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HomeMy WebLinkAboutUP 00-03PROJECT SUMMARY SHEET FILE #: UIP 60-03 PROJECT TYPE: Use Permit APPLICANT: Robyn Kissler - ADDRESS: 163 Brown Boulevard, Oroville, CA 95966 IsmAj 1 ADDRESS REPRESENTATIVE: ADDRESS PROJECT DESCRIPTION: An amendment to Use Permit 96-15 to modify the existing emergency doe shelter for 49 dogs, to a kennel for 30 show dogs. PROPERTY ZONED: AR -1 (Agricultural Residential)_ LOCATED: 163 Brown Boulevard AP#: 028-062-016 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: AR (Agricultural Residential) 1. Application complete: 9/14/99 Amount: $ 1,064.00 Receipt #: 17871 2. Comments sent to: E.H.,P/W, DDS., Animal Control, Ag Comm., CDF., & Dept of Fish & Game 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Craig Sanders 7. Environmental Determination: 8. Staff Report: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: 74-7- Display Ad Prepared - 11. - repared:11.. Notices Mailed: :=—;T=Alf-- OD Number of Notices: 617), 12. Newspaper Publication Date:- .2/' Da / OD C PGB 13 14 Planning Commission Hearing(s): Action taken: Special Conditions, Commission Resolution IN Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: 15. Type Use Permit/Send for 16. N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: Ordinance No: -id_ d5oleo, 9.' Adopted: Fish & Game Fees Paid: Yes No 0 • Robyn Kissler, (Item not subject to environmental review), Revocation of a Use Permit, UP 00-03(revision of UP 99-22), to allow a private kennel to be used for'show dogs on property zoned AR -1 (Agricultural Residential —1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) Mr. Sanders gave a brief summary of the project. He said this hearing was continued to allow Ms. Kissler time to install a septic system for the kennels. He said the condition has been met and this hearing can be finished. Mr. Wannenmacher said the Commission should deny the revocation of the Use Permit. The hearing was opened to the public. Ms. Kissler said she has completed the conditions and asked that this hearing be vacated. The hearing was closed. It was moved by Commissioner Leland, seconded by Commissioner Evans, and unanimously carried to deny the revocation of Use Permit 00-03 for Robyn Kissler. There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ SEPTEMBER 11, 2003 ■ PAGE 2 ■ Robyn Kissler said her hearing was continued to today and she asked why her item was not on the agenda. ' The clerk said that the continued hearing was inadvertently omitted from the agenda and apologized to Ms. Kissler and the Commission. Due to Ms. Kissler being out of town in August, the hearing was continued to September 11, 2003. a ■ BUTTE COUNTY PLANNIG COMMISSION ■ MINUTES ■ JULY 24, 2003 ■ PAGE 1 ■ t - Robyn Kissler, (Item not subject to environmental review), Revocation of a Use Permit, UP 00-03 (revision of UP 99-22), to allow a private kennel to be used for show dogs on property zoned AR -1 (Agricultural Residential —1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) Mr. Breedon gave a brief summary of the continuance. He said that staff has nothing new to add. The hearing was opened to the public. Robin Kissler said the weather has not allowed her to finish the septic system and leachlines. She asked for more time for the weather to clear. She said she wanted to turn the barn into a commercial building, but she was told she would need engineered plans. She decided not to have the kennels go into the barn because of the expense. She asked that the Use Permit be outside kennels only. Wendy Castillo, Animal Control, said that at this point the septic is not installed. She said Ms. Kissler did receive a kennel license. She said there has not been much progress on the septic and she would not be adverse to a continuance. Ms. Kissler said she would need at least three weeks for the ground to dry out after the rain stops. Ms. Castillo suggested continuing the hearing to the last meeting in July. It was moved by Mr. Leland, seconded by Mr. Nelson, and unanimously carried to continue this hearing open to July 24, 2003. There is a 10 -day appeal period on all decisions with the Clerk of the Board. i ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 24, 2003 ■ PAGE 5 ■ Robyn Kissler, (Item not subject to environmental review), Revocation of a Use Permit, UP 00-03 (revision of UP 99-22), to allow a private kennel to be used for show dogs on property zoned AR -1 (Agricultural Residential —1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) Mr. Breedon gave a brief summary of the continuance. He said that staff has nothing new to add. The hearing was opened to the public. Robin Kissler said the weather has not allowed her to finish the septic system and leachlines. She asked for more time for the weather to clear. She said she wanted to turn the barn into a commercial building, but she was told she would need engineered plans. She decided not to have the kennels go into the barn because of the expense. She asked that the Use Permit be outside kennels only. Wendy Castillo, Animal Control, said that at this point the septic is not installed. She said Ms. Kissler did receive a kennel license. She said there has not been much progress on the septic and she would not be adverse to a continuance. Ms. Kissler said she would need at least three weeks for the ground to dry out after the rain stops. Ms. Castillo suggested continuing the hearing to the last meeting in July. It was moved by Mr. Leland, seconded by Mr. Nelson, and unanimously carried to continue this hearing open to July 24, 2003. There is a 10 -day appeal period on all decisions with the Clerk of the Board. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 10, 2003 ■ PAGE 5 ■ Robyn Kissler, (Item not subject to environmental review), Revocation of a Use Permit, UP 00-03(revision of UP 99-22), to allow a private kennel to be used for show dogs on property zoned AR -1 (Agricultural Residential — 1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) Craig gave a brief summary of the project background and the reason for this revocation hearing. He said the kennel license has not been issued. The septic system has not been installed or approved. He said the location of the dogs was to be moved to the barn structure and according to Animal Control this has not been done. Commissioner Leland asked what standards Animal Control looks at to determine the violation. Mr. Wannenmacher said a letter of the violations was sent to the applicant in advance giving her time to correct them. He said there has been no response from the applicant. The hearing was opened to the public. Robyn Kissler said that one of the complaints is that 4 of her dogs were out of the kennel and this is not true because the four dogs belong to another parcel and another owner and are not part of the kennel. She stated that the kennel has been relocated to the barn area. She submitted pictures. She said there has been some confusion on the septic system being installed. She said she has applied for the septic permit and work has started. She said they have to wait till the rain stops. She said she has made improvements to the property. Commissioner Evans told Ms. Kissler that she needs to check with the Building Division because he believes she needs a permit to install electrical to the barn. Ms. Kissler said she is putting in a 1000 gallon tank and 200 feet of leach lines. Commissioner Evans said Ms. Kissler should talk to the building inspector regarding the electrical installation and whether or not building permits are required. Dolores Hart said there was a concern with food being kept in the barn and attracting rats so the food for the dogs was moved into the house. She said the kennels are cleaned every day, and submitted photos taken two days ago. Wendy Castillo, Animal Control, said the kennel license has not been issued. She said in order to issue the license the kennel must be kept in a clean environment. She said there was a statement made by a person that had her dogs in the kennels that she had boarded them there. She said there is debris around the barn and trash in the barn that is preventing Animal Control from issuing the kennel permit. Ms. Kissler said the only violation letter was sent in November. She said the debris is gone from the barn and surrounding area. She noted that she is not boarding any dogs, that she housed a friend's dogs for a little while. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 23, 2003 ■ PAGE 1 ■ Ms. Castillo said there was a complaint from a citizen stating that she had her dogs boarded and trained at Ms. Kisslers. She said the barns were not free of debris at the time she was there. Ms. Norris said the debris has been removed and they did not board dogs at the kennel. The hearing was closed. Mr. Sanders said it appears that Condition 5 has been complied with. Commissioner Nelson suggested that this hearing be continued a couple of months to see if the violations are taken care of. Allison, Animal Control, said that the applicant was going back to court on the kennel license. Commissioner Nelson said the continued hearing would only be about the revocation. It was moved by Commissioner Leland, seconded by Commissioner Nelson, and unanimously carried to continue this hearing open to April 24, 2003, at 9:30 a.m. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 23, 2003 ■ PAGE 2 ■ Date 09/27/00 Development Services Depafinent Time 12:54 pm Applicant Billing Worksheet UP 00-03 * Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 In reference to UP 00-03 Rounding None Full Precision No Last bill Last charge 02/18/00 Last payment / / Amount Date/Slip# Description 09/06/99 Craig S. / P 425459 Processing 09/06/99 Paula A. / C #25600 Clerical 09/20/99 Craig S. / P 426380 Processing 10/04/99 Craig S. / P #25920 Processing 10/04/99 Paula A. / C #26042 Clerical 10/04/99 Larry P. / P #26062 Processing O1/10/00 Lynn R. / C #27713 Clerical 01/24/00 Lynn R. / C #28204 Clerical 01/24/00 Craig S. / P #28221 Processing 02/07/00 Lynn R. / C #28411 Clerical Page 1 : $0.00 HOURS/RATE AMOUNT TOTAL 0.25 14.75 59.00 1.00 34.00 34.00 8.75 516.25 59.00 0.75 44.25 59.00 1.00 34.00 34.00 1.50 88.50 59.00 0.50 22.50 45.00 1.00 45.00 45.00 1.00 59.00 59.00 2.50 112.50 45.00 *Development Date 09/27/00 Services Depalment Time 12:54 pm Applicant Billing Worksheet Page 2 UP 00-03 * :Robyn Kissler (continued) TOTAL BILLABLE TIME CHARGES 18.25 $970.75 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $970.75 • PAYMENTS/REFUNDS/CREDITS 09/14/99 Deposit - Receipt #17871 J (700.00) O1/11/00 Deposit - Receipt #18127 (250.00) 09/25/00 Remainder Written Off (20.75) TOTAL PAYMENTS/REFUNDS/CREDITS ($970.75) NEW BALANCE TOTAL NEW BALANCE $0.00 Date/Slip# Description HOURS/RATE 02/07/00 Teri B. / C development #28296 Date 09/27/00 03/06/00 Services Depafkent Time 12:41 pm 45.00 Applicant Billing Worksheet APL 00-06 * Virgil & Sharon Harvey 03/20/00 Craig S. / P 2.00 14 Brown Boulevard 59.00 04/03/00 Craig S. / P Oroville, CA 95966 Processing In reference to :,APL 00-06 10.00 429725 Rounding 59.00 None Lynn R. / C 0.50 Full Precision No 05/29/00 Craig S. / P Last bill Processing 59.00 Last charge 06/09/00 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE 02/07/00 Teri B. / C 0.50 #28296 Clerical 34.00 03/06/00 Lynn R. / C 4.00 #28719 Clerical 45.00 03/06/00 Craig S. / P 7.50 #28988 Processing 59.00 03/20/00 Craig S. / P 2.00 #29177 Processing 59.00 04/03/00 Craig S. / P 5.00 #29452 Processing 59.00 04/17/00 Craig S. / P 10.00 429725 Processing 59.00 05/15/00 Lynn R. / C 0.50 #30214 Clerical 45.00 05/29/00 Craig S. / P 2.50 #30356 Processing 59.00 TOTAL BILLABLE TIME CHARGES 32.00 TOTAL BILLABLE COSTS TOTAL NEW CHARGES Page 1 1 AMOUNT TOTAL 17.00 180.00- 442-.50 80.00442.50 118.00 295.00 590.00 22.50 147.50 $1,812.50 $0.00 $1,812.50 Date 09/27/00 •Development Services Depalment Time 12:41 pm Applicant Billing Worksheet APL 00-06 * :.Virgil & Sharon Harvey (continued) PAYMENTS/REFUNDS/CREDITS 02/10/00 Deposit - Receipt #286627 (50.00) 09/25/00 Non -Deposit Application (1,762.50) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE J Page 2 ($1,812.50) TOTAL NEW BALANCE $0.00 Date 01/18/00 Development Services Deparient Time 10:15 am Applicant Billing Worksheet UP 00-03 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 In reference to UP 00-03 Rounding None Full Precision No Last bill Last charge 10/15/99 Last payment / / Amount Date/Slip# Description 09/06/99 Craig S. / P #25459 Processing 09/06/99 Paula A. / C #25600 Clerical 09/20/99 Craig S. / P #26380 Processing 10/04/99 Craig S. / P #25920 Processing 10/04/99 Paula A. / C #26042 Clerical 10/04/99 Larry P. / P #26062 Processing TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS $0.00 Page 1 HOURS/RATE AMOUNT TOTAL .0.25 14.75 59.00 1.00 34.00 34.00 8.75 516.25 59.00 0.75 44.25 59.00 1.00 34.00 34.00 1.50 88.50 59.00 13.25 TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 09/14/99 Deposit - Receipt #17871 (700.00) O1/11/00 Deposit - Receipt #18127 (250.00) $731.75 $0.00 $731.75 TOTAL PAYMENTS/REFUNDS/CREDITS ($950.00) Date 01/18/00 '"Development Services Departent Time 10:15 am Applicant Billing Worksheet Page 2 UP 00-03 :Robyn Kissler (continued) NEW BALANCE New Current period (218.25) TOTAL NEW BALANCE ($218.25) ROBYN KISSLER 1054 DAVID KISSLER 90-78/1211 163 BROWN BLVD. OROVILLE, CA 95966 DATE (530) 743-9932 PAYTOTHE�- $ ORDER OF cmeee. J -fin .Y DOLLARS Oro Dam Office 2626 ORO DAM BOULEVARD MMIGNAM. OROVILLE, CALIFORNIA 95966 BANKMEWEST 1-80 0-488-2265 NP FOR 1: L 2 L L00 78 21: LO S 4 L 280698 S 31" g1ARLAND 1988 , I/' I NOE/NOD J RECEIPT TOTAL PUBLIC PUBLIC ENV. FIRE F/G FEE OTHER APPLICANT DATE NO, RECEIVED WORKS LAFCO PLANNING SALES HEALTH RECEIPT 18127 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIVED FROM 0 00-181 Continued Public Hearing - Use Permit - Robyn Kissler - consideration of an appeal of the Planning Commission's approval of a Use Permit as an amendment to Use Permit 96-15, modifying the existing emergency dog shelter for 49 dogs to a private kennel for 30 show dogs (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended), on property zoned A -R (Agricultural -Residential). The property is located on Brown Boulevard in Oroville, and identified as APN 028-062-016 (CBS [File No. UP 00-31]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME FEES; AND 3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000, DENY THE APPEAL AND APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-25-00 [5.03]) (**1032) 00-181 PUBLIC HEARING RECONVENED: 11:26 A.M. PUBLIC HEARING CLOSED: 11:26 A.M. MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME FEES; AND SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000, AS AMENDED TO REMOVED THE WORDS, "ON A DAILY BASIS" FROM CONDITION 4, FURTHER MOVE TO DENY THE APPEAL AND APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) - -- - BUTTE'COUNTY BOARD OF SUPERVISORS -MINUTES - MAY 30, 2000 __ _ Q. 00-99 Public Hearing - Use Permit - Robyn Kissler - consideration of an appeal of the Planning Commission's approval of a Use Permit (item on which a negative , declaration with mitigation measures regarding environmental impacts has been recommended) as an amendment to Use Permit 96-15, to modify the existing emergency dog shelter for 49 dogs to a private kennel for 30 show dogs, on property zoned A -R (Agricultural -Residential). The property is located on Brown Boulevard in Oroville, and identified as APN 028-062-016 (CBS [File # UP 00- 31]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION;. 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000, DENY THE APPEAL AND APPROVE USE PERMIT 00- 03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR TO SIGN. (**212) PUBLIC HEARING OPENED AT 10:59 A.M. MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO APRIL 25, 2000, AT 11:15 A.M. TO ALLOW FOR THE PERFORMANCE OF A NOISE STUDY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 28, 2000 1 9:30 a.m. - Robyn Kissler, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit as an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a private kennel for 30 show dogs, on property zoned A -R (Agricultural Residential). The property is located at 163 Brown Boulevard, Oroville. APN 028-062-016 (CBS) (File #UP 00- 03) Mr. Sanders gave a brief summary of the project. He said the applicant would like the condition that this is an emergency shelter for dogs removed from the Use Permit. He said the new property owner also raises birds which are a permitted use in this zone. He said the birds do not substantially add to the noise on the property. He said he went to the site with a noise meter and the meter did not go over 60 dBs. He also noted that the equipment he had did not register below 60 dBs. He said a condition should be added, if this is approved, to bring the building up to building codes. Commissioner Lambert asked if he took the dB reading at the property line or nearest residence? Mr. Sanders said the property line. The hearing was opened to the public. Robyn Kissler said she bought the property because it had a kennel permit previously. She said the birds are not a part of this request. Virgil Harvey said he has a problem with this permit. He said the dogs and birds are a noise problem. He said he is a farrier and has problems shoeing horses when the birds screech. He said he had a problem with the last owner. He described an instance with a dead animal. He said he did not want this to happen again. He said he was told this new kennel with be for Pit Bulls and not show dogs. He was against this permit. John Folsom, kennel owner on Lower Honcut Road, said he put in a septic system for his kennel, with concrete housing. He said he is seeing kennels allowed in this County that are not held to the same standards he was. He said most people who own show dogs have between 5-10 dogs, not 30. He said 30 dogs is a large operation. He said he wanted all approved kennels conditioned the same. Mr. Sanders said these will be Staffordshire Terriers. He explained the update to the property that will be needed if this is approved. Wendy Castillo, Animal Control, said there were problems with Ms. Kissler when she had the dogs in Thermalito. She said the barking was a problem in Thermalito and could be a problem at this location. She said dogs are sold through the Internet by the applicant. She said this should be considered a commercial use. She asked on Condition 3, what is the definition of secured? She said the property is not totally fenced. She said there have been barking complaints. She said there has been 4-5 complaints since Ms. Kissler moved in. She said on Condition 8, collecting of waste should be done twice daily, not twice weekly. She said she visited the site and has no problems with the care of the birds. Paul Akins, 59 Pheasant Lane, said he is concerned with noise. He said the dogs are noisy at feeding times. Sam Norris said he lives on the property and is from a family of professional animal breeders. He said he has tried to take the Harvey's concerns seriously. He said that is why they wish to move the location to the ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 ■ barn area. He said the dogs are shown frequently. He said they do sell dogs and do have dogs in for breeding. Commissioner Lambert asked if this permit is not approved, would the old permit still apply? Mr. Sanders said yes the old permit would still be in force. Sharon Harvey asked who the owner of the property is, Mr. Norris or Ms. Kissler? She said she believes there is a leash law and the dogs must be kept on their property. She said there are dogs roaming free. Ms. Kissler said they plan to fence the yard to contain the house pets. She said this permit is for 25 adult dogs. She said she has about 3 litters a year, but not at the same time. Mr. Harvey said the previous permit was for emergency use only and that permit should be null and void. He said the old permit should have been desolved because of the problems. The hearing was closed. Chairman Leland said if this is a commercial operation that would require different conditions. Mr. Sanders said the conditions would be the same. - Chairman Leland said the question of dogs roaming and leash laws was a separate issue from the kennel. Commissioner Mooney said in Condition 1' if should read."25 dogs in the kennel'and'5 � personal dogs." Chairman Leland said thepersonal' dogs can be free as,long'as they are kept on the property. Commissioner Cage'asked'if there is'a leash law? Mr. Parilo said as far" as he knows there i!� a, leash law and -dogs are not allowed ,fo' fWfree off of the property. He said it is up to the owners to keep the dogs on the property. Chairman Leland said they could add a condition that no dogs shall be allowed to roam off the property, except for a limited number of personal dogs, all dogs shall be kept secure. Commissioner Cage said she would not vote for that. She said she did not think the dogs should run free, even on their own property. She said the leash law should apply. Commissioner Mooney said the leash law only applies to dogs off the property. Chairman Leland said he is proposing to require the dogs be kept within the property. He said Condition 3 needs to be defined as to how many of the dogs are allowed to roam free on the property. He said Condition 1 should say dogs over 4 months old. Commissioner Lambert said the maximum of dogs that can roam free on the property is 5 personal dogs. She asked if the site plan was connected to the Use Permit? ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 ■ Mr. Sanders said yes, the site plan is stamped approved once the Commission takes its action. He said the site is circulated to other agencies with the signed Use Permit. Mr. Wilson said on the first page of the Use Permit (Page 5 of the Agenda Report) it states in the first paragraph that this permit is to modify the conditions of Use Permit 96-15 to allow a kennel as a private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and relocate the kennel in accordance with Exhibit B (the site plan). It was moved by Commissioner Mooney, seconded by Commissioner Lambert to approve the Use Permit, UP 00-03, for Robyn Kissler, Change Condition 8 to "twice daily" instead of "twice a week" as follows: I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures. Said mitigation measures have been modified to address the characteristics of this project and will mitigate the identified environmental effects below significant levels. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. 3. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 0 BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 ■ The existing trees on-site completely screen the kennel from public view. The dog kennel shall be limited to a maximum of 30 dogs at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. All dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. At no time are the dogs allowed to roam freely or be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ FEBRUARY 10, 2000 0 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain building permits. Mr. Parilo said there is a prohibition for dogs roaming off of the property. . Chairman Leland said he would like to make a motion to modify Commissioner Mooney's motion, to add to Condition 1 after "dogs" insert "over 4 months of age", Condition 3 add to the beginning of the condition to say "No dogs shall be allowed to roam off of the property." and add to the beginning of the next sentence "except for up to 5 personal dogs" and change the last sentence to read "Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision." Add a new Condition 12 "The applicant shall obtain required building permits." The modification was seconded by Commissioner Lambert and unanimously carried to modify the motion. It was again moved by Commissioner Mooney, seconded by Commissioner Cage, and unanimously carried to approve the Use Permit with the correction to change Condition 8 and the modifications listed above and voted on. Mr. Wilson noted that there is a 10 day appeal period. ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 FEBRUARY 10, 2000 ■ Q/lq l49 17871 10(A - 1 S - foo - hr.— _ DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOEMOD F/G FEE OTHER APPLICANT - RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 17871 ISSUED BY C `. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 17871 ISSUED BY 0 0 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 15667 ISSUED By 17, PueLlc �AiCO usE VARIANCES PUBLIC ZONING EHV OTHER ;�fk ;4LkEJ APPLICANT sem_.._ RECEIVED FROM RECEIPT TOTAL DATE NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 15667 ISSUED By 17, ' PT AnningDivielon: DEPART , NT OF DEVELOPM -'NT SERVICE§, -N 141999' BUTTE COUNTY UNIFORM APPLICATION Arr1.111:AN 1: Agent information to be provided is on other side: ®rOVllle, Gain= APPLICANT'S NAME( If applicant is diff ete t from owner an affidavit is required) 4 ' ASSESSOR'S PARCEL NUMBER: oo a/ ADDRESS: C Y, STA & [ZIP CODE FILE N /1(FO FFICE USE) NAME OF PROPOSED PROJECT (If any) .y TELEPHONE K11 EXISTING LAND USE. LOCATION OF PROJECT ( Major cross streets and Address, if any ) toC Own Y +ti H7a �.✓5.}5 yc r..�i?.r:�:'Grec.}>`y�'GGA..�o:.;?!,a�.?`,...;n:`ij�!yC�slf;`i�•'G':�:.<`; �' GENERAL INFORMATION REQUIRED ...... .., . .. :. ::. .. - ``•y'or.'. �•. �� .: ?'S.�. YV' .`.�lrT. it. � .- 7Cy - H7, .....•cy',r ?' OW 'S NAME TELEPHONE 4 ' i 0 6 f :> r ADDRESS: CITY, STATE &ZIP CODE: ya: 72 .y ZONE GENERAL PLAN EXISTING LAND USE. ) SITE S12 E ( in Square Feet or Acres---------------- ` EXISTING STRUCTURES fin Feet)— STRUCTURES (in Square Feet) r ,` O'lo-ysJ.00� 80G�l3a�n El. ry ".nl s (Check Otte) (Check One) eY f PROPERTY IS OR PROPOSED TO BE SEWERED x " PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER :1 JR PROPERTY IS OR PROPOSED TO BE ON SEPTIC JEL PROPERTY IS OR PROPOSED TO BE ON WELL WATER a: - _ Y: i.:Y'. ' }ter:_ �;•4. =:Y `~ .Y. % ATION �• REQUESTED �- .j.'.,�y.,.l.n•;-: ..h"'• <:t;,.,.�., Ivi:Sc..t:;:y Vi;:D%ti.-..'i�3'.:':� :.t'+..-Vw.5..1:: .: �'.0.L:.l•�`4 h .�.V ._���P ':;:': .•Y ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER •a.'vi: :.;y;.; ,,j.,.y a':q ,. :..r'�'.^ ..f';a <R:.,:;r_� �ti'.�. .;�:',r'.�. ,r. = w� - :r .e.Y.`•�i:;c;:','•Y•. �.�-ti7;. '�`�'�.�,Y.N.', x..;i.s,'.'"Kia:.;.,...�r:;PROJECT DESCRIPTION ✓va:�l�.' t..;,: ... :,:>,.;.7'•;"F^�'-ic:.'r'..Y.::::;r1.!+%?•.��� �f :,.?:•4:;�t,.?r'wl,., ,�. r. "�. Yi ".: .::✓ FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number "and size of parcels.) 1 �`/_- __ ®C.t/7Yl�si/�� �/ vYI�T �.L .� ..�,�,.®.rte •�.r�/,t . OWNER CERTIFIC ATION ,;.4..:. I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE I ORMATION IS TRUE AND ACCURATE (If an agent is to be authorized, execute an affidavit of authorization and inc a affidavit w' this app ' ion ) DATE: SIGNATURE: COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner, and/or developer, and/or nrniect sponsor: 101,41 Q 2. Address of project: _ _ - Assessor's Parcel Number: ^A � �'i�?.St - eq/� '(71,6 3. Name, address, and telephone number of person to be contacted concerning this oroiect: fob; K�'$$5-�.r 1.,� Q�c,vn /�%c':.. Cj,-c,Ui%!u �9 �,Z 3 '7 413 23 g% 4. List and describe any othdr related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 41W 5. Existing general plan designation: 6. Existing zoning district: 7. How island currently use B. Proposed use of site (Project for which this form Is filed): n Project Description:. 9. Site size: a."5 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: / Compact: Total: 11. Plans attached Yes)( No = 12. Proposed development schedule 13. Associated projects��/ 14. Anticipated incremental or phased development X/ Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. ❑ Butte County Department of Development Services C1Planning Divi';ir4ing ®iVISI®n S E P 14 1999 Oroville, California • • 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loadinc facilities, and community benefits to be derived from the project. ` 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state thi: and indicate clearly why the application is required. If permits have already been issued, please attach m Exhibit A Are the following items applicable to the project or its effects? Discuss below all items checkec yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ ITLe: -'NJ 0 Butte County Department of Development Services 0 Planning Division 0 2 • is Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature f r r/ / K:\FORMS\SUBMITTAUENV-INFO 0 Butte County Department of Development Services 0 Planning Division 0 3 PROJECT REVIEW CHECKLIST Project Planners fill out this in-house checklist upon receipt of a new project. Project Number: UF-00-63 Project/Application Name: Y—►S5L4ec Project Site Zoning: Rrl General Plan Designation: AG 1269 APN: Project Planner: C4155 Date completed: Is the project located within any of the following areas? ❑ North Chico Specific Plan ❑ Oroville Enterprise Zone ❑ Williamson Act Land CLCA: ACRES: ❑ 100 Year Flood Plain ❑ Within FEMA Floodway ❑ Within DWR Floodway ❑ Dam Inundation Area ❑ Watershed Protection Overlay Zone ❑ East Avenue Specific Plan ❑ Chico Area Greenline (Project in area where Greenline policies apply) ❑ Greater Chico Area Redevelopment Area ❑ Nitrate Action Plan Area ❑ Planning Areas ❑ Urban Reserve ❑ Durham-Dayton-Nelson Planning Area ❑ Paradise Urban Reserve ❑ Oroville Area Land Use Plan (Adopted 3/29/84) ❑ Oroville Urban Reserve ❑ Chico Area Land Use Plan (Adopted 3/18/90) ❑ Chico Urban Reserve ❑/ Gridley-Biggs Land Use Plan (Adopted 8/586) ❑ Gridley Urban Reserve [� Honcut Area ❑ Cohasset Area ❑ Palermo Area ❑ Chapman/Mulberry Planning Area (in process of adoption 9-14-99) ❑ Deer Herd Areas ❑ Designated Development Zone ❑ Winter Range ❑ Critical Winter Range ❑ Summer Range ❑ Critical Summer Range ❑ Major Migration Corridor ❑ Intermediate Deer Range ❑ If Constrained, The Minimum Parcel Size Is acres. ❑ CLUP Area ❑ AIRPORT AREA OF INFLUENCE ❑ Chico Municipal Airport Environs Plan ❑ Chico ❑ Paradise Skypark ❑ Paradise Skypark ❑ Ranchero ❑ Ranchero ❑ Oroville ❑ Oroville ❑ Airport Land Use Commission Review (ALUC) Required "1 • . • ❑ Urban Area (As defined in Improvement Standards for Chapter 20) ❑ City of Chico ❑ Durham ❑ City of Gridley ❑ City of Oroville ❑ Mountain Recreational Area ❑ Sphere of Influence ❑ City of Chico ❑ City of Gridley ❑ City of Oroville ❑ City of Biggs ❑ City of Paradise ❑ Watershed Areas ❑ Butte Creek ❑ Cherokee ❑ Big Chico Creek ❑ Wyman Ravine Study Area ❑ Little Chico Creek ❑ Rock Creek Study Area ❑ Sacramento River Conservation (SB 1086) ❑ WP Overlay Zone Area Essential Services 0 Public Water District Public Sewer District ❑ Well(s) ❑ On-site Sewer If well and/or on-site sewage disposal, has Environmental Health determined the application filing requirements? Pre -application review complete ❑ Pre -application review not required ❑ Drainage District/CSA ❑ Fire,District Butte County ❑ El Medio Fire District ❑ Federal Aid Road(s) ❑ Other Permits required from other agencies ❑ Department of Water Resources (DWR)/ Reclamation Board ❑ Department of Fish and Game (DFG) ❑ CALTRANS ❑ Regional Water Quality Control Board ❑ Army Corps of Engineers ❑ Butte County Air Quality Control District Other 5VTr& (a pews nnj Co,, +-o k Comments: Version: 9/28/99 CAMy DocumentsTROJECT REVIEW CHECKLIST.doc Agency Special Review ❑ Office of Mine Reclamation ❑ HCD (Mobile Home Parks) ❑ Department of Fish and Game ❑ Other 11111.11111111111111111111111111 02830�04000 WI LI MS JIMMY & CHRISTINA 1639 5TH AVE OLIVEHURST CA 95961 028061003000 OXLEY SHERIDAN 128 BROWN BLVD OROVILLE CA 95966 IIIII111111111111111111111111111 028�6Ao1(ipoo AN RADE TRINIDAD 209 BROWN BLVD OROVILLE CA 95966 11111111111111111111111111111111 028062024000 CATES CLAUDE & DONNA M 4BUEHLER OROVILLE CA 95966 II111111111111111111111111111111 910000139000 cv p-o3o-o sr AKINS PAUL D & NANCY L 59 PHEASANT LANE OROVILLE CA 95966 064 -0 b (-o l� Yin � go f�,�cx,,,r, , Bim• Q�►o�,P v4 Rs Qco ro 'II111111111111111111111111111111 028030041000 JARA RAFAEL C & MARIA A 1201 LOWER HONCUT RD OROVILLE CA 95966 11111111111111111111111111111 028061004000 OXLEY IRENE M 168 BROWN BLVD OROVILLE CA 95966 IIIIII11111111111111111111111111 028062013000 BARLOW WILLIAM DUARD POBOX 62 CHICAGO PARK CA 95712 11111111111111111111111111111111 028062025000 LEE JOHN W & GEORGIA M 18474 EASY ST PENN VALLLEY CA 95946 II111111111111111111111111111111 910024540000�- GONSALVES DIXIE LEE 163 BROWNS BLVD OROVILLE CA 95966 na -0/C/ t.Xxll I CSA 9 L3ce a 111 111 11111111111111111111111 .028�61�002 0 140L/l/ GILBEII�RT MARY B,SS 1161 ANGMAR CT ��2� O�pS SAN JOSE CA 95121 G✓".� 03 0 11111111111111111111111111111111 028061016000 HARVEY VIRGIL & SHARON 14 BROWN BLVD OROVILLE CA 95966 III 11111111111111111111111111111 028062015000 WIMBERLY CHARLES E & PATRICIA A 45 WASHBOARD LANE-HONCUT OROVILLE CA 95966 11111111111111111111111111111111 028062029000 KECK DOROTHY 1273 MIDDLE HONCUT RD OROVILLE CA 95966 oa�'-Oca�^ o�Ce (09 OQoce o3t� AV- V .� �L/ ,. — Go►-t 3a, Til i, �d ff _ V &--T— OoMal (A J , aA,l ti -10 -C4 ke Ala —027 ✓ ae-IOL X28 - OIo2 ©1 (P N -P C ' !bdv�� Q 28 - 61 - ! O D 2 pp3 ox LE y � i o x L -c ------------ i� vs &I 14 Y � • s 1 r 51 �, • v P' jJOTI�^l ,,�PPLI `1 La O S 06E 016 000 STATUS: A FIRST FINANCIAL CORP HOUSEHOLD FINANCE CORP 931 CORPORATE CENTER DF POMONA CA 91769 95712 Ls 028 030 004 000 STATUS: f - FIRST FINANCIAL CORP HOUSEHOLD HOLD F"INANCE": CORP 931 -:ORPORATE=. CENTER DEQ: POMONA CA 91769 91:362 L: 028 030 038 000 0 E=TATUSa A AK I NS PAUL. D & NANCY LYNN PATRICIA A 59 PHEASANT LN OROVILLE CA 95966 Li 028 030 041 000 STATUS: A JARA RAE- AE: L._ C & MARIA A 1201 LOWER HONCUT RD OROVILLE CA 95966 Lu 028 061 002 000 STATUS: A GILBERT MARY B ETAL NEUK I RCHNER SHARON E 1 633 , H'YACIN'TH LN SAN JOSE CA 95124 L: _ 028 061 ►'f►j 3 000 STATUS g A OXLEY SHERIDAN 128 BROWN BLVD OROVILLE CA 95966-9611 L: 028 061 c%►lfVii• 000 STAT! ►S A OXLEY IRENE M 160 BROWN BLVD OROVILLE CA 95966 LK 028 061. 016 S%SSc 0 STATUS: : A HARVEY V I RG I L & SHARON 14 BROWN BLVD OROVILLE CA 9� X966 Lc 028 061 019 000 0 STATUSn A GORE MICHAEL. & ALICIA GORE MATT I E MARIE (LE) 180 BROWN BLVD OROVILLE CA 95966 0 Li 028 062 010 000 STATUS: A ANDRADE TRINIDAD ETAL_ 209 BROWN BLVD OROVILLE CA 95966 L: 028 062 012 000 STATUS: A GONSAL.VES DIXIE LEE 163 BROWNS BLVD OROVILLE CA 95966 L: 028 062 013 oJt; 0 STATUS: A BARLOW WILLIAM DUARD C/O L _OCATE.LL I ALDOL PH P 0 BOX 62 CHICAGO PARK CA 95712 L: 028 062 014 000 ST ATUS i A YOUNG JOSEPHINE C/O HUMPHREYS W A 1682 SHETLAND PL_ WESTLAKE:: VILLAGE CA 91:362 L: 028 062 01.5 SE 00 3TA'TUS N A W .I MBERL.Y CHARLES E& PATRICIA A 45 WASHBOARD LANE—HONCUT OROVILLE CA 95966 L: 028 062 024 000 STATUS, A CATES Cl.._AUDE & DONNA M 4 B ►EHLER OROVILLE CA 95966 La 028 062 025 000 ST ATUS e A LEE JOHN W & GEORGIA M 18474 EASY ST PENN VAL.-LLEY CA 9594 L: 028 062 029 000 STATUS: A KE.CK DOROTHY 1273 MIDDLE HONCi T RD OROVILLE'-.- CA 95966 Lo 028 062 030 i%ii% 0 STATUS; A I VERSON STEPHANIE L.. ETAL 19 BROWN BLVD OROVILLE CA 95966 Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING September 12, 2003 Robyn Kissler 163 Brown Blvd. Oroville, CA 95966 Re: Use Permit, UP 00-03, APN: 028-062-016 Dear Ms. Kissler: At the regular meeting of the Butte County Planning Commission held a meeting on September 11, 2003, revocation of a Use Permit 00-03 for a dog kennel was denied. The property is zoned AR - 1 (Agricultural -Residential, 1 -acre parcels) and located at 163 Brown Boulevard in Oroville. Should you desire to appeal this decision you must do so, in writing, prior to 5:00 p.m., Monday, September 22, 2003, to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. Should you have any questions regarding this matter, please contact Craig Sanders at 538- 7603between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn`Richardson Planning/Administrative Services Support Assistant cc: Land Development, Environmental Health, CDF, Building Division �� �I p3 l� V,�A ."J Z :-At r -P 't � ♦ J � � :' ��� J .. ti � � � 't t •• a ��' � •�.�.��'tr ' � : J_,� '. c `� i •. �� fi f! r� ' -cos; f .,� t✓•,� t ,�, � �, ,_, r r yi „J rr � 'tr rk. �� ! � r SFS.. � • .? bf + � >�sj� a 'S' - •,.' • r F yz'i �� 1 ..d , H a t r., "p ;�,dtri.• t (t, - 1f1 �` �Y •it rl," t, .l < tic,i �?�o UlAc.-tom '�?:�••.�-, . � �'�1f � � �--..��n 0��"` � �, �R :4i+{ a�`t.�l i 3i r k i O.+r �+ry *�� � f• 11r� �! 8 . ��� � �� ��1� ' •.`y �,S ;� , t.�-' ��,,,:+a a„ ,'`� � , f . t,- •�a ;,.ice ` r jb�. ',M.cr�}7c:J�" �l ' N''Y y�,IP� t i x F+F iM" i ; 'A r1 ••�, 'i? JV`� r+l �•rt. T! ! '' 1�`�l tt+i'.• r r it - a r ry�..rSri� ^'i.' r !ii T !`f i - 1F'YrFt ! . , Y' + - ! •t�+'/l:'r �. .. l .'.. • r'�- .: -- :+aX+i`+I _ t c : i Y . A ,; j?•• !+� 3 r 4Ff► st, �? ;j : r t ' r r * y !f s,, s't 1 ►J. t.�1+`tj'� : . r r if �y ti �•.` Irl: f�FTM�,v. x'.� i,�;�r(L�;� r y{ ��e'Ki' .c a ' � .yS.4'rr•-: ; •' f ' z y:1�i+t rye=�� tr' `3 �`4Y �t:� ," 1 x t jCi . •+� �A + r r k f ,.^'alF•1I17 [, At 77 iy1 y,^:r 1 irL},I !➢iST+tt�r 3i^ �`����'S��`;Mk` �F'�'�, �. t�"" �� *'•.;fdy��!!'��'�;'•p#'��='� Ox �r:.Li�h U` •• ;3 r �:J'::. '� ju �l'ti�9��'i:`y.�er�'''��� "•p-��lr•r+t• to i _y � 5•555yAilti J.+c .F� � r r r,� 1! Yfy. ,; ;yam' _ .1 ,'`, .••;�r�t ''1�v ;��1y .'� ' .r ��� I� .' 1` ti. ... r F� - � r qtr 1 *� ` 1`w JJ:�T�• � �. jv i J •t a is ., r •fir 1 \ .1 � <!''1 ')rte � J ��^•" .. .. b 0 • =;ON I. On Yz Or, 71 71j 4? ys Page 1 of 1 Breedon, Dan From: Breedon, Dan Sent: Thursday, April 24, 2003 1:20 PM To: Sanders, Craig Cc: Baker, Joseph ' Subject: Kissler Craig, Joe asked that I sit in on this application at the Planning Commission. The PC continued the revocation hearing until July 24, 2003. Wendy Castillo testified that she visited the site yesterday and found the problems largely rectified, except for the installation of the septic, which was delayed because of the late spring rains. The PC felt that by continuing to July 24 it should dry out enough to allow for the installation of the system. Dan Breedon, AICP Principal Planner Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 530-538-7629 FAX 530-538-7785 email: dbreedon a()buttecounty.net 4/24/2003 Eutte Count FA LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE' - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 January 27, 2003 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: At the regular meeting of the Butte County Planning Commission held January 23, 2003, the public hearing was continued open to April 24, 2003, at 9:30 a.m. to consider revocation of our application for a An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs.. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville California. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Bformskontinue.Gm BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January 23, 2003 Applicant: Robyn Kissler/Department of Development Services File #: UP 00-03 Request: A hearing to consider revocation or modification of Use Permit 00-03 which permitted the establishment of a private kennel for up to 30 dogs over the age of 4 months of age. G.P.: Agricultural Residential Zoning: AR -1 Agricultural Residential 1 -acre minimum parcel size APN: 028-062-016 Location: Located on the north side of Brown Boulevard, approx. 900 feet west of Palermo Honcut Highway, Honcut. Parcel Size: 18.45 -acres Planner: Craig Sanders Supervisor District: 1 Attachments: A B C E UP 00-03 Vicinity Map Environmental Health Letter 11/07/02 Dept.of Development Services Letter 11/06/02 Site Plan SUMMARY: Staff recommends that the Commission revoke Use Permit 00-03 subject to the findings contained herein. PROJECT BACKGROUND: A Use Permit was first granted for this property on December 17, 1996. UP96-15 permitted a private animal shelter/kennel for up to 54 dogs, 5 private pets and 49 "rescued" dogs. The Use Permit specified that the dogs had to be stray, abandoned, or abused animals and that the kennel was not to be for breeding or boarding purposes. The current property owner purchased the property with the intent of raising her own dogs for show and began operating a kennel on the site without the benefit of a kennel license or a valid Use Permit due to the restrictive conditions of Use Permit 96-15. On August 31, 1999, Robyn Kissler applied for a Use Permit amending UP 96-15, reducing the number of dogs from 54 to 30 and removing the restriction that the dogs must be strays, abandoned or abused in order to be on the site. Use Permit 00-03 was approved by the Board of Supervisors on appeal May 30, 2000. Because the kennel was already in operation at the time of approval, the Board of Supervisors included specific timelines for the applicant to meet some conditions. Below is a list of all conditions attached to Use Permit 00-03 and the status of each condition. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE I ■ • 0 Because the kennel was already in operation at the time of approval, the Board of Supervisors included specific timelines for the applicant to meet some conditions. Below is a list of all conditions attached to Use Permit 00-03 and the status of each condition. 1. The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. The number of dogs on the property has not been an issue but a valid kennel license has never been issue for the site due to non-compliance with other conditions. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. Vegetative screening has been maintained but the kennel has not been relocated in accordance with the approved site plan. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. Based upon an inspection performed by Animal Control where 7 dogs were observed outside of the kennel and unleashed, it appears that this condition may not be being followed. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. No noise complaints have been logged with the Butte County Department of Development Services. The Butte County Animal Control has not identified noise as a problem with this kennel. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. The kennel has not been relocated as depicted in the approved site plan. It has now been two years and seven months since the Use Permit was approved. Public Works Department Conditions: ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 2 0 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. Brown Boulevard has not yet been paved to the driveway entrance so no additional work is required at this time. Fire Department Conditions: 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. The Butte County Fire Department has not inspected the site for compliance with this condition. Environmental Health Division Conditions: 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. To date, a septic system has not been installed. The Use Permit was issued July 26, 2000. The septic system was to have been installed by July 26, 2001. An application for a septic permit was only recently received by the Butte County Environmental Health Division on October 28, 2002. Inspections by Butte County Animal Control indicate that animal wastes are not being disposed of in the manner required by this condition. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. Kennel inspections have been performed at regularly required interval. Deficiencies have been identified but haven't been corrected. These issues are primarily related to a lack of proper sanitation practices. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 ■ • • A kennel license has never been issued for this operation. Butte County Animal Control received an application for a license immediately after the issuance of the Use Permit but could not issue the license due to improper sanitation conditions related to the disposal of animal wastes. Subsequent inspections continually revealed deficiencies in sanitation practices to the degree that a license could not be issued. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. No issues with this condition at this time. 12. Applicant shall obtain required building permits. The Butte County Building Division has not received any permit applications for the work needed to convert the barn/shed into a kennel structure. ANALYSIS: The applicant has clearly not complied with the conditions of the Use Permit. Particularly conditions 3, 5, 8, 9, and 10. More than 2 %z year have passed since the permit was approved and the applicant hasn't made significant progress towards accomplishing what they agreed to do: Relocate the kennel and construct new facilities that include concrete pads designed to drain to a septic tank and leachfield. In addition, based on Butte County Animal Control inspections, the applicant has not maintained the sanitary condition of the kennel to a level acceptable to Butte County Animal Control. The use on the side is clearly in violation of the terms of Use Permit 00-03. Butte County Code Section 24-65 addresses the County's options with dealing with violations of a Use Permit and the section is presented below: SECTION 24-45.65 VIOLATION OF TERMS OF USE PERMIT (a) It shall be unlawful to establish, continue or maintain any use for which a Use Permit is required pursuant to the provisions of this Chapter, unless and until a Use Permit therefore is obtained and in effect. (b) It shall be unlawful to violate any of the terms or conditions of a Use Permit. (c) Violations may be charged as either an infraction or misdemeanor. (d) Whenever any alleged violation of the terms of a Use Permit is brought to the attention of the Director of Development Services, he or she shall, after determining that a violation does exist, give the permittee a written notice to comply within thirty (30) days. Said notice shall be sent by registered mail, return receipt requested, and the thirty (30) day period shall commence with the date of mailing notice. If the permittee does not comply within the thirty (30) day period, the Director of Development Services shall place the question of the revocation of the Use Permit on the agenda of the next regular Planning Commission meeting. (e) Any Use Permit may be revoked if any of the terms or conditions of such Permit are violated or if any acts 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 4 0 or omissions of the permittee in connection with the use authorized by said permittee constitute a public nuisance. The Planning Commission shall set a date for hearing to be held before it on any proposed revocation. Notice of said hearing shall be advertised and noticed pursuant to Government Code Section 65905, and notice of said hearing shall be given to the permittee by registered mail. Notice of the time and place of said hearing shall be sent to the permittee by registered mail, return receipt requested, at least ten (10) days prior to said hearing. The Planning Commission may continue the hearing from time to time. Based upon the evidence presented at the hearing, the Planning Commission may revoke or modify the Use Permit. (f) The decision of the Planning Commission may be appealed as provided in Section 24-45.30 above. (g) If the final decision of the Planning Commission or Board of Supervisors, as applicable, is to revoke the Use Permit pursuant to this Section and the use continues even though the Use Permit has been revoked, the Director of Development Services shall report such facts to the Board of Supervisors and to the Office of the District Attorney and County Counsel for appropriate action. Evidence necessary to litigate the violation shall be submitted by the Director of Development Services to the District Attorney and County Counsel in a form and with a content approved by them The applicant was notified of the above violations in accordance with the process stipulated in Butte County Code Section 24-65 (d). A Registered letter was mailed on November 6, 2002, providing the required 30 -day notice. The applicant has not contacted the Department of Development Services and no progress has been made to comply with the violations. The Commission has the option of revoking or modifying the Use Permit. In this instance, staff recommends that the Commission revoke Use Permit 00-03 due to the applicant's unwillingness to comply or cooperate with the County in meeting the conditions of the permit. However, the Commission can consider modifications to the permit that it feels would be appropriate to ensure public health and safety as well as neighborhood compatibility and still allow the use to continue. For example, a reduction in the number of dogs could result in the condition for a septic tank and leachfield system to be unnecessary. CEQA ISSUES: The revocation of this Use Permit would result in the cessation of a use, not the granting of a new use, and is not a project under CEQA. ACTIONS FOR CONSIDERATION: I. Revoke Use Permit 00-03 (Robyn Kissler) base on the following findings: A. Conditions 3, 5, 8, 9, and 10 of Use Permit 00-03 have not bee complied with. B. Use Permit 00-03 allowed the applicant 12 months to comply with Conditions 5 and 8. Two years and seven months have passed since the Planning Commission approved and the conditions have still not been met. C. Use Permit 00-03 allowed the applicant 90 days to comply with Condition 10. Two 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 5 ■ 0 0 years and seven months have passed since the Planning Commission approved and the condition has still not been met. D. The ongoing use of the property in its current state represent a health and safety hazard due to a lack of proper sanitation practices for the removal of animal wastes and that the applicant has not demonstrated an ability or wiling ness to comply with the Conditions of UP 00-03. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 6 ■ ®r t, go 9w -I_ f 14lln ,-_-u Fr - k,7 7� 77' Alf 0 F� -11 Y.5�� I I It. oy -Ar 'v Wil V07 'Ai fey ► .� / ��' I j • i / �b (+ � If}j! ! � ' 'Ttr"' �i:'iCN�� }e\��Yi I ✓ . 1� �. � �I a I /• •' ,✓ // ` � • � / 14 Nor-, • 9 44= �,, .- n '� ��` � ` ff 44 �•'k �: t f � sem' � i ��" t3y � 1111 � - }. ' �1 t ` , { , � .;� 1 i� M � *� �,.. . �'J � f'. j, �a g ��, € � . ! i :. ±�i a � � � -. , .� , �4 '� � j i $ �{ �� t 11 ,: � :a � I� � �+ � { i�� �i � � ,j �, �� li� • �,� jvL' 4 �C yy��` ' e�{� '� a. S� . �y T + j ` ! t. 1 �� ; i t 0. t `c J ��]]{{ �1 ��� � } i � C ', � f �'� k � � ' } t iii .. �. .. a i. � _ . � ,� �1r �., re�� I �� _ _� ' � ti .. -war, R1 - !r_ �'�� t 0 • ^�L Vim �..� �`� _may ��(*��J�j � t�H.H�i 1�•�a '� ' ~r � ��' � � S 2 X ��i.''aK+ya��+w? ,_ �'> y .+STy 'l . - fc .�i. � 'rJ.•,K i_. Y. .1i�.. q-4,4 Af ", • (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of _ It BUTTE COUNTY COMMISSN Notice of a Public Hearing. No. t, NOTICIE OF A PUB LC EA . ING , �•, Notice is hereby give, by. -the `Butte ' Q.0 Planning „Commissioi AFFIDAVIT OF PUBLICATION that the„publichursdrn • oublisFied for Thursday Butfe County• •Board of State of California Supervisor's , . Room, County ` Administration SS. Center, 25 County. Cen- County of Butte ter Drive,.Oroville, Cali- fornia; regarding the fol-, lowing item: The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned n was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record The Oioville Mercury -Register That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: Jan. 9, 03. Dated January 9, 2003. at Chico, Calif ia. (Sign e) ,.,::REVIEW ; ;' Robyn Kissler, Revocation of a Use Permit; UP 00-03 (revision.of. UP.99-22), to allow' 'a private: kennel to 'be ;use`d' for4'show dentia' -1 'acre paf6els). The property;'is'located on 'the 7north ?side of Brown-­',`R•Boulevaid, approxkr ately`900`feet West. of Palermo Honcut Hiahwav in.Honcut..APN 00-03)., r � . Y.: 3! iThe above mentioned application is on file and available for public.view- ing at the office ofthe Butte .County Develop-• ment Services Depart rrient, Planning Division; 7 county'.Center Drive, Oroville, California: For information (530)538-7601 (Monday through- Friday,.• ' 8:00 a.m. to 4:00 p.m.) Com- ments may be submitted in writing at Iany 'time prior to :the hearing: or orally at the meeting list - ad above: or, as may ;be continued to a later date. Upon faction ,taken ; by the Planning 'Commist sion. on ;the project'•,an appeal maybe filed,with, the Clerk.of the Board of Supervisors. The appeal. period is.10 days: If jou challenge. the ,,above applications . in_ court, you.may be limited •. to raising only those issues you. or someone , else raised at the public ;hear- ing desciibed in this notice or in;written cor- respondence delivered to the Planning Commis- sion, at or prior to, the public hearing. r BUTTE COUNTY PLANNING .� COMMISSION • F284310. Publish Jan. 9.2003'•:' BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that the public hearing published for Thursday, January 23, 2003, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM NOT SUBJECT TO ENVIRONMENTAL REVIEW 9:30 a.m. - Robyn Kissler, Revocation of a Use Permit, UP 00-03(revision of UP 99-22), to allow a private kennel to be used for show dogs on property zoned AR -1 (Agricultural Residential — 1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above oras maybe continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION To be published in the Oroville Mercury on Thursday, January 9, 2003. ■ Cl to items 1, 2, and 3. Also complete ite7W if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Kobyn Kisslei- 163 Brown Blvd.. R' Oroville, CA A. ❑ Agent ❑ Addressee 1te of Delivery D. Is deliveri(address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No (00 VOID K-' ��O--11104�-r- 'Sirvice Type \ e ❑ ertified Mail ❑ res Mail .la El ❑ Re n�gf ❑ Insured Mail ❑ C.O. 5 — D A? 14. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (T r from service label) PS FW 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 UNITED STATES POSTAL SERVICE First -Class Mail Postage 8 Fe id USPS Permit No. G-1 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 NOV 13 ZOQ� Direct Query - Intranet UMTED STATE POSTZLSERVICE Track/Confirm - Intranet Item Inquiry Item Number: 7001 1940 0005 4479 2960 This item was delivered on 1111212002"M 10 41 / Enter Request Type and Item Number: Quick Search r) Extensive Search 4 xplana�icn�of tjic�: aitd x'fensi�e; 'larch Item Number: • I Subimt'. s Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd-242.d2w/IN4G Page 1 of 1 9 1 RECEIVED JAN 2 2 203 ------------ BUTIT COUNTY DEATLOPSit•;\" r sERVICES 1 1/21/03 Dew Section Signature: .0% e#A-, I Address: I f Enter Request Type and Item Number: Quick Search r) Extensive Search 4 xplana�icn�of tjic�: aitd x'fensi�e; 'larch Item Number: • I Subimt'. s Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd-242.d2w/IN4G Page 1 of 1 9 1 RECEIVED JAN 2 2 203 ------------ BUTIT COUNTY DEATLOPSit•;\" r sERVICES 1 1/21/03 EJ January 16, 2003 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 I L A N D O F N AT U RA L W EA L T H A N D B E A U T Y Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler:: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is a copy of the Agenda Report concerning the possible revocation of your Use Permit 00- 03 to allow a kennel for 30 show dogs. 163 Brown Boulevard. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for January 23, 2003, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: j:\wpdocs\pclts\schedule.mrg 0 . BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January 23, 2003 Applicant: Robyn Kissler/Department of Brown Boulevard, approx. Development Services 900 feet west of Palermo Honcut Highway, Honcut. File #: UP 00-03 Parcel Size: 18.45 -acres Request: A hearing to consider revocation or modification of Planner: Craig Sanders Use Permit 00-03 which permitted the establishment Supervisor District: 1 of a private kennel for up to 30 dogs over the age of 4 Attachments: A. UP 00-03 months of age. B. Vicinity Map.-. C. Environmental Health G.P.: Agricultural Residential Letter 11/07/02 D. Dept.of Development Zoning: AR -1 Agricultural Residential Services Letter 1 -acre minimum parcel size 11/06/02 E. Site Plan APN: 028-062-016 Location: Located on the north side of SUMMARY: Staff recommends that the Commission revoke Use Permit 00-03 subject to the findings contained herein. PROJECT BACKGROUND: A Use Permit was first granted for this property on December 17, 1996. UP96-15 permitted a private animal shelter/kennel for up to 54 dogs, 5 private pets and 49 "rescued" dogs. The Use Permit specified that the dogs had to be stray, abandoned, or abused animals and that the kennel was not to be for breeding or boarding purposes. The current property owner purchased the property with the intent of raising her own dogs for show and began operating a kennel on the site without the benefit of a kennel license or a valid Use Permit due to the restrictive conditions of Use Permit 96-15. On August 31, 1999, Robyn Kissler applied for a Use Permit amending UP 96-15, reducing the number of dogs from 54 to 30 and removing the restriction that the dogs must be strays, abandoned or abused in order to be on the site. Use Permit 00-03 was approved by the Board of Supervisors on appeal May 30, 2000. Because the kennel was already in operation at the time of approval, the Board of Supervisors included specific timelines for the applicant to meet some conditions. Below is a list of all conditions attached to Use Permit 00-03 and the status of each condition. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 1 0 • 0 Because the kennel was already in operation at the time of approval, the Board of Supervisors included specific timelines for the applicant to meet some conditions. Below is a list of all conditions attached to Use Permit 00-03 and the status of each condition. 1. The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. The number of dogs on the property has not been an issue but a valid kennel license has never been issue for the site due to non-compliance with other conditions. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. Vegetative screening has been maintained but the kennel has not been relocated in accordance with the approved site plan. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. Based upon an inspection performed by Animal Control where 7 dogs were observed outside of the kennel and unleashed, it appears that this condition may not be being followed. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. No noise complaints have been logged with the Butte County Department of Development Services. The Butte County Animal Control has not identified noise as a problem with this kennel. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. The kennel has not been relocated as depicted in the approved site plan. It has now been two years and seven months since the Use Permit was approved. Public Works Department Conditions: 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 2 0 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. Brown Boulevard has not yet been paved to the driveway entrance so no additional work is required at this time. Fire Department Conditions: 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. The Butte County Fire Department has not inspected the site for compliance with this condition. Environmental Health Division Conditions: 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator, shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. To date, a septic system has not been installed. The Use Permit was issued July 26, 2000. The septic system was to have been installed by July 26, 2001. An application for a septic permit was only recently received by the Butte County Environmental Health Division on October 28, 2002. Inspections by Butte County Animal Control indicate that animal wastes are not being disposed of in the manner required by this condition. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. Kennel inspections have been performed at regularly required interval. Deficiencies have been identified but haven't been corrected. These issues are primarily related to a lack of proper sanitation practices. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 0 0 • A kennel license has never been issued for this operation. Butte County Animal Control received an application for a license immediately after the issuance of the Use Permit but could not issue the license due to improper sanitation conditions related to the disposal of animal wastes. Subsequent inspections continually revealed deficiencies in sanitation practices to the degree that a license could not be issued. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. No issues with this condition at this time. 12. Applicant shall obtain required building permits. The Butte County Building Division has not received any permit applications for the work needed to convert the barn/shed into a kennel structure. ANALYSIS: The applicant has clearly not complied with the conditions of the Use Permit. Particularly conditions 3, 5, 8, 9, and 10. More than 2 %2 year have passed since the permit was approved and the applicant hasn't made significant progress towards accomplishing what they agreed to do: Relocate the kennel and construct new facilities that include concrete pads designed to drain to a septic tank and leachfield. In addition, based on Butte County Animal Control inspections, the applicant has not maintained the sanitary condition of the kennel to a level acceptable to Butte County Animal Control. The use on the side is clearly in violation of the terms of Use Permit 00-03. Butte County Code Section 24-65 addresses the County's options with dealing with violations of a Use Permit and the section is presented below: SECTION 24-45.65 VIOLATION OF TERMS OF USE PERMIT (a) It shall be unlawful to establish, continue or maintain any use for which a Use Permit is required pursuant to the provisions of this Chapter, unless and until a Use Permit therefore is obtained and in effect. (b) It shall be unlawful to violate any of the terms or conditions of a Use Permit. (c) Violations may be charged as either an infraction or misdemeanor. (d) Whenever any alleged violation of the terms of a Use Permit is brought to the attention of the Director of Development Services, he or she shall, after determining that a violation does exist, give the permittee a written notice to comply within thirty (30) days. Said notice shall be sent by registered mail, return receipt requested, and the thirty (30) day period shall commence with the date of mailing notice. If the permittee does not comply within the thirty (30) day period, the Director of Development Services shall place the question of the revocation of the Use Permit on the agenda of the next regular Planning Commission meeting. (e) Any Use Permit may be revoked if any of the terms or conditions of such Permit are violated or if any acts 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ or omissions of the permittee in connection with the use authorized by said permittee constitute a public nuisance. The Planning Commission shall set a date for hearing to be held before it on any proposed revocation. Notice of said hearing shall be advertised and noticed pursuant to Government Code Section 65905, and notice of said hearing shall be given to the permittee by registered mail. Notice of the time and place of said hearing shall be sent to the permittee by registered mail, return receipt requested, at least ten (10) days prior to said hearing. The Planning Commission may continue the hearing from time to time. Based upon the evidence presented at the hearing, the Planning Commission may revoke or modify the Use Permit. (f) The decision of the Planning Commission may be appealed as provided in Section 24-45.30 above. (g) If the final decision of the Planning Commission or Board of Supervisors, as applicable, is to revoke the Use Permit pursuant to this Section and the use continues even though the Use Permit has been revoked, the Director of Development Services shall report such facts to the Board of Supervisors and to the Office of the District Attorney and County Counsel for appropriate action. Evidence necessary to litigate the violation shall be submitted by the Director of Development Services to the District Attorney and County Counsel in a form and with a content approved by them. The applicant was notified of the above violations in accordance with the process stipulated in Butte County Code Section 24-65 (d). A Registered letter was mailed on November 6, 2002, providing the required 30 -day notice. The applicant has not contacted the Department of Development Services and no progress has been made to comply with the violations. The Commission has the option of revoking or modifying the Use Permit. In this instance, staff recommends that the Commission revoke Use Permit 00-03 due to the applicant's unwillingness to comply or cooperate with the County in meeting the conditions of the permit. However, the Commission can consider modifications to the permit that it feels would be appropriate to ensure public health and safety as well as neighborhood compatibility and still allow the use to continue. For example, a reduction in the number of dogs could result in the condition for a septic tank and leachfield system to be unnecessary. CEQA ISSUES: The revocation of this Use Permit would result in the cessation of a use, not the granting of a new use, and is not a project under CEQA. ACTIONS FOR CONSIDERATION: I. Revoke Use Permit 00-03 (Robyn Kissler) base on the following findings: A. Conditions 3, 5, 8, 9, and 10 of Use Permit 00-03 have not bee complied with. B. Use Permit 00-03 allowed the applicant 12 months to comply with Conditions 5 and 8. Two years and seven months have passed since the Planning Commission approved and the conditions have still not been met. C. Use Permit 00-03 allowed the applicant 90 days to comply with Condition 10. Two ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 5 0 years and seven months have passed since the Planning Commission approved and the condition has still not been met. D. The ongoing use of the property in its current state represent a health and safety hazard due to a lack of proper sanitation practices for the removal of animal wastes and that the applicant has not demonstrated an ability or wiling ness to comply with the Conditions of UP 00-03. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 6 0 USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 00-03 PERMIT NO. 028-062-016 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robyn Kissler is hereby granted a Use Permit in accordance with the application filed: An amendment to Use Permit 96-15 to modify the conditions to allow the. kennel to be used as a private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and to relocate the kennels approximately 50' easterly of their current location in accordance with Exhibit B. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3.: Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be.made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. The terms and conditions.of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed. this level for a.15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. F] Ll 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain required building permits. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Ap licant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Land Development Divisi Building Division Health Department Department of Forestry 3 of Supervisors Chairman UP 00-03 AP 028-062-016 BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18-B County Center Drive 0 411 Main Street Ni 7 County Center Drive November 7, 2002 Oroville, CA 95965 P.O. Box 5364 '� Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895-6512 Robyn Kissler 163'Brown Blvd. Oroville, CA 95966 RE: Septic System for Kennel,163 Brown Blvd., APN 28-062-016 Dear Ms. Kissler, Enclosed you will find your permit to install a septic system for your dog kennel. During the inspection to evaluate the location for the septic system, I noticed that you have already started construction of the septic system by placing a distribution box at the southeast corner of the kennel with a connecting trench to the existing system for the mobile home. Due to the lack of elevation, the distance for solids to travel would prohibit the use of the septic tank for the mobile home. You must install a septic tank closer to the kennel with a delivery system which will not allow surface and storm water to flow into the tank. If you wish to connect to the leach lines for the mobile home, you can do so, but must add 200 feet of leach line to that system. If you have any questions or concerns, please contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist CC: Butte County Animal Control Butte County Planning ECEgWE -O' — 7 2002 eu► E COUifrr PLANNING DIVISION 9 • LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buftecounty.net November 6, 2002 Robyn Kissler 163 Brown Blvd Oroville CA 95966 Re: Use Permit 00-03 Dear Ms. Kissler, As a result of a routine annual inspection of your kennel by Butte County Animal Control on October 17, 2002, it has come to the attention of this Department that conditions 3, 5, 8, 9, and 10 of your Use Permit have either not been completed in a timely manner or are not being met on a continuous basis. The specific conditions and your deficiencies are set forth below. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. This department has been made aware that more dogs than are allowed are left outside the kennel without direct supervision. Based upon a flyer you posted in your neighborhood that stated three dogs were lost and an inspection performed by Animal Control where 7 dogs were observed outside of the kennel and unleashed. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. Based upon inspection, the kennels and dogs have not been relocated. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean. and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. To date, a septic system has not been installed. The Use Permit was issued July 26, 2000. The septic system was to have been installed by July 26, 2001. An application for a septic permit was received by the Butte County Environmental Health Division on October 28, 2002. Inspections by Butte County. Animal Control indicate that animal wastes are not being disposed of in the manner required by this condition. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. Inspections by Butte County Animal/Rabies Control have occurred on a regular basis but deficiencies in sanitation have been observed on more than one occasion. Current inspection does not confirm compliance with stated deficiencies. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. To date, a valid kennel permit has not been obtained. The Use Permit was issued July 26, 2000. A kennel permit was to have been obtained by October 26, 2000. This letter serves as a formal correction notice to the above condition deficiencies. Corrections must be made within 30 days of the date of the mailing notice. Failure to make the required corrections may result in this issue being scheduled before the Butte County Planning Commission for possible revocation of your Use Permit as provided for in Butte County Code Section 24-45.65 (d) and (e), as reprinted below. If you have any questions regarding this letter or the steps you need to take to make the necessary corrections please contact this office between 8:00 am and 4:00 pm, weekdays. SECTION 24-45.65 VIOLATION OF TERMS OF USE PERMIT (a) It shall be unlawful to establish, continue or maintain any use for which a Use Permit is required pursuant to the provisions of this Chapter, unless and until a Use Permit therefore is obtained and in effect. (b) It shall be unlawful to violate any of the terms or conditions of a Use Permit. (c) Violations may be charged as either an infraction or misdemeanor. (d) Whenever any alleged violation of the terms of a Use Permit is brought to the attention of the Director of Development Services, he or she shall, after determining that a violation does exist, give the permittee a written notice to comply within thirty (30) days. Said notice shall be sent by registered mail, return receipt requested, and the thirty (30) day period shall commence with the. date of mailing notice. If the permittee does not comply within the thirty (30) day period, the Director of Development Services shall place the question of the revocation of the Use Permit on the agenda of the next regular Planning Commission meeting. (e) Any Use Permit may be revoked if any of the terms or conditions of such Permit are violated or if any acts or omissions of the permittee. in connection with the use authorized by said permittee constitute a public nuisance. The Planning Commission shall set a date for hearing to be held before it on any proposed revocation. Notice of said hearing shall be advertised and noticed pursuant to Government Code Section 65905, and notice of said hearing shall be given to the permittee by registered mail. Notice of the time and place of said hearing shall be sent to the permittee by registered mail, return receipt requested, at least ten (10) days prior to said hearing. The Planning Commission may continue the hearing from time to time. Based upon the evidence presented at the hearing, the Planning Commission may revoke or modify the Use Permit. (f) The decision of the Planning Commission may be appealed as provided in Section 24-45.30 above. (g) If the final decision of the Planning Commission or Board of Supervisors, as applicable, is to revoke the Use Permit pursuant to this Section and the use continues even though the Use Permit has been revoked, the Director of Development Services shall report such facts to the Board of Supervisors and to the Office of the District Attorney and County Counsel for appropriate action. Evidence necessary to litigate the violation shall be submitted by the Director of Development Services to the District Attorney and County Counsel in a form and with a content approved by them. Sincerely, ,, c Yvonne Director cc: Animal Control Environmental Health Oroville K:\PROJECTS\UPC\KISSLER.UP\Revised Robyn Kisslerl.doc V -• � - .... _... u e oun y _ L A N D O F NATURAL WEALTH A N D BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net November 6, 2002 Robyn Kissler Y � 163 Brown Blvd Oroville CA 95966 ` I Re: Use Permit 00-03 Dear Ms. Kissler, As a result of a routine•annual inspection of your kennel by Butte County Animal Control on October 17, 2002, it has come to the attention of this Department that conditions 3, 5, 8, 9, and 10 of your Use Permit have either not been completed in a timely manner or are not being met on a continuous basis. The specific conditions and your deficiencies are set forth below. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs .shall be left outside the kennel without direct supervision. This department has been made aware that more dogs than are allowed are left outside the kennel without direct supervision. Based upon a flyer you posted in your neighborhood that stated three dogs were lost and an inspection performed by Animal Control where 7 dogs were observed outside of the kennel and unleashed. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. Based upon inspection, the kennels and dogs have not been relocated. Clerk; 16 PMM rD" G (Dom m' estic, i i Tsps Cru, le Oroville, Ca)"�fc.ra 9596599sp 1: 12002 (800)275-8777 04.01,54 PM sales Receipt - — Product sale Unit Final Qescript,on Qty P'ice Price ORO` I, C A Y)966 Cr First 9!,s $ �r)•�7 Res* , v� 'I Deli �'e .oG Retu.z %ecelni X1.75 Ce, :'"`e'a $2 30 Lal,e i Sar" a Gi i3OC`i�G % 4 i6 Ous c oir . Postmark Sunt Retum Receipt Fee (Endorsement Required) Total: Here Paid cy Restricted°Delivery Fee Clerk; 16 PMM rD" G (Dom m' estic, '5?C I A u S E OORrVILLPA . ,,. ti Cr Postage $ �r)•�7 ))965 r- _r 4 Certified Fee ...,,. 16 r Postmark Lrl Retum Receipt Fee (Endorsement Required) Here C3 p Restricted°Delivery Fee '•� O (Endorsement Required) 11/136/2002 E3 Total Postage fl Fees Robyn Kissler I seftr ro 163 Brown Blvd. ....... rq Street, Apt or PO Box Orovllle, CA ....... O city, State, r� 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. To date, a septic system has not been installed. The Use Permit was issued July 26, 2000. The septic system was to have been installed by July 26, 2001. An application for a septic permit was received by the Butte County Environmental Health Division on October 28, 2002. Inspections by Butte County Animal Control indicate that animal wastes are not being disposed of in the manner required by this condition. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. Inspections by Butte County Animal/Rabies Control have occurred on a regular basis but deficiencies in sanitation have been observed on more than one occasion. Current inspection does not confirm compliance with stated deficiencies. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. To date, a -valid kennel permit has not been obtained. The Use Permit was issued July 26, 2000. A kennel permit was to have been obtained by October 26, 2000. This letter serves as a formal correction notice to the above condition deficiencies. Corrections must be made within 30 days of the date of the mailing notice. Failure to make the required corrections may result in this issue being scheduled before the Butte County Planning Commission for possible revocation of your Use Permit as provided for in Butte County Code Section 24-45.65 (d) and (e), as reprinted below. If you have any questions regarding this letter or the steps you need to take to make the necessary corrections please contact this office between 8:00 am and 4:00 pm, weekdays. SECTION 24-45.65 VIOLATION OF TERMS OF USE PERMIT (a) It shall be unlawful to establish, continue or maintain any use for which a Use Permit is required pursuant to the provisions of this Chapter, unless and until a Use Permit therefore is obtained and in effect. (b) It shall be unlawful to violate any of the terms or conditions of a Use Permit. (c) Violations may be charged as either an infraction or misdemeanor. (d) Whenever any alleged violation of the terms of a Use Permit is brought to the attention of the Director of Development Services, he or she shall, after determining that a violation does exist, give the permittee a written notice to comply within thirty (30) days. Said notice shall be sent by registered mail, return receipt requested, and the thirty (30) day period shall commence with the date of mailing notice. If the permittee does not comply within the thirty (30) day period, the Director of Development Services shall place the question of the revocation of the Use Permit on the agenda of the next regular Planning Commission.meeting. (e) Any Use Permit may be revoked if any of the terms or conditions of such Permit are violated or if any acts or omissions of the permittee in connection with the use authorized by said permittee constitute a public nuisance. The Planning Commission shall set a date for hearing to be held before it on any proposed revocation. Notice of said hearing shall be advertised and noticed pursuant to Government Code Section 65905, and notice of said hearing shall be given to the permittee by registered mail. Notice of the time and place of said hearing shall be sent to the permittee by registered mail, return receipt requested, at least ten (10) days prior to.said hearing. The Planning Commission may continue the hearing from time to time. Based upon the evidence presented at the hearing, the Planning Commission may revoke or modify the Use Permit. (f) The decision of the Planning Commission may be appealed as provided in Section 24-45.30 above. (g) If the final decision of the Planning Commission or Board of Supervisors, as applicable, is to revoke the Use Permit pursuant to this Section and the use continues even though the Use Permit has been revoked, the Director of Development Services shall report such facts to the Board of Supervisors and to the Office of the District Attorney and County Counsel for appropriate action. Evidence necessary to litigate the violation shall be submitted by the Director of Development Services to the District Attorney and County Counsel in a form and with a content approved by them. Sincerely, Yvonne hristo er Director cc: Animal Control Environmental Health Oroville K:\PROJECTS\UPC\KISSLER.UP\Revised Robyn Kisslerl.doc ■ Complete items 1, AW 3. Also complete ' A. Received by (Please item 4 if Restricted De ivery is desired. ■ Print your name and address on the reverse C. Signa so that we can return the card to you. ■ Attach this card to the back of the mailpiece, X or on the front if space permits. D. Is delivery ad ss d 1. Article Addressed to: If YES: e OZOAF, Robyn Kissler r 163 Brown Blvd., Oroville, GA 95966' U/(JO 0--03 2. - Article Number (Copy.from service label) from B. Date of Delivery ❑ Agent ❑ Addre ❑ Yes' 51 �� DRi oQ l✓AN " m g Service Type i Cert tified Mail 11 E) ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. q: Restricted Delivery? (Extra Fee) Yes ;Q 9 PS Form'3811; July 1999 t % �i t ` "D`o'mestic Return R,' ' t 102595.00-M-0952 UNITED STATES POSTAL SERVICE Y irst-Class Mail ostage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your nam!, address, and ZIP+4 in this box • COUNTY OF BUTTE DEPARTMENT OF BEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 zz BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that the public hearing published for Thursday, January 23, 2003, in the Butte County Board of Supervisors' Aoom, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM NOT SUBJECT TO ENVIRONMENTAL REVIEW 9:30 a.m. - Robyn Kissler, Revocation of a Use Permit, UP 00-03(revision of UP 99-22), to allow a private kennel to be used for show dogs on property zoned AR -1 (Agricultural Residential —1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. APN 028-062-016 (CS) (UP 00-03) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION To be published in the Oroville Mercury on Thursday, January 9, 2003. USPS, Orovil'.e Groville. California 959659998 01/06/2003 (800)275-8777 11:04:26 AM Sales Receipt Q O Restricted Delivery Fee Prod -,.t Sale Unit Final DescO ption Qty Price Price OROILLE CA 95966 $0.37 First -Class jr Restricted Delivery $3.50 Return Receipt $1.75 Certified $2.30 Label Serial #: 70011940000544723919 Oroville, CA 95966 Customer Postage -$7.92 Subtotal: $0.00 Total: $0.00 Paid by: Bill#: 1000500638795 Clark: 16 Refunds only per DMM P014 Thank you for your business -- Customer Copy s. t ( n, r_3 OR LLFCA '59C I L U S- E 37* ru r,� Postage $ �f ;' o > r% -P ,'. 13 r 65 Certified Fee 16 + ` ` �' Postmark Return Receipt Fee Ln (Endorsement Required)_ fJ�•_ Here Q O Restricted Delivery Fee O (Endorsement Required) Total Posta Robyn Kissler r jr settr To 163 Brown Blvd. 1 rq s�reer, apt: i _ or PO Box A Oroville, CA 95966 O City, State, s N PS Form 3800, January 20C a BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTALHEALTH []18-8 County Center Drive ❑ 411 Main Street7 County Center Drive Oroville, CA 95965 PO. Box 5364 Oroville, CA 95965 November 7, 2002 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895-6512 Robyn Kissler 163 Brown Blvd. Oroville, CA 95966 RE: Garbage Accumulation, Rodent and Vector Harborage, 163 Brown, AP 28-062-16 Dear Ms. Kissler, During the inspection I conducted for your septic system application, I noticed a large amount of solid waste, which included animal feed, a dead bird, an inoperable freezer with rotting meat, bird and animal feces, and other debris inside and around the kennel/bam area. Additionally, the above ground pool was full of water and had a scum of algae on the surface making it a breeding ground for mosquitoes. This is a courtesy notice to advise that you, as owner/tenant of the above-mentioned property, are in violation of Butte County Code Chapter 31 Section 50, which states: The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all solid wastes accumulated on said premises. To prevent propagation, harborage or attraction of flies, rodents or other vectors, and the creation of a nuisance, solid waste, excepting non-flammable inert material shall not be allowed to remain on the premises for more than seven (7) days. Non-flammable inert materials stored on a premise shall not be allowed to become either a harborage for rodents, insects or other vectors, nor a public nuisance. Such inert non-flammable materials, which are not properly stored, shall not be allowed to remain on a premises for more than thirty days. C00TY It is the County's goal to obtain voluntary compliance with the Butte County Code; however, you should be advised that Butte County has an active Code Enforcement program that provides an effective means of enforcement if voluntary compliance is not obtained. Enforcement will be pursued through the issuance of citations, fines, and recording Notices of Violation including a description of the actions necessary to abate the violation You have 30 days from the date of this letter to abate the above problem. If you have any questions concerning this letter please contact me between 8:00 am and 10:00 am, Monday through Friday. Sincerely, r Charlotte Walters Environmental Health Specialist cc: Butte County Animal Control Butte County Planning Butte County Mosquito Abatement d �NDER: mplete items r 2 for additional services. " H mplete items nd 4b. ■ Print your name an address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. y ■Write'Retum Receipt Requested' on the mailpiece below the article number. r ■The Return Receipt will show to whom the article was delivered and the date C delivered. 0 v 3. Article ar E ` MS. 0 (� W dressed to: ,,� &�h S co ° a Z H 5.tTie W l— Q gAWignatu T�N PS Form 3 (Oddressee or I wish to receive the ing services (for an e ral fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 2--,37q- 3�� ❑ Registered [ertified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. DateeY7li feP-,, .7^1 and fee is paid) 11, Decdmber 1994 %P oG - 6.3 (Only if requested rn UNITED STATES POSTA0VICE11111 st Class M stage &Fee id USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 r L A N D O F N A T U R A L W E A L T H A N D B E A U T Y Dear Ms. Kissler, Enclosed you will find your permit to install a septic system for your dog kennel. During the inspection to evaluate the location for the septic system, I noticed that you have already started construction of the septic system by placing a distribution box at the southeast corner of the kennel with a connecting trench to the existing system for the mobile home. Due to the lack of elevation, the distance for solids to travel would prohibit the use of the septic tank for the mobile home. You must install a septic tank closer to the kennel with a delivery system which will not allow surface and storm water to flow into the tank. If you wish to connect to the leach lines for the mobile home, you can do so, but must add 200 feet of leach line to that system. If you have any questions or concerns, please contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist CC: Butte County Animal Control Butte County P g DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18 B County Center Drive ❑ �411 Main Street County Center Drive November 7, 2002 Oroville, CA 95965 PO. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 ' FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895-6512 4 Robyn Kissler 163 Brown Blvd. Oroville, CA 95966 RE: Septic System for Kennel, 163 Brown Blvd., APN 28-062-016 Dear Ms. Kissler, Enclosed you will find your permit to install a septic system for your dog kennel. During the inspection to evaluate the location for the septic system, I noticed that you have already started construction of the septic system by placing a distribution box at the southeast corner of the kennel with a connecting trench to the existing system for the mobile home. Due to the lack of elevation, the distance for solids to travel would prohibit the use of the septic tank for the mobile home. You must install a septic tank closer to the kennel with a delivery system which will not allow surface and storm water to flow into the tank. If you wish to connect to the leach lines for the mobile home, you can do so, but must add 200 feet of leach line to that system. If you have any questions or concerns, please contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely, Charlotte Walters Environmental Health Specialist CC: Butte County Animal Control Butte County P g :Z 2:79 332',118 E Receipt for Certified Mail No Insurance Coverage Provided W DSTIITES Do not use for International Mail POSTAL SERVILE (See Reverse) Sent to % cS t Street and N ma rmL 1 n P. . State an�yz�P Code C;. (OU Gl P� O Postage CD tth E Certified Fee O S$pecial-Delivery=Fee I j Return Receipt Showing to Whom & Date Delivered 4 "".urn Receipt Showing to Whom, z, and Addressee's Address R TOTAL Postage & Fees Postmark or Date RIEW.AlkD LOST..DO..GS $1009-OO.EA* Female Rat Terrier: Color Black and white with tan markings on face, wearing a small chain choke collar, answers to Miss T Loves children, about 10 to 12 pounds. sw Male wear wear �� to Oliver LW -?V ier:Lor whitewA Ub tan Lul off, out3r8'po*ds. SEW Ag a -black anal gain colla; aboM 20 pounds. $1.0'0.00-... REWARD 533-9527 or 693-208-1 • • LOST DOGS �b DATE LOST DATE REPORTED l DATELOS DATE REPORTED M ED BREE N/ CO NAM COLOR �1 NAME SEX ALTERED N A SEX ALTERED -N4/ /9 E ( � COLLAR Y0 TAG COLLAR TA (DESC ION)DISTINGUIHARACT \CRI"ION) STICS DISTINGUISHING RACT STICS LOST NEAR (INCLUDE C STRE T) LOST NEAR (INCLUDE/S S\SE-1)�. Y, G2�'l 4 OWNER/NA-Q&�A OWNERSNAOWNERS OWNERS A ESS iOf Ca mPHO � r?-�- `OL PHONEMCI 1� MESSA PHONE ME AGE PHONE DATE LOST DATE RyE,P�ORTED � 4 DATE LOST 1 DATE RE r�RTED BREED �-1CS BRE R+ O� OR NAME � COLO C3 NAME //T� �� �- QI SEX m ALTERED Y/N AGE SEX ALTERED Y GE I COLLAR SNUtj,)chI afj TAGS COLLAR T S (DESCRIPTION) (DES IPTION) DISTINGUISHING CHARACTERISTICS DISTINGUISHIN HARA RISTICS LOST NEAR (INCLUD ROS TREET) LOST NEAR (INCLUDE CROSS STREET) OWNERS NAX;< ? `C\IA OWNER/NE 'OWNERS ADDRESS OWNERSS C) L �b PHONE PHON�j MES GE PHONE MESSAGE PHONE ' USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS 6 DATE: (Certified Mail Rec.) UP 00-03 PERMIT NO. 028-062-016 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robyn Kissler is hereby granted a Use Permit in accordance with the application filed: An amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a. private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and to relocate the kennels approximately 50' easterly of their current location in accordance with Exhibit B. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the . countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be.made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two -years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services: Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A' site inspection of the new facility shall be conducted by the Butte County . Development Services Department, Planning Division when it is completed. Public Works Department Conditions: 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7.. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the .dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. K • 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local .ordinances, statutes, and regulations. ` 12. Applicant shall obtain required building permits. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit; and that I agree to abide fully by said conditions. Dated: ori Ap licant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. ounty Bard of Supervisors CC: Land Development Divi Building Division . Health Department Department of Forestry e _ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 August 18, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 CERTIFIED MAIL Re: Use Permit, AP 028-062-016, UP 00-03. Dear Mrs. Kissler: Enclosed is your validated Use Permit No. UP 00-03 to allow An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. located at 163 Brown Boulevard. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, . Tammie Powell Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Robyn Kissler, UP 00-03 DATE: August 18, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 028-062-016, was: Rezone from to zoning district. Granted a variance to A Issued a conditional Use Permit An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs., 163 Brown Boulevard,AR-1 (Agricultural Residential) APPENDIX G •� 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 028-062-016 2. NAME AND ADDRESS OF PROJECT APPLICANT: Robyn Kissler, 163 Brown Boulevard,Oroville, CA 95966 3. DESCRIPTION OF PROJECT: An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. 4. LOCATION OF PROJECT: 163 Brown Boulevard 5. MITIGATION MEASURES: Attached 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: --X- Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: May 30, 2000 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. -.X- We fmd that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Dolan, Clihir Cooarfr o rvisors Mitigation Measures: The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise.levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date Oof Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. June 1, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: W ,quit¢ C. LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held May 30, 2000, the appeal of the Planning Commission's approval of a Use Permit to allow an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs was denied and the Use Permit approved. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Board of Supervisors. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by certified mail. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Administrative Support Service Assistant Ar i TO: Members of Butte County Planning Commission FROM: Jean Crist, Pres. of "Protect Our Watershed" RE: Vegetation Removal Ordinance DATE: February 2, 2000 ***************************************************************************** It is my understanding that on Thursday, February 10th, you will be discussing and perhaps deciding upon a method of vegetation management for all unincorporated areas of Butte County. At this point in time at least three areas of the county have been affected by irresponsible vegetation removal. Paradise's Skyway entrance, Oroville's land clearance by Mr. Kohrdt, and now Chico's Comanche Creek area. The fact that this has taken place in so many diverse areas shows that an ordinance is needed to protect neighboring property from erosion, as well as preserve local habitat. This is an aesthetic, as well as an environmental problem. When first written, the ordinance for land clearance apparently did have vegetation management written into it, but this was removed by a "citizens" comm. who reviewed and changed it at the time. I respectfully request that you not only involve yourselves with "high visibility" lands on scenic highways, but with all private property OVER ONE ACRE in size, upon which the owner wishes to remove most, if not all, the vegetation. This action MUST demand a permit. Other counties have these regulations. It is time that Butte County adopt such sensible precautions in this county with such natural beauty. Remember, erosion does not only occur on property with scenic value. Also, please remember that population pressures will be causing a lot of problems, not previously encountered in Butte County. Thank you for your serious consideration of the above suggestions. 0 00-147 Continued Public Hearing - Use Permit = Robyn Kissler - consideration of an appeal of the Planning Commission's approval of a Use Permit (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) as an amendment to Use Permit 96-15, to modify the existing emergency dog shelter for 49 dogs to .a private kennel for 30 show dogs, on property zoned A -R (Agricultural -Residential). The property is located on Brown Boulevard in Oroville, and identified as APN 028-062-016 (CBS [File #UP 00-31]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. SUBJECT TO THE REVISED FINDINGS AS DETAILED IN THE STAFF REPORT DATED APRIL 25, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000, DENY THE -APPEAL AND APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96 -15 - AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [5.02]) (3005)(**00) PUBLIC HEARING RECONVENED AT 11:21 A.M. AND CONTINUED OPEN TO MAY 30, 2000, AT 10:30 A.M. BOARD OF SUPERVISORS MINUTES — May 25,2000 s v - RUTTt COUNTY CLERK OF THE BOARD USE ONLY MEETING DATE: BOARD OF SUPERVISORS AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Sharon and Virgil Harvey appeal of Use Permit for Robyn Kissler DEPARTMENT: DDS, Planning DATE: 5/16/00 MEETING DATE REQUESTED: 5/30/00 CONTACT: Craig Sanders PHONE: 7601 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Continued hearing. See attached. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No X 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required). County Counsel's Approval: Yes Nom_ . Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No_x Number of Permanent: Temp Extra Help Previous soaid Action Date: Additional Information Attached: Yes X No Describe: Packet — Memo 0-4160 SPEORL INSTRUCTIONS TO CLE Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget unit Number: ) (Fund Name:_ ) (Fund Number: ) Additional Requested $ Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1.. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Total Source of Funds - $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Transfer Request: Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To 0 SUMMARY: Appellant: Sharon and Virgil Harvey, Applicant: Robyn Kissler appeal of a Planning Commission approval to allow a private kennel to be used for show dogs. This is a modification to conditions for UP 96-15 allowing a private kennel, reducing the maximum number of dogs from 49 to 30 and relocating the kennels approximately 50' easterly of their current location on property zoned AR -1 (Agricultural Residential - 1 acre parcels). The property is located on the north side of Brown Boulevard, approximately 900 feet west of Palen -no Honcut Highway in Honcut. File # UP 99-22 (APL 00-0) APN 028-062-016 (CS) 03 ACTIONS FOR CONSIDERATION: I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels and a Mitigated Negative Declaration is proposed. B. Find that the Board of Supervisors has considered the proposed Mitigated Negative Declaration together with comments received during the public review process. C. Find, on the basis of the whole record before the Board, including the Initial Study and any comments received, that there is no substantial evidence that the operation of a kennel in the proposed location and in compliance with the conditions contained in the proposed Use Permit, that the project as mitigated will have a significant effect on the environment. D. Find that the proposed Negative Declaration with mitigation measures reflects the independent judgement and analysis of Butte County, which is the lead agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with mitigation measures as detailed in the memo dated September 30, 1999. II. The design of the proposed project improvements will not cause environmental. damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Deny Appeal 00-06 and approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. 3. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 5. The existing trees on-site completely screen the kennel from public view Conditions of Approval: Yn 1. The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kerinel license from Butte County Rabies Control Division. fo 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. t,vn 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department; Planning Division when it is completed. 2 1 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain required building permits. • BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - May 30, 2000 Appellant: Sharon and Virgil Harvey Applicant: Robyn Kissler File #: UP 99-22, APL 00-06 Request: Appeal of a Planning Commission approval to allow a private kennel to be used for show dogs. This is a modification to conditions for UP 96-15 allowing a private kennel, reducing the maximum number of dogs from 49 to 30 and relocating the kennels approximately 50' easterly of their current location. G.P.: Agricultural Residential Zoning: AR -1 STAFF COMMENT: APN: 028-062-016 Location: Located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. Parcel Size: 18.45 acres Zone date: April 4, 1998 Project Planner: Craig Sanders, Senior Planner Supervisor District: 1 On March 28, 2000, the Board of Supervisors continued this hearing with direction to the applicants to have a professional noise study prepared to assess the noise impacts of the kennel. In mid-April, the Department of Development Services received a new sound meter capable of taking sophisticated sound readings over time. An update on the noise measurement process was given to the Board on April 28, 2000. Due to the cost of hiring a "sound" professional, the applicant is asking the Board to review and accept sound readings taken by Planning Staff. The condition of the permit regarding noise states: "The kennel operator shall not create average noise levels in excess of 55 dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary." After receiving training on operation of the sound meter, staff visited the Kissler property on two separate occasions April 14, 2000, at approximately 9:00 a.m., and April 24, 2000, at approximately 3:00 p.m. The meter was checked for calibration and sound level readings were taken continuously for approximately 14 minutes and 20 minutes respectively. During the first recorded period there were times when both the birds and dogs were making noise and times when just the birds were active. During the second recording period, there were periods when just the birds were vocally active, just the dogs were barking, and times when both were making noise. There were also times during the second readings that no noise could be ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 1 0 attributed to animals on-site. Measurements were taken at the western property line, along Brown Boulevard, at the point closest to the kennels. Below are tables of the measurements. TABLE 1 The above table shows 18 intervals, most of which were 60 seconds duration (duration column). The first two intervals are readings taken with the calibrator on. Intervals 3 through 14 are sound readings taken at the westerly property line. The column Leq is the average sound level during that minute. Lmax is the maximum sound level during that minute. The Lmin is the minimum sound level during the same time period. Intervals 15 through 18 were taken at another rural location in open grasslands away from any road noise. There was one residence approximately 200 feet away from the measurement point. No significant noise was generated from the residence. As the measurements reveal, the average sound level did not exceed 55 dB during any interval taken at the Kissler's property line. The peak sound level at the Kissler property exceeded 55 dB only during intervals 3 and 9. The lowest sound levels were generally above 40 dB. The L(5) column represents the average sound level that was exceeded 5% of the time, meaning that for 3 seconds during that minute the�sound 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ Date Time Duration Le Lmax Lmin L(5) L(10) L(33) L(50) Interval Meter with calibrator on 114 dB tone 1 14Apr 00 9:06:00 aml 601 1 13.91 39.1 113.9 113.9 113.6 113.4 2 14Apr 00 9:07:00 aml 35.61 1141 113.91 113.9 113.9 113.9 113.9 113.9 Meter located on Brown Blvd. westerly propert line of Kissler 3 14Apr 00 9:07:58 am 60 49.8 59.3 41.8 55.1 53.3 49.1 47.8 4 14Apr 00 9:08:58 am 60 44 51.2 39.6 49.5 48 42.5 41.6 5 14Apr 00 9:09:58 am 60 42.8 47.3 40.2 45.5 44.5 43 42.5 6 14APr 00 9:10:58 am 60 44.1 47.41 40.7 46.7 46.3 44.7 43.6 7 14Apr 00 9:11:58 am 60 44.5 47.4 41.8 46.7 46.2 45 44.3 8 14Apr 00 9:12:58 am 60 45.4 49.3 41.5 47.8 47.2 45.7 45.1 9 14Apr 00 9:13:58 am 60 48.5 56.9 41.4 53.4 52.1 48.2 46.4 10 14Apr 00 9:14:58 am 60 45.9 53.1 42.9 47.8 47.2 46 45.6 11 14A r 00 9:15:58 am 60 48.1 53.41 41.4 51.3 50.3 48.6 47.7 12 14Apr 00 9:16:58 am 60 44.9 49.9 39.7 48.1 47.4 45.4 44.3 13 14Apr 00 9:17:58 am 60 49.6 54.9 43.6 53 52.4 50.4 48.7 14 14A r 00 9:18:58 am 26.5 48.2 54.5 40.7 53.21 52.4 48 45.5 Location 2, away from kennel in rural assland area. 1 home within 600' at approx., 200' 15 14A r 00 9:32:25 am 60 53 61.9 37.5 58.9 58.1 52.4 49.3 16 14A r 00 9:33:25 am 60 46.4 60.3 37.5 51.6 46.3 43.2 41.7 17 14Apr 00 9:34:25 am 60 48.8 57.2 37.7 54.5 53.1 48.7 46.1 18 14A r 00 9:35:25 am 60 491 57.8 36.8 54.5 53 48.7 47.1 181 14Apr 00 1 9:36:25 aml 8.2 .91 51.21 39.91 50.71 50.31 47.81 45.8 The above table shows 18 intervals, most of which were 60 seconds duration (duration column). The first two intervals are readings taken with the calibrator on. Intervals 3 through 14 are sound readings taken at the westerly property line. The column Leq is the average sound level during that minute. Lmax is the maximum sound level during that minute. The Lmin is the minimum sound level during the same time period. Intervals 15 through 18 were taken at another rural location in open grasslands away from any road noise. There was one residence approximately 200 feet away from the measurement point. No significant noise was generated from the residence. As the measurements reveal, the average sound level did not exceed 55 dB during any interval taken at the Kissler's property line. The peak sound level at the Kissler property exceeded 55 dB only during intervals 3 and 9. The lowest sound levels were generally above 40 dB. The L(5) column represents the average sound level that was exceeded 5% of the time, meaning that for 3 seconds during that minute the�sound 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ level exceeded the level in this column. Conversely, for 95% of the time (57 seconds) the sound level was below this figure. The L(10), L(33), and L(50) columns show the data for the sound level exceeded 10%, 33%, and 50% of the time, respectively.. The Sound levels taken at the rural grassland location have a slightly higher average sound levels and higher peaks, as well as lower minimum sound levels. The peaks and higher sound average are directly attributed to one meadowlark approximately 75 feet away from the meter. TABLE 2 The measurements for Table 2 were taken at the same location as the measurements for Table 1, the afternoon of April 24, 2000. The results are slightly different. As in the results in Table 1, no ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ Date Time Duration Leg Lmax Lmin L(5) L(10) L(33) L(50) Interval Meter with calibrator on 114 dB tone 1 24A r 00 15:38:48 601 113.7 114.1 113.7 113.9 113.9 113.7 113.7 24A r 00 15:39:48 26.21 113.4 113.9 99.5 113.9 113.9 113.6 113.4 2' Site readings 3 24A r 00 15:40:21 60 42.5 51 36.8 48.1 46.3 42.1 39.1 4 24A r 00 15:41:21 60 44.3 51.8 38 48.7 47.7 44.5 42.6 5 24A r 00 15:42:21 60 43 51.2 36.9 47.2 45.9 43 41.6 6 24A r 00 15:43:21 60 49.9 57.1 38.3 54.7. 54 50 47.9 7 24A r 00 15:44:21 60 45.6 54.2 37.1 51.8 49.6 44.1 42 8 24A r 00 15:45:21 60 40 47.4 37 45.2 42.1 39.2 38.4 9 24A r 00 15:46:21 60 44 51.4 37.7 47.9 46.8 44.3 42.7 10 24A r 00 15:47:21 60 46.2 57.8 37.3 52 50.5 44.2 41.4 11 24A r 00 15:48:21 60 46.1 55.41 39.1 51.2 49.8 45.5 44.1 12 24A r 00 15:49:21 60 43.8 52.2 37.6 48.6 46.9 43.4 41.7 13 24A r 00 15:50:21 60 44.4 50.8 38.1 48.7 47.9 45 43.1 14 24A r 00 15:51:21 60 47 52.3 3 8.21 51 50.3 47.7 46.1 15 24A r 00 15:52:21 60 45.9 52.1 391 50.7 49.7 45.4 43.8 16 24A r 00 15:53:21 60 47.5 53.7 40.3 51.8 50.9 48.1 45.5 17 24A r 00 15:54:21 60 48.1 56.1 40 53.6 52.3 47.9 44.9 18 24A r 00 15:55:21 60 44.5 52.61 37.6 51.2 50.1 42 40.6 19 24A r 00 15:56:21 60 44.4 50.6 38.9 48 47.3 44.8 43.6 20 24A r 00 15:57:21 60 45.8 55.1 37.1 51.7 50.3 44 42.2 21 24A r 00 15:58:21 60 44.6 52.9 37.4 49.9 48.8 44 41.7 22 24A r 00 15:59:21 601 54.6 62 39.8 60.8 59.8 53.8 50.4 23 24A r 00 16:00:21 601 51.5 59 * 41 38.8 57.9 55.8 51.3 48 24 24A r 00 16:01:21 151 44.3 52.61 38.81 51.21 49 41.6 40.4 The measurements for Table 2 were taken at the same location as the measurements for Table 1, the afternoon of April 24, 2000. The results are slightly different. As in the results in Table 1, no ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ interval exceeded a 55 dB noise average. The highest peak reading was during interval 22. The higher noise levels were directly attributed to the birds or a combination of the birds and dogs. The peak level exceeded 55 dB more times than in Table 1, but there were also periods of lower sound levels than during the first readings(see Lmin columns). These two readings do not conclusively prove that sound levels are never being exceeded by the kennel, but are an indication that the kennel is substantially in compliance with the condition. What is evident from the readings is that the noise level, averaged over a one hour period, will be unlikely to ever exceed 55 dB. A True testing of the condition requires monitoring for at least 1 hour. Staff recommends that a shorter time interval be used and recommends a 15 minute period. Condition number 4 has been modified to reflect this 15 minute period. Staff recommends two options for the Board. First, deny the appeal and approve the Use Permit subject to the proposed conditions. Staff will continue to monitor the noise levels and take action if the average noise exceeds 55 dB. Alternatively, another continuance might be appropriate to allow additional sound level testing at different times and with a longer interval duration. If the Board wishes to deny the appeal, the following actions would be appropriate: ACTIONS FOR CONSIDERATION: I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels and a Mitigated Negative Declaration is proposed. B. Find that the Board of Supervisors has considered the proposed Mitigated Negative Declaration together with comments received during the public review process. C. Find, on the basis of the whole record before the Board, including the Initial Study and any comments received, that there is no substantial evidence that the operation of a kennel in the proposed location and in compliance with the conditions contained in the proposed Use Permit, that the project as mitigated will have a significant effect on the environment. D. Find that the proposed Negative Declaration with mitigation measures reflects the independent judgement and analysis of Butte County, which is the lead agency. E. Adopt the Mitigated Negative Declaration regarding environmental impacts, with mitigation measures as detailed in the memo dated September 30, 1999. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 4 0 • II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Deny Appeal 00-06 and approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified' Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. 3. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 5. The existing trees on-site completely screen the kennel from public view 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 5 ■ • EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS 0 DATE: (Certified Mail Rec.) UP 00-03 PERMIT NO. 028-062-016 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robyn Kissler is hereby granted a Use Permit in accordance with the application filed: An amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and to relocate the kennels approximately 50' easterly of their current location in accordance with Exhibit B. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■ The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB Leq at property lines. If average noise levels exceed this level for a 15 minute period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. Environmental Health Division Condi ion 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 7 0 of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain required building permits. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 8 ■ 1 ' Eatte, 6 LAND OF NATURAL WEALTH AND BEAUTY s PLANNING DIVISION :`r, DEPARTMENT OF DEVELOPMENT SERVICES �" ;• `` '`." s.• 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 f - TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 April 25, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: At the regular meeting of the Butte County Board of Supervisors held April 25, 2000, the public hearing was continued open May 30, 2000, at 10:30 a.m. to consider an appeal of the Planning Commission's approval of a An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs.. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, SII. F/I Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Sharon and Virgii"Harvey I<Aformskontinue. frm BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Appeal of a Use Permit for .Robyn Kissler, File UP 00-03 DEPARTMENT: DDS, Planning Div. DATE: 3/14/00 MEETING DATE REQUESTED: 3/28/00 CONTACT: Craig Sanders PHONE: 7601 REGULAR 'X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See Attached AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help vious Board �ctioq Date: Additional Information Attached: Yes X No scribe aC e L Rev. 1roa SPL INSTRUCTIONS TO CLE Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget Unit Number: ) (Fund Name: ) (Fund Number: ) Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Date Transfer Request: AMOUNT Board Action Required for B -Transfer? Yes No BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From LINE ITEM To To TO To LINE ITEM SUMMARY: Robyn Kissler, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit as an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a private kennel for 30 show dogs, on property zoned A -R (Agricultural Residential). The property is located at 163 Brown Boulevard, Oroville. APN 028-062-016 (CBS) (File #UP 00-03) ACTION REQUESTED: I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures. Said mitigation measures have been modified to address the characteristics of this project and will mitigate the identified environmental effects below significant levels. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711:4(d)(3) and 14 CCR 753.5. is not recommended. III. Deny Appeal 00-06 and approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. 3. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 5. The existing trees on-site completely screen the kennel from public view. Conditions of Approval: The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. . 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any. deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain required building permits. • Agenda Item Form Board of Supervisors Report • TABLE OF CONTENTS ' Attachment A: General Plan and Zoning Map Attachment B: Appeal Letter Attachment C: February 10, 2000, Planning Commission Agenda Report and minutes Attachment D: October 24, 1996, Planning Commissioner Agenda . Report and Minutes Attachment E: Letters supporting the project Attachment F: Initial Study and CEQA memo dated September 30, 1999 Attachment G: UP 96-15. Attachment H: Site Plan PAGE 1 2 3 16 28 34 53 57 0 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - March 28, 2000 Appellant: Sharon and Virgil Harvey Applicant: Robyn Kissler File #: UP 99-22, APL 00-06 Request: Appeal of a Planning Commission approval to allow a private kennel to be used for show dogs. This is a modification to conditions for UP 96-15 allowing a private kennel, reducing the maximum number of dogs from 49 to 30 and relocating the kennels approximately 50' easterly of their current location. G.P.: Agricultural Residential Zoning: AR -1 APN: 028-062-016 Location: Located on the north side of Brown Boulevard, approximately 900 feet west of Palermo Honcut Highway in Honcut. STAFF COMMENT: Parcel Size: 18.45 acres Zone date: April 4, 1998 Project Planner: Craig Sanders, Senior Planner Supervisor District: 1 Attachments: A. General Plan and Zoning Map B. Appeal Letter C. February 10, 2000 Planning Commission Minutes and Agenda Report D. October 24, 1996 Planning Commission Minutes and Agenda Report E. Letters supporting the project. F. Initial Study and CEQA memo dated September 30, 1999 G. UP 96-15 H. Site Plan On February 10, 2000 the Planning Commission approved UP 00-03, a Use Permit modifying UP 96-15; to 1) allowed a private dog kennel, 2) reduced the maximum number of dogs to 30, and 3) allowed the relocation of the kennel on the property. An adjacent property owner is appealing this approval. Staff recommends that the appeal be denied and that the Planning Commission's approval of Use Permit 99-22 be upheld with conditions. This appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing. the Board of Supervisors may consider all applications, parers, maps, exhibits, and staff recommendations presented to he Planning Commission in reaching a decision. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 1 0 BACKGROUND: The Planning Commission approved UP 96-15 in 1996 to allow a kennel on the subject property. The permit was conditioned to require that the kennel only be used as an emergency shelter for stray, abandoned, or abused dogs. The capacity of the kennel was set at 49 dogs but also allowed the owner to have 5 additional dogs as personal pets. When the previous owner abandoned the property, the bank foreclosed and the current applicant purchased the property and moved her dogs to the site. The applicant seeks to use the site to raise Staffordshire Terriers for sale and show and is seeking relief from the condition requiring that the kennel only be used as an emergency shelter. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The project site is an 18.45 acre parcel located in Honcut. The property consists of approximately 12 acres `of olive orchard and 5 acres of pasture area with the remaining area being used for residential uses. The kennel is situated in the olive orchard near the center of the parcel and is approximately 300 feet from the nearest property line. The kennel area currently occupies about 1,000 square feet and consists of individual runs constructed with concrete pads and chain link fencing. The applicant proposes to re -locate the kennels around an existing barn, which will allow each run to have indoor shelter and to more readily accommodate the installation of a dedicated septic system for the kennel. The barn is about 350 feet from the nearest property line. PLANNING COMMISSION ACTION: The primary issue raised at Planning Commission meeting was noise. At face value, the proposal to reduce the capacity of the kennel form 49 to 30 dogs should help reduce the noise problem. However, information presented to the Commission from animal control indicates that the previous kennel never kept more than approximately 30-35 dogs. Complicating the noise situation is the fact that the applicant also raises exotic birds on this site. Currently, there are about 200 birds on the property, located in same area as the dogs. The birds only produce noise during the daylight hours. However, the noise can be heard from locations off the property and neighbors testified that the noise is at times very disturbing. Raising birds is not restricted or regulated in the AR -1 zone. The animal maintenance section of the zoning code allows the keeping and raising of small animals, such as birds, for sale on parcels five acres or larger without a Use Permit. Use Permit 96-15 had a condition limiting the noise level at the property line to an average of 55 dB. The purpose of the condition was to ensure that the noise from the dogs would not be incompatible with adjoining land uses. The same condition will apply to this Use Permit, 00-03. There is an issue of cumulative noise. It is not possible to distinguish the noise generated by the dogs and that produced by the birds. The condition is applicable to all noise generated from the site. The Planning Commission applied the same noise condition, which limits noise from the property to an average of 55dB at the property line, to the present proposal. . The applicant is proposing to construct new kennels in a slightly different location, approximately 50 feet east of the present kennels. The new kennels will incorporate an existing barn to provide ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ interior space for each run. This new location and configuration will help attenuate noise away from the direction of the closest neighbor, to the west. At the Planning Commission hearing, the applicants also offerred to relocate the birds in order to help,reduce the cumulative noise. Another kennel operator in the area was concerned that the conditions imposed on this kennel were not as strict as the conditions imposed on his operation, particularly with respect to sewage disposal and noise mitigation. One of the modified conditions for issuance of this Use Permit is to install a dedicated septic tank and leachfield waste disposal system for the kennel making this approval consistent with other recent kennel Use Permits. The Commission also discussed the issue of dogs being kept in the kennels versus personal pets which may be allowed to roam freely about the property. They addressed this issue by modifying condition 3 to allow up to 5 personal dogs to roam the property as long as they are not permitted to roam off the property. The conditions listed in Exhibit "A" attached reflect the Planning Commissions recommendations and changes. ACTIONS FOR CONSIDERATION: Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures. Said mitigation measures have been modified to address the characteristics of this project and will mitigate the identified environmental effects below significant levels. B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Deny Appeal 00-06 and approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. 3. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 5. The existing trees on-site completely screen the kennel from public view. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■ 0 EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 00-03 PERMIT NO. 028-062-016 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robyn Kissler is hereby granted a Use Permit in accordance with the application filed: An amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and to relocate the kennels approximately 50' easterly of their current location in accordance with Exhibit B. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said.permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■ Conditions of Approval: 1. The dog kennel shall be limited to a maximum of 30 dogs, over 4 months of age, at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. 3. No dogs shall be allowed to roam off of the property. Except for up to 5 personal dogs, all dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. Except for up to 5 personal dogs, no dogs shall be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 5. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all. excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■ County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice daily and wastes disposed of in the existing septic system on-site. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified'deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 12. Applicant shall obtain required building permits. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 7 ■ Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 v-1 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: r LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held March 28, 2000, the public hearing was continued open to April 25, 2000, at 11:15 a.m. to consider an appeal of the Planning Commission's approval of an application for an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs.. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson P lanning/Administrative Support Service Assistant Ar cc: Sharon and Virgil Harvey k:\ f orm s\continue. frm ,/ March 29, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 v-1 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: r LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held March 28, 2000, the public hearing was continued open to April 25, 2000, at 11:15 a.m. to consider an appeal of the Planning Commission's approval of an application for an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs.. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson P lanning/Administrative Support Service Assistant Ar cc: Sharon and Virgil Harvey k:\ f orm s\continue. frm PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 March 14, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, APL 00-06, File #UP 00-03 Dear Mrs. Kissler: The Clerk of the'Board of Supervisors set public hearing for March 28, 2000, at 10:45 a.m. to consider an appeal of the Planning Commission's approval of a an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. 163 Brown Boulevard, south of Oroville. Enclosed is a copy of the complete Board of Supervisors' packet. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Encs. cc: Sharon and Virgil Harvey w/encs. uttecoun =e.� LAND OF f NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 March 14, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, APL 00-06, File #UP 00-03 Dear Mrs. Kissler: The Clerk of the'Board of Supervisors set public hearing for March 28, 2000, at 10:45 a.m. to consider an appeal of the Planning Commission's approval of a an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. 163 Brown Boulevard, south of Oroville. Enclosed is a copy of the complete Board of Supervisors' packet. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Craig Sanders at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Encs. cc: Sharon and Virgil Harvey w/encs. I BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - Applicant: Robyn Kissler File #: UP 00-03 Request: An amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs and reduce the maximum number of dogs from 49 to 30 and to relocate the kennels approximately 50' easterly of their current location. G.P.: Agricultural Residential Zoning: AR -1 APN's: 028-062-016 STAFF COMMENT: Location: Located on the north side of Brown Blvd. Approximately 900' west of Palermo Honcut Hwy., Honcut. Parcel Size: 18.45 acres Zone date: April 4, 1998 Project Planner: Craig Sanders, Senior Planner Supervisor District: 1 Attachments: A. CEQA memo B. UP96-15 C. Agenda report 10/24/96 D. P.C. minutes 10/24/96 Staff recommends approval of the amended Use Permit with conditions and findings. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This project is a request to modify UP 96-15, issued on December 17, 1996, which allows a private kennel for up to 49 dogs. The permit has several conditions, including a condition requiring the kennel to only be used to house stray, abandoned, or abused animals. A new owner has taken over the property and wishes to continue a kennel use by changing the character of the kennel from being used as a shelter for strays to a private kennel for show dogs. Conditions of Use Permit 96-15 must be amended to accommodate this change. In addition the applicant is agreeing to reduce the maximum number of dogs from 54, 49 in the kennel and 5 personal pets, to 30 total. The project site is an 18.45 acre parcel located in Honcut. The property consists of approximately 12 acres of olive orchard and 5 acres of pasture area. The kennel is in the olive orchard near the center of the parcel. The kennel is approximately 300 feet from the nearest property line. The kennel area currently occupies about 1,000 square feet of area and consists of individual runs constructed with concrete pads and chain link fencing. The applicant proposes to re -locate the kennels around an existing barn which will allow each run to have indoor shelter and to more readily ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 1 ■ accommodate the installation of a dedicated septic system for the kennel. The barn is about 350 feet from the nearest property line. ANALYSIS: The existing Use Permit has conditions limiting the use of the kennel on this property as an emergency shelter for stray, abandoned, or abused dogs. The former owner operated the kennel in this manner without a Use Permit from 1990 until 1996, when the current Use Permit was issued. The kennel continued to operate in conformance with the Use Permit until sometime in 1998. The original operator then lost a source of funding and was unable to perform the upkeep of the kennel. The entire property fell into a state of disrepair and eventually it was foreclosed upon. The current owner purchased the property from the bank with the intent of moving her kennel operation to the site. The applicant raises Staffordshire Bull Terriers for show. The applicant previously had her dogs located on a smaller residential parcel adjacent to an elementary school in the Thermalito area. Several complaints were registered with Butte County Animal 'Control over the keeping of the animals at this site. Apparently the kennels on the Thermalito parcel were not well constructed and several times one or more dogs were able to escape and get onto the school grounds. A citation was issued on this site and the applicant was given 6 months to either obtain a kennel license or move the animals. The requested changes to conditions of Use Permit will not create a significant change to the land use on-site. The new operation is still a private kennel. As such, it will not generate traffic like a boarding kennel. Noise may potentially decrease because the maximum number of dogs will be reduced. The applicant is proposing to construct new kennels in a slightly different location, approximately 50 feet east of the present kennels. The new kennels incorporate an existing barn to provide interior space for each run. This new location and configuration will help attenuate noise away from the direction of the closest neighbor, to the west. The new kennel location will be approximately 420 feet from the westerly property line and about 600 feet from the nearest residence. The original conditions of Use Permit 96-15 are included as Attachment `B".' Mitigation measures 1 through 6 have been discussed in Attachment "A" (CEQA memo) and changes are recommended. It is also recommended that the following conditions be eliminated for this request: Condition 7: "All conditions and mitigations listed in this permit do not apply to or restrict the property owner from having a maximum of five (5) personal pets/dogs in addition to the maximum number allowed by this permit." Since this request is for a private kennel for show dogs, all the animals are considered pets and the need for a distinction between types of animals is not required. Condition 8: "The kennel operator shall execute a Hold Harmless agreement with the County." This condition has not been fulfilled. The reason for the condition is riot apparent from information in the file. In addition, this condition has not been applied to other recently approved kennel Use 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 ■ permits. Unless the Commission feels there is a unique liability to the County in granting this permit, the condition should be removed. Condition 14: "This Use Permit is limited strictly to a emergency kennel operation for stray, abandoned, or abused animals only." This condition is the reason for the request to modify the Use Permit and will be eliminated by the granting of the request. All other condition shall remain and apply to the use. Due to the number and concentration of dogs, the Butte County Environmental Health Division recommends that the kennel have a dedicated waste disposal system. The system will consist of an adequately sized septic tank and leachfield to catch runoff and washings from the dog runs and kennel floor. The applicant proposes to construct a completely new kennel pad that is designed to drain into a septic system. The kennel construction is expected to take about a year. The Environmental Health Division is recommending that the new septic system be installed within a year from the approval of this Use Permit amendment. In the interim, the existing kennels will be used and the applicant will continue to dispose of the dog wastes in one of the two septic tanks on the property. The Use Permit has a condition limiting the noise level at the property line to an average of 55 dB. The purpose of the condition was to ensure that the noise from the dogs would not be incompatible with adjoining land uses. The same condition will apply to the amended Use Permit. In addition to raising dogs, the applicant also raises and sells birds. Currently, there are about 200 exotic birds on-site. Based upon a site visit, the birds generate a noise that can be heard from locations off the property. This use is not restricted or regulated in the AR -1 zone. The animal maintenance section of the zoning code allows the keeping and raising of small animals for sale. on parcels five acres or larger without a Use Permit. The issue is one of cumulative noise. With the birds on-site it will become impossible to distinguish the noise level generated by the dogs if the need arises to enforce Condition 4 of the amended Use Permit. The condition doesn't differentiate between noise sources and would, therefore, be applicable to all noise generated from the site. The question becomes should a use that is otherwise permitted on-site be subject to the noise condition of this Use Permit, particularly when the County does not have a noise ordinance? Staff recommends that the Planning Commission leave the condition as worded and consider all noise generated from the site as being subject to the condition. ACTIONS FOR CONSIDERATION: I. Adopt a Mitigated Negative Declaration with the following findings: ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■ A. Find that an Initial Study was completed for Use Permit 96-15 in compliance with the California Environmental Quality Act that can be used for consideration of this project. Said study identified potential significant environmental effects and includes mitigation measures. Said mitigation measures have been modified to address the characteristics of this project and will mitigate the identified environmental effects below significant levels. B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is riot recommended. III. Approve Use Permit 00-03 modifying Use Permit 96-15 to allow a private kennel for show dogs subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: The requested modifications to Use Permit 96-15 do not substantially change the characteristics of the use. 2. The modified Use Permit reduces the total number of dogs allowed on the property from 54, 49 in the kennel and 5 personal pets, to 30 total. The proposed changes to the location of the kennel and the use of the existing barn to house the dogs will help attenuate the noise generated by the dogs. 4. The size of the property and distance from the kennel to the closest residence provide an adequate buffer against excessive noise levels (>55 dB). 5. The existing trees on-site completely screen the kennel from public view. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■ 0 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 00-03 PERMIT NO. 028-062-016 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Robyn Kissler is hereby granted a Use Permit in accordance with the application filed: An amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs and reduce the maximum number of dogs from 54 to 30 and to relocate the kennels approximately 50' easterly of their current location in accordance with Exhibit B. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■ The terms and conditions of this permit shall run with the land and shall be binding upon and be, to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: The dog kennel shall be limited to a maximum of 30 dogs at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and vegetation screening shall be maintained at current levels. All dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. At no time are the dogs allowed to roam freely or be left outside the kennel without direct supervision. 4. The kennel operator shall not create average noise levels in excess of 55 dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. The kennel re -location shall be completed within one year from the issuance of the Use Permit. A site inspection of the new facility shall be conducted by the Butte County Development Services Department, Planning Division when it is completed. 6. Construct a driveway approach on Brown Boulevard to County standards, at such time as Brown Boulevard is paved up to the driveway access. Obtain an encroachment permit for the work as required by the Department of Public Works. 7. Within 90 days of the approval of this permit provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus and is at least 10 feet wide with a 15 foot vertical clearance. Environmental Health Division Conditions* 8. Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washes from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■ The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, the kennels shall be cleaned not less than twice a week and wastes disposed of in the existing septic system on-site. 9. The kennel shall be inspected twice a year by Butte County Rabies Control Division. All cost associated by said inspection shall be paid by the operator. The Planning Division shall be notified of the time of the inspection and informed of any deficiencies in the kennel operation. Identified deficiencies shall be corrected within 30 days or at the discretion the Rabies Control Division. 10. Within 90 days of the approval of this permit obtain and annually maintain a valid kennel license in accordance with Chapter 4, Sections 3 and 4 of the Butte County Code. 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT 0 PAGE 7 0 7 77�&� "PalemMJ3 Vicinity Map Lane UP 00-03 AP 028-062-016 IKISSLIER monfq,Lgine ;D tv wster -PIMB nue to ever Lan RossLane -7. :IX Project Location UP 00-03 AP 028-062-016 IKISSLIER RECEIVED FEB 141000 - BUTTE COUNTY A�.bNG-DI�`f3tOf7— mw �11 II{ '{F fig 1� . fy� 11 utte Count L A N D O F NATURAL WEALTH AND BEAUTY a ' PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 January 25, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP 028-062-016, UP 00-03 Dear Mrs. Kissler: Enclosed is a copy of the Agenda Report concerning your application for a An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. 163 Brown Boulevard. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for February 10, 2000. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. j:\wpducs\pcIts\schedule.mrg �, MKIM A-5 d a A5 d a �oWer "ono o C-1 -1 A-5 A-5 500 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 Feet BUTTE COUNTY PLANNING CONDUSSION Applicant: Robyn Kissler Owner: Same Hearing Date: February 10, 2000 @ 9:30 a.m. Existing Zone: AR -1 (AgriculUwal Residential) N Supervisorial Request: Amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs District # 1 and reduce the maximum number of dogs from 49 to 30. Assessor Parcel No: 028-062-016 File: 00-03 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: January 18, 2000 Project Name: _Robyn Kissler File #: UP 00-03 THIS IS A REQUEST FOR: Number of Meeting Date Copies Black & white reproducible exhibit map PC/Board/DRC 2/10/00 _1 Vicinity Map Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 1/21/00 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period: FILE SAVED AS: J:\WPDOCS\FORMS\REQU EST. MAP (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing. .... ......... ...... ...... AFFIDAVIT OF PUBLICATION State of California County of Butte ss. The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record Oroville Mercury—Register That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: January 21, 2000. I certify (or declare), under penalty of Perjury, that the foregoing is true and correct, at Chico, California. January 21, 2000 DatL\i...................................... :......... ....... ................... at Chto, California. i / In ignatu No ...... C229280 ....................................... BUTTE PLANNING Notice is hereby give -%_he Butte County Planning mission that a public -,hearing will be held on Thursday Febnr- or 10'2000. in the Butte County Board of S"perviso' , Room, County AdmfnIstretlon Center, • 25 County -,Center Drive; Oroville, 'Caliiomla,'re- gardinthe followln� ftem: rermlt as an amendment 4o Use Permit 96.15 to mod'dy.the existing emergency dog shelter for 49 dogs, to a private kennel for 30 show dogs, on property zoned A -R A ricuftural Res( dential). The property is'located at 163 Brown Boulevard, Oro. ville. APN 028-062-016 (CBS) (File #UP 00.03) . The above-menfioned.appii- cation, Initial Study, and.map are on file and available.fof Public viewing at the,Office of the Butte County Development Services Department, Planning Division, 7 County ; CerKer Drive, Oroville, California: For nformation call. (530) 538.7601 Monday through, Friday, ):00a.m. to 4:00p.m. Comments may be'subA_ ed in writing at any time prior o the hearing or orally at the neefing listed above or as may ie continued to a later date. 1pon action taken by the Plan=, ting Commission on the pr )ect ,n appeal me filed with the ,lark of the Board of Supervi- ors. The appeal period is, 10. lays. If you challenge the bove application in the court, ou may be limited to raising my those issues you or some - no else raised at the public earing described in this notice r in written correspondence slivered to the Planning Com- Lh� , at or prior to, the pub. ng. COUNTY PLANNING OMMISSION HOMAS A. PARILO, ' (RECTOR DEVELOPMENT; ERVICES ublish: January 21, 2000 ' 11 Notice is hereby given by the Butte County Planning Commission that a public hearing on, Thursday, February 10, 2000, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:30 a.m. - Robyn Kissler, Use Permit as an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a private kennel for 30 show dogs, on property zoned A -R (Agricultural Residential). The property is -located at 163 Brown Boulevard, Oroville. APN 028-062-016 (CBS) (File #UP 00-03) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Friday, January 21, 2000. November 24, 1999 Robyn Kissler . 163 Brown Boulevard Oroville, CA 95966 RE: Use Permit, File No. UP 00-03 AP#028-062-016 Dear Ms. Kissler: C3atte C L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net On September 14, 1999, our office received an application for a Use Permit accompanied by a deposit in the amount of $700.00. Your project is being processed by our staff on a "real time" billing basis. To date your project has incurred charges totaling $731.75. Butte County Code, Sec. 3-44(c) states, in part, "When the initial deposited funds are depleted to an amount equal to twenty-five (25) percent of the original deposit, no additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit". Due to the complexity of your project, processing to date has exceeded your initial deposit by $31.75. To continue the processing of your project we will require that a check in the amount of $250.00 be mailed or delivered to our office on or before Monday, December 13, 1999. If you have any questions, please contact Brian Larsen Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Thank you for your cooperation. Sincerely, .6 /%-' A Thomas A. Parilo Director of Development Services TAP Jb Attachment j:\docs\refunds\exceeded.wpd BUTTE COUNTY - , DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Dept. of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Robyn Kissler, UP 00-03 DATE: October 5, 1999 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs on property zoned AR -1 (Agricultural Residential) located at 163 Brown Boulevard, identifled as APN 028-062-016. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 19, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Planning Division OCT 07 ®i0111 e, 0 By: Date: l n �Q G 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Planning Commission From: Department of Development Services, Craig Sanders Subject: Environmental document for UP 00-03, Kisssler Date: September 30, 1999 The Department of Development Services received an application to amend an existing Use Permit, UP 96-15, issued on December 17, 1996. UP 96-15 was issued to allow a private kennel for up to 49 dogs. The permit has several conditions, including a condition requiring the kennel to only be used to house stray, abandoned, or abused animals. The previous property owner and kennel operator vacated the site leaving it in a state of disrepair as well as abandoning several animals on the property. A new owner has taken over the property and wishes to continue a kennel use but changing the character of the kennel for being used as a shelter for strays to a private kennel for show dogs. Conditions of Use Permit 96-15 must be amended to accommodate this change. In addition the applicant is agreeing to reduce the maximum number of dogs from 49 to 30. An initial study was prepared and a Negative Declaration with mitigation measures was adopted for Use Permit 96-15 and are attached to this memo. The condition requiring the kennel to be used for stray, abandoned, or abused animals was not a mitigation measure of the previous permit but was applied to give the Planning Commission a way to review changes in the kennel use. As such, the request to change the kennel from an animal shelter use to a private kennel for show dogs does not constitute a change to the environmental checklist or physical characteristics of the use on site. Additional traffic will not be generated and noise levels will not change. The adopted mitigation measures for the previous project are as follows: The dog kennel shall be limited to a maximum of 49 dogs thy one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover'`and vegetation screening shall be maintained at current levels All dogs shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the operators. At no time are the dogs allowed to roam freely of left outside the kennel without direct supervision. 4. The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in a septic tank. The septic tank shall be pumped once a month or as needed or directed by the Butte County Environmental Health Division. 5. All dogs received into the kennel shall be examined within two weeks of reception by a veterinarian and any diagnosed public health concerns shall be remedied, including the dogs being properly vaccinated for rabies. The kennel operator shall maintain a current kennel license from the Butte County Rabies Control Division. 6. The kennel operator shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained 1 hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. The analysis contained in the previous environmental document can be -used when considering this request. Minor changes to the mitigation measures based on the requested change in use are discussed as follows: Mitigation 1 - The dog kennel shall be limited to a maximum of 30 dogs at any one time subject to issuance of a valid kennel license from Butte County Rabies Control Division. Mitigation 2 - No change. Mitigation 3 - No change Mitigation 4 - Based upon new comments from the Butte County Environmental Health Division this mitigation should be worded as follows: "Install a separate waste disposal system for the kennel. The system will consist of an adequately sized septic tank and leachfield to catch washings from the dog runs and kennel floor. A closeable lid must be installed to prevent rainwater from flowing into the system. The kennel operator shall clean and remove all excrement from the kennel as needed to maintain a sanitary environment. The system must be installed under permit from the Butte County Environmental Health Division and shall be completed within 1 year from the date of Use Permit approval. Until the new system is installed, The kennels shall be cleaned not less than twice a week and wastes disposed of in the existing septic system on site." Mitigation 5 -This mitigation is no longer needed. The dogs kept on site will not be strays, and therefore the need for a veterinary check-up is not required. The requirement for a valid kennel license is a statutory requirement and will become a condition of the Use Permit. Mitigation 6 - No change. Use Permit: Dixie Gonsalves, UP #96-15 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent Dixie Gonsalves 2. Address 163 Brown Blvd., Oroville CA 95965 Phone 916 742-5935 3. Name of Proposal, if applicable Emergency Doq Kennel 4. Type of Project Use Permit 5. Project Description and Location of Parcel(s): This request is for a Use Permit to allow a private emergency dog kennel on a 18.45 acre parcel. The kennel has been in existence for several years and has an average population of 36 animals with a potential capacity of 50 animals. The property is located at 163 Brown Blvd. approximately 900 feet west of Palermo-Honcut Highway in the Honcut area. The project site is zoned ARMH-1 (Agricultural Residential -1 acre minimum) and has a General Plan designation of Agricultural Residential. The property is occupied with approximately 12 acres of olive orchard, approximately 5 acres of pasture area, and the remainder is developed with a single family dwelling, accessory buildings and the emergency dog kennel. There is a seasonal drainage swale located on the northern quarter of the parcel. The general area is presently occupied with olive orchards, grazing/pasture lands and rural residential homesites. Surrounding residential units average 650 feet from the kennel location and are visually screened by the olive orchards. The topography is primarily level and without any dominant physical characteristics. Water is provided by private wells and sewer service is provided by septic systems. Access to the parcels is from Brown Blvd. via Palermo- Honcut Highway. 6. Assessor's Parcel Numbers 028-062-016 7. Date Checklist Submitted March 24. 1996 0 Butte County Department of Development Services 0 Planning Division 0 • Use Permit: Dixie Gonsalves, UP #96-15 II. DETERMINATION: On the basis of this initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. _X_ I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. i� e -col 3L2¢Zq(. Completed By: Stephen Lucas, Associate Planner Date ) 4113 Ro Reviewed by: Craig S nders, Senior Planner Datel ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 Use Permit: Dixie Gonsalves, UP #96-15 III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one, impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ■ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services 0 Population and Housing 0 Biological Resources ❑ Utilities and Service Systems ❑ Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality ■ Noise ❑ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis): 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is a draft form of the County of Butte Environmental Checklist (Initial Study) form. It is subject to periodic revisions to comply with the State of California Office of Planning & Research recommended format. ❑ Butte County Department of Development Services 0 Planning Division 0 3 r Use Permit: Dixie Gonsalves, UP #96-15 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant - No Impact Incorporated Impact Impact IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal. a) Conflict with general plan designation or zoning? X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? X c) Be incompatible with existing land use in the vicinity? X d) Affect agricultural resources or _ operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? X e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? X Response: The Agricultural Residential General Plan designation allows for intense animal uses as a secondary use and makes provisions for quasi -public uses. The proposed dog kennel conforms to this criteria in that it is clearly an intense animal use and clearly provides a critical and drastically needed public service function by sheltering and caring for neglected, abused and abandoned animals that burden existing County animal control efforts. The ARMH-1 (Agricultural Residential Mobile Home -1 acre min.) zone does allow for animal keeping as a permitted use, however, past interpretations of animal keeping do not include dog kennels. The zone does specifically allow dog kennels and quasi -public uses with the approval of a conditional use permit. The dog kennel is compatible with the rural residential nature of the area which is characterized by larger parcel sizes, grazing land and animal keeping. The kennel does not create a significant visual, noise or odor impact to surrounding properties due to the large (18.45 acre) parcel size and the location of the kennel being in the middle of the parcel surrounded by an olive orchard on all sides which completely screens the kennel from view. There is a moderate level of noise in the immediate kennel area, however, site investigations have been conducted and noise levels at the property lines were not significant or no kennel related noise was heard. It was observed that the dogs only barked when the kennel was approached by someone other than the operator and when being fed. In either case, the noise levels never reached a significant level off-site. The Butte County Rabies Control Division has indicated that the only three complaints were received by their office in the past six years. All dogs are kept secured 24 hours a day unless being exercised, which is done under the verbal or leashed control of the kennel operator. At no time are the dogs allowed to roam freely or left outside the kennel without supervision. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 4 Use Perntit: Dixie Gonsalves, UP #96-15 i Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The kennels are kept in good condition on concrete slabs, shaded continuously by olive trees, and cleaned on a daily basis. The dog excrement is collected on a bi-weekly basis and disposed in the septic tank in accordance with Environmental Health Division requirements. All the dogs are inspected by a veterinarian, spayed/neutered, and given all appropriate shots including rabies shots. In order to maintain the current level of compatibility with the surrounding area, mitigations will be included that limit the area of the kennel operation to its approximate present location, require the maintenance of tree cover, and that restrict the activity of dogs unless under direct supervision. The kennel shall also be limited to a maximum of 49 dogs which will correspond with the kennel license that will be issued by Butte County Rabies Control Division. Mitigation #1: The dog kennel shall be limited to a maximum of 49 dogs at any one time subject to issuance of a valid kennel license from the Butte County Rabies Control Division. Mitigation #2: The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and other vegetative screening shall be maintained at current levels. Mitigation #3: All dogs are shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the kennel operators. At no time are the dogs allowed to roam freely or left outside the kennel without direct supervision. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X ResaonseJhe kennel operation does not involve any new residential development and will have no impact to either population or housing needs or availability. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? 0 Butte County Department of Development Services 0 Planning Division 0 X X X 0 Use Permit: Dixie Gonsalves, UP #96-15 d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land? g) Expansive soils? h) Unique geologic or physical features? 1 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact No Impact X X X X X Resvonse:The existing dog kennel project does not involve any substantial development of the site and will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. Mitigation: None required. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? C) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? ❑ Butte County Department of Development Services 0 Planning Division 0 6 X X X X X X X Response: The project will not create any substantial impervious surfacing that will result in significant stormwater run-off nor will the kennel require the use of a significant quantity of ground water. The Butte County Environmental Health Division (EHD) was contacted to determine if there was a possibility of groundwater contamination from excrement. The EHD indicates that contamination is not expected because the project can meet EHD requirements for excrement removal. To ensure this possibility is removed, a mitigation is included requiring the weekly removal of all excrement for disposal into the septic system and that the septic system be pumped once a month or as needed. Mitigation # 4: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank. The septic tank shall be pumped once a month or as needed or directed by the Butte County Environmental Health Division. S. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X X X X Response: The kennel operation will not create any excessive dust or significant air quality impacts because the kennel area is concrete and no dust, smoke, or other particulate matter will be created. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity onsite/ offsite? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 Use Permit: Dixie Gonsalves, UP #96-15 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Impacts to groundwater quality? X Response: The project will not create any substantial impervious surfacing that will result in significant stormwater run-off nor will the kennel require the use of a significant quantity of ground water. The Butte County Environmental Health Division (EHD) was contacted to determine if there was a possibility of groundwater contamination from excrement. The EHD indicates that contamination is not expected because the project can meet EHD requirements for excrement removal. To ensure this possibility is removed, a mitigation is included requiring the weekly removal of all excrement for disposal into the septic system and that the septic system be pumped once a month or as needed. Mitigation # 4: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank. The septic tank shall be pumped once a month or as needed or directed by the Butte County Environmental Health Division. S. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? X X X X Response: The kennel operation will not create any excessive dust or significant air quality impacts because the kennel area is concrete and no dust, smoke, or other particulate matter will be created. Mitigation: None required. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? X b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X c) Inadequate emergency access or access to nearby uses X d) Insufficient parking capacity onsite/ offsite? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? X Response: The kennel operation will not create any traffic or circulation impacts because no development is proposed, no employees are required, and traffic to and from the site is not expected to be significant. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: The kennel operation will not impact any biological resources because the facilities are in existence and located in an area previously altered for agricultural production. No additional facilities are proposed and no significant plant or wildlife habitat is found on-site. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X ❑ Butte County Department of Development Services 0 Planning Division 0 8 Use Permit: Dixie Gonsalves, UP #96-15 Potentially - - Significant Less - Potentially Unless Than - Significant Mitigation Significant No Impact Incorporated Impact Impact e) Hazards or barriers for pedestrians or bicyclists? X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? X g) Rail, waterborne or air traffic impacts? X h) Substantial impact upon existing transportation systems, including public transportation services? X Response: The kennel operation will not create any traffic or circulation impacts because no development is proposed, no employees are required, and traffic to and from the site is not expected to be significant. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: The kennel operation will not impact any biological resources because the facilities are in existence and located in an area previously altered for agricultural production. No additional facilities are proposed and no significant plant or wildlife habitat is found on-site. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? X ❑ Butte County Department of Development Services 0 Planning Division 0 8 0 Use Permit: Dixie Gonsalves, UP #96-15 b) Use non-renewable resources in a wasteful and inefficient manner? c) Conflict with the extraction of identified, significant mineral resources? X X Response: The kennel operation will have no impact on the use or availability of energy or mineral resources because no such resources are required of the operation beyond the incremental use of electricity for lighting. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? X X X X X Response: The kennel operation will not create any significant health related impacts. The possibility for dog -human interaction is restricted by mitigations in item 1 that require the dogs to kept secured 24 hours a day. The kennel operator currently has all the dogs at the kennel examined by a veterinarian and the dogs are spayedineutered and given all necessary vaccinations or treatments necessary, including rabies vaccinations. The Butte County Rabies Control Division has indicated that the facility is well maintained and the dogs receive all necessary care to remove a public health concern. To ensure this level of care for the animals and remove any future concerns for the public health and safety, mitigations are added requiring the continued veterinary care to include rabies vaccinations and the continual licensing by the by the Rabies Control Division. Mitigation #5: All dogs received into the kennel shall be examined within two weeks of reception by a veterinarian and any diagnosed public health concerns shall be remedied including the dogs being properly vaccinated for rabies. The kennel operator shall maintain a current kennel license from the Butte County Rabies Control Division. ❑ Butte County Department of Development Services ❑ Planning Division ❑ V Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X Response: The kennel operation will have no impact on the use or availability of energy or mineral resources because no such resources are required of the operation beyond the incremental use of electricity for lighting. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? X X X X X Response: The kennel operation will not create any significant health related impacts. The possibility for dog -human interaction is restricted by mitigations in item 1 that require the dogs to kept secured 24 hours a day. The kennel operator currently has all the dogs at the kennel examined by a veterinarian and the dogs are spayedineutered and given all necessary vaccinations or treatments necessary, including rabies vaccinations. The Butte County Rabies Control Division has indicated that the facility is well maintained and the dogs receive all necessary care to remove a public health concern. To ensure this level of care for the animals and remove any future concerns for the public health and safety, mitigations are added requiring the continued veterinary care to include rabies vaccinations and the continual licensing by the by the Rabies Control Division. Mitigation #5: All dogs received into the kennel shall be examined within two weeks of reception by a veterinarian and any diagnosed public health concerns shall be remedied including the dogs being properly vaccinated for rabies. The kennel operator shall maintain a current kennel license from the Butte County Rabies Control Division. ❑ Butte County Department of Development Services ❑ Planning Division ❑ V Use Permit: Dixie Gonsalves, UP #96-15 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? X b) Exposure of people to severe noise levels? X Response: As discussed in item 1 of this Initial Study, the dog kennel is compatible with the rural residential nature of the area which is characterized by larger parcel sizes, grazing land and animal keeping. The kennel does not create a significant noise impact to surrounding properties due to the large (18.45 acre) parcel size and the location of the kennel being in the middle of the parcel surrounded by an olive orchard on all sides. The average distance from the kennel area to surrounding residential uses 650 feet. There is a moderate level of noise in the immediate kennel area, however, site investigations have been conducted and noise levels at the property lines were not significant or no kennel related noise was heard. It was observed that the dogs only barked when the kennel was approached by someone other than the operators and when being fed. In either case, the noise levels never reached a significant level off-site. To ensure that noise levels do not become a significant impact, mitigations are included that restrict average noise levels at the property lines to 55 dB and require preventative steps to mitigate any noise beyond this level if it becomes necessary. Mitigation #6: The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 11. PUBLIC SERVICES. Would the Proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? X X X X X ResponseJhe kennel operation is existing and will not result in any significant impact to public service providers because the property can be effectively served at existing levels. The kennel will reduce the strain on limited County animal control efforts and provide a much needed public service that is supported by the Butte County Rabies Control Division. Mitigation: None required. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 10 • Use Permit: Dixie Gonsalves, UP #96-15 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or substantial alterations to the following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution facilities? X d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: The kennel operation will not require any significant usage of power, natural gas, communication systems, solid waste disposal or other public service. As discussed in item 4, there will be an increased use of the residential septic system on-site and this system will be required to be pumped on a regular basis to ensure its efficient use. The sludge will be disposed of at the County landfill where a fee is collected for its disposal. These fees are designed to offset the cost of providing present and future landfill capacity. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X Response: The kennel operation is located in the middle of an olive orchard and is completely screened from the view of surrounding properties. Mitigation measures indicated in item 1 will require the continued maintenance of this vegetative screen to ensure an aesthetic impact will not develop. The facility will not utilize any extensive outdoor lighting that may be an impact. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? X X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 11 Use Permit: Dixie Gonsalves, UP #96-15 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? Less Than Significant No Impact Impact X X X Response: The kennel operation will have no impact on cultural resources because the property has been used for agricultural production continuously and no new development is proposed that would require excavation. There will no impact on any other cultural values as the kennel is operating on private property with no public visitation. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: The kennel operation will have no impact on recreational opportunities. Mitigation: None required. 16. 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 plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term ❑ Butte County Department of Development Services 0 Planning Division ❑ 12 Use Permit: Dixie Gonsalves, UP #96-15 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). X d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? X Response: The kennel operation is consistent with the General Plan and zoning designations, will have no impact to biological resources, and with mitigations applied as conditions of approval, the project will have no significant impact to human beings. 0 Butte County Department of Development Services ❑ Planning Division ❑ 13 Use Permit: Dixie Gonsalves, UP #96-15 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation #1: The dog kennel shall be limited to a maximum of 49 dogs at any one time subject to issuance of a valid kennel license from the Butte County Rabies Control Division. Mitigation #2: The kennel operation shall be limited to the approximate area currently shown on the site plan and all existing tree cover and other vegetative screening shall be maintained at current levels. Mitigation #3: All dogs are shall be kept secured 24 hours a day unless being exercised, which shall be done under the verbal or leashed control of the kennel operators. At no time are the dogs allowed to roam freely or left outside the kennel without direct supervision. Mitigation # 4: The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank. The septic tank shall be pumped once a month or as needed or directed by the Butte County Environmental Health Division. Mitigation #5: All dogs received into the kennel shall be examined within two weeks of reception by a veterinarian and any diagnosed public health concerns shall be remedied including the dogs being properly vaccinated for rabies. The kennel operator shall maintain a current kennel license from the Butte County Rabies Control Division. Mitigation #6: The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Use Permit: Dixie Gonsalves, UP 496-15 0 B DATA SHEET Proiect Description 1. Type of Project: Use Permit 2. Proposed Density of Development: N/A 3. Amount of Impervious Surfacing: None proposed 4. Access and Nearest Public Road(s): Brown Blvd. 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: N/A Environmental Settin 1. Terrain a General Topographic Character: Level valley land. b. Slopes: 0-2%. C. Elevation: 100 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Characteristics: Rocklin Fine Sandy Loam b. Limiting Factors: Subsidence 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Moderate to low C. Landslide Potential: None d. Fire Hazard: Low to moderate e. Expansive Soil Potential: Moderate to high. 4. Hydrology a. Surface Water: Seasonal Slough b. Ground Water: Abundant valley aquifers. C. Drainage Characteristics: Good d. Annual Rainfall (normal): inches per year. 20-22" e. Limiting Factors: None 5. Visual/Scenic Quality: Fair, rural homesites with accumulated junk.. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Olive orchard 9. Wildlife Habitat: Small birds and animals common to valley grasslands. 10. Archaeological and Historical Resources in the area: Low Sensitivity area. 11. Butte County General Plan designation: Agricultural Residential 12. Existing Zoning: ARMH-1 (Agricultural Residential Mobile Home -1 acre min.) 13. Existing Land Use on-site: Single family home and dog kennel 14. Surrounding Area: a. Land Uses: Residential, junk yards, agriculture -grazing b. Zoning: ARMHA C. Gen. Plan Designation: Agricultural Residential, Gazing Open Lands. d. Parcel Sizes: One acre to 40 + acres. 15. Character of Site and Area: Rural residential low income area. 16. Nearest Urban Area: Oroville 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Use Permit: Dixie Gonsalves, UP #96-15 19. Fire Protection Service: a. Nearest County (State) Fire Station: Butte County Fire Department/CDF Station #75 approximately 4 miles away. b. Water Availability: Fire tankers only. 20. Schools: N/A ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activitv Map 11-1 Seismic Safety Element Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2 Seismic Safety Element Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1 Safety Element Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. _Erosion Potential Map 111-2 Safety Element Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3 Safety Element Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1 Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1 Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4 Safety Element Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. _Archaeological Sensitivity Map Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map established by Resolution No 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map Butte County Fire Department and California Department of Forestry, 1989. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 February 11, 2000 Robyn Kissler 163 Brown Boulevard Oroville, CA 95966 Re: Use Permit, AP, UP 00-03 Dear Mrs. Kissler: L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION - DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Planning Commission held February 10, 2000, your request for a An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs., was approved. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Tuesday, February 22, 2000. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr 0f orms\approvup. frm OFD 4 UP 00-03 AP 028-062-016 Robyn IGssler A-5 AR A-5 P WN LDR C-1 G A5 A-5 rsi A-5 P WN LDR C-1 G A5 A-5 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Robyn Kissler, UP 00-03 DATE: October 5, 1999 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for an amendment to Use Permit 96-15 to modify the existing.emergency dog shelter for 49 dogs, to a kennel for 30 show dogs on property zoned AR -1 (Agricultural.Residend4 located at 163 Brown Boulevard, identified as APN 028-062-016. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 19, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 �� Fn�ira BUTTE COUNTY 1CoU�p %6+, with DEPARTMENT ODEVELOPMENT SERVICES PLANNING DIVISION L M Ca r��e TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Robyn Kissler, UP 00=03 ; DATE: September 16, 1999 CONTACT PERSON: U ta ` The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 chow dogs, on property zoned AR -1 (Agricultural Residential) located on 163 Brown Boulevard,4, identified as APN 028-062-016. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON Januar-y27,2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 30, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): . ?rf. , 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538panningDivision SEP 2 9155'3 ®rovi118, calgornia 9. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Robyn Kissler, UP 00-03 DATE: September 16, 1999 CONTACT PERSON: 096:1-6 SAY-AdO "S The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for an amenament to LJse Permit 96-15 to modify the existing emergency dog shelter for 49 dogs to a kennel for 30 show dogs, on property zoned AIL -1 (Agricultural Residential) located on 163 Brown Boulevard, identified as APN 028-062-016. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON Jan ,ary 7, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 30, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary). ridnns ing Division SEP L i 193a­- Mau--- A- By: JJa­Mau---By: Date: Z31 /5 7 County Center Drive - Oroville, California 9596RN - FAX 530-538-7785 S EP 1 6 1999 LAND DEVELOPMENT DIV. APPLICANT: applicant AGENT: FILE #: UP 00-03 • DATE: September 16,1999 APN: 028-062-016' PLANNER: PROJECT DESCRIPTION: An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. APPLICANT: Robyn Kissler AGENT: FILE #: UP 00-03 DATE: September 16, 1999 APN: 028-062-016 PLANNER: PROJECT DESCRIPTION: An amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dogs, to a kennel for 30 show dogs. Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT _ 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 19_ and is incorporated herein by this reference. —2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. —3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. —4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. —6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. _ 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. TO: FROM: RE: DATE: • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Robyn Kissler, UP 00-03 September 16,1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for an amendment to Use Permit 96-15 to modify the existing emergency dog shelter for 49 dog,. to a kennel for 30 show dogs, on property zoned AR -1 (Agricultural Residential) located on 163 Brown Boulevard, identified as APN 028-062-016. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN September 30, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 .� Project Description: 163 Brown Blvd Oroville, CA 95966 (530)743-9932 17 Kennels constructed of 6 ft. chain link fence with concrete floors. French drain running along one side of each kennel draining into a septic tank. Kennels will open into a gated safety area with gravel and/or cedar chips. Kennel is to be used for personal show dogs, NOT FOR BOARDING. Kennel area is surrounded by olive trees and is not visible from the road. We plan to plant oleander or some other type of hedge for additional sound control. All neighbors are more than 600 ft. from kennel area. Planning DMISI®n SEP 1 41999 ®roville, Camornia E_,�k_*(/ r 4anning D9vISi®11 S E P 1 41999 '� ,oville, California tJSE PERMIT DELI i s BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) PERMIT NO. AP CZB-062-016 ASSESSOR'S PARCEL. NO. Pursuant to the provisions of the ZEoning Ordnance of the County of Butte and the special conditions set forth below: Dixie Gonsalves is hereby granted a Use Permitt in accordance with application fried: 11244/96 to alldw a private dog Kennet on pr6p de ty zoned ARMH-1 located at 163 Brown Blvd., Honcut, Failure to comply with the -conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set. forth in fare Butte Cor!nty Zoning Crdinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condi:iun to ti-ris use permit, all conditions must be completed by the Permittee within 24 monEhs of the deiivery of the countersigned permit to the Permittee. 3. if any use for which a use permit has been granted is nct established within two years of the date of receipt of the countersigned. pe,,rn, ,4 ;�y the Permittee, the permit shall become null and void and reappilcatior, a -rd a r,ew permit shal be required to establish the use, 4. Th,e.te.rms and conditions of this permit shall run with the land and 5ll be binding upon and be to the benefit of tt.e heirs, legal rep rase r;tatives, successors, and assigns of the Permittee. Section. 1:. Environmental Findings. A. An Initial Study was completed in crirn liar•. -.Z . t`; the C,alifornita Br,vironmerrtal Quality Art identifying potentially signik;ant environmental effects that the project may have Provisions and the design of the proiect and the conditions added to the project wili mitigate such effects to a level of insignif'scarice; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Dec-aration with . ,itigaticrz measures prior to making its recision on the project, and the Negative Declaration; reflects the indeaender t judgement oaf Butte County; and Section! 2: Zoning Ordinance Findings. A. The proposed use of the property, pursuant to Butte County .node Section: 24-35, will not 10'd S9L4 SES o£S 6UL;.."u17'Ld �.rr.nc,� �;:;nq dSS:rC, 66 -6T -LSC' conflbct with, impair or be detrimental to the uses both permitted and conditional in the A.RMH_1 zone and the Agricultural Residential General Plan designation in which it is located and/or adjoins; and B. The proposed use would not be unreasonably incompatible with, or injurious to, surrounding properties in that the project has existed compatibly with adjacent properties tpr seYen ;yggrs and is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area: and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County in that the proposed use will be conditioned to reduce associated impacts to a level of insignificance, Section 3: Action A. Subject to the findings indicated in Sections i and 2 of this Permit and the mitigation measures and coriditions found in Exhibit "A", a Negative Declaration with mitigation measures is hereby -adopted and the Use Permit approved for Dixie Gonsalves on APN 028-062-016 to allow a private emergency dog kennel on property zoned ARMI,i-1 located on, the north side of Brown Blvd.. at 163 Brown Blvd., Honcut area, B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantietred written regr_test by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a forma( application for amendment, Mitigation Measures: 1. The dog kernel shall be limited to a marimum%of 49 dogs;.at any one tinne subject to issuance of a valid kennel license from the Butte County Raoies Control Division. 2. The kennel operation shall be limited to the approximate area currently shown on the site plan as Exhibit "B" attached hereto and made part hereof and all existing tree cover and other vegetative screening shall be m `ntained at current levels. 3• All dogs shall be kept secured 24 hours a day -unless being exercised, which shall be done under the verbal or leashed control of the kennel operators. At no time are the dogs allowed to roam freely or (eft outside the kennel Without dint supervision. 4. The kennel operator shall clean and remove all excrement from the kennel on a weekly basis and dispose of excrement in septic tank. The septic tank shall be pumped once a month or as needed or directed by the Butte County Environmental Health Division. 5. All dogs received into the kennel shall be examined within two weeks of re-ception"by a veterinarian and any diagnosed public health concerns shall be remedied including the dogs being properly vaccinated for rabies. The kennel operator shall maintain a current kennel license from the Butte County Pabies Control Divi:,* on. a ZO ' d 981-L 8£5 o£9 SU i UUV L d AC4unoo a�'4nq dig : i0 66-64 - L of A S. The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls; or other methods apprgved by the Department of Development Services. Any necessa,r/ noise mitigation measures shall be installed within one month of being identified as necessary. D. Planning Division Conditions: 7. All conditions and mitigation measures listed in this permit do not apply to, or restrict the property owner from having a maximum of five (5) personal pets/dogs In addition to the maximum allowed by this permit. B. The kennel operator shall sign a Hold Harmless agreement with Butte County. g. The konnel operator shall be permitted tri display a Sion at the entrance of the property to a maximum size of ten (10) square feet subject to required setbacks. C. The kennel shall be inspected twice a year by the Butte County Rabies ControlDivision at the cost of the kennel operator. The Planning Division shall be notified of the time of the Inspection and informed of the outcome within 72 hours of inspection. Any deficiencies documented by the Rabies Control Division shall be corrected within one month of observation or within a time fame acceptable to Rabies Cc ntrot Division, Public'Noits Department Conditions: Construct driveway approach on Brown Blvd, to County standards at such time as Brown Blvd. is paved to driveway access . Appil•cant shall comply with all other applicable state and ocal ordinances, statutes and regulations, Fire Department Conditions: 13• Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. 14. Use PePimit is limited strictly to emergendy kennel operation for stray;: ab.andn,netl :;i `r abusei aniirta'ls orate.. I hereby deciare under penalty of perjury that i have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of, this use perrmit, and that. 1 agree to abide fully by said conditions. Dated: Y ,� . Appli nt NOTE; Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does It waive any other requirements. z.0d S8LL SES OES d-I.Inq dSS' 10 65-61 - Lnr 1 2 HONCUT 1•17N.R.4E. M.D.B 2e-06' 4D 05 NOrucur R°°° 12= _ 3 MIDDLE 1_4e Ac ____----- 0 ^ 700 O 24 05 169.50 6.56 AC 7.6 4C ! 6.. .1 , lab ,� h /6 Woo 0 120 e v 1.47AC i u ti 30 0 90 020AC 0m — o 612.40 Q O 2 ' m loo 290 1 1 O 116 �1 117 1.9 AC n _ � O 119 30 _ -- ZOO rcD iro r _J 219 116 23 O � I37 � /ACi n O © !0 6 1114 0 /7 15 8.64AC 2 1 Ac O ZO /B 03 /9. 41 AC O 113 O 147 14 _ m 176•150 0 e. m - 210 9T 200 !IJ A3 C � as _ O 276.60- 2 104 06 2 ® o n �+ 1.67AC 83 Q 2 O /.33A4 68 5.85 AC Q: 0:1 ,. / 190 63 IST.10 ITO 0 105 12 190 340 213 - - 1 190 4 Ac O 1 ,^ 1 9o O 1 I 0 0 106 - 0- --- - 200 7 • 200 j4� 13 II IS .14 O 111 4• 213 Iso P 109 g7 - U a . 0 107 los 2 Zoo F- ' so 200 ROAD I v ~ 200 18 140 60 BLVD 13 00 99 BROWN -- z 600 (MIDDLE- HONCUT 103 loo I rso __— 10 9e T- --- 9 O ialn. r Irl 100 /9 20 pi. Lo 9T 11 s1 .0 028-07-0 Z Q Ov 1 102 1(a Pt LOT O Z0rp5 Uj 1 O OI 041 O O O -1 02 loo Z3 o o G coo ®\� Assessor's op No.t 6 County of Butte, Calif. i9.. _ .:.. .. TOW T M R RK P REVISED: 6-90. _ . •�" Karen A. Phillips 7795 Palermo-Honcut Hwy. Oroville, CA 95966 (530) 534-3605 August 25, 1999 To Whom It May Concern, have known David and Robyn Kissler for over six years. During this time I have on numerous occasions been to their home, cared for their dogs and been to A.K.C. and U.K.C. dog shows where their dogs are shown. am generally not a dog fan although I do have two small dogs of my own. David and Robyn's dogs are quite the exception to the normal. Their dogs have always been lovingly provided for; groomed, feed and taken care of in a manner, which would hope more people would take care of their children. Aggressive dogs, not hardly. Lick you to death, yes! All dogs when placed within their own territory, will bark, crouch and/or appear to defend their home. My own dogs do. This does not make for aggressive behavior, but common action. I have seen their dogs approached by complete strangers, handled and loved without a single incident. Without hesitation, I would leave any animal I valued with David and Robyn, knowing their care and love will be of the highest standards and truly from the heart. Cordially, Karen A. Phillips Planning Division S tv, 14 1999 Oroville, Caiitornia <HTML><FONT SIZE=3 PTSIZE=10>Subj: <B>Letter</FONT><FONT SIZE=3 PTSIZE=10></B><BR> Date: 8/24/99 3:59:21 PM Pacific Daylight Time<BR> From: Lar San 2<BR> To: Kismepits<BR> </FONT><FONT SIZE=3 PTSIZE=10><BR> </FONT><FONT SIZE=4 PTSIZE=12><B>8-24-99<BR> <BR> <BR> To Whom It May Concern:<BR> <BR> I have on more than one occassion had the opportunity to inspect and interact with Mr. and Mrs. David Kissler and their dogs.<BR> I from personal inspection have seen the training and effort they put in to their dogs.- their kennels and dogs on my inspections have been in a good and sanitary condition ......... I have also judged their dogs in conformation events and find them to be fine specimens of the breed.<BR> Mr and Mrs Kissler integrity and dedication to the canine community is an asset to the community.<BR> If I may be of further assistance please feel free to contact me.<BR> <BR> Sandra Comer<BR> United Kennel Club Senior Conformation Judge<BR> United Kennel Club Breed Inspector<BR> Koehler Breed Training Instructor<BR> 140 Leland Rd<BR> Longview, Wa<BR> 360 578-5114</B></HTML> Planning ®st►ision S L e 1 4 1999 ®rovilla, Calgornia AIJG-25-99 WED 07:08 Arl Lar San KertniE-ls a To Whom It May Con m: I have on more, thein one orclolom had the, interact with Mr. and Mr5. 1),�ivia Kioolcr from -peroon:iI inspection have 5cem thO tr,�ilrir to their d000. thicir kemmpl!b and docs On My.s. 6�.iD good and sanitary corclitim ........1 have nlod', - . conformation cvcmti5 anti find therri to be fir; F Mr and Mrs KlooiOr imt,&3rity and dedication:""' ani a s90 a t To the community. Ir I may be of further a55l t Bance plaioc f 5 a md r q Comer 140 Loki-mci Rd :c .4 Lom,3vlcw Wa 360 578-5114 United Kennel Club Oemlor Conformation jud United Kennel Club Dr-ced Inspector Koehler Breed Training InotrucIL-.or 8/24/99 untitled Planning DivisiOn SEP 14 1999 OrOV1118, calwornia JANELLE CAREY P.O. BOX 6131 OROVILLE, CA 95965 530-533-4716 September 7, 1999 To whom it may concern: While working at Nelson Avenue Middle School for the past 10 years, I have had the pleasure of knowing Robin Kissler for the past several years. She has always been a very supportive and caring parent. Not only have I had the pleasure of knowing Ms. Kissler on a parental basis, I have also had the experience of being her neighbor. Ms. Kissler lived right around the corner from me. She has always been very conscientious of her animals. Her animals are very well taken care of. I have seen her be very concerned for strays and all animals that were roaming. I feel confident Ms. Kissler would make a very good kennel owner. I would feel comfortable leaving my animals in her care. Best regards, Janelle Carey Planning Division 5 E P 14 1999 ®rovilio, CaiWornia ;V . ,} • T utte-Oroville'Veterinary `76pital 751 Oro Dam Blvd. • Oroville, CA 95965 • (916) 533-1194 8-24-99 To Whom It May Concern: Robin and Dave Kissler have been clients at our hospital for 6 years. They have always shown the greatest concern for all thier pets, and have always acted responsibly in caring for their pets. Dr. V. G. Leavitt Planning Division EM SEP 14 1999 MEMBER OF AMERICAN ANIMAL HOSPITAL ASSOCIATION Oroville, CalWornia September 07, 1999 To whom it may concern: I have known Robin Kissler for many years. As Lead Custodian for the past 19 years at Nelson Avenue Middle School, I am required to contain any animals that might show up on campus, for safety reasons for the children. Ms. Kissler has always been ready to help with any animals whenever necessary. Ms. Kissler is very caring and patient with animals. She takes very good care of her animals. I wouldn't hesitate in having her take care of any animals of mine. 0 Sincerely, Dave Dunn Lead Custodian Nelson Avenue Middle School Planning Division SEP 1 4 1999 Oroville, Cawotnia September 8, 1999 To Whom It May Concern, My name is Robyn Kissler. My husband David and I currently own the property located at 163 Brown Blvd. Oroville, CA. We also own Exclusive Property Management at 1881 Robinson St. Ste. A, and my husband has been employed with Oroville Solid Waste for over 22 years. I have been showing and raising dogs for 13 years. Living on the property with us, are my parents Sam and Dee Norris who owned SDR Enterprises and Affordable Pets in Chico. They are now semi retired. We have started an United Kennel Club sanctioned conformation club in Butte County which hosts shows in the Oroville area several times per year. This brings people into the area from all over the United States. We currently host shows at the North Forebay Park. At our spring show we had over 100 people attend. These people spend their money for the weekend at the motels, restaurants, gas stations and stores in Oroville. They spend time in the antique stores, and generally look at the sites. Several of them have come back for their vacations. This continues to bring much needed revenue into our county. Due to the fact that Butte County limits the number of dogs you may own to 5., 1 would like to apply for a kennel license. Other places offer a hobby/breeder license for people who do not wish to have a commercial kennel, but this type of license is not offered in Butte County. I have finished 14 Champions in the last five years. During that time I have bred 8 litters out of which approximately 60 percent of the puppies have gone into show homes. These have been successfully campaigned and most now carry titles of their own. The puppies who were placed into pet homes went with a spay/neuter contract, (please see attached copy). I only wish to have and show my dogs. The only time there would be dogs that do not belong to us is when other breeders send their dogs to be bred by mine, or trained by me. I do not wish to board dogs due to the risk of bringing disease into my kennels. There are no homes located within 600 feet of the proposed kennel area. The area is currently located with in an olive orchard which completely screens it from view on all sides. We plan to plant oleander around the property and build a six foot wall in the northwest corner as additional sound barriers. If there were to be a problem with excessive barking, the dog(s) that were causing the problem would be fitted with bark collars. Planning Division SEP 14 1999 ®roville, CalWornia As my parents do not have outside jobs, they will be on the property to oversee the animals during the day when my husband and I are at work. Sam and Dee Norris have owned and operated their own animal related business in Butte County for 10 years. They have always had a wonderful relationship with the county inspectors, including animal control, during this time. They have never had a violation of any sort. There are NO neighbors who are located within less than 600 ft. of the proposed kennel area. Therefore, there are no neighbors who would be affected by the issuance of a kennel permit. E rely, n Ki sler LEAD IN SHEET FILE NO: 1' 00-03 • '; 028 062-016 • " Rob)M KisslQr, 163•. Boulevard. Oroville, CA • ••• REPRESENTATIVE: REQUEST: An amendment to Use Permit 96-15 to modify the existing emergencydog shelter for 49 dogs, to a kennel for 30 show dogs. SIZE: 25 acres LOCATION: 163 Brown Boulevard SUPERVISORAL DISTRICT # L—EXISTING ZONING: AR -1 (Agricultural Residential) ZONING HISTORY: 4/14/98 Ord: 3418 SURROUNDING ZONING: AR SURROUNDING LAND USE: AR SITE HISTORY: UP 96-15 Approved December 17, 1996 GENERAL PLAN DESIGNATION: AR Agricultural Residential) APPLICABLE REGULATIONS: Rec'd 9/14/99 COMMENT DISTRIBUTION LIST APPLICATION: Robyn Kissler DATE: September 16, 1999 . County Offices and Cities: Chambers Cable TV Pacific Bell PG&E South - Oroville Chief / v /X_ Administrative Officer _X Develop. Services Director Dept. of Fish and Game Public Works Director X_ Environmental Health _�semor Central Reg. Water Quality Cont Building Manager Sheriff _ BCAG _ _ ALUC -n= --=mow _ APCD _ Butte Co. Farm Bureau Biggs Gridley US Bureau of Land Management Chico _ _ Oroville _ / Paradise ✓ _ _ Chico Airport Commission Animal Control _X t/ Agricultural Commission Irrigation District: Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection )(otCalifornia Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District Durham Area Recreation Richvale Recreation & Parks Sterling City Sewer Main Feather River Rec. & Park _ PG&E North - Chico _ Chambers Cable TV Pacific Bell PG&E South - Oroville _ Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources V Dept. of Fish and Game Forestry (Attn: Craig Carter) _ Dept of Parks and Rec._ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts M IBM— Butte, Coun L A N D O F NATO RA L W EA LT H A N D B E A U T Y DEPARTMENT OF PUBLIC HEALTH ANIMAL CONTROL OFFICE 18-B COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7409 or (530) 891.2907 FAX: (530) 538-6329 Sam Norris 163 Brown Blvd. Oroville, CA 95966 RE: POTENTIAL ILLEGAL KENNEL OPERATION, 163 BROWN BLVD., HONCUT AP NO. 028-062-016 Dear Mr. Norris, This Department received an animal related complaint on August 7, 1999 at the above -noted property. A field visit was conducted on August 9, 1999 at which you shared your intentions of establishing a breeding kennel on the property. You stated that the proposed kennel would be a joint venture operated and/or controlled by you and a family member named Robin Kissler. At the time of the field visit, approximately eleven dogs were seen on the property. The requirement for a kennel license was discussed with you. On August 25, 1999, a second field visit was made, when approximately thirteen (13) dogs over four (4) months of age were seen. The kennel license requirement was reiterated. Copies of the license application were provided to you. Please complete the kennel license application and return to this office no later than September 9, 1999. The completed application will be forwarded to the Planning Department for use permit compliance evaluation. For your convenience, enclosed please find another kennel license application and a copy of Butte County Code sections 4-3 and 4-4 entitled "License required of kennel owners" and "Fees, late registration." Thank you for your anticipated cooperation and please call the Department if you have further questions or concerns. Since` �'� Wendy stillo Animal Control Supervisor cc: Butte Co._Plan6irig Department Bill Chapman, Mason-McDuffie Associated Realty Planning Division SEP 0 1 1999 W^ toy G! .%.Vl �� �,Q, 5 rr�� r o e AA_' e^/ CV 1 � N ` � �,� co ✓s �! roville CalWornia , �� � �� ;� 1,29 2': r - - PD007 COUNTY OF BUTTE PROPERTY SYSTEM ASSESSOR INQUIRY 11 08/31/99 7:58:47.6 CREATED: 78R2244683 00/00/00 KILLED: ZONING: U - CREATED: 78R2244683 00/00/00 KILLED: CUR DOC: 98R0054434 12/17/98 BONDS: ROLL ASSESSEE: N RETAINED OWNER: Y ACRES: 18.45 ET AL OWNERS: N SUPL CNT: 1 ORO PRE RET PHY FEE PARCEL PARCEL: 028 062 016 000 STATUS: A 00/00/00 SEC TRA: 092013 DESC: 163 BROWN BLVD ASSMT: ' 028 062 016 000 STATUS: A 00/00/00 TRA: 092013 TAX CD: 000 BASE: 00/00 DESC: 163 BROWN BLVD FIRST FINANCIAL CORP HOUSEHOLD FINANCE CORP 931 CORPORATE CENTER DR POMONA CA 91769 COMMENT: ADD MH VALUE (PREV ON 910-000-143) SITUS: 163 BROWN BL F8=ASMT SUMMARY OPTION: NXT OWN PCL SIT EXP TAX SC2 ATT HON APR MEN HLP 11 08/31/99 7:58:47.6 CREATED: 78R2244683 00/00/00 KILLED: ZONING: U - CREATED: 78R2244683 00/00/00 KILLED: CUR DOC: 98R0054434 12/17/98 BONDS: ROLL ASSESSEE: N RETAINED OWNER: Y ACRES: 18.45 ET AL OWNERS: N SUPL CNT: 1 ORO PRE RET PHY NOTICE OF DETERMINATION I L E U TO: _ Office of Plan.& Research Dept. NOV 191996 1400 Tenth Street Sacramento, CA 95814 LAND E J. GRUBBS, Butte Co. Clerk By � Deputy X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: Use Permit 96-15 AP Number: 028-062-016 Applicant: Dbde Gonsalves State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Project Location: Project Description: Steve Lucas 163 Brown Blvd. Telephone Number: 538-7601 A Use Permit to allow a private dog kennel This is to advise that the Butte County Planning Commission (Lead Agency or Responsible Agency) has approved the above-described project on October 24, 1996 and has made the following determinations regarding the above-described project: 1. The project will, _X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, _X were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Craig Sa ers Senior Planner 0 DECLARATION OF FEES DUO (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Dixie Gonsalves 163 Brown Blvd. Oroville, CA 95965 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B., Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). # 15667 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of Development Services Date: November 18, 1996 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. j : u inda\noe. nod\f& gfee CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Muiimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: Use Permit 96-15, 163 Brown Blvd., Oroville Project Description: A Use Permit to allow a private dog kennel Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: Craig Sanders Senior Planner Lead Agency: County of Butte Date: I I - I ? - % j A1inda\noc.nod\f&g.1ct • A-5 A-5 OFC A-5 AR LDR AS i L R AR -1 --- Pro ect Location � 3 � � c m A-5 AR C-1 C A-5 LDR A-5 00 0 700 1400 2100 2800 3500 4200 49M 5600 Feet BUTTE COUNTY BOARD OF SUPERVISORS Applicant: Robyn Kissler Owner: Same Hearing Date: March 28, 2000 @ 10:45 a.m. Existing Zone: AR- 1(Agriculhual Residential) N Supervisorial Request: Amendment to Use Permit 96-15 to modify the conditions to allow the kennel to be used as a private kennel for show dogs District # 1 and reduce the maxim um number of dogs from 49 to 30.j 0. Assessor Parcel No: 028-062-016 File: 00-03 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: March 14, 2000 Project Name: _Robyn Kissler THIS IS A REQUEST FOR: File #: APL 00-06, File UP 99-22 t Blac to reproducible exhibit map P /Board RC Vicini ap Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: Meeting Date a The above request is due no later than ASAP Special Instructions and/or research: Number of Copies NOTE: Exhibits should be saved until project is through process, which includes appeal period. FILE SAVED AS: J:\W PDOCS\FORMS\REQUEST. MAP 91 u c OL—.cid & rk&EZ m �9� .1qo ZZZ7, & LJ1,Ynf,?-Ak 6e.9;r*x ...... 0�41S 0 w RC, ;2`C,:rV,0Ve 440e,* .4",611.frN 4ZJVK a) Oki, Rat4S. 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FO - 1 .- 213 I 4 Ac O 94 I 213 ; rom to •o - 028-03-0 044-11 ' Zd 0. 28; Counfv of Butte, Calif. attributed to animals on-site. Measurem,eAs were taken at the western property line, along Brown Boulevard, at the point closest to the kei els. B.el;ow are tables ofthe measurements. TABLE 1 The above tablfe shows 18 intervals, most of which were 60 seconds duration (duration column). The first two intervals are meadings taken with the calibrator on. Intervals 3 itkough 14 are sound readings taken at the westerly p;.po;pe ty line. The column Leq is the average sound f veEl during that minute. Lmax is the maximum sound, iYevel during that minute. The Lmin is the minimum sound level during the same time period. Intervals 15 through 18 were taken at another rural location in open grasslands away from any road noise. There was one residence approximately 200 feet away from the measurement point. No significant noise was generated from the residence. As the measurements reveal, the average sound level did not exceed 55 dB during any interval taken at the Kissler's property line. The peak sound level at the Kissler property exceeded .55 dB only during intervals 3 and 9. The lowest sound levels were generally above 40 dB. The L(5) column represents the average sound level that was exceeded 5% of the time, meaning that for 3 seconds during that minute the sound 0 BUTTE COUNTY PLA\ifffrNG COMMISSION AGENDA REPORT 0 PAGE 2 0 Date Time Duration Leg Lmax Lmin L(5) L(10) L(33) L(50) Interval Meter with calibrator on 114 dB tone 1 14Apr 00 9:06:00 am 60 113.611 13.9 .39.1 113.91- 113.9 113.6 113.4 2 14Apr 00 9:07:00 am - 35.6 114 113.9 113.91 113.91 113.91 113.91 113.9 Meter located on Brown Blvd. west rly propert line of Kissler 3 14A r 00 9:07:58 am 60 49.8 59.3 41.81 55.1 53.3 49.1 47.8 4 14Apr 00 9:08:58 am 60 44 51.2 39.6 49.5 48 42.5 41.6 5 14Apr 00 9:09:58 am 60 42.8 47.3 40.2 45.5 44.5 43 42.5 6 14A.pr 00 9:10:58 am 60 44.1 47.41 40.7 46.7 46.3 44.7 43.6 7 14APr 00 9:11:58 am 60 44.5 47.4 41.8 46.7 46.2 45 44.3 8 14Apr 00 9:12:58 am 60 45.4 49.3 41.5 47.8 47.2 45.7 45.1 9 14Apr 00 9:13:58 am 60 48.5 56. 41.4 53.4 52.1 48.2 46.4 10 14APr 00 9:14:58 am 60 45.9 53.1 42.9 47.8 47.2 46 45.6 11 14Apr 00 9:15:58 am •60 48.1 53.4 41.4 51.3 50.3 48.6 47.7 12 14A.pr 00 9:16:58 am 60 44.91 49.9 39.7 48.1 47.4 45.4 44.3 13 14Apr 00 C? '9:17:58 am 60 49.6 54.9 43.6 53 52.4; 50.4. 48.7 14 •r 14Apr 00 '�' 9:18:58 am 26.5 48.2 54.51 40.71 53.2 52.4 481 45.5' Location 2, away from kennel in rural assland area. 1 home within 600' at approx. 200' 15 14Apr 00 9:32:25 am 60 53 61.9 37.5 58.9 58.1 52.4 49.3: 16 14A.pr 00 9:33:25 am 60 46.4 60.3 37.5 51.6 46.3 43.2 41.7 17 14A.pr 00 9:34:25 am 60 48.8 57.2 37.7 54.5 53.1 48.7 46.1 18 14Apr 00 il :35:25 am 601 49 57.8 36.8 54.5 53 48.7 47.1; 18 14APr 00i ` 9:36:25 am 8.21' 46.9 51.2 39.9 50.7 50.3 47.8 45.8 The above tablfe shows 18 intervals, most of which were 60 seconds duration (duration column). The first two intervals are meadings taken with the calibrator on. Intervals 3 itkough 14 are sound readings taken at the westerly p;.po;pe ty line. The column Leq is the average sound f veEl during that minute. Lmax is the maximum sound, iYevel during that minute. The Lmin is the minimum sound level during the same time period. Intervals 15 through 18 were taken at another rural location in open grasslands away from any road noise. There was one residence approximately 200 feet away from the measurement point. No significant noise was generated from the residence. As the measurements reveal, the average sound level did not exceed 55 dB during any interval taken at the Kissler's property line. The peak sound level at the Kissler property exceeded .55 dB only during intervals 3 and 9. The lowest sound levels were generally above 40 dB. The L(5) column represents the average sound level that was exceeded 5% of the time, meaning that for 3 seconds during that minute the sound 0 BUTTE COUNTY PLA\ifffrNG COMMISSION AGENDA REPORT 0 PAGE 2 0 1 level exceeded the level in this column. Conversely, %r 95% of the time ,(57 seconds) the sound level was below this figure. The L(10), L(33), and L(50) colilu- =ns show the 444,for the sound level exceeded 10%, 33%, and 50% of the time, respectively.. The Sound levels taken at the rural grassland nd .location have a slightly higher average sound levels and higher peaks, as well as lower minimum sound levels. The peaks and higher sound average are directly attributed to one meadowlark approximately 75 feet away from the meter. TABLE 2 The measurements for Table 2 were taken at the same location as the measurements for Table 1, the afternoon of April 24, 2000. The results are slightly different. As in the results in Table 1, no ■ BUTTE COUNTY PLAN,.'ING COMMISSION AGENDA REPORT ■ PAGE 3 ■ Date Time Duration Leg Lmax Lmin L(5) L(10) L(33) L(50) Interval Meter with calibrator on @114 dB tone 1 24Apr 00 15:38:48 60 113.7 114.1 113.7 113.9 113.9 113.7 113.7 24Apr 00 15:39:48 26.2 113.4 113.9 99.5 113.9 113.9 113.6 113.4 2 Site readings 3 24Apr 00 15:40:21 60 42.5 51 36.8 48.1 46.3 42A 39.1 4 24A r 00 15:41:21 60 44.3 51.8 38 48.7 47.7 44.5 42.6 5 24A r 00 15:42:21 60 43 51.2 36.9 47.2 45.9 43 41.6 6 24A r 00 .15:43:21 60 49.9 7.1 38.3 54.7 54 50 47.9 7 24A r 00 15:44:21 60 45.6 54.2 37.1 51.8 49.6 44.1 42 8 24A r 00 15:45:21 60 40 47.4 37 .45.2 42.1 39.2 38.4 9 24A r 00 j 15:46:21 '60 44 51.4 37.7 47.9 46.8 44.3. 42.7 10 24Apr 00, j 15:47:21 60 46.2 '57.8 37.3 52 50.5 44.2 41.4 11 24A r 00 j 15:48:21 60 46.1 5.4 39.1 51.2 49.8 45.5 44.1 12 24A r 00 15:491:x'1 60 43.8 52.2 37.6 48.6 46.9 43.4 41.7'' 13 24A r 00 15:50:21 60 44.4 50.8 38.11 48.7 47.9 45 43.1 14 24A r 00 15:51:21 60 47 52.3 38.2 51 50.31 47.7 46.1 15 24A r00 15:52:21 60 45.9 52.1 39 50.7 49.7 45A 43.8; 16 24A r 00 j 15:53:21 60 47.5 53.7 40.3 51.8 50.9 48.1 45.5' 17 24A r 00 j 15:54:21 60 48.1 56.1 40 53.6 52.3 47.9 44.9 18 24Apr 00 15:55:21 60 44.5 52.6 37.61 51.2 50.1 42 40.6 19 24Apr 00' j 15:56:21 60 44.4 50.6 38,.9 I 48 47.3. 44.8 43.6 20 24Apr 00, ! 15:57:21 601 45.8 55.1 97.1 5 i.7 50.3 44 . 42.2 21 24Apr 00' _1 15:58:21 601 44.6 52.9 37.4 49.9 48.81 44 41.7 22 24Apr 00 1 15:59:21 60 54.6 (625 39.8 60.8 59.8 53.8 50.4 23 24A r• 00 16:00:21 60 51.5 59.438Rami-ol.8 57.9 55.8 51.3 48 24 24A r 00 16:01:21 15 44.3 52.6 38.8 51.2 49 41.6 !0.4 The measurements for Table 2 were taken at the same location as the measurements for Table 1, the afternoon of April 24, 2000. The results are slightly different. As in the results in Table 1, no ■ BUTTE COUNTY PLAN,.'ING COMMISSION AGENDA REPORT ■ PAGE 3 ■ .4000NTY OF BUTTE W.PARTMENT OF DEVELOPMENT SERVICES IF JANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED 1 .i'" , ;� �. �s �uo� .�� �< < � �� 8�ry���'°� �� o ��s� o "'rrr ` 4., � a �+, + � � t �� +may e� `'E� ����� ��C. r�� sty �. �T r i-' � � .d°'" °�� � i i ��i�r y;, �- CIVI L. VJ�� 11/5/02 Photos by AC2 —Tnevv ' � Q�v K�� 163Brown Ave,rov||e ' O' — � 11/5/03 Photos bvAC2 —Tnevv ' RobvnK�s�r ' �3Bmwn��v� CIC—OR Ave, ' 4919 938R10 k\-Z� � � _ ' - -11/S/O3Photos byAC3—Trevv 'AobvnKissler 163Brown Ave, OrovU|e � CIC—OROVIL`�UJI 491901+1 � V �O 1- R IL - i' 01+1 t.•I-A 11/5/02 Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville VIA 0 11/5/02 Photos by AC2 — Trew Robyn Kissler -163'Brown Ave, Oroville pt 0 -3 3 r r,1 Pi 11/5/02 Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville u 1 rq '11/5/02 Photos, by AC2 — Trew Robyn' Kissler. 16 - 3 Brown Ave,.Oroville I S, 0 1.+- 1 1.4 1 — 2 G; R : L 0 0 e z' O .11/5/02 Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville 4. 01+1 N+l 419 F. 10 MOM 11/5/02 Photos by AC2 — Trev Robyn Kissler 163 Brown Ave, Oroville V 45ra 19 3 11/5/02 Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville 1 11/5/02 Photos by AC2 — Trew Robyn Kissler ;9 163 Brown Ave, Oroville 11/5/02 Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville -r< �X :Y p e Y� CIC-OROVILU%J 901+1 N+1- Robyn Kissler 163 Brown Ave, Oroville, . ~- GR10 MUO MY 1 SIX AS w AMTor N Was - WMIM r Map: of s t t - `2 _ Ay Q Photos by AC2 — Trew Robyn Kissler 163 Brown Ave, Oroville 491.9 01 + 1 [-4+1 '•` T �OL �y r 10 h: !r. 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