the date of the approVal of the Minutes of the Board of 8upoTvisors for June 290 1982. june .6- 1982 nessed that the facilities 146rc 4111 us e Vjsi,�,ed Parcel and Wit July 19 1082 om iwth and Archie Paterson to of letter t0c0ived fT copy CO ulity Board of Su) ervigors in reference to requetti Butto as a Use Permit issued After date of Ahg1jot to qudstioh� the Board of Supervisors the offIcial approval of the Minutes Of lie I tated in your letteirp And Were t fbi June 29 1982 as � iour peopl,-,ji, it stated fartlidt that 3Uly 9 1982 conditions chdcke Y 1981i ties weto Ili operation on Ju1Y 8i the fdcili- and July l0j 23 1982 .7,U .� Butte Collilty tnviTohmental visited patcdl witl! 11- j. Sayde'r oroville And �ohducted a sound surveYs "delved Healtho . r6 used on jUl� 150 19'82* JUlY ,tnfo,tmation thst facilities We' 160 10820 July 1,1t 1982 and JU1Y 20* 19824 ' Aemb - Lugenbedl - AP 39-18-31 "AugUst 10, 1982 Page 2 JulX 27, 1582 Sound survey.report received from It. Snyder (attach'601) August 4�. 1982 Inspection of Butte County Public Works Building Departmqnt files indicates that a building permit has not been issued to Mr6 Lugenbeel, August 4, 1982, Inspection of Butte Coljuty Environmental Ifealth (Chico) files indicates that a septic permit has not been issued to Mr. Lugenboel. August 4, l982 Interviewed Nts, Cathy Pitts, Clerk of the Board of Supervisorso who stated that the minutes of the June 29, 1582 meeting have not to this date been approved,. :Conclusion The use of the facilities without the possession of a valid variance We permit it a tholation of the following section of the Butte County Zoning, Ordinance and the Butte County Code. ij Section 24.15 IOA"1010 (Agricultural) zono� (a) Uses permlitte(I i 'I (3) Accessory building and uses pertinent,to the i icj� permitted uses including agr .1tutal processing plants. (6) 81de and roar yard required: Minimum 51(to mid rear yard thall not be less than t0ft (10) feeti 2i Section 24-).00 Home Occupatioh. (See attached) 3. Violatiof f the Butte County Code pdttaintfig to Building without perm�' 4. Violations of the Butte County Code pertaining to a Septic tank Without peftitgi Vince Antalone Zoning Inve�tigatot VAi6tb "M ' 41 L A 1-1 11 1, I %V' I' A 1 1 11 A I I I h A 0 r V Ll Lrj,lon I.I. OLCIMM COUNrY Cl.t.I'IK 11rcofJoLtj AW N I il R A noti twit iiji4o �s co!1!41y CI7NTI'R 1),IIIVL 04OVILIJ CAI )t ORNIA 95063-3315 Assistiot C09MY Clok, Wow) Lindjulm h14 4661 AW5twit tio.,itcl ()f Ctjtj�y 1,11tt wI4 43 / I lici,owo, o%vdn ro,jr,,jj 04 40,)l Scpt( -T 22� 1982 Gerald bUgenbeel, Jr. Rt. 3, Box 130F Chico, Czq, 05926 Re IJ50 Pt'nult & Variance AP 30-18-31 D(,-�LT Mr. J�Ugajjboaj: are tho orij.11-nal and oiw 0 cop), of Yom. Use Permit No, BZ -0 and Varianco No, 82-10 to al ol.; j )johle -Ltioll j�jjljcjl I , Oectl,)L may be ONOCUO)WI)IO b)e ro(I-twil of noi-cic, and u studio tlirec fect from t4c property lille and a tool $)led nt tho, Property liI10' 01, PropOrty Zoned "A-10" (Agricultural - 10 acre plircols) located oll the )ior1.hL,,jgt corilor of 131L Avenuo alld Pierce Ave- litle) approximutely throo Iftiles Southvost of Chico, YOU'v:jJ). pleaso P.ign both cupies toul rtturn them to us, Ive 100.1 theft 11'al'a them validqtc-d 1)), tho chairnuml of tile Ilutto C01.111ty Board oX Supervisors tho ox'iaimal will be returncti to yOu Xor Your roco-rds, The US(.- pdrmit J.�; cic�wrud gran'tatt j,-Ijon t),1k, perhilt hct�, boon sighc(t by the tupplicallt� with the COWItoll Sipplaturo of tilt! chniv.,kin of the jklard 0�- Supervisors, tWO s4ia Pcr)n'Lt is rcco!VOd by 'tile upp Cant by rugl8torc(I mail , 8110111A You linve nny quvgtiolls ragarding tbi.q matteri pl&Lso Coll- t"'Ict this off-j"co" 8incorcly, ELEANOR M, lll,Cglift COMitY and, nx�ofr,;1cjo Clork of tho iiato coill.)ty �ocjr(j or 8uporvit,ors I ilk I I I " 1. 1. Assistant county Clark, Nicom Lindquist 534,4Ba I Assistant Clwk, Board of Supervisors, Cathy pIttj 534-4311 Assistant Recorder, Owert Firland 534-4091 —Batte Count,,, P ELEANOR M. DECKER cOUNTYCLEHK -RECORDER ADMINISTRATION BUILDING - 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95966-33�5 Talopkanei 5�44551 March 7, 1983 Gerald LUgenbeel, Jr, Rt. 3, Box 130F Chico, Ca. 95926 Re: Use Permit & VariArice AP 39-18-31 Dear Mr. LUgenbeel.b The Originals and one copy Of your Use Peernit No, 82-9 and ,your Variance No, 82-10 Were mailed to YOU on September 92, 1982 to be sianed by YOU and returned to the 'Butte Co�hty Clerk of the goard, Please be advised that you do not have a valid Use per'mit or Variance until the original and copy sent to You have been signed by You and validated by the ChailrnlAh of the Butte County Board of SuperVisorsi Please give this matter your PrOMPt attention. Sincerely, tLWOR M. 8tCkER County Clerk -Recorder and Ex -officio Clerk of the 8Utt6 CbUhtY Board of Supervisors 'EM8 .111- March .22, 1983 95165 PHONE! 534*441)1 CERTIFIED RETURN RECEIPT Gerald Lugenbeel, Jr. Rt. 3, Box 130F. Chico, Cai 95926 Re: Use Permit & Variance AP 39-18-31 Dear Mr. Lugenbeel: Enclose . d is your validated Variance No. 82-10 and Use Permit �jo, 82-9 to allow a home Occupation which may be objection- able by reason, of noise, and a variahce to the sideYard set- back to allow a studio � feet from the property line and a tool shed and storage shed at the property line, located on the northeast corner Of M Avenue and Pierce Avenue, WrOx, 3 miles southwest of Chico, if you should have any questions concerning this matter, please focil free to contact this 'Officei sincerely, 8i A,-KIR.CHtR 0 0 R F LAMING By -e-166-6—d-s` 8ehiow, Planner the c i 0, Butte county Health Dept, Dept. of Public Wor�ks (2) Dept, of Forestry Inter -Departmental Memorandum 'ral Butte County Assessor's Office irkomi gutte County Planning Depariment SubAct: Gerald Lugenboal OATEI March 22, 1983 PursUant to Section 6S86S.S of the Government Code, the following parcel/paximis identified as washmm, Rezone from to zoning district. X Grante'd a vdtidncd to allow StOOCtUVit tO exist within bAc k X Issued A conditional use permit -or h f structupes_to exist within the A-10, song., cc: Ptopetty Ouner M . I Box 130J Chicoo Ca. 95926 April 26, 1,913 13uttn G�unty Boarcl or SunervIonvs A4 mini atra ti -in B10g. 215 C,)unty Center Dr. rirnville, Cu. 95965-3375 He. U;3(! P(-V-.iit and. Vtirianoe LP 39-18-31 2 91983 Please reconsider your g�-AhtioP,, the ab,:ive Asted Use Permit and Variance. Ile fuel that this is Lin appropriate request becauset 1. Pursuant to the provisions of the '7,nnilir, Ordinance of the Coun�.y of Butte� article 1, 'Tailure to comply wiLh the conditions spealfitiel herein as tho basis for application and issuance of Permit, constituten cause for the revocation of said petmit in accovdatice with the procodurc.4 Elet forth in sald Butte County Zoning Enabling Ordinanceoll 0 2i The Lugenbeel pr6porty on the norti-last cor.nor of Blk Ave. and Pierce ILIve. apprnximately threo miles southwest of Chico is lintud for sale in The Entatprine Record by lhgvam Realty. Therefor we assume Mw. LugGnbeal W1.11 bo moving his metal foundry activities away trom nur property litie. via fitat that a ihachine shop, auto rejJair or solao other "home occupstionh by -a 11uw owner W'13 be a c6fttinUing, nuisance, 3. Tlie Special Conditions that you liq� -3 on pagos 1 & 2 of the Use Permit have riot all been met, as We Lugehbeel declared under penalty of perjury whan ho SighOd the permlt and variance. Tho8e not mtt includeb (1) fXtside noisc, levels sliall tiob excouel 60 d8 (Un) on adj4cent residential properties, (out- . s ) riot wt000d indoor levels (ldn) of 1+5 dB nti those same parce1g. 1,To Our knowle6go 'u-hore has bmeh only OhO testing On 'N�,J ItI 01.1V propuvty since June 29, Llaterial will be ar!detl to line futnate witij 1,�aowool, (17c, donit soe any i-ocord of this havin,, bGeh done, 6r verified by the couiity�) (6) All donditioho Impnord by the DoardI of, 6Apervisots mumt be d6mplied with riot to the U96 d tho Pacility, (860 . :9+411-5 The following is a listing of the autivities in the foundry sinde allly 8 1982) ur n t'd that wo hearo r)y, were at home poloj all In Complete disrept-a of Y6 k5 0 cohditiolla �Uly I bl4st xurhado�-i hr, 40 min, JOY a it II e 2 hrs. JWy 10 (Sdt,) blitst ftwmade ) hroi 5 mfii,. �Uly 15 WaX T&hadd 1 h1l, 30 0111, �Tj.jjy IL6 It it f3fort jmrA0jB for 8evbral hours �0 Y 111 (8qt,) 111a8t fut'nue 2 hro, and nevolal W -milt, ju'viods Jul y 19 11100-3 t 110 (Mlillg� maWihL� arid hanmering) JOY 20 111-121./,1 81ant rulohaco & t!)rc�i (IMr, Sn�rdct 01tim Vitw department VILIS hQ110 tUltine, and t,)wnd thob tho conudo novat �vent he)�W 0 ('111.) '7e were nut of town fnr ten days. 'trv. 18 wax furnace ran several hourn -00-12 -.00 19 blast Dirnace 10 Vnv- P3, Feb.3, Feb, 23 and 0141LICO Pan many hours each day. April I blast ful,hace 11, AprJ1 5 wax fumace rah—bLiat fiVivide ran a ver"y long time April 6 blast furnace 10i30-3:00 Therij havo been many nove h,)urs of f1jjnF*,) and drillifig—all ver�.annoying In Our yard)sinae the bare brick waiis anei tile roof act as renecting sounding boards. The !P)TE, P)n bottom of the Pelimit states: 111.&suqjide 6f thiS VdtiUhdO does not WdivO requiJ�Pment of obtaining Bliildiiig and 110alth Dept- polmits before starting COh8trilatiOn, nor does it Wai've tiny othor This soems to us to ltldidlte that all of bis out bti3ldings and P110,bing add-ttlm)is ard gtjj,'- illegal. According to do'Untit peritit rnaorj!jj lie) permits I'mve boo'111 imjuad for thi a pr) )erty since the oriPrinal'perhiltn in 1191�5, IL chocl� with the couni, Sanitation dopt, nwoAln thqt 11) permit was roquotiLad 6,lr iasue,.1 f�)r the inatallati,)n of tye a a 'd't'"41 bePtic Sydtrvtn rerOOPPO -t-) it-, the Voal estate advartisom,011t. 10 underatand 'that this Is Ivory d1f.Mcult Ifni, yr)u t,) have mnhitortcl and enforced) thereeol.) %10 Aead with Y-lu tl protect i)1.11' righta by revoking thid Use POrmit and Vailandd before the tiale or the priperty. Thank -yr)U for y-)ur help In tj,3�s ifiatter. Ruth Patapsih ai Im BeLty ItivChOr) 15bin,11110. Deptj During tht"Ii etc ufttil eat of this dayo July 20� thel'a was 0,)ntinuous filing, hammering 7:45 . July 23 13---00-1:30 blaut rurrince on atiel off, Unen continuous filing, hwamiim and running tho CIMPI'Vatjoil until dark. July P4 (Sat -) blftst ftll-naccl 10-30-12:45 July 27 11jOO--lW5 Must I*w,;)act3 Jul Y 30 Gnrqpr1,4ssnT1 ran all day until dark jW8, - 5 blast fiwnace ran intormittentl-I i lig . 7 (Sat.) 1'1*.4,5--7:45 P. ". Blast 'furnace Aug i 12 "u-1,111fl-0 rumace. burn (blasit) rvp,)rtt-d br neigliba. SOPt. () shtirt 111i, or bljsb furnaco Sept. 7 rivor two hiurs, 0,)nstaAt 10tal j,,rUdJrig Sept,_ 25 300-500 bla ' st 'Ournado ')at. 18 two shor� runs of blast fLU'ndCe--abOUt )tie and a half how,s—riax Ig-.1te, ran also Oct. 20 blqst furnaco tAh,)vjt twn jj%n�,jj wax furnace rant -,)o ()at i 22 t1ax N741ace rar, N1, ilever4l hours '7e were nut of town fnr ten days. 'trv. 18 wax furnace ran several hourn -00-12 -.00 19 blast Dirnace 10 Vnv- P3, Feb.3, Feb, 23 and 0141LICO Pan many hours each day. April I blast ful,hace 11, AprJ1 5 wax fumace rah—bLiat fiVivide ran a ver"y long time April 6 blast furnace 10i30-3:00 Therij havo been many nove h,)urs of f1jjnF*,) and drillifig—all ver�.annoying In Our yard)sinae the bare brick waiis anei tile roof act as renecting sounding boards. The !P)TE, P)n bottom of the Pelimit states: 111.&suqjide 6f thiS VdtiUhdO does not WdivO requiJ�Pment of obtaining Bliildiiig and 110alth Dept- polmits before starting COh8trilatiOn, nor does it Wai've tiny othor This soems to us to ltldidlte that all of bis out bti3ldings and P110,bing add-ttlm)is ard gtjj,'- illegal. According to do'Untit peritit rnaorj!jj lie) permits I'mve boo'111 imjuad for thi a pr) )erty since the oriPrinal'perhiltn in 1191�5, IL chocl� with the couni, Sanitation dopt, nwoAln thqt 11) permit was roquotiLad 6,lr iasue,.1 f�)r the inatallati,)n of tye a a 'd't'"41 bePtic Sydtrvtn rerOOPPO -t-) it-, the Voal estate advartisom,011t. 10 underatand 'that this Is Ivory d1f.Mcult Ifni, yr)u t,) have mnhitortcl and enforced) thereeol.) %10 Aead with Y-lu tl protect i)1.11' righta by revoking thid Use POrmit and Vailandd before the tiale or the priperty. Thank -yr)U for y-)ur help In tj,3�s ifiatter. Ruth Patapsih ai Im BeLty ItivChOr) 15bin,11110. Deptj Archie and Ituth Paterson# Chico provide information on Use permit and 'variance# AP 39-18-31, and taquest reconsideration of the granting of that Use permit. (PZFERRM TO SUPERVISOR DOLAN) Buffs Co. Mming Cmm SEP 1 1983 cmW119, CaMOM4 Rt. � Box 130 J 11 Chico, Ga. 1059,16 4ugust 311 983 Btitte ",iunty, D)ard )t Supervisors Admininbratinn DIdg. 25 On'Anty, Center Dr. "?,nvIlIr., On. 95965-3375 Re! Use Pcrthit and Varianc(, 0 39-19�-�l Please rofer ti) niv lruttOr to yAIJatvd Apiil 26, 1983. (Coplos nr thir, letter have recpntl- boor �§oht tn Vveral imlghbnrs� anonymmjly.) ,e have had no resptinse from this labluell, btit ti�jw tim i-muld aLik Ent.- an explanaly1iti oro. '&. ttigenbccil'3 lt�chig able to a-,)AInue hid operation -,Iltll apparent irpunity. P. The obvious apPrnval and, support of 'Mr. 1 "ugehbeells neivest )ro- ject---:tII0 sltatue Wng advertioed for ow! city libl'ary grounda. Is ai-y 6f our ta�r. Money beltiq uaod for this pt-,)jf)ct t1ijit lie 1143 Illegally Crafted in defiance or c,)nditlmis sat Xorth on the PePm.13 Vou gratibod him? in viqv of cu�-rent budgetm�y pro� bldms) we siricaroly hm,-)o h,�)t. 17e have loGged ovor 40 11nu"n total -'�" Wit fat'llaco rLuming gfilco ;qvil 6th plus Mativ hoUllu nf Unpleasant filing, ,�Ililidihg and jy.)unding plus the wax m -13111g, hrrinco opert',lon, all done"'any U,�o of day or evoningo atiy day Of the week. Since *or, Lugrenboel spend to be planning t,) leavo t1jo 4xj�(aj arld tm are planning td spend the rest of our lives'liore, Ath otw ramilyo wo W)Uld age -in plead withi y,�u to be sui4e thA this hilisande it nob AllOWed to cintinUe next door to us, MlaY We have a lettel- of explanation from youl yt 0 6 to W�ty KIA-cher) Manhing Dopb, and suti'd C,�Unfi!?, Planning O"unionlent 44 Archie and Ruth Paterson# Chico - write concerning the ude - - J)ekmit bt ' nd variance on AP 39-18-31 .- Lugenbeel pro,perty, (REFEMD To PLANNING AND PUBLIC'WORkS) I.. N Report ort Ijugenbee-lo AP 30-18-31, Use Permit and Vatiancei tated t1jqt he understands this is to set a hearing Vice Chairman schtader f the Commissiofti if that is the desire o coji,,AI,.-,sioner Behunin, asked to speak to Mr. Lugenbeel. Nit. Lugel-Lbeel was not PrOsent. Mr. tugenbeel was not at the last meeting Commissioner Behunin stated that Lugenbeel's ProPettY flo made a trip out to M�- co.nc6rning his use permit. ess the sound and 2-elt to try to ascertain if he had done anything to suPtir . tile County is at a that Mr. LUgenteel's regard for tile people who veprcsont very low level, lie looked at the location of the buildingsand was in favor o recommending for the consideration of the Planning Commission that rm't and that Mr. Lugenbeel be then requested to show we revoke this use PC I $ Commissionor tchunin stated that he cause why it should.be reinstated felt Mr, L,,,,-),Iboel has abused tile County and their representatives on this t was his understanding that he did not obtain the -re is no question partiCLIlat issue and i ction of the buildings; the necessary permits for constru I I tha-t they are on the property line. Commissioner Behunln felt that Mr. have tried to control the noise and that he has not tried Lugenbeel could Ontly does not intend to do so since the property is to do that6 fie appar up for sale. inv on modification or revocation of this Use Discussion on setting 9 hear' permit, m 3. A public hearing W* set for December 15i 1983 at 7:00 Pi - for m0dif'catiOn ot revocation of the Lug6nbeel use permit, � I - - � . . -I I I,, - � , - - - - - . `�'! 11r" 140440 . - r-� I , �1� 1049f TIrIA $111ft Gerald ]Dugenbeel, Jr. Route #3, Box 110-F Chico, California November 12, 1983 Planning Commi�;sion; read in the Enterprise-ROcord yesterday that our "use permit and variance" is in danger of revocation. We earned that permit 'Under pirejUdiced circumstances, and there is no valid basIs to cancel it at this point. The Opinion of aA singlt neurotic neighbor holds no weight. The previous test made by Schnyder read at 62 decibels during a peak period, Ing bronze. *.—nther time he waited for a roto -1 otop oecAuse it drown out my furnacei T jay of a scheduled 8ound te8to it was postp 4d dile to background noise from tho orchardsi To quiet the Patar8ens once and tot allo I.request �,nother sound test during a. bronze 'melt. Usually winter Months find no activity in the studio, but we can make the OkcAption for a proof test at Your convenience. Soon. YOU heed hot like me n,)r art itself, but YOU should consider the plan to revoke permits very seriously. 'r A LIT LAND or NATURAL WEALTH ANO if PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALWONIA 95965 P11ONE- 5j4.4601 November 14, 1983 Gerald Lugenbeel, Jr. Rt. 3 Box 130V Chiru: CA 95926 Re: Use porlijit and Variance, All 38-18-31 Dear Mr. Lugonbeel: The Planning Commission discussed your Lisa Permit and variance a.t its mcftihg of November 1.0, 1983. After some discussion, it was decided to hold a hearing to consider 111odification of the conditions (as a,pprovod by the Board of Supervisors on June 290 1982) or revo- cation of the county permit. This hearing is tentatively scheduled for December 15, 1083. Yet, will receive confirmation by litail of the hoaring which will be hold in the Board of Suporvisors'Room a.t 25 County Center Drive, oroville. Sincerely, ti A, KIRCHER Director of Planning qpben an,'or Plannot SAS/jP t., .71 0 1 P -IS BUTT11' COUt,11"Y 'PLANNING COMISSION N OTI OF -P —UffJ —jI —C F I E A R 1: N G Notice is hereby given by the Butte County Planning Commission that public hearings will be hold on Thursday, December 15, 1983 ot 8:30 p,m. in the Butte County Board of Supervisors Room, Administration Center, 25 County Center Di:lve, Oraville, Californiao 'regarding the following item: TO CONSIDER MODTVICATION OR RWOCT I'll 0 Lis E. 1) TUM 8:30 p. m. Gerald Lugenbeel - Use permit to allow o home occupation which may be objectionable by reason of noise on property zoned A-10 (Agricultural " 10 acre parcels) located on the northeast corner of Elk Avenue and Pierce Avenue, identified as AP 39-18-51, approximately th'ree miles southwest of Chico. The above mentioned application and file are available for public v ieWing at the office of the Butte County Planning Department, 7 County I Center Driveo Oroville, California. BUTTE COUNTY PLANNING COMMISSION B. A, XTRCHER, DIRECTOR OV PLANNING TO BE PUBLISHRD IN THE CHICO ENTERPRISE RECORD ON THURSDAY, DECEMBE'l?, ij PIP 39-18-31 AP 39-08-58 Oerald Lugenbeel Jr. Rt 30 Box 130F L. & A. Gunther Chico, CA 95936 R3 Box 133 Chico, CA 9S926 All 39 -18-7 AP 39-08-59 H. & M. Cinquini G. r, �1. Moss Rt.i,,3, Box 277 Rt 3 Box 60A ChU.1,o, CA 9S§26 i Chico, CA 95926 AP 3'0-18-8 AP 39-21-01 R. D. Buzard D. F, m4 Grissom 215 Estates Dr. Rt 3 Box 130A Chico, CA 05926 Chico, CA 95026 AP 39-li-20 W. & N Cottingham Rti 3 Box 130B Chico: CA 98926 Ap 39-18-25 M. & D. dhtnelka Rt 3 P i� 130C 'CA 95926 'Chico, AP 59-18-30 M. 4 S. Merio Rt 3 Box 130M Chico, CA 95926 1"AP 39-18"32 'R. Paterson Rt 3 Box 130J Chico, CA 95926 AP 39-1,8-35 �13. 14i Brooks , p "t 3 tx 1300 Chico, CA 95926 AP 30-19-37 Chico Gr6Vbb Rt 3 Box 131 Chico, CA 05926 Alemorandum TOI Planning Comini�(Z-ion FROMi Dav6 Hironimus, Planning Staff SUGAM Gerold. Lugenbeel Use Permit, AP .39-18-31,, Revocation or Modification DATF. Oec,o;nber 1, 1983 Tile purpose of this hearing 15 t consider the revocation or modification of the Use PePm'�t to allow a home occupation which may be objectionable by reason or noise that was granted by the Board of Supervisors on appeal on June 22, 1982 with seven con- ditions. The applicant signed 'Che , Use Permit and returned it to the County offices approximately 9 months later in March of 1985, 'the validateJ U8c Permit was received by the applicant on March 22, 1983. Of 0e seven conditions imposed by the Board of Super� �,risors (sod attached list),, #6 required that all conditions 1111 - nosed must be complied with Prior to the use )f the facility. ilii8 includes condition #7 requiring the app ant to comply with All Other iocal statutes, otdiriaitces, and Iegt-�ations, including bt0ldihg department -requirements, Pursuant to Section 24-69 of tile 8u re Coi:,6ty Code regarding the U -,o P otmi t/Vio lat -ions of tile Use 1), At) N14,i Lugeribeel was sent a fii:�tice oil August 29, 1083 notifying, ii'm thit the Use Peviltit and V:triance conditions had not been com-,lied -ith and he was allowed St days within which to comply with che cot I�Itio,;,il of approval Mr. Lugenbeel recei 'Ved the let�er on Septem,.�or 1, '�983,, The CokA,Lty records including those of the Depattitent d: P�,�Iic Works do nt indicate that Mri Lugetibect has made he nee-tt aty appli- catAns or been issued the riece8suey i,ormits t 11 PI with the 0 Coll y arol"Omentiondd conditions if approval, of the Use Petiniti Mr, )�ugenbeel tins boon in contact with the Department of Public Wo r it, tegardingasOeeiftl inspection of the subject property and a sp,ocial in8pd t ion #38-83 was accomplished by the Department of Pubi it Works: and Mr, Lutgoftbool was notified by Mr. Ji F, Glandot on August 50) 1583 of tile results of tile Special inspectioni Tile cohelu8ioA4 of the toning investigation is that Mr. Luglenbeel. has used and continues to use structures and facilities without compliance with the proposed conditions of the Use Permit and Variahcoo rndo therefore, the question of modification or revota" tioft of-' tile Use Permit is being he�ard, I The Commisgion should dotetmino whother or not any of the terms or cotiditioft3 of the permits ate violated or if any acts or omigsions of the porm.3t in connection with the use atitho-rizbd eofisti�tUto a public nuisance, If 80 tile Planning Commission should take tile appropriate action as set r-orth in 13u,ttd County Code Secti;on 24 . 62, Attachments - List of collditiotis frbin Use per 6 . 111i.t Chic..) 61a. 95926 outobi�r 25� 19,13 t�% $chradov� GhatVnlan Buttv Oounloy Plannirig, Gnunty Center Dr. (`)i-�)vjlle, Oa. 95965 DUN Co. rJanning Cumm, 00T 26 1983 Proville, C4fornla no: Use periji,t anti Va�rlwice on AP 39-18-31 oorald Lugunb!�ol, Jr Oval0l, Because thOre is 00 v�jlumj.jlnun) a f:Ue oil this Wasel, t-jo �vould like to try, to proselit tile pluny rvatmns vip feal that this Permlt and Variance should be revokc'di We are talkln�o abjut 49 feet of buildinc,8 tjj,,t I!&, Lagenbee! bui,lt oft Our PVC)PLA-tY line with no permit or variance. There'13 alfia a baLh Muse and second ceptic tank I Theze were built vjith no permit. The toward the 1),tak of the lot (see enclosed inap). 1 ldry (with buildiligs alotig OU" 11MG include an Open front shedp a tile rtjof motal gout Till s is ill -'%tolation Or Butte a very noivy blwA6 furnace) al)d CollnectLd %-jopicsilops. nts (tbls frolvil Butto C'millty Criunty Ordloance N-). MO $60i for site vequiroln Planninq Commission s�,aft findlhgis� Dec. 1.6, IL)?I.) The Au-nace buildin, i VP Ox� itnatnI.It 32 feet �rom tile huart4nt, point of oltv home. Nilding contirlueti .1teadily, despite nhtice by 2qfting Depb. in August 1981 that-, parnlits wore required. After tile heari g Woi-. )-vur bo,ird Dec. 16� :L983, (duz�itlg which Our ho"110 was broken n � and his folAndrY Wall inbri and robbud) Im 11rpi a ),Jali viodan barriev betvidall our fellor put I tip e co! . qlaissior hn(I dit"uebocl that any s,)tInd stippression' be *UTHTR Ow PotltldrY n o1jack6d t)y 1&,, Snyder) always oxoeodcd the aocolitabla level oallo. The nolon Uvul) iivt by the couAtY. M117. SlAY001' had a h;Ard tlril�j for testi,13, (Prom n"emo) All of tliis -t0me Mr. Lutenbeel and friondd tls-a -0-16 r')undry no Sundays and a Pow early alla 6vohs when -ever he pleasad, oopecially on SutW'dayO) SW ij,- that the a 0 he is still doirig L�o Ovell t1loUgh) the folloVilhei 01)ilditiOl Board of Super"J'sors imposed Oil tile 1:)Plrmlt have not boon illet� no)i8p lovels ahall licit a'xccorl 60 d13 Uda) Oil ddjacon-t rooidum+'ial (ejuro) not. c):oeed imdooV ltvol!j (1,41n) Of 45 dB On t11050, 061" proollu i (TO OUV 1,010171k-'(16'0 thove has bawl 011lv Ono toof,1118 Oil 411d ill Our pvoporty sInce Jtoe 290 It)%:' -2,) (2) vall be a8dcel to Ili!v Pur1mve with Naul-lool, (1)"Is rwo Ilu rocord or yori.riiiLL Lion of this ba-VII19 WWI CITIO-) All I.Mr)OU6,1 by tile 1304'1'�I Or lolvipery . tors jimot bo miliplied Vith M109 to tile uau of tile faciliti". (01100. 24-440 -to tim prolVisa'.6118 Or tjj�j �*ojjng Ordillantlo or the GOWItY Of Ilutoo artlecl 1) lvith tbil dollitt'iolw specirtea 1wrillin a"j �ba biblut Tot, application vl'itt) dawc, moation or m&l pbj�IIVIAU irvao0orl'.. al-ld sallanoo Or I'le ror tho ve Lip Prod0wr64 riot ro"'Ul it,, vaid 13vttA COWItY 20111,11?� Ellabli-I't tm tile tvlfit-lm nv bio Wlowaulloe of thill VZO.4allull doos no� tit obbwtklllit� 111113ding, aild llcaltll PoIlL. 'rorrAttv bafcl-.�e STAWMIII wm�truntlo!l� wnr dowti It wulvn txl)y ey�,jjor rkjrjttj.r Thiii or,0111,1 tri Alo tu In- 2 or 4 ritv Aa% nJA or tio; oiit WIMi6t4s �,wnd pluiibing Alo 4tjjj 1,11ee Opat,.L,16111 al. A '1100c vilth the onunty nanitat-ion d U 1, roveal.- tit) perrAt waso requc4sted nor issued for tho InstalIzition of +010 kc1ditil):Ial, sePtic 8`ikstoin 1,eferr(JO to in a recient real estate advortinament ot -tile heniqo.. AISM, condition 2 fro:ii Iliv Use Permit ti'un-L-G-1 t1lat "Unloos oi�hi.rvilso providod for '�n a conditlmn'tci usie parmit, all conditions must be coniplated by Ve pormittee vithin 12 minth6 of the delivery of the c-,waittirsignud Perinit'tn tho parmittae.11 Th6 Use Pernl.t 82-9 and Variance 82-10 were tatiled to him, Scipteniber 22� 1982. He sIgned thoin an(l returnod them March 22, 1%',3! This property has been liritcd for sale sinctj Apr.1.1 arid wo understand he platis to leave Chico. "(e facir new o-wrlal's MIF)Ilt convor-kthis 1111,011,0 oclCupatintil, pernilt into ati uuto repalh, nhop� maclaric shop oi- ao,110 othf-l' pl , eaue consider revocation of this Pertri-It and Variunn, a Vdry sincerely) Ruth Patersdn M ",I W WIV* Gerald Lfigenbeel - Modification or revooation of a Use Permit to allow a home occupation which may be objectionable by reason of noise on propert� zoned A-10 (Agricultural - 10 acre parcels) located on the norbhoazb corner or 8lk Avenue and Pierce &venue, identifted as AP 39-18-31, approx. three miles southwest of Chico. n Staff read the memo dated December 1, 3,983 from the Planning Departme t Vice Chairman Schrader read into the record a letter from Mr. Lugehbeel dated November 12, 19813 as follow3: Oerald Dua'renbeel, Jri Route #3t Box 130-F Chico, Ctliforn!3-- November 12& 1983 Pla,nning 001,111"LlMi0n; I read in thl, Enterptise-Record yesterday th9t Our i -Ilse perillit !Ind variance" 18 in danger Of revocation. We earned th�it permit undot prejudiced dircumatanceb, and there in no valid bftsis to OandOl it at this pointi The opinion of n. single neurotic neighbor 'holds no %Iele;ht- The previous te.,-,t made by Schnyder road at 62 decibels darlingr a peak period, of melting bronze* Another time he walted faO 9 rotO-t-MO�r to Stop because it drown out my furnace.. Then one day of a SahO-dUlOd SOLind tdsto it �,�as postponed due to b�ackgroUnd noise from the orchards. To quiet the'Patetsens once and for all, I request P.nothbr soond test dUring 'a bronze melt, U8'w�lly. winter months fln(I no n6tivity In the ebudio� 3. 1 1 but %je Rbn make the exception for ! PrOOP test- tit yoUr conVen,�ehcev Soon, you need no� 11kd me nor art ito6if 0 bUt W il�N you should consider the plon to rovoke perm. its very seriously, Sincercly, C!.Mtnissioner Avis asked if any :)P the 7 conditions haVe been complied with? Staff stated not that they could define, Staff stated that --the condition On bOUhd is a problem with acheiving the d8 level. COmmissiC"e-r-Behunin questioned if the al-1:11cant had received building .Permits for foundry or building to tho ea''s_t? 8tAff stated they Would have to go back to the Building Dept. and look this information up. The hearing was opened to the public. Mrs, Archle Paterson stated that there were rules to follow and Mrb. Lugenbeel had not followed the rules. She stated that they were neighbors Of Mr. Lugenbeelt8 and retired, She stated that It was very noisy on their side Of the Brick buildiT.,g, she did not feel the building should be this close to their property ind Mr. LUgenbeel has done notIllng to tubdwe the noise, She stated that & realitor stated she would lose money selling her house due to the Problem of noise and the building being this closei "I Staff stated that "here have been no permits issued in August 1982 or since. Mrs, Patterson stated she would like to see this Use permit tevbj, Staff stated that they should get an opinion Prom County Counsel if the odmmi"iOh would like to limit the Us,� Permit to one pOraohi Ltana Dolan� Chico, stated that she has tried to got in touch with the tugohbodls but has not been able to do so and would like this matbi_.r Continued Poll 1 month. Archie Patterson stated that there have, been no permits issued for anything, iN 111NU�4p� "'NCOkbot IS, �,,JOA --I - S". Vice Chairman Schrader questioned Mr. Pattor8oh if he would be wil-.,ng to meet with Mrs. Dolan an(! Mr. Lugenbeel. to work out the problems? Mr. Patterson would like a resolutiorto theproblem. lie did not feel that talking to Mr-.4Lugenbeei Would do any gOod. Ms. Dolan stated that Mr. tugenbeel should have to comply with the conditions of the Use permit. Beth Stillson, Chico, discussed the condition of compliance prior to the Operation of the foundry. Ms4 Dolan Was requesting an Opportunity to comply with the Boardts requost, that she work with the applicant to get the applicant to comply with the conditions of the use permit and this Is why she is asking for A continuance. t -Vice Chairman Schrader stated they should continue this matter open for 30 days to allow Ms. Dolan to trY to resolve the issues. COmmlsbiclne:� Avis stated that if Ms. Dolan Was asking for time to get the applicant, to comply, then he Was not In agreement With thisi Ne stat d that nothing has been done since August 1982 and he did not Peel it would "be corrected in a month. There Was a discussion on the noise level that was acceptable, Condition imposed was for 60 dt, This hearing was continued UO January 15, 1983 at 8.630 Pim. open for compliance of all conditions. Staff to request mr, tUgenbeel attend the meoting,' 148 i 7-1 Gerald j,ugenbeel, Jri Rt. 3, Box 1301, Chl-co, Ca. 95926 I�L A U ?596N PHONC, 534-001 December 16, 1983 Re - Modiflc, t , -'r or Revocation of a Use PeV i,. Ov Dear Mr. Lugenbeel At the regular meeting of the Butte Crow'.,� �lfttlning Commls8ion hold De�-ember 15, 1983, the public hba7'lnj,�, it -- " :,, zo!:%tillued open to January 19, 1983 at 8:30 p�ffi- to consider 11jujific.al-ion or revocation of6your use permit to allow a home bccupatlml 414111,01 may be objectionable by reason of noise on property zoned A-10 (Agricultural - 10 acre paveels) located on the northeast coT- nor of Elk Avenue and llierce Avenue, identified as AP 59-19-31, three miles soUthlie8t of Chico. This meeting will be held in the Boatd of SuperVisor8t Room, County Administration Center 25 County Center Drive) OVOV1110i CA.11'fornia4 The Planning Co�lllission is requesting your pre8ence at this meeting. Should ' you have any questions regarding this matteto please con- tact this office. Sinebrbly.s Bi Ai XiT lie r Direetot of Planning 4 BAX, It t' Gerald Lugenbeel - Modification or revocation of a Use Permit to allow a home occupe,.,EN,,�1 which may be objoctionable by reason oF nbite an property zoned A-10 (Agricultural - 10 acre parcels) located an the northeast corner of Elk� AVenUe and Pierce Avenue, identified as AP 39-10-31, approx. three miles southwest of Chico. (cont.inued f-om 12/15/03 open). ,Chaieman Schrader read a memo into the record by Oane Dolan am follows: A TO.. Planning CO=i8,-t ion FOOMt SUpervisor Jane Dolan SUBJEtTt Lugenbeel Use POkmit bArt% January 13, 1984 The tugehbee!8 have sold their hoMO and are in the Process of moving to Tuscon, Arizahai The new owners take possession VbbrUaky 10 1984i 1 have been advised that the foundry is being dismantled ana that the furnace has been nonfunchioning for quite some time --in fact, since before the time of your last he�Lrllhq, The TUgenbeels do noLo of course, intend -to teMove the Patio - like sttu,-�Wte The which a variance to 8ideyata setback was qraiit.ed and is not Under consid.oraLion for revocation. However, the U80 of the buillditig as a sctilpbuke foundry aftd, studio is knb0t. Ht, Lugenbeel told me the new owners have been infotrned of the need to obtain bUlAding Permit and inspection and that they correct the rdaEter. I NO, _0 0 i rg"$* It was moved by Commission Lambert, seconded by Commiskioner Behunin, to revoke the Qse permit for AP 39-18-31 (Lugenbeel). AYES: Commissioners Avis, Vercruse4 Behunin, Lambert and Chairman Schrader - NOES: No one ABSENTt No one ABSTAINED: No one Motion carried. Ar L, ar il (I igenbeel, Jr. lZt. ", Ax 13017 Chic6 ., L"Ra . 95926 �l ! - ,, 10 � " L A N D o r N A 1 ` I,' A L V,'CAI 1' 11 iN � j I,- PLANNIN04 COMMIWON 7 COUNTY CrNTFkDRM � OROYILI r, CALWORNIA 996S PHONr b3li 11.1101 Janu.,� -y 20, 1984 Re , Mo�lilicntion or Revocation of a Use Permit on AP 38-18-31 Dear Mr. Lugenbeel: At the rofular meeting of the Butte County Planning Commission holil January 19 1 1984, your use pernilt to allow a home occupation which may be objecti.onablo by reason of 'noise on property zoned. A-10 (Agricultural - 10 acre pa.rcels) Irjc,,Itcd on the noTthea,"t cornor of Filk Avenue and Nerce Avenue. iden'tifiod. as AP 39-19-3:1, three SouthAve8t Of Chico, AVIS revoked. .01ould you have any questions rogarding this matter, 'please can - ,qct this office. Sincerely, 11. A. Kircher Ditectdv of Planning BAK: ir cc4l Public Works (2) Ile.-Ith Dopartment ))opt, Of rorestry Zonlng Investigator I fY 2<a) Archie and Ruth Lea, Paterson, Chico - writes concerning a�the status of variance No. 82-10 for AP ' 39-18-31. Action requested: RErERT0 PLANN7NG DEPARTMENT FOR A REPORT TO THE BOARD. 0 SIIPPAV180�8 8: 1"084", 101� In to r -bop a rtn'k0i's4";'�i k,� Memorandum TO: Board of Supervisors PROM: k4tanning Department SUBJECT! GERALD LUGENBEEL VARIANCE, AP 39-18-31, VARIANCE NO. 82-10 OATEI December 17, 1984 This is a response to the letter from Ruth and Archie Patersoit requesting 'verification of the disposition ofthc- variance referenced above. This variance was accompanied 6y a use pei"nit application to allow a home occu-ation (art foundry). The I uf'de permit for the home Occupation was revoked by the Planning Com- mission on January 19, 1984b Inasmuch a law carry no provision for revocation of s county code and st�.,te a variance, no acti,in was taken on the variance. As such, the variance is still it" effect, subject to the conditions of approval. Since condit!,,ons 1 through 6 of tho variance dealt with concerns related to the operation of a foundry, the question as to w hether the condi le had been mot is moot. 4 (If there is -no foundry, there is, rj�j 'Zions noise, hazardous materials or waste, etc.) The sevent), condition of the use permit required the applicant (or his heirs' and dgs-'gns as indicated b , suct.'tessors y Chapter 24 of the Butte County "Code) to comply with all other applicable state and local statuVes, ordinances and re8ulations. Retords,available Prom the Building D*4vis.ioh of the Butte County Department of Public Works indicate that a,special inspection has been performed of the structWOes covered by the variance, but that no Permits had been applit,�d for nor any work done to ensure that the StructUres Moot code. As such, it appears that there is,a continuing ongoing violation of the Building Code, and since the Building Department's reqUire- mOnt8 have not been metj then condition 7 of the variance h18 not Yet been mot. While 1 0 it is true that the Variance cannot be revoked under 6kist- ing cbdds) no Use can legally be made of the structures uni.-.'l they. are made to conform to the requirements of the Butte Counti Build- ign Department. If the buildings are brought into conf6m�Mlce with the tUilding Department regulations, no Use requiring a use Permit subjott to Chapter 24 of the Butte County Code t made of the property Unt,l such cotle, be I time as a use permit was approved by either the Planning Commission or the Board Of 8upervigor8. tn summary, it appears that at this t,mo 1 3. the Proper course of dction to pursue is to require the present owner Of the subiott Property to either conform to the regulation 1 8 0, e County Wemovo the struct'Utbs, Any at Building,Departmefit Or to �, f tb Butte be coordillated with the Building Division of tion should Department of Public Works, the Butte County DII/ s s # '00 - Aemorandum �Interm'Depart �.A On TOt PL'44tiing Commission Buttu Cc,, Pleinninq COM141 4 FROW SUIPMvIsOr Jane Dolan S Ui OWI. )jEct% Lug iibeel use Permit D,,%TE, �.Tan4F4ry 13, 1984 The 1:1.11genbeels have sold their home and vre in the process of mbV�-114 to Tuscon, Arizona. The new owners take Possession February 1, 1984. h4VO b6an advised that the foundry is being dismantled and that the ftirnat�e has been nonfunctioning for quite some time --in eAct, since before the time of I Your last hearing. The,Ltigenbeels do nots of courE , intend to remove the patio - like o-;LrvL-ture for which a varidilce to sideyard setback was arantO and is not under consideration for revocation. However, ihe ubot4 of the building as a Sculpture foundry and studio is moot. Mr. 10,1"enbeel told me the new owners have been informed of the lit td to obtain building Pbl*rmit and inspection and that they will 00,-rer,-L the matter. JD/sp 11 Butte County Board of Supervisorg 25 County Center Dr. Oroville, Co. 95,965-3375 Re: AP -39-18-31, Lugenbeel Variance # 82-10 �,O� Rt, � Box 130J Chico, Calif. 95926 ry Janua . 21, 1984 ?!3 Aqe4 ONO$% Camornlb May we please have an immediate lularification qs Lo the disposition of the above mentioned Variance (copy attached) in light of the 19 Jan 184 revo- cation of the associated Use Permit? We believe time is important as the property is apparently in the process of changing hands. The Variance states that it is "to allow home occupation structures to exist within side yard set -back" i'..etc. The offending blast furnace etc., has been removed as (according to ) ),an. 184 Planning commission meeting) the property has been sold and Mr. L�., ",nb�;4',l is moving. Consequently there is no longer a "home occupationO for whi `�. zhis Variance was grantedi According to the Special Conditions over which this Variance was grantedi 06) and the "Notell regarding Builuing and Health permits (which were never obtained), are not these buildings still illegal? Supervic:jr Dolan made a personal appearance for this cause at the December IV Planning Commission meeting and forwarded a memo to the 19 Jan. 184 meeting to the effect that the buildings were to stand. Does this not fall into the IfSpecial Privilege Category" which is expressly prohibited by zoning regulations? ihcidontally, we tried repeatedly for two years to contact Dolan regbrdiffig these violations, but our calls were never completed or returned--ni-,t once. Nor did she ever) to out knowledge, initiate any communication --8o much for any professed intent to Omediate". As our lawyer told the Board over a year ago in an appeal to you for relief from this Otoblemi granting this Variance and/or allowing it to stand) sets a daiop ous pre4GOdent as concerns future zoning enforcement. We ore appalled at the course this zoning exercise has taken from the Very beginningi For exampleo Commissioner Lambert (then chairpersoh) cited and continues to citej past violations in the area as 6 justification for eXcUs.- ing Mr. Lugenbe,!.,11's zoning encroachments. This� t000 teems to us to create a d6ubtful precedenti in at much at we recognize the authority o�hb Board of Supttvisors in this ma ter, it -is important that we get ybUr explanation of what is to tome, in OrIjet that we can determine what action We mutt take, We will appreciate your earl' reply. y 'Ruth Loa Patexson rnnO.,�� kont in! PlIahnihn rnmm- qs nh 2 .2. SUVE cOLINTY DATE BOARM Or, SOPER 1SORS 82-10 VAMMCIE NO, AP 39-18-31 ASSMOtj% PARCEL NO, Flu,-.,,u,,;%t,1 to tho I.srovisions of tho Zunlng Ordinrinco of the Of BUtIo4and t1w spoolal condifloris set turtli balm-,: Gerald LtigenboeJ Jr grant6d' a Vv,rianca haroby 8 2 7 1 structures to exist within the sidg 1 1 _�rd. satback in an A-10 Zone., Y'7-1:112.66 lit 9 SOUE-116—st 6r'*CT1W5--i sp�cl/d. ONDI 1101,8" 1. OUtSjdJS j)Oi5e levels sha'J.1 not exceed 60all (Ld.n) on adjacf!nt residenti.Al properties, nor excelud indoor leve1s (Ldll) Of 45 d1l oil those same parce3s. 11 i fuels, welding equipinent and flaininrible niate-tials- 2i Uso and sto e a! in accordance with the following Butte County Fire Dep;irtraent recomitendations and standards: A. Provide 2016 A13C Z11re extinguisher to be readilly accossPie in studioi B. Gas and oxypoli cyclinders to be stored saf0y and chained to prevent fallinp, OVer. C. Studio to be inaintained c1con and free of fiaimDable tiaterip.1s. 3. Storo a] I -1to.x'c or hizardous chemicals under lock and koy whon hot ill use. 4i Collt.,ct, store and dispose of all waste matoriall"� I liquid or soi,i,J, in a mannor approved by Butte County Unvitolflmont61 Health Dopartilbnt and Dwfte Cowity Public Worhs Departr.ent and State Regional Vhater Quality Control Board. ,S i Material will be added to line the furnace with Kaowool. 6. All conditions imposed by the Board of Supervisors must be complied with prior to the use of the facility (Section 24-441 * 7. Applicant intiSt Colnply 11ith all other applicable State and 16cal statutes, ordinances, and regulations ' I horeby docletre undsr poalty of perjury that I hava road Oe toreg,-4ng conditionsi fact tho conditions whibli weve imposed upon ilia granting of this Varlance, hey are In I and that I agree to dbida fu ll�! by said conditions, oA Dated %I$, 7� eo'�, t N OTF.., Issuance of this voriance dobs not \,olve tequiroment 0 �:btalhlng building end Haalth Wptirtmint parnilu before corittruction, hur dods it VAlve Y thy othor requitomenu, n 4r,_olt DeportmLin t of Public Works (2) fire Delintkincht 1.1,641rd Of SOpervisors FILE NO.: 39-18-31 1. Outside noise levels shall'not exceed 60 dB C T.,, e. ! L on adjacent residential properties, nor exceed'Indoor. levels (Ldn) Of 45 dB on those same parcels. 2. Use and store all fuelg, .4elding equipment and flam- mable materials in accordance with the following Butte County Fire Department recommendations and standards: (A) Provide 2016 ABC fire extinguisher to be readily accessible in studiop (B) Gas and oxygen cyclinders to be stored saf ely and chained to prev8nt falling over, (C) Studio to be maintained clean and free of flammable material. 7 , 3. Store all toxic or hazardous chemical.s under lock and key when not in usei 4. Collect, store and dispose of all waste materials, liquid. or solid, in a manner approved by Butte County Environ- mental Health Depattment'and Butte County Public Works Department and State Regional Water Quality Control.Board. 5. Applicant must also comply with all other applicabld State and local statutes, ordinances and regulations. = , I q —if ra FILE No. BUTTE COUNTY PLANNING COMMISSION HEARING. DATES*. P&FAusk, 16 Ti OWNER tl,:�Aota, REQUE8Tt A MZ FaAt7,' FoAA EXISTING. 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