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PROJECT SUMMARY SHEET
FILE -#,: UP 01-15 PROJECT TYPE: Use Permit
APPLICANT: Paradise Evangelical Free Church
ADDRESS: 5095 Pentz Road, Paradise, CA 95969
OWNER: same
REPRESENTATIVE: None
PROJECT DESCRIPTION: Use Permit to allow an athletic field (baseball, soccer, etc.) with lighting and restrooms, and for a E,000 sq. ft.
gymnasium with restroom and shower facilities. The gymnasium will also serve as Sunday school rooms
PROPERTY ZONED: AR -1 (Agricultural Residential - 1. acre parcels) LOCATED: 'on the north side of Safari Lane, on the northwest
corner of Pentz Road and Safari Lane; at 5095 Pentz Road, Paradise.
AP#: 055-g90-083 TOWN/AREA: Paradise
GENERAL PLAN DESIGNATION: Low Density Residential
1. Application complete: February 13, 2001 Amount: $ 1064.00 Receipt #: 19203
2. Comments sent to: . DDS, Public Works, Env. Health, Assessor, Building Manager, LAFCo, Air Quality Mgmt.,
Town of Paradise, Del Oro Water Co., CDF, Central Reg. Water Quality Control, Dept. of Fish and Game
3. Comments received from:
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: Stephen Betts
Environmental Determination:
State Clearinghouse No: No Categorical Exemption-CEQA#
Negative Declaration
_:Y Mitigation Negative Declaration
Subject to Fish & Game: No Environmental Impact Report
Gen. Rule Ex. -CEQA # 15061.(bx3)
Other
8. Staff Report: Project Video: S
9. Clearinghouse circulation required: Yes No Date Sent to SCH:
10. Publication Notice Written: 'S� o Display Ad Prepared:
11. Notices Mailed: Number of Notices:
12. Newspaper Publication Date: l S— D n C Cl B
13. Planning Commission Hearing(s):
Action taken:
Special Conditions:
Commission Resolution No.
14. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Type Use Permit/Send for signature:
16.
17.
18.
19
N.O.E. / N.O.D. / APPENDIX
Send validated Use Permit:_
Assessor's Memo:
Copy of Use Permit / Variance to Planning Technician:
■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0., -AGE 15 ■
ii/6%3
Public Hearings and Timed Items
01-161 Public Hearing - Paradise Evangelical Free Church - Use Permit Appeal -
consideration of two appeals: (1) an appeal of the Planning Commission's
approval of a Use Permit to. allow an athletic field (baseball, soccer, etc.) and
restrooms, and a.6,000 square -foot gymnasium with restroom and shower
facilities. The gymnasium will also serve as Sunday School rooms; and (2)
an appeal of a condition of approval (Condition No. 9) requiring a left turn
pocket on Pentz Road. This is a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding environmental
impacts has been given. The project is proposed to be developed in three
phases: Phase 1 - Construction of the athletic field upon approval of the Use
Permit; Phase 2 - Restrooms (one to two years after approval of the Use
Permit); and Phase 3 - Gymnasium (two to five years after approval of the
Use Permit). The athletic field will be used for games held by members of
the church and for church league games. The applicant does not propose to
allow non -church leagues (such as Paradise Recreation and Park District) or
thegeneral public to use the field. The applicant anticipates that the field will
be used for organized games three to four times per week. The property is
zoned AR -1 (Agricultural Residential - 1 acre parcels), and located on the
north side of Safari Lane, on the northwest corner of Pentz Road and Safari
Lane, at 5097 Pentz Road, and identified as APN 055-590-083 (SB [File No.
UP 01-15]) - action requested - STAFF RECOMMENDS THE BOARD
DENY THE APPEALS AND APPROVE THE PROJECT, AND HAS
PROVIDED TWO ALTERNATIVE ACTIONS FOR THE BOARD'S
CONSIDERATION:
1. SHOULD THE BOARD CHOOSE TO DENY BOTH APPEALS
THE FOLLOWING ACTIONS SHOULD BE TAKEN:
A.• SUBJECT TO FINDING I(A) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, DENY THE
APPEAL OF THE NEARBY LANDOWNER;
01-161 1. B. SUBJECT TO FINDING II(A) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, DENY THE
APPEAL OF THE PROJECT APPLICANT;
C. SUBJECT TO FINDINGS III(A-D) AS DETAILED IN THE
STAFF REPORT'DATED MAY 22, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS WITH THE FOUR
MITIGATION MEASURES DETAILED IN THE STAFF
REPORT DATED MAY 22,2001;
BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - May 22,206-1
D. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT
TO DEVELOPMENT DOES NOT CONTAIN ANY
SIGNIFICANT AMOUNT OF WILDLIFE HABITAT, AND
THE UNDEVELOPED AREA ON THE PROJECT SITE
THAT CONTAINS EXTENSIVE WILDLIFE HABITAT
WILL NOT BE DISTURBED BY THE PROJECT; AND
E. SUBJECT TO FINDINGS V(A-C) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
"EXHIBIT A" OF THE STAFF REPORT DATED MAY 22,
2001, APPROVE USE PERMIT 01-15 FOR THE
PARADISE EVANGELICAL FREE CHURCH AND
AUTHORIZE THE CHAIR TO SIGN.
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL BY
THE PROJECT APPLICANT, THE FOLLOWING ACTIONS
SHOULD BE TAKEN:
A. SUBJECT TO FINDING I(A) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, DENY THE
APPEAL OF THE NEARBY LANDOWNER AND.
UPHOLD THE APPEAL BY THE PROJECT APPLICANT;
B. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, WITH THE. FOUR
MITIGATION MEASURES DETAILED IN THE STAFF
REPORT DATED MAY 22; 2001;
C. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT
TO DEVELOPMENT DOES NOT CONTAIN ANY
BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - May 22, 2001
M
SIGNIFICANT AMOUNT OF WILDLIFE HABITAT, AND
THE UNDEVELOPED AREA ON THE PROJECT SITE
THAT CONTAINS EXTENSIVE WILDLIFE HABITAT
WILL NOT BE DISTURBED BY THE PROJECT; AND
01-161 2. D. SUBJECT TO FINDINGS IV(A-C) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED MAY 22,
2001, WITH THE DELETION OF CONDITION NO. 9,
APPROVE USE PERMIT 01-15 FOR THE PARADISE
EVANGELICAL FREE CHURCH AND AUTHORIZE THE
CHAIR TO SIGN. (3267)(**00)
MOTION: SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED
MAY 22, 2001, I MOVE TO DENY THE APPEAL OF THE NEARBY
LANDOWNER; SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF
REPORT DATED MAY 22, 2001, I MOVE TO DENY THE APPEAL OF THE
PROJECT APPLICANT; SUBJECT TO FINDINGS III(A-D) AS DETAILED IN
THE STAFF REPORT DATED MAY 22, 2001, I MOVE TO ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS WITH THE FOUR MITIGATION MEASURES DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001; FIND THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE AREA SUBJECT TO DEVELOPMENT
DOES NOT CONTAIN ANY SIGNIFICANT AMOUNT OF WILDLIFE
HABITAT, AND THE UNDEVELOPED AREA ON THE PROJECT SITE THAT
CONTAINS EXTENSIVE WILDLIFE HABITAT WILL NOT BE DISTURBED BY
THE PROJECT; AND SUBJECT TO FINDINGS V(A-C) AS DETAILED IN THE
STAFF REPORT DATED MAY 22, 2001, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN "EXHIBIT A" OF THE STAFF REPORT DATED
MAY 22, 2001, FURTHER MOVE TO APPROVE USE PERMIT 01-15 FOR THE
PARADISE EVANGELICAL FREE CHURCH AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR JOSIASSEN OFFERED TO HOST A MEETING FOR PROPERTY
OWNERS AND THE CHURCH TO HELP FACILITATE
COMMUNICATIONS ABOUT POSSIBLE MITIGATIONS OF IMPACTS
TO THE SURROUNDING NEIGHBORS. SUPERVISOR YAMAGUCHI
OFFERED TO ASSIST WITH THIS MEETING.
—BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES May 22, 2001
Paradise Evangelical Free Church, (Item on which a notice of intent to adopt a Negative
Declaration with mitigation measures regarding environmental impacts has been given) Use Permit
to allow an athletic field (baseball, soccer, etc.) and restrooms, and for a 6,000 square foot
gymnasium with restroom and shower facilities. The gymnasium will also serve as Sunday school
rooms. The project is proposed to be developed in three phases:
Phase 1 - Construction of the athletic field upon approval of the Use Permit
Phase 2 - Restrooms (one to two years after approval of the Use Permit)
Phase 3 - Gymnasium (two to five years after approval of the Use Permit)
The athletic field will be used for games held by members of the church and for church league games.
The applicant does not propose to allow non -church leagues (i.e. Paradise Recreation District) to use
the field. The applicant anticipates that the field will be used for organized games two to three t=mes
per week. The property is zoned AR -1 (Agricultural Residential - 1 acre parcels). The property is
located on the north side of Safari Lane, on the northwest corner of Pentz Road and Safari Lane, at
5095 Pentz Road, Paradise. APN 055-290-083 (SB) (UP 01-15) (VIDEO)
A video of the site was shown. Mr. Betts gave a brief summary of the project. He said the construction will
cause noise and staff is asking that the hours of construction be limited. He said the nearest neighbor is .100
feet from the property. 'He said the applicant does not intend to have night lighting which is a condition of
the permit.
The hearing was opened to the public.
Imar Jacobson said the aim of this request is to better serve the community and to help the youth in the area.
Commissioner Lambert questioned the restrooms being installed two years after the athletic field is put in.
Mr. Jacobson said the church facilities will be available until then.
Commissioner Marin said he has studied having a traffic light verses a left turn lane. He said the traffic
needs to be slowed down for people coming to the facility. -
Mr. Jacobson said'the present speed laws need to be enforced.
Commissioner Marin said this property will be annexed into the Town of Paradise in the future. He said th--y
should go to the Town and see what the Town wants, either a traffic signal or a left turn lane.
Mr. Betts said staff requested comments from the Town of Paradise. He said the Town did not submit any
recommended conditions for this project. He said the Town asked staff to check with other agencies, which
they did.
Mr. Jacobson said' Condition 9 for a left turn pocket on Pentz Road or provide an estimate and analyses,
prepared by a registered engineer, of traffic generation and turning movements to the Public Works
Department for review and comment, was agreeable.
Mr. Betts said this condition was on the original church Use Permit.
■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ APRIL 26, 2001 ■ PAGE 5■
Charles Kaza said this is a nice neighborhood. He said it is a residential area. He said 10 feet for a buffer
between the field and the subdivision is not enough. He said when children on the base ball field lose balls
they will go over the fence into the subdivision.
Joann Knappenberger submitted fetters in opposition. She said she was led to believe this addition would
be a small playground for small children. She said this project will impact up to Pearson Road. She said
she is concerned the field area might be rented for soccer games and she objects to that. She said soccer
games would not be in the interest of the immediate community. She said she is concerned that this field
will become too busy and too active. She said the field would have to be kept green and this would impact
the water in the area. She said residents are asked to conserve water. She said she would like this
application tabled so more people can be contacted. She said this will ruin the neighborhood.
Dick Dunkal said he owns the Golden Eagle Nest. He said he has been there for.30 years. He said he is
concerned that his beer and alcohol license could be in jeopardy because of the proximity to children playing
next door. He said there could be problems with vandalism. He said he would like this permit put on hold
until they have more information.
Beth Knappenberger said this field will impact the wildlife in the area. She said the field area has been
cleared and she is concerned that more clearing will need to be done.
Mr. Dunkal said the property between him and the church is abundant with wildlife and he would like- the
area to remain as it is.
Mr. Jacobson said the property is posted for no skateboarding or bicycles.
Chairman Nelson asked Mr. Jacobson if he is working with the neighbors.
Mr. Jacobson said he is surprised in his neighbors' change of attitude. He said he is willing to work with
the neighbors. He said he wants an athletic field and not just a sandbox.
Ted Biggs said that Pastor Jacobson is planning to leave the area, but the church is not totally run by the
Pastor.
Dick Hamilton, Director of the Church, said they have sought to keep activities under control. He said the
church has actively posted signs and has talked to the children. He said vandalism has dropped in the area.
Joann Knappenberger asked that there be no bleachers. She asked about changing the direction of the fi-ld
if this permit is approved.
Commissioner Leland said there is three hundred feet from the field to the neighbors.. He asked how far can
children hit a soft ball. He did not see this as' a problem.
The hearing was closed.
Commissioner Marin said he thought this was a good project and that the people need to work together..
Commissioner Lambert asked about the wildlife in the area.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 26, 2001 ■ PAGE 60
Mr. Betts said there are some resident deer, but this is not in a winter deer herd corridor. He said most of
the area for the field has already been cleared.
Chairman Nelson said if there is a small set of bleachers, they should be located as close to the middle of
the field as possible.
Commissioner Lambert asked about fencing the athletic field.
Mr. Betts said that no fencing is proposed.
Commissioner Leland said this is a good proposal. He said he did not see church activities for children
bringing in crime to the area. He said the children will be supervised. He said the property is zoned AR -1
and he feels that this use would have less of an impact than one acre homesites would as far, as noise and
interrupting wildlife. He said he thought this was a good project, good for the community.
It was moved by Commissioner Leland, seconded by Commissioner Lambert, and unanimously carried to
approve the Use Permit for the Paradise Evangelical Free Church subject to the findings and conditions listed
below, adding a condition that no public outdoor address system will be allowed, -and limit the hours on the
field to daylight hours modifying Condition 6. On Condition 6 add the sentence that states "No activity ;hall
be allowed after dark and no public address system shall be allowed."
Mr. Wilson explained that there is a 10 day appeal period.
I. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation measures
1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with the following
findings:
A. Find that an Initial Study was completed in compliance with the California Environmental
Quality Act, that said study identified potential significant environmental effects and incicdes
mitigation measures that would mitigate such effects below significant levels, and thit a
Mitigated Negative Declaration'is proposed.
B. Find that the Planning Commission 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 Planning Commission, including the Initial
Study and any comments received, that there is no substantial evidence that the Use Permit
project for the Paradise Evangelical Free Church, as mitigated, will have a significant effect
on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent judgement
and analysis of the County, which is the lead agency.
II. The design of the proposed project improvements will not cause environmental damage to fish and
wildlife or their habitat because the area subject to development does not contain any significant
amounts of wildlife habitat. Therefore, a "de minimus" impact of finding regarding fish and wildlife
and their habitat is hereby made. The collection of fees pursuant to Fish and Game Code Section
711.4(d)(3) and 14 CCR 753.5. is not required.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 26, 2001 0 PAGE 78
III. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to the condition,, found
in Exhibit A, with the following findings:
A. The proposed use 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 property, or detrimental to the health, safety and general welfare of
the persons residing or working in the neighborhood, or to the general health, welfa-e and
safety of the County because:
1. The athletic field will not be lighted.
2. Measures are required to be taken during construction activities to prevent fugitive
dust emissions.
3. The times of construction activities are limited to prevent significant noise impacts
to nearby residents. After construction, the project will not create any significant
noise impacts.
4. The project will not create a significant aesthetic impact because the proposed
improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff from the
site, and a soil erosion control plan are required to be submitted to the Public Works
Department for review and approval.
7. The applicant is required to submit to the Public Works Department an estimate .end
analysis, prepared by a registered engineer, of traffic generation and turning
movements for vehicle traffic generated by the project. If the traffic estimate/analysis
determines that a left turn lane or other road improvements are needed, the applicant
is required to construct the improvements prior to issuance of the Use Permit
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with a Use
Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public uses as
Secondary Uses.
Conditions of Approval:
Planning Division
1. Measures shall be taken to control fugitive dust emissions from all civil construction associated wir"h
development of the site. Standard Mitigation Measures to prevent or reduce fugitive dust emissions
can be obtained from the Butte County Air Quality Management District. (Mitigation Measure)
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 APRIL 26, 2001 ■ PAGE 8■
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any soil
disturbance, prepare a Best Management Plan to address erosion control during site preparation and
building construction. The erosion control methods proposed shall be methods accepted by
professional civil engineering practices and prepared by a registered civil engineer. The plan shall
make provisions to stabilize all disturbed soil that is subject to erosion, prior to the onset of the rainy
season (November 15). If work is to be performed during the winter (November 15 - April 15), a
temporary erosion control plan shall be established and implemented on a daily basis to provide for
interim measures for periods of rain. The Best Management Plan shall be submitted to the
Department of Public Works for review and approval. The applicant shall submit a copy of the
approved Best Management Plan to the Planning Division and the Building Division. No clearing
or land disturbance shall take place until the Planning Division and the Building Division have
received a copy of the Best Management Plan. (Mitigation Measure)
All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, and 10
a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field inspection to
verify all conditions of approval and ordinance requirements have been met. .
5. Use of the athletic field and the gymnasium shall .be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and by any
public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed. No activity shall be allowed after dark and no
public address system shall be allowed.
7. 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 date-stamped
February 13, 2001, and is incorporated herein by this reference.
Public Works Department
8.. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-18 road
approaches and construct them to County standards, as specified in County Improvement Standards.
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct a left turn pocket on Pentz Road or provide an estimate and analysis, prepared by a
registered engineer, of traffic generation and turning movements to the Public Works Department for
review and comment. Any road improvements identified in the analysis as being required shall be
installed by the applicant prior to issuance of the Use Permit.
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution for
drainage shall be *submitted to and approved by the Department of Public Works. The drainage plans
shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or
publicly maintained drainage channel or facility and shall provide that there shall be no increase in
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 26, 2001 ■ PAGE 9■
the peak flow runoff to said channel or facility. A copy of the approved plan shall be submitted to
the Planning Division and the Building Division. (Mitigation Measure)
Fire Department
11. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow is
available to meet the increased area. This may require the installation of an additional fire h-drant.
Building Division
12. Building permits required. Prepare 4 sets of construction plans and make an application for permit.
Construction shall comply with federal, state, and local regulations. Plans shall be prepared, lsealed
and signed by a California Licensed Architect or Registered Engineer for non-residential bu=ldings
and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an acc-,ssible
path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate
compliance forms (two sets) shall be submitted indicating compliance with those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction
standards.
17. ' Development fees for.the proposed residential or non-residential improvements shall be pai.1 prior
to the issuance of building permits. The fees shall be those in effect at time of application, and shall
include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer
Service Fees, Permit and Plan Check fees, and Fire Protection Fees.
Environmental Health Division
18. Under County permit, upgrade the existing septic systems to accommodate increased develo::)ment.
19. Prior to issuance of the Use Permit, obtain approval fro the Del Oro Water Company that they are
able and willing to provide the necessary flows to service the entire project. '
Other Conditions
20. Applicant must also comply with all other applicable State and local statutes, ordinances and
regulations.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 26, 2001 ■ PAGE 10■
:17-
11/21/2003
8:38 AM
Butte County Department of Development Services
Pre -bill Worksheet Page 1
Selection Criteria
Applicant (hand sel Include: UP 01-15
Nickname UP 01-15 11611
Full Name Paradise Evangelical Free Church
Address 5095 Pentz Road
Paradise CA 95969
Phone 1 Phone 2
Phone 3 Phone 4
In Ref To UP 01-15
Fees Arrg. By billing value on each slip
Expense Arrg. By billing value on each slip
Tax Profile Exempt
Last bill
Last charge 4/28/2001
Last payment 11/18/2003 Amount
$84.75
Date Employee
Rate
Hours
Amount
Toaal
ID Task
Markup %
DNB Time
DNB Amt
2/5/2001 Steve B.
59.00
0.50
29.50
Billable
33861 P
Processing
2/19/2001 Larry P.
59.00
1.25
73.75
Billable
34254 P
Processing
3/5/2001 Steve B.
59.00
6.50
383.50
Billable
34326 P
Processing
3/19/2001 Steve B.
59.00
2.00
118.00
Billabl'--
34546 P
Processing
4/2/2001 Lynn R.
45.00
1.00
45.00
Billable
34671 C
Clerical
4/16/2001 Lynn R.
45.00
1.50
67.50
Billable
34995 C
Clerical
4/28/2001 Lynn R.
45.00
1.50.
67.50
Billable
35111 C
Clerical
11/21/2003 Butte County Department of Development Services
8:38 AM Pre -bill Worksheet
UP 01-15:Paradise Evangelical Free Church (continued)
TOTAL Billable Fees
Total of billable expense slips
Calculation of Fees and Costs
Fees Bill Arrangement: Slips
By billing value on each slip.
Total of billable time slips
Total of Fees (Time Charges)
Total of Costs (Expense Charges)
Total new charges
Accounts Receivables
DatellD Type Description
2/13/2001 CRED Deposit - Receipt #19203
1664 .
11/18/2003 PAY Payment
2550 Receipt #391328. Check No. 4388
Total Accounts Receivable
New Balance
Current
Unapplied
Total New Balance
14.25
Page 2
Amount Total
$784.75
$0.00
Amount Total
$784.75
$784.75
($700.00)
($84.75)
$784.75
($784.75)
$000
$784:75
($784.75)
Tuesday, November 18, 2003 Development Services
PLANNING DIVISION ver. 1.0
Counter
Person Diane
(General Fund)
Payment Date
'11/17/2003
Receipt Number
:391328
Received From
:Paradise Evangelical Free
.Church
Applicant
same
Application Number
UP 01-15
or In Reference To
Parcel Number
"055-290-083
Check Number/ Cash
°4388 -
Total Received $84.75
Total Fees
$84.75 T!
DDS Planning
$84.75
(General Fund)
Public Works
$0.00
$0.00
Environmental Health
CDF (Fire Department)
$0.00
$0.00
NOD / NOE
(Recording Fee)
Aunt Minnie
$0.00
$1, 500 or $2,000
Planning Review
$0.00
Fish/Game
$0.00
$0.00
ALUC
$0.00
Non Sufficient
Funds ($25.00 Fee)
Cell Tower
$0.00
$0.00
Public Sales /Copies
$0.00 .
Other:
-----------------
COUNTY OF BUTTE 391328
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OFFICIAL RECEIPT ^
OFFICE OR D�OTMENT ISSUING RECEIPT / l
Received from Ref A-11-1-nom , &)a n ae c,,�/2w C� c-4
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Received: u p Received By �L)`�
CASH ❑
Title
CHECK Ef By
DAVCO BUSINESS FORMS • (530) 743-6511 Form 75702
COUNTY OF BUTTE 391328
^, OFFICIAL RECEIPT
OFFICE OR DEP60TMENT ISSUING RECEIPT (�J
Received from
7
S
The Sum of tot)
For -
Received: /5"
Received By
CASH
Title
CHECK Ef
By
DAVCO BUSINESS FORMS • (530) 743-8511 Forth 75702
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COUNTY OF BUTTE
AUDITORS CER i FICATE AND TREASURER'S RECEIPT
OROVILLE, CA
RECEIVED FROM PLANNING
BAG 0 330
ATR NO 69049
DATE 1111812603
DE SSCRIPTI631oi
FUND FUND DEPT
TITTLE: CODE CODE
ACCT CASH
CODE CODE: AMOUNT
DEPOSIT DATE:: 11-153
RECEIPTS: 391323-391331
,'PLANNING APPL PEES
OE NL W110 4.4001
4210900 loiool 785.13
Project Number
Amount of Pee
#055-290-083 Paradise Evngol ch UP 01-15
#040-2$0-106,107 lB Colby Co TSM 02-02
$670.38
AUNT MIB NIE: DEPOSITS PLAN -PERF TR 1001
280 1011W5 2,000.00
(11 19 )
Project Number
Amount of Fee
#0397370-092 S Holland ADM 04-08
$2,000
TOTAL $ 2§785.13
APPROVED BY: RECEIVED BY:
AUDITOR -CONTROLLER TREASURER
By:
white=treasumr piny --auditor canary --depositor golden rad= ale
1
•
Butte County Department ofDevelopment Services
Administration - AR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
Use Permit
File: UP 01-15
APN: 055-290-083
Applicant: Paradise EvangelicalFree Church Date: November 5, 2003
'5095 Pentz Road
Paradise,: CA, 95969
INVOICE UP 01.15
Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billin
program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and ar
not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entere
and billed, you will receive a FINAL INVOICE.
The following payments have been applied to your application:
Deposit Disbursement:
Deposit Date: February 13, 2001 Environmental Health' $171.00
Receipt: 19203 CDF/Fire Department $43.00
Total Payment $1064.00, check 5200 Land Development $150.00
DEVELOPMENT SERVICES - PLANNING DEPOSIT $700.00
Receipt 19744, Check 3300 $25.00 NOD/NOE filing fee
The following charges have been applied to the processing of your application:
Professional Planner $531.00
Mapping 73.75
Clerical 180.00
TOTAL CHARGES: $ 784.75
The costs thus far in processing your application have exceeded the deposited/paid amount by: $ 84.75 I
Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an
amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore J
balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the
applicant does not provide sufficient funds to continue processing an application, the application will be denied.
Make checks payable to: Butte County Treasurer and send it to us at the above address.
Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday.
AMOUNT DUE AND PAYABLE
.November 20-2003 � $4.75
L
K:\FISCAL ADMIN\BILLINGS & REFUNDS\SENT BILLINGS\Para Evang Free Church Up 01-15 110503
� F
11/5/2003 Butte County Department of Development Services
1:18 PM Pre -bill Worksheet
�1�►,�`�L.Q,UI., k
Selection Criteria
Applicant (handsel Include: UP 01-15
Nickname
UP 01-15 11611
Full Name
Paradise Evangelical Free Church
Address
5095 Pentz Road
Rate
Paradise CA 95969
Phone 1
Phone 2
Phone 3
Phone 4
In Ref To
UP 01-15
Fees Arrg.
By billing value on each slip
Expense Arrg.
By billing value on each slip
Tax Profile
Exempt
Last bill
Last charge
4/28/2001
Page 1
n, .-7,3
f T?Oaf5:�
Last payment
Amount $0.00
K �—,
/,-
Date Employee
Rate
Hours
Amount
Total
ID Task
Markup %
DNB Time
DNB Amt
2/5/2001 Steve B.
59.00
0.50
29.50
Blllcble
33861 P
Processing
2/19/2001 Larry P.
59.00
1.2573.75
Billable
34254 P
Processing
3/5/2001 Steve B.
59.00
6.50
383.50
Billable
34326 P
Processing
3/19/2001 Steve B.
59.00
2.00
118.00
Billable
34546 P
Processing
4/2/2001 Lynn R.
45.00
1.00
45.00
Billaole
34671 C
Clerical
4/16/2001 Lynn R.
45.00
1.50
67.50
Billa:)le
34995 C
Clerical
4/28/2001 Lynn R.
45.00
1.50
67.50
Billa)le
35111 C
Clerical
7�
11/5/2003 Butte County Department of Development Services
1:19 PM Pre -bill Worksheet
UP 01-15:Paradise Evangelical Free Church (continued)
TOTAL Billable Fees
Total of billable expense slips
14.25
Amount
Page 2
Total
$784.75
$0.00
Calculation of Fees and Costs
Amount
Total
Fees Bill Arrangement: Slips
By billing value on each slip.
Total of billable time slips
$784.75
Total of Fees (Time Charges)
$784.75
Total of Costs (Expense Charges)
$0.00
Total new charges -
$782.75
Accounts Receivables
DatelID Type Description
2/13/2001 CRED Deposit - Receipt #19203
($700.00)
1664
Total Accounts Receivable
($70C.00)
New Balance
Current
$784.75
Unapplied
($700.00)
Total New Balance $84.75
R-' DEPARTMENT OF DEVELOPMENT SERVICES
BUTT:... OUNTY UNIFORM APWCATION
►PPLICANT: Anent information to be provtt]e(I is On other stae:
APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER:
Darpdise ua,M .I to F e -c thauh 0153
ADDRESS: r /� CITY,, STATE &(ZIP CODE: ROLE NUMBER: (FOR O CE USE)
1A99' f//�77 i_r�F7 IQ d pat�f�te ra 957kQ - 01 —l7
NAME OF PROPOSED PROJECT (If any)'\ pp TELEPHONE
c ie�cQ I-ev•tla
LOCATION OF PROJECT ( Major cross streets and Address, if any )
e a�Y i 4H
GENERAL INFORMATION REQUIRED
OWNER'S NAME
TELEPHONE
t4-" FVQh ` .1 e-
FYQt Ch WY Ci
("a) &%%- yIti/
ADDRESS:
CITY, STATE & ZIP CODE:
.61 G 9� Pe
ONE
GENERAL PLAN
EXISTING LAND USE
SITE SIZE ( in Square Feet or Accts )
0 -
EXISTING STRUCTURES (in Square Feet)
PROPOSED STRUCTURES (in Square Feet)
05a° 3I
(Check One)
��
(Check One)
0 PROPERTY IS OR PROPOSED TO BE SEWERED
PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
R PROPERTY IS OR PROPOSED TO BE ON SEPTIC
O PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED '4 k
0 GENERAL PLAN AMENDMENT 0 TENTATIVE SUBDIVISION MAP
0 REZONE 0 TENTATIVE PARCEL MAP
1 USE PERMIT D 0 WAIVER OF PARCEL MAP
0 MINOR USE PERMTT Re t I of O BOUNDARY LINE MODIFICATION
0 VARIANCE
6U t t ` v DIVISION
0 MINOR VARIANCE p�ANNING
0 ADMINISTRATIVE PEAMTf
0 DEVELOPMENT AGREEMENT
0 LEGAL LOT DETERMINATION
0 CERTIFICATE OF MERGER
0 MINING AND RECLAMATION PLAN
0 OTHER
PROJECT DESCRIPTION t
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division , describe the number and
size of parcels.)
Sec ct.'�i�e.�t.oC
OWNER CERTIFICATION :•:;;:
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.)
DATE: /\ ,
at SIGNATURE:
AGENT AUTHORIZATIA
To Butte County, Department of Development Services;
INg mg r, Se,.1 g�7-Y7-yl
Print Name of Agent and Phone Number
o Z.6 12e.K 47, r?aox/ Pa ro-CtI'S a c/1 ? C(&
is hereby authorized to process this application for US Q_ %9e r A4 r �
on my property, identified as Butte County Assessor Parcel Number APN &S5" :19 a B k S .
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all
documents necessary for said vrocessing, but not including do r
interest.
Owner(s) of Record: (sign and print name)
Print Name C, rKa a� l3
Signature
Architect and/or Engineer:
Print Name of Architect/Engineer and Phone Number
Mailing Address
FOR OFFICE USE. ONLY
Verify:
Date Received:
V AP Number(s)
Owners Authorization
Project Description
_. Taken by� " _Receipt No.��
D
FEB 13 2N
BUTTE COUNTY
PLANNING DIVISION
as rd
&I D, re e t xame
P 4' Fc
Signature
Total Amount Received:
" I/ Legal Description
Zoning Requirements
Copies of plot plan
E.H. .. LD IS"0 Plan
FD
Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit)
will be returned upon final action.
...Current fee for this application is $ h as of a
Make check payable to "Butte County Treasurer".
� 4
PARADISE
EVANGELICAL FREE. CHURCH
. TEACHING THE WORD
OF TRUTH
2 Tim. 3:16,17
INGMAR JACOBSEN, Pastor
February 6, 2001
To Whom it May Concern;
Re: Paradise Evangelical Free Church Use Permit
(916) 87-4241
It is our desire to enhance the over all ministry of the church by utilizing the potential of
our property at this location.
In the short term, we would like to improve our facilities for recreation.
The area to the North of our building is impractical in its present form. It is too rough and
has too much slope for a good playing area. We propose:
--Leveling an area about 300 feet square.
This could serve as a ball diamond, a soccer field and other athletic activities.
--This would be primarily for church use.
We believe an athletic program would serve our congregation well.
It might on occasion be used for,Church League games.
--We are not presently planning lighting nor bleachers.
It would be for daytime use. only.
--It would not significantly increase traffic flow. Any increase we experience would be due
to normal Church growth. We do have adequate parking.
--There would be little or no environmental impact as it is not in the path of any migratory.
wildlife.
--There are four dwellings within 300 feet if the proposed project, -and we have spoken
with three of them. Two of them are very supportive of the idea, and the third
showed little interest.
In the Long Term we would like to build a larger sanctuary, a gymnasium, a classroom
complex, offices, tennis court, and an amphitheater.
Rev. Ingmar Jacobsen, Senior Pastor
5095 PENTZ ROAD • PARADISE, CALIFORNIA. 95969
WE CARE, BECAUSE HE CARES ...
0
COUNTY OF BUTT
ENVIRONMENTAL INFORMATION FORM
(To be Completed By Project Applicant)
General Information:
1.
2.
3.
4.
Date Filed ' `J- 13 - O 1
Name and address of owner, and/or developer, and/or project sponsor:
Address of protect b oq4 P'eZt a. /'[a•
Assessor's Parcel Number. G S �� 1 Q 0
concerning this project
List and describe any other related permits and other public approvals required for this project, incl iding
those required by city, regional, state and federal agencies:
5.1 Existing general plan designation: L Q R
6. Existing zoning district:
A If -
7. How is land currently used? C h u rc, h cz Z3 I c S
8. Proposed use of site (Project for which this form is filed): a rA
vi
Project Description: S
9. Site sizer t D (Acres/Sq. Feet)
10. Off-street parking spaces: Full size: mpact: Total:
11. Plans attached Yes No _ 1E pN $10N
12. Proposed development schedule
PANNING
13. Associated projects
14. Anticipated incremental or phased development `3 ph ase s
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 o` sates
area and loading facilities. �) /�.
17. If industrial, indicate type, estimated employment per shift, and loading facilities.
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project.
re(A..( Q IA i v 1 i t e S . rpt c A, : 0t Sc�c As -rt a y 3 /'f . t-f-'a(I ( 4A., S � 4 of
3e- PA44 t'm -C-
C Butte County Department of Development Services 0 Planning Division 0
1
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 this
and indicate clearly wt the application is required. If permits have (readbeen iss ed, please at:ach as
Exhibit t'4 �Ib ��..;� _ P ./n,AA.. +n,,,_r��. �i_
Are the following items applicable to the project or its effects? Discuss below all items checked
yes (attach additional sheets as necessary).
Adti(��L�
to ax ro..0-ms -4- J'ii��,�:K�
a—s y�s �y,�hQs�u►�
❑ Butte County Department of Development Services ❑ Planning Division ❑
2
YES NO
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.
X
25.
Change in bay, lake, river, stream or ground water quality
or quantity, or alteration of existing drainage patterns.
_ 1(
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).
_ X
30.
Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
31.
Relationship to a larger project or series of projects.
re la � S�(tr{ fv�q
I.�LIIrG
Adti(��L�
to ax ro..0-ms -4- J'ii��,�:K�
a—s y�s �y,�hQs�u►�
❑ Butte County Department of Development Services ❑ Planning Division ❑
2
} NIr
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 photo raphs of the site. Snapshots or Polaroid photos will be
accepted. 1-1 is Cin oan � ce aCtb e
l,aa<lad: `rhes is pres" 4L� yi a- 6h trjA b uddt-t j sat �Fh,- St+e.
33. Describe the surrounding properties, inclu5ing 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 (h_eight,
frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be
accepted. G.rcq n44,tt -4 be G �e�r.ed a P aci o-vt oa A -- no ett.vr r" m am/4-4/(
Certification I M P a. e t
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 AAcorrect to the best of my knowledge and belief.
Date Signature for
d2 -13-a1 �mrs..ot'�s•e �yange(tee,( (=r.�a CI(u.rch
K:\FORMS\SUBMITTAL\ENV-INFO \
C� FE
0 Butte County Department of Development Services 0 Planning Division 0
11
USE PERMI]
APPLICATION PACKET
This checklist is designed to assist applicants in making sure all
application packet. Please include this checklist along with your su
in their
Applicant Planner
I. A completed, signed, Uni orm ApplJ icationn7and Environmental_Information form. If the
application is signed by an agent for the property owner, an agent-authori Mio`n form :Bust
be submitted along with the Uniform Application. The application shall not be accepted
unless signed by the owner or authorized agent.
2. 13/Payment of the currently required Application Fee and/or Deposit (Any unused portion of
the deposit will be returned upon final action, if any remains.) (Planner advises applicant)
3.U Thifty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All
plans shall be drawn on uniform size sheets no greater than 24" x 36". The finished plans
shall be folded to 8 '/2" x I V. The detailed site plan must include:
a. ® Name and address of Applicant, Engineer and/or person who prepared the plan
b. Q9
c.
d.
e.
f.
Pro erh' lines and lot dimensions
P
,vpg/`ta�`k"
Assessor Parcel Number(s) and the street address.
Proposed use and/or uses of the property.
C�/Proposed landscaping plan, if applicable.
Dimensioned locations of existing and proposed improvements on the property
(including, but not limited to, buildings, driveways, parking areas, wells, septic tanks
and leach fields).
g. ® Distances from anysignificant natural and constructed features of the property, sLch
as streets, access roads, streams, rock outcroppings, major tree stands, storm drai.ls,
bodies of water, railroads, to the property lines.
IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE.
1
Ca/
h. V3 Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural
drainage courses, irrigation canals and existing vegetation worthy of consideration for
preservation, such as oak trees.
A
I. —El"— Any existing faults or fractures and geologic hazards.
j. El 0 // North arrow and scale'of drawing. All plans shall be drawn to an engineering scale
with the preferred scale of V = 20', with a north arrow preferably oriented to the top
of sheet.
.
k ® All plans must be clear and legible.
. g
4. ® ET/One copy of 8 '/2" x I V transparency reduction of the detailed site plan.
5. —EJ__A vicinity map showing closest major cross streets, zoning and existing land use.
After a meeting with a Butte Countv Planner the following checked items will be reauired to be submitted
at the time of application: (optional)
¢. ❑ O (1) set of colored plans mou foam boards, WN-65F94all include anyiliu)trative site
plan, ill stra ' e ilding vations, d any ne ssary cros
requirement may b ived by the Planni anager. Portions
size revro&wdhl. via for each shit in the
ra'ved ❑ YE�❑ _VO'
of t>4 d ed sit
r�00
Ef"Detailed site plan including the following:
O Buildin setbacks from the ultimate road ri t-of-wa front rear, sides).
g 8h Y ( )
0/
Proposed and existing on-site driveways and/or roads.
Location, height, and mater.ials of walls and fences (sections may be required).
gh, q )
IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WELL BE DEEMED INCOMPLETE.
2
x
a
0
All drivewa s drawn to scale on within
Y> >
100 feet of the subject site.
e.� El—lixisting curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet
of the site, on adjacent and across the street properties.
f. `-0---- Typical street section(s).
g. ® El/ Nearest cross streets on both sides with plus or minus distances from subject site.
h. Approximate location of all buildings within 100 feet, on ad�acent properties.
I. f —0i Pro osed method of sewer and water connection or alternative method of e sewa
P g
disposal and potable water supply.
j. Existing and nearest fire hydrants.
k. ® Access, bothP edestrian and vehicular, showing service areas and points of ingress and
egress.
1. Unternalcirculation pattern.
M. W Elevation contours, at a minimum per USGS maps..
The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape
concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, pw/ing
and other elements as may be necessary to illustrate the site,plan. (Dimensions may be excluded from this pltn.)
11. LI —El'Conceptual Grading Plan
Items to be shown include:
a. M - /Natural areas to beP reserved.
IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION- WILL BE DEEMED INCOMPLETE..
3
•
•
C. ® Existing and proposed contours within 100 feet of project boundaries.
d. Proposed drainage and flood control facilities.
e. ® Erosion control measures (e.g. - slope landscaping).
f. LTJ Natural drainage.
g. U —E3—Elevations and finished contours.
h. Location of retaining walls, drainage channels and existing structures.
I. Location, elevation and size of proposed building pads.
12. ustrative Building Elevations
Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative
building elevations means architectural elevations showing typical materials to be used, trees, landscaping and
shadows to give the elevations graphic dimension.
Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above
submittal information or to complete any required environmental review documents, as deemed necessary by the
Department of Development Services, Public Works, Environmental Health Division, Butte County Fire
Department, or Agriculture Commissioner.
Signature: Date 6 I
Applicant/Re resentativ
Signature:Date: _
e n lication E _-- --ll
D
C� �'8 �
KAP ORMS\SUBIXTALTHECKLIS\U E .FRM F E 3
FEB 1 S W
c�i TTF cvo;,.IT.
BUTTE COUNTY
PLANNING DIVISION
P/
IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE.
4
I + 1'
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4o a 33
ao FEB 1 3 2001
BUTTE COUNN _
PLANNING DIVISION
I
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e .. INGMAR JACOBSEN CDL N0564118 SZOO
i 497,9 MALIBU DR 872-4806
RADISE,CA 95969
Date/� ! I135n210
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OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
RECEIPT 19203
ISSUED B
C-1
1
DATE
RECEIPT TOTAL
NO. 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 19203
ISSUED B
C-1
1
055290083000
PARADISE EVANGELICAL FREE
CHURCH
5095 PENTZ RD
PARADISE CA 95969
055240013000
FALLON MARK & CATHERINE
5050 EDGEWOOD LN
PARADISE CA 95969
055290075000
DODGE RANDALL P & PAULA S
P0BOX 281
PARADISE CA 95967
i
055240011000
SCOTT JOHN ROBERT & LORI LOU
5020 EDGEWOOD LANE
PARADISE CA 95%9
055290039000
GUARDINO GARY M TRUSTEE
5084 PENTZ RD
PARADISE CA 95969
055290076000
DUNN TERRY
5150 PENTZ RD
PARADISE CA 95969
055240012000
PARKER JONATHAN EDWARD
5036 S EDGEWOOD DR
PARADISE CA -95969
055290059000
LILLARD JOSEPH E & KATHARINE V
4824 SALMON DR
PARADISE CA 95969
055290077000
VEGA JUDITH M
5005 ARDEN WAY
PARADISE CA 95969
055290078000
055290084000.
055290088000
-GEORGE CLERMON H & BETTY J JT
DUNKEL RICHARD WM A & SHIRLEY
ASE
BARNETT FLORIENE S
5019 ARDEN WAY
5157 PENTZ RD
5037 PENTZ RD
PARADISE CA 95969
PARADISE CA 95969
PARADISE CA 95969-6628
055290089000
055440120000
055530001000
LUTTENBACHER RALPH & NANCY
TURNER AUSTIN WAYNE & ALYCE
KASZA ELIZABETH
4955 SAFARI LN
TERESE
5011 CLUB DR
PARADISE CA 95969
4980 MALIBU DR
_COUNTRY
PARADISE CA 95969
PARADISE CA 95969
055530002000
KNAPPENBERGER ALBERT JR & JO
ANN
P O BOX 1975
PARADISE CA 95967
055530008000
MOORES ROBERT D & IRIS M
4918 MALIBU DR
PARADISE CA 95969
055530004000
COOLIDGE KEITH KIMBALL
4948 MALIBU DR
PARADISE CA -95%9
055530009000
LANG GREGORY S & MARCIA R
1954 DEAN ROAD
PARADISE CA 95969
055530040000
SCOTT KENNETH J & MARIANNE T J:\projects\Larrys\Euhibits\UP0115.doc
4965 MALIBU DR
PARADISE CA 95969
055530005000
SIMPSON DALE L & JUDY
4940 MALIBU DR
PARADISE CA -95969-7100
055530020000
UREN DAVID & JEAN
5084 PENTZ RD #11
PARADISE CA 95969
O
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS AUG 27 W
DATE: (Certified Mail Rec.)
UP 01-15
PERMIT NO.
055-290-083
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the'Cou6ty of Butte and the special conditions
set forth below, the Paradise Evangelical Free Church is hereby granted a Use Permit in accordance
with the application filed for an athletic field (baseball, soccer, etc.), a 500 square foot restroom
adjacent to the athletic field, and a 6,000 square`foot.gymnasium with, restroom,and'shower facilities.
The gymnasium will also serve as Sunday school rooms. The project will involve the grading of
approximately 2.2 acres of land.
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, or their respective designee, upon receipt of a
substantiated written request 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 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:
Planning Division
Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, -Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
5. Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed. No activity shall be allowed after dark and
no public address systems shall be allowed.
7. 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 date-
stamped February 13, 2001; and is incorporated herein by this reference.
Public Works Department
8. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in County
Improvement Standards.
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct left turn pockets on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works
Department for review and comment. Any road improvements identified in the analysis as
being required shall be installed by the applicant prior to issuance of the Use Permit. (Note:
This condition to be deleted if the Board of Supervisors upholds the appeal by the
project applicant)
S
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
Fire Department
11. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
Building Division
12. Building permits required. Prepare four (4) sets of construction plans and make an
application for permit. Construction shall comply with federal, state, and local regulations.
Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered
Engineer for non-residential buildings and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
17. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and• shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
Environmental Health Division
18. Under County permit, upgrade the existing septic systems to accommodate increased
development.
19. Prior to issuance of the Use Permit, obtain approval from the Del Oro Water Company that
they are able and willing to provide the necessary flows to service the entire project.
Other Conditions .
20. Applicant must also comply with all other applicable State and local statutes, ordinances 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:
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health
Division permits before starting construction,_pSx_does it waive any other requirements.
Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health Department
Butte County Fire Department/CDF
Assessor's Office
MAY 2.2 2009
•
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS AUG 2 7
p DATE:'. (Certified Mail Rec.)
{..tis : L'�... r K� yr � . :.C',
*UP 01-15
}
PERMIT NO.
055-290-083
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions
set forth below, the Paradise Evangelical Free Church is hereby granted a Use Permit in accordance
with the application filed for an athletic field (baseball, soccer, etc.), a 500 square foot restroom
adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom and shower facilities.
The gymnasium will also serve as Sunday school rooms. The project will involve the grading of
approximately 2.2 acres of land.
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, or their respective designee, upon receipt of a
substantiated written request 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 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:
Planning Division
1. Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
0 9
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The. erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Planta the Planning Division and the Building Division. No clearing or land disturbance
shall take.place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
5. Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed. No activity shall be allowed after dark and
no public address systems shall be allowed.
7. 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 date-
stamped February 13, 2001, and is incorporated herein by this reference..
Public Works Department
Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in County
Improvement Standards.
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct left turn pockets on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works
Department for review and comment. Any road improvements identified in the analysis as
being required shall be installed by the applicant prior to issuance of the Use Permit. (Note:
This condition to be deleted if the Board of Supervisors upholds the appeal by the
project applicant)
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
Fire Department
11. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
Building? Division
12. Building permits required. Prepare four (4) sets of construction plans and make an
application for permit. Construction shall comply with federal, state, and local regulations.
Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered
Engineer for non-residential buildings and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
17. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
Environmental Health Division
18. Under County permit, upgrade the existing septic systems to accommodate increased
development.
19. Prior to issuance of the Use Permit, obtain approval from the Del Oro Water Company that
they are able and willing to provide the necessary flows to service the entire project.
Other Conditions
•
20. Applicant must also comply with all other applicable State and local statutes, ordinances 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.
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health
Division permits before starting constructiop,-aor does it waive any other requirements.
Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health Department
Butte County Fire Department/CDF
Assessor's Office -
MAY 22 2 2001
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TO:
FROM:
x
NOTICE OF DETERMINATI
Office of Plan.& Research Dept.
1400 Tenth Street
Sacramento, CA 95814
X Butte County Clerk
SUBJECT:
Butte County Planning
7 County Center Dr., Oroville 95965
Filing of Notice of Determination.in compliance with Section 21108 or 21152 of the Public
Resources Code.
Project Title: UP 01-15, Use Permit
AP Number: 055-290-083
Applicant: Paradise Evangelical Free Church, 5095 Pentz Road, Paradise, CA 95969
State Clearinghouse Number (If submitted to clearinghouse):
Contact Person: Stephen Betts Telephone Number: 538-7601
Project Location: On the north side of Safari Lane, on the northwest corner of Pentz Road and Safari
Lane, at 5095 Pentz Road, Paradise.
Project Description: Use Permit to allow an athletic field (baseball, soccer, etc:) with lighting and
restrooms, and for a 6,000 sq. ft. gymnasium with restroom and shower facilities.
The gymnasium will also serve as Sunday school rooms.
This is to advise that the Butte County Board of Supervisors has approved the above-described project on
May 22, 2001, 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.
A Negative Declaration was prepared for this project pursuant to the provisions of
CEQA.
3.t Mitigation measures X were, 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 C#ter Drive
Or9yille, 95965
M. A. Mel-',-
Principal anner
Mitigation Measures:
Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a:m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
DECLARATION OF FEES Do
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Paradise Evangelical Free Church
5095 Pentz Road
Paradise, CA 95969
FILING NO.
Project Title/file number:
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
O 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). 19744
2. () NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: M. A. Meleka
Title: Principal Planner
Lead Agency: Butte County Department of
Development Services
Date: August 7. 2001
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL
DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY
OF BUTTE.
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FILING FEE EXEMPTION
De Minimis Impact Finding
(Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations)
Project Title / Butte County Location: UP 01-15, on the north side of Safari Lane, on the northwest
corner of Pentz Road and Safari Lane, at 5095 Pentz Road, Paradise.
Project Description: Use Permit to allow an athletic field (baseball, soccer, etc.) with lighting and
restrooms, and for a 6,000 sq. ft. gymnasium with restroom and shower facilities. The gymnasium
will also serve as Sunday school rooms
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:
M. A. Meleka
Principal Planner
Lead Agency: County of Butte
Date: August 7. 2001
July 17, 2001
Richard Hamilton
6146 Coral Avenue
Paradise, CA 95969
Re: Use Permit, AP 055-290-083
Dear Mr. Hamilton:
a
-� . tte Count
LAND OF NATURAL WEALTH AND EEAUTY
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 22, 2001 the appeal of the
Planning Commission's approval of a Use Permit to allow an athletic field (baseball, soccer, etc.) with
lighting and restrooms, and for a 6,000 sq. ft. gymnasium with restroom -and shower -facilities. The
gymnasium will also serve as Sunday school rooms was denied and the' -Use Permit approved.
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.
Enclosed are two copies of your Use Permit. 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
the date of this letter.
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.
Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days
to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions
of approval for this project.
Should you have any question's regarding this matter, please contact Stephen Betts at this office between
8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely, Z
W4;0_cr--- )
Lynn Richardson
Administrative Support
Service Assistant
/lr
BUTTE COUNTY _
CLERK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS
MEETING DATE:
AGENDA TRANSMITTAL - - �-ENDA
"Ad � . ,x :�
ITEM`
AGENDATITLE: Applicant/Appellant %' Paradise Evangelical" Free' 'ChuicWw"also*•= •; 14
DEPARTMENT: pps Plannin
DATE: 5/3/01
MEETING DATE REQUESTED: 54/22 % O1 .
Ste hen Betts'
CONTACT: P
PHONE: 7601
.
REGULAR ,CONSENT
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION .3;•
Appellant Beth and Jo Anii Rriappenberger=
See attached for summary and -action. -
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 Nom
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 No X
Date Received by Clerk of Board:
Will Proposal Require Additional Personnel: Yes No X
Number of Permanent: Temp Extra Help
Previous Sorg t( igr&te: Additional Information Attached: Yes X No
Describe:
Rev. 1198
SPECOL INSTRUCTIONS TO CLERO
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 Requlied'-'``•• For Information Onty` ' ' • • ��
BUDGETARY IMPACT. WORKSHEET
Current Year Estimated CostfFunding 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 S (No Cents) From To
Transfer = (No Cents) From To
Transfer S (No Cents) From To
Transfer S (No Cents) From
To
SUMMARY: Appellant # 1 - Beth and Jo Ann Knappenberger; Appellant # 2 - Paradise
Evangelical Free Church (Pastor Igmar Jacobsen), appeal of a Planning Commission decision to
approve a Use Permit for the Paradise Evangelical Free Church to allow an athletic field (baseball,
soccer, etc.), restrooms, and a 6,000 square foot gymnasium with restroom and shower facilities.
The athletic field will be used for games held by members of the church and for church league
games. The property is zoned AR -1 (Agricultural Residential - 1 acre minimum parcel size). The
property is located on the north side of Safari Lane, on the northwest corner of Pentz Road and Safari
Lane, at 5095 Pentz Road, Paradise. APN 055-290-083 (SB) (UP 01-15)
ACTION FOR CONSIDERATION -
Staff recommends that the Board of Supervisors deny the appeal sought by both appellants, and
approve the project, based upon the findings and conditions as approved by the Planning
Commission. Staff has also prepared findings for upholding the appeal by the project applicant and
approving the project without the requirement to install left turn pockets on Pentz Road.
I. Deny the appeal by the nearby landowner based upon the following finding:
a. Conditions of project approval will ensure that the project does not create any
significant impacts to the neighborhood.
II. Deny the appeal by the project applicant based upon the following finding:
a. A condition of project approval requires the applicant to submit to the Public Works
Department an estimate and analysis, prepared by a registered engineer, of traffic
generation and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that the project will create significant impacts to
the. intersection of Pentz Road and Safari Lane, left turn pockets or' other road
improvements as determined by the analysis are required to be constructed by the
applicant. This condition will ensure that any significant impacts to the intersection
of Pentz Road and Safari Lane caused by the project are mitigated.
III. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, that said study identified potential significant
environmental effects and includes mitigation measures that would mitigate such
effects below significant levels, and that 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 of Supervisors,'including the
Initial Study and any. comments received, that there is no substantial evidence that
the Use Permit project for the Paradise Evangelical Free Church, as mitigated, will.
have a significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the County, which is the lead agency.
IV. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain
any significant amounts of wildlife habitat. The undeveloped area on the project site that
contains extensive wildlife habitat will not be disturbed by the project. Therefore, a "de
minimus" impact of finding regarding fish and wildlife and their habitat is hereby made. The
collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5.
is not required.
V. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to .the
conditions found in Exhibit A, with the following findings:
A. The proposed use 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 property, or 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 County because:
1. The athletic field will not be lighted and public address systems will not be
allowed.
2. Measures are required to be taken during construction activities to prevent
fugitive dust emissions.
3. The times of construction activities are limited to prevent significant noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the
proposed improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
7. The applicant is required to submit to the Public Works Department an
estimate and analysis, prepared by a registered engineer, of traffic generation
and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that left turn pockets or other road,
improvements are needed, the applicant is required to construct the ;
improvements prior to issuance of the Use Permit.
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public
uses as Secondary Uses.
or
I. Uphold the appeal by the project applicant based upon the following finding:
a. Left turn pockets on Pentz Road at Safari Lane are not necessary because most traffic
generated by the project will come from the north of the site and make a right turn
onto Safari Lane. Vehicles exiting the site will do so north of the intersection of
Pentz Road and Safari Lane, turning left onto Pentz Road.
II. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, that said study identified potential significant
environmental effects and includes mitigation measures that would mitigate such
effects below significant levels, and that 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 of Supervisors, including the
Initial Study and any comments received, that there is no substantial evidence that
the Use Permit project for the Paradise Evangelical Free Church, as mitigated, will
have a significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the County, which is the lead agency.
III. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain V
any significant amounts of wildlife habitat. The undeveloped area on the project site that "
contains extensive wildlife habitat will not be disturbed by the project. Therefore, .a "de
minimus" impact of finding regarding fish and wildlife and their habitat is hereby made: The
collection. of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5.
is not required. `
IV. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to the
conditions found in Exhibit A, with the exception of Condition # 9, which is deleted, with
the following findings:
A. The proposed use of the property will not impair the integrity and character of the
zone in which the land lies, and thatthe use would not be unreasonably incompatible
with, or injurious to, surrounding property, or 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 County because:
1. The athletic field will not be lighted and public address systems will not be
allowed.
2. Measures are required to be taken during construction` activities to prevent
fugitive dust emissions.
3. The times of construction activities are limited to prevent significant noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the
proposed improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public
uses as Secondary Uses.
0
Conditions of Approval
Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce -_
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management. Plan to address erosion control during site .
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
and 10 a.m. to 6 p.m., Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
5. Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed. No activity shall be allowed after dark and
no public address systems shall be allowed.
7. 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 date-
stamped February 13, 2001, and is incorporated herein by this reference.
8. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in County
Improvement Standards.
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct left turn pockets on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works.
Department for review and comment. Any road improvements identified in the analysis as
being required shall be installed by the applicant prior to issuance of the Use Permit. (Note:
This condition to be deleted if the Board of Supervisors upholds the: appeal by. the
project applicant)
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution _
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed _
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
Fire Department
11. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
12. Building permits required. Prepare four (4) sets of construction plans and make an
application for permit. Construction shall comply with federal, state, and local regulations.
Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered
Engineer for non-residential buildings and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
17. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
Environmental Health Division
18. Under Countyy permit, upgrade the existing septic systems to accommodate'. increased.
development.
19. Prior to issuance of the Use Permit, obtain approval from the Del Oro Water Company that
they are able and willing to provide the necessary flows to service the entire project.
Other Conditions
20. Applicant must also comply with, all other applicable State and local statutes, ordinances and
regulations.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT - MAY 229 2001
Appellants: 1. Beth and Jo Ann of Pentz Road and Safari
Knappenberger Lane,' at 5095 Pentz Road.-
2.
oad;2. Paradise Evangelical Paradise.
Free Church (Pastor
Igmar Jacobsen) Parcel Size: 19 acres
Applicant: Paradise Evangelical Free
Church
File #: APL 01-09 (UP 01-15)
Request: Appeal of a Planning
Commission decision . to
approve a Use Permit to allow
an athletic field (baseball,
soccer, etc.), restrooms, and a
6,000 square foot gymnasium
with restroom and shower
facilities.
G.P.: Low Density Residential
Zoning: AR -1 (Agricultural -
Residential, 1 -acre minimum
parcel size) and H -C (Highway
Commercial)
APN: 055-290-083'
Location: On the north side of Safari
Lane, on the northwest corner
STAFF COMMENT
Zone Date: AR -1: April 4, 1998
H -C: February 23, 1,982
Supervisorial
District: 4
Project .
Planner: Stephen Betts
Senior Planner
Attachments:
A. Zoning/General Plan Map
B. Letter of Appeal, dated April 26,
2001, from Beth and Jo Ann
Knappenberger and Letter of Appeal,
dated April 30, 2001, from Pastor
Igmar Jacobsen
C. April 26, 2001, Planning
Commission Agenda Report and
Minutes
D. Correspondence
E. Public Works Department
Memorandum, dated May 8, 2001
F. Initial Study
G. Site Plan
These appeals are made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing.
The Board of Supervisors may consider all applications, papers, maps, exhibits, and staff
recommendations presented to the Planning Commission in reaching its decision.
Ar Butte County Department of Development Services ArAgenda Report a Page 1 Ar
0- i
PROJECT DESCRIPTION
The project being appealed is a Use Permit to allow an athletic field (baseball, soccer, etc.), a 500.'
square foot restroom adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom
and shower facilities. The gymnasium will also serve as Sunday school rooms.
The athletic field will be used for games held by the church congregation and for church league
games. The applicant does not propose to allow non -church leagues (i.e., Paradise Recreation
District) or the general public to use the athletic field or gymnasium. The applicant anticipates that_
the field will be used for organized games three to four times per week by the church congregation
and three to four church league games per year. No lighting of the athletic field is proposed, nor is
the sale of food or beverages. Approximately 2.2 acres of the site will be graded to create level areas
for the athletic field, restrooms, and gymnasium.
The church was constructed in 1986, after a Use Permit was obtained for that use. The final map for
the Unique Acres Subdivision, which is located adjacent to and north of the project site, was
recorded in 1993.
PLANNING COMMISSION ACTION
On April 26, 2001, the Planning Commission held a public hearing on the Use Permit for the
Paradise Evangelical Free Church. Testimony was received from several landowners in the area in
opposition to the project. The primary concerns of the people in opposition to the project were that
the proposed athletic field and gymnasium uses would create. more noise, additional vehicle traffic,
invite criminal activity, cause baseballs to land in the adjacent properties, and interfere with wildlife
movements. In response, several members of the church spoke, stating that the impacts caused by
the proposed athletic field and gymnasium uses would be minimal to adjacent residents.
After closing the project to public comment, the Commission discussed the project in detail. The
Planning Commission took into consideration the concerns of the people opposing the project during
their discussion of the project, but concluded that the project will not result in significant impacts
to the neighborhood. The Commission voted 5-0 to approve the project. Modifications were made
to Condition # 6 to prohibit activity after dark on the athletic field and to prohibit the use of public
address systems. The agenda report and the draft minutes for the April 26, 2001, Planning
Commission meeting are attached for background information.
REASON FOR APPEALS
Two appeals have been submitted with regards to this project. Each appeal is addressed separately
below.
The first appeal is by the owners and residents of a nearby parcel, who state that they have many
oppositions/concerns regarding the conditions of approval. This appellant submitted documents at
the Planning Commission meeting that listed the reasons for opposing the project. The submitted
ArButte County Department of Development Services aAgenda Report ArPage 2 s
material is found in Attachment D of this report. In response to the main concerns of this appellant
and the other landowners in the area, the. following is offered:
Construction noise, especially grading equipment, will create noise during site development
activities that has the potential to cause an impact to nearby residents. A condition of the
project limits development activity from 7:00 a.m. to 6:00 p.m., Monday through Friday, and
10:00 a.m. to 6:00 p.m., Saturday, Sunday, and holidays. This is.a standard noise condition
and is frequently used for projects in residential areas.
Participants of the games being played on the athletic field, along with spectators, will
generate noise in the form of yelling and cheering. This noise may be heard by the residents
to the north of the site. The site plan shows that the baseball diamond is configured to place
the infield and the spectators approximately 300 feet from the adjacent residential parcels.
Due to the low number of times that the playing field will be utilized noise generated by the
players or spectators is not expected to create a significant impact.
According to the applicant, approximately three to four games will be played by church
members on the athletic field each week. Three to four church league games may be played
over the course of a year. The athletic field will never be used when the church is meeting.
The project will result in a minor increase in vehicle traffic on Pentz Road, but this is not
expected to be significant due to the low number of games that will be played.
The Public Works Department requests that left turn pockets be installed on Pentz Road at
Safari Lane by the applicant. The Public Works condition allows for the applicant to retain
an engineer to analyze the project and determine if left turn pockets are required. The
applicant would not be required to install the left turn pockets if the analysis determines that
they are not needed.
The project will not create any impacts to the roads in the adjacent Unique Acres
Subdivision. There is adequate parking on the site to handle the parking for vehicles coming
to the proposed athletic field and gymnasium, so no off-site parking will occur.
•� �• • :•• •� ,�• • ••• ,•• i- CROP
-
Concerns were raised about night lighting of the athletic field, noise from public address
systems, and sales of food and beverages. Conditions of the project prohibit the use of night
time lighting of the athletic field and the. use of public address systems. Food and beverage
sales were not requested by the applicant as a part of the project and would not be allowed
under the terms of the Use Permit.
i Butte County Department of Development Services aAgenda Report rPage 3 jr
4. Use of the Athletic Field and Gymnasium by the General Public
Concern was raised that the church would rent the athletic field for soccer games. A
condition of the project specifically prohibits the use of the proposed facilities by the general
public, which includes any public recreation district or public or private recreation league.
•T8u-
Several nearby landowners objected to the project because they believed, that the people
using the proposed athletic field and gymnasium would cause an increase in crime in the
neighborhood. The owner of the adjacent bait and tackle store stated that he could lose his
beer and alcohol license due to the presence of numerous children in the area. He also stated
that the children will go to his store and create problems, and that drug use would increase
in the area.
While more people will come to the site due to the project, most if not all of them will be
associated either with the Paradise Evangelical Free Church or other churches in the Paradise
area. Most of the games will be played by children, but under the supervision of adults. The
extensive brush location along the north property line will prevent or discourage people from
trespassing on the adjacent residential parcels.
Most of the area where the athletic field is proposed to be located was cleared many years
ago and currently consists of native and non-native grasses, scattered wild flowers, numerous
manzanita shrubs one to two feet tall, and small buckbrush shrubs. Several pine trees may
have to be removed for the athletic field and the gymnasium. Approximately 14 acres of the
19 -acre project site consists of oaks, pines, and extensive brush, including manzanita,
buckbrush, and poison oak. This 14 -acre area, which is to the west of the existing church
and descends into Dry Creek Canyon, may contain large wildlife populations. Additionally,
there is a 15 to 20 -foot wide heavily vegetated strip along the north and northeast property
lines that could be -habitat for some wildlife species, although at low population levels due
to the adjacent residential uses. The vegetated strip along the north property line is a
condition of the Unique Acres Subdivision Map. The proposed athletic field and gymnasium
will not encroach into the 14 -acre natural area or the vegetated strip.
The project site is located within a deer herd area, and the project area has been designated
by the California Department of Fish and Game as a Designated Development Zone (DDZ).
Parcels within a DDZ are allowed to develop as allowed by the zoning of the parcel and to
the density as allowed by the zoning. Resident deer are located in the area and may frequent
the site. The project is not expected to have a significant impact to any animal species,
including deer, because other than a few pine trees, no significant vegetation will be
removed. The grass that will be planted on the athletic field may even attract deer to the site,
thus increasing the deer usage of the site.
AFButte County Department of Development Services mAgenda Report sPage 4 s
7. Baseballs Falling on Adjacent Parcels
The orientation of the baseball field leads to the potential for a baseball to land on a parcel
in the adjacent Unique Acres Subdivision. Reconfiguring the baseball field in the opposite
direction, so that baseballs will be hit to the south, will limit baseballs from going into the
adjacent parcels but will result in the infield and the spectators being close to the property
line. Due to the long distance from home base to the property line, which is approximately
310 feet, very few baseballs are expected to fall on the adjacent parcels.
Second Anneal
The second appeal of the project was by the project applicant, who objects to the Public Work's
Condition # 9 requiring the applicant to either install left turn pockets on Pentz Road at Safari Lane,
or provide an estimate and analysis, prepared by a registered engineer; of traffic generation and
turning movements for vehicle traffic generated by the project. If the analysis showed that the
project would not cause an impact to vehicle circulation, installation of the left turn pockets would
not be required. Conversely, if the analysis showed that left turn pockets were necessary, the
applicant would be required to construct them.
The project applicant states in his appeal letter that the Public Works Department had not done any
analysis of the impact that the project would have on traffic flow and that they have not submitted
any data to show that the left turn pockets are necessary. According to the applicant, 99% of the
traffic generated by people using the proposed facilities will come from the north of the site and
make a right turn onto Safari Lane. The left turn pockets would not be necessary because vehicle
traffic generated by the project would not use them.
Due to the appeal, the Public Works Department re -reviewed Condition # 9 and determined that the
condition provides the greatest flexibility for the church to either install the left turn pockets or
provide an Engineer's report and install the necessary facilities. The Public Works Department noted
that because the details of the traffic patterns in the area have not been throughly investigated, the
only other alternative they would recommend would be a focused Environmental Impact Report that
addresses traffic impacts. A copy of the Public Works memorandum. can be found in Attachment
E of this agenda report.
ACTIONS FOR CONSIDERATION
Staff recommends that the Board of Supervisors deny the appeal sought by both appellants, and
approve the project, based upon the findings and conditions as approved by the Planning
Commission. Staff has also prepared findings for upholding the appeal by the project applicant and
approving the project without the requirement to install left turn pockets on Pentz Road.
I. Deny the appeal by the nearby landowner based upon the following finding:.
a. Conditions of project approval will ensure that the project does not create any
significant impacts to the neighborhood.
Ar Butte County Department of Development Services mAgenda Report dr Page 5 dr
H. Deny the appeal by the project applicant based upon the following finding:
a. A condition of project approval requires the applicant to submit to the Public Works.
Department an estimate and analysis, prepared by a registered engineer, of traffic
generation and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that the project will create significant impacts to
the intersection of Pentz Road and Safari Lane, left turn pockets or other road
improvements'as determined by the analysis are required to be constructed by the
applicant. This condition will ensure that any significant impacts to the intersection
of Pentz Road and Safari Lane caused by the project are mitigated.
III. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act,- that said study identified potential significant
environmental effects and includes mitigation measures that would mitigate such
effects below significant levels, and that '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.
rocess:
C. Find, on the basis of the whole record before the Board of Supervisors, including the
Initial Study and any comments received, that there is no substantial evidence that
the Use Permit project for the Paradise Evangelical Free Church, as mitigated, will
havea significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the, County; which is the lead agency.
IV. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain
any significant amounts of wildlife habitat. The undeveloped area on the project site that
contains extensive wildlife habitat will not be disturbed by the project. Therefore, a "de
minimus" impact of finding regarding fish and wildlife and their habitat is hereby made. The
collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5.
is not required.
Ar Butte County Department of Development Services sAgenda Report Ar Page 6 Ar
V. Approve Use Permit .01-15 for the Paradise Evangelical Free Church, subject to the
conditions found in Exhibit A, with the following findings:
A. The proposed use 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 property, or 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 County because:
1. The athletic field will not be lighted and public address systems will not be
allowed.
2. Measures are required to be taken during construction activities to. prevent
fugitive dust emissions.
3. The times of construction activities are limited to prevent significant noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the
proposed improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
7. The applicant is required to submit to the Public Works Department an
estimate and analysis, prepared by a registered engineer, of traffic generation
.and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that a left turn lane or other road
improvements are needed, the applicant is required to construct the
improvements prior to issuance of the Use Permit.
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Planland use designation allows quasi -public
uses as Secondary Uses.
a Butte County Department of Development Services ArAgenda Report s Page 7 i
I. Uphold the appeal by the project applicant based upon the following finding:
a. Left turn pockets on Pentz Road at Safari Lane are not necessary because most traffic
generated by the project will come from the north of the site and make a right turn
onto Safari Lane. Vehicles exiting the site will do so north of the intersection of
Pentz Road and Safari Lane, turning left onto Pentz Road.
H. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, that said study identified potential significant
environmental effects and includes mitigation measures that would mitigate such
effects below significant levels, and that 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 of Supervisors, including the
Initial Study and any comments received, that there is no substantial evidence that
the Use Permit project for the Paradise Evangelical Free Church, as mitigated, will
have a significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the County, which is the lead agency.
III. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain
any significant amounts of wildlife habitat. The undeveloped area on the project site that
contains extensive wildlife habitat will not be disturbed by the project. Therefore, a "de
minimus" impact of finding regarding fish and wildlife and their habitat is hereby made. The
collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5.
is not required.
IV. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to the
conditions found in Exhibit A, with the exception of Condition # 9, which is deleted, with
the following findings:
Ar Butte County Department of Development Services irAgenda Report o Page 8 ar
A. The proposed use 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 property, or 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 County because:
1. The athletic field will not be lighted and public address systems will not be
allowed.
2. Measures are required to be taken during construction activities to prevent
fugitive dust emissions.
3. The times of construction activities are limited to prevent significant noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the
proposed improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public
uses as Secondary Uses.
K:\PROJECTS\UPC\EVANGEL\BOS:RPT
Butte County Department of Development Services &Agenda Report x Page 9 s
EXHIBIT A
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS
DATE: (Certified Mail Rec.)
UP 01A5
PERMIT NO.
055-290-083
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions
set forth below, the Paradise Evangelical Free Church is hereby granted a Use Permit in accordance
with the application filed for an athletic field (baseball, soccer, etc.), a 500 square foot restroom
adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom and shower facilities.
The gymnasium will also serve as Sunday school rooms. The project will involve the grading of
approximately 2.2 acres of land.
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, or their respective designee, upon receipt of a
substantiated written request 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 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.
iButte County Department of Development Services wAgenda Report &Page 10 jr
Conditions of Approval:
Measures shall be taken to control fugitive, dust emissions from all civil' construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed. No activity shall be allowed after dark and
no public address systems shall be allowed.
7. 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 date-
stamped February 13, 2001, and is incorporated herein by this reference.
8. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in County
Improvement Standards.
Ar Butte County Department of Development Services oAgenda Report x Page 11 Ar
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct left turn pockets on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works.
Department for review and comment. Any road improvements identified in the analysis as '
being required shall be installed by the applicant prior to issuance of the Use Permit. (Note: .
This condition to be deleted if the Board of Supervisors upholds the appeal by the
project applicant)
10. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution_
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
11. Prior to the issuance of a building permit for.the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
12. Building permits required. Prepare four (4) sets of construction plans and make an
application for permit. Construction shall comply with federal, state, and local regulations.
Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered
Engineer for non-residential buildings and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
17. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
Butte County Department of Development Services ArAgenda Report sPage 12 Ar
Environmental Health Division
18. Under County permit, upgrade the existing septic systems. to accommodate increased
.development.
19. Prior to issuance of the Use Permit, obtain approval from the Del Oro Water Company that
they are.able and willing to provide the necessary flows to service the entire project.
Other Conditions
20. Applicant must also comply with all other applicable State and local statutes, ordinances 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
Division permits before starting construction, nor does it waive any other requirements.
Butte County Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health. Department
Butte County Fire Department/CDF .
Assessor's Office
ArButte County Department of Development Services xAgenda Report ir Page 13 w
Board Agenda Form
Board Agenda. Report with Action
Attachment A:
Zoning/General Plan Map
Attachment B:
Letter of Appeal, dated April 26, 2001, from
Beth and Jo Ann Knappenberger .
Letter of Appeal, dated April 30, 2001,
from Pastor Igmar Jacobsen
Attachment C:
April 26, 2001, Planning Commission Agenda
Report and Minutes
Attachment D:
Correspondence
Attachment E:
Public Works Department Memorandum, dated
May 8,'2001
Attachment F:
Initial Study
Attachment G:
Site Plan
r
4
21 .
33
34
65
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT - MAY 223, 2001
Appellants: 1. Beth and Jo Ann
Knappenberger
2. Paradise Evangelical
Free 'Church (Pastor
Igmar Jacobsen)
Applicant: Paradise Evangelical Free
Church
File #: APL 01-09 (UP 01-15)
Request: Appeal of a Planning
Commission decision for a
Use Permit to allow an athletic
field (baseball, soccer, etc.)
and restrooms, and for a 6,000
square foot gymnasium with
restroom and shower facilities.
G.P.: Low Density Residential
Zoning: AR -1 (Agricultural -
Residential, 1 -acre minimum
parcel size) and H -C (Highway
Commercial)
c
APN: 055-290-083
Location: On the north side of Safari
'Lane, on the northwest corner
STAFF COMMENT
of Pentz Road and Safari
Lane, at 5095 Pentz Road,
Paradise.
Parcel Size: 19 acres
Zone Date: AR -1: April 4, 1998
H -C: February 23, 1982
Supervisorial
District: 4
Project
Planner: Stephen Betts
Senior Planner
Attachments:
A.
Zoning/General Plan Map
B.
Letter of Appeal, dated April 26,
2001, from Beth and Jo Ann
Knappenberger
C.
Letter of Appeal, dated April 30,
2001, from Pastor Igmar Jacobsen
D.
April 26, 2001, Planning
Commission Agenda Report and
Minutes
E.
Correspondence
F.
Initial Study
G.
Site Plan
These appeals are made pursuant to Butte County Code Section 24-45.30 and is a "de novo' hearing.
The Board of Supervisors may consider all applications, papers, maps, exhibits, and staff
recommendations presented to the Planning Commission in reaching its decision.
PROJECT DESCRIPTION
The project being appealed is a Use Permit to allow an athletic field (baseball, soccer, etc.), a 500
square foot restroom adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom
and shower facilities. The gymnasium will also serve as Sunday school rooms.
The athletic field will be used for games held by the church congregation and for church league
games. The applicant does not propose to allow non -church leagues (i.e., Paradise Recreation
District) or the general public to use the athletic field or gymnasium. The applicant anticipates that
the field will be used for organized games three to four times per week by the church congregation
and three to four church league games per year. No lighting of the athletic field is proposed, nor is
the sale of food or beverages. Approximately 2.2 acres of the site will be graded to create level areas
for the athletic field, restrooms, and gymnasium.
The church was constructed in 1986, after a Use Permit was obtained for that use. The final map for
the Unique Acres Subdivision, which is located adjacent to and north of the project site, was
recorded in 1993.
PLANNING COMMISSION ACTION
On April 26, 2001, the Planning Commission held a public hearing on the Use Permit for the
Paradise Evangelical Free Church. Testimony was received from several landowners in the area in
opposition to the project. The primary concerns of the people in opposition to the project were that
r J�kC the proposed athletic field and gymnasium uses would create more noise, additional vehicle traffic,
e�e criminal activity ' , cause baseballs to land in the adjacent
properties, and interfere with wildlife movements. In response, several members of the church
spoke, stating that the impacts caused by proposed athletic field and gymnasium uses would be
minimal to adjacent residents.
After closing the project to public comment, the Commission discussed the project in detail. The
Planning Commission took into consideration the concerns of the people opposing the project during
their discussion of the project, but concluded that the project will not result in significant impacts
to the neighborhood. The Commission voted 5-0 to approve the project. A condition was added to
prohibit the use of outdoor public address systems. The agenda report and the draft minutes for the
April 26, 2001, Planning Commission meeting are attached for background information.
REASON FOR APPEALS
Two appeals have been submitted with regards to this project. Each appeal is addressed separately
below.
First Appeal �S 1'_J
The first appeal is by , who state that they have many
oppositions/concerns regarding the conditions of approval. J@Adm KttappeHbeTer submitted
documents at the' Planning Commission meeting that listed the reasons for opposition t,® the
woS lecs
Ar Butte County Department of Development Services ir Agenda Report Ar Page 2 w
9 1 •
project. The submitted material is found in Attachment E of this report. In response to the main
concerns of3ee and the other landowners in the area, the following is offered:
1. Noise lmpacts
Construction noise, especially grading equipment, will create noise during site development
activities that has the potential to cause an impact to nearby residents. A condition of the
project limits development activity from 7:00 a.m. to 6:00 p.m. Monday through Friday, and
10:00 a.m. to 6:00 p.m. Saturday, Sunday, and holidays. This is a standard noise condition
and is frequently used for projects in residential areas.
Participants of the games being played on the athletic field, along with spectators, will
generate noise in the form of yelling and cheering. This noise may be heard by the residents
to the north of the site. The site plan shows that the baseball diamond is configured to place
the infield and the spectators approximately 300 feet from the adjacent residential parcels.
Due to the low number of times that the playing field will be utilized noise generated by the
players or spectators is not expected to create a significant impact.
According to the applicant, approximately three to four games will be played on the athletic
field each week. Three to four church league games may be played over the course of a year.
The athletic field will never be used when the church is meeting.rL-,--
�u,bvPh;^am a �+i) The project will result in a minor increase in
vehicle traffic on Pentz Road, but this is not expected to be significant due to the low number
of games that will be played.
The project will not create any impacts to the roads in the adjacent Unique Acres
Subdivision. There is adequate parking on the site to handle the parking for vehicles coming
to the proposed athletic field and gymnasium, so no off-site parking will occur. VrhN4--
&ffie getter
S',�jrii ,icinn hPc`ancP � +,• +L.o ..L.,,rnh ;� �.,•,,., Do,,,+a�-T�[1^►fl,
-v^v�6e-c
Lighting, Public Address System- and Sales of Food and Beverages
QY- Q--
ConcerNvso raised about night lighting of the athletic field, noise from a public address
systems, and sales of food and beverages. Conditions of the project prohibit the use of night
time lighting of the athletic field and the use of public address systems. Food and beverage
sales were not requested by the applicant as a part of the project and tie would not be
allowed under the terms of the Use Permit.
Ar Butte County Department of Development Services ir Agenda Report Ar Page 3 N
•
- • 1 : 1M Vn ! :1!/111: 11 a 3,31 1" /. M 19 . •
Concern was raised that the church would rent the athletic field for soccer games. A
condition of the project specifically prohibits the use of the proposed facilities by the general
public, which includes any public recreation district or public or private recreation league.
Several nearby landowners objected to the project because they believed that the people
using the proposed athletic field and gymnasium would cause an increase in crime in the
neighborhood. The owner of the adjacent bait and tackle store stated that he could lose his
beer and alcohol license due to the presence of numerous children in the area. He also stated
that the children will go to his store and create problems, and that drug use would increase
in the area.
While more people will come to the site due to the project, most if not all of them will be
associated either with the Paradise Evangelical Free Church or other churches in the Paradise
area. Most of the games will be played by children, but under the supervision of adults. The
extensive brush location along the north property line will prevent or discourage people from
trespassing on the adjacent residential parcels.
NININIff 11 • . •
Most of the area where the athletic field is proposed to be located was cleared many years
ago and currently consists of native and non-native grasses, scattered wildflowers, numerous
manzanita shrubs one to two feet tall, and small buckbrush shrubs. Several pine trees may
have to be removed for the athletic field and the gymnasium. Approximately 14 acres of the
19 -acre project site consists of oaks, pines, and extensive brush, including manzanita,
buckbrush, and poison oak. This 14 -acre area, which is to the west of the existing church
and descends into the Dry Creek Canyon, may contain large wildlife populations.
Additionally, there is a 15 to 20 -foot wide heavily vegetated strip along the north and
northeast property lines that could be habitat for some wildlife species, although at low
population levels due to the adjacent residential uses. The vegetated strip along the north
property line is a condition of the Unique Acres Subdivision Map. The proposed athletic
field and gymnasium will not encroach into the 14 -acre natural area or the vegetated strip.
The project site is located within a deer herd area, and the area has been designated by the
California Department of Fish and Game as a Designated Development Zone (DDZ).
Parcels within a DDZ are allowed to develop as allowed by the zoning of the parcel and to
the density as allowed by the zoning. Resident deer are located in the area and may frequent
the site. The project is not expected to have a significant impact to any animal species,
including deer, because other than a few pine trees, no significant vegetation will be
removed. The grass that will be planted on the athletic field may even attract deer to the site,
thus increasing the deer usage of the site.
Ar Butte County Department of Development Services mAgenda Report s Page 4 Ar
0 0
1
7. Baseballs Falling on Ad' it Parcels rot
t
The orientation of the baseball field leads to the potential for a baseball to land on a parcel
in the adjacent Unique Acres Subdivision. Reconfiguring t e baseball field in the opposite
direction, so that baseballs will be hit to the south, will w4v �aseballs from going into the
adjacent parcels but will result in the infield and the spectators being close to the property
line. s. Due to the long distance from
home base to the property line, which is approximately 310 feet, very few baseballs are
expected to fall on the adjacent parcels.
The second appeal of the project was by the applicant. The church's representative, Pastor Igmar
Jacobsen, objects to the Public Work's condition requiring the applicant to either install a left turn
pocket on Pentz Road at Safari Lane, or provide an estimate and analysis, prepared by a registered
engineer, of traffic generation and turning movements for vehicle traffic generated by the project.
If the analysis showed that the project would not cause an impact to vehicle circulation, installation
of the left turn pocket would not be required. Conversely, if the analysis showed that, a left turn
pocket was necessary, the applicant would be required to construct it.
Pastor Jacobsen states in his appeal letter that the Public Works Department had not done any
analysis of the impact that the project would have on traffic flow and that they have not submitted
any data to show that the left turn pocket is necessary. According to Pastor Jacobsen, 99% of the
traffic generated by people using the proposed facilities will come from the north of the site, and
make a right turn onto Safari Lane. The left turn pocket would not be necessary b�jcause vehicle
traffic generated by the project would not use it. \ `G Wz,r`LS s� 5
U�Z
Safari Lane currently provides access to four parcels, one of which is the project parcel and one that
£ Q,S also has access onto Pentz Road.
ACTIONS FOR CONSIDERATION fO
Staff recommends that the Board of Supervisors deny the appeal sought by both appellants, and
�—CJ) approve the project, based upon the findings and conditions as approved by the Planning
-k Commission. � tw j VdPQ cr.1 N 2V f
<53 okX5
I. Deny the appeal byM —1; kNkvA based upon the following finding:
II
a. Conditions of project approval will ensure that the project does not create any
significant impacts to the neighborhood.
Deny the appeal by isevofe, d based upon the following findings:
a. A condition of project approval requires the applicant to submit to the Public Works
Department an estimate and analysis, prepared by a registered engineer, of traffic
generation and turning movements for vehicle traffic generated by y the project. If the
UJ � L c -- � �S0.�(:;AP v$ v Q 3 00,0/0 QAJ �,!, CY0,4 /ia��
ArButte County Department of Development Services rAgenda Report ArPage 5 Ar
0
traffic estimate/analysis determines that the project will create significant impacts to
the intersection of Pentz Road and Safari Lane, a left turn pocket or other road
improvements as determined by the analysis are. required to be constructed by the
applicant.
III. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, that said study identified potential significant
environmental effects -and includes mitigation measures that would mitigate such
effects below significant levels, and that 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 of Supervisors, including the
Initial Study and any comments received, that there is no substantial evidence that
the Use Permit project for the Paradise Evangelical Free Church, as mitigated, will
have a significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the County, which is the lead agency.
IV. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain
any significant amounts of wildlife habitat. Therefore, a "de minimus" impact of finding
regarding fish and wildlife and their habitat is hereby made. The collection of fees pursuant
to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not required.
V. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to the
conditions found in Exhibit A, with the following findings:
A. The proposed use 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 property, or 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 County because:
The athletic field will not be lighted and public address systems will not be
allowed.
2. Measures are required to be taken during construction activities to prevent
fugitive dust emissions.
ArButte County Department of Development Services ArAgenda Report s Page 6
J
3. The times of construction activities are limited to prevent significant noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the
proposed improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
7. The applicant is required to submit to the Public Works Department an
estimate and analysis, prepared by a registered engineer, of traffic generation
and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that a left turn lane or other road
improvements are needed, the applicant is required to construct the
improvements prior to issuance of the Use Permit
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public
uses as Secondary Uses.
KAP ROJ ECTSWPOE VANGWBOS. RPT
ArButte County Department of Development Services ir Agenda Report wPage 7 Ar
EXHIBIT A
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS
DATE: (Certified Mail. Rec.)
UP 01-15
PERMIT NO.
055-290-083
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions
set forth below, the Paradise Evangelical Free Church is hereby granted a Use Permit in accordance
with the application filed for an athletic field (baseball, soccer, etc.), a 500 square foot restroom
adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom and shower facilities.
The gymnasium will also serve as Sunday school rooms. The project will involve the grading of
approximately 2.2 acres of land.
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, or their respective designee, upon receipt of a
substantiated written request 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 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.
Ar Butte County Department of Development Services ArAgenda Report Ar Page 8 x
• 0
Conditions of Approval:
1. Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
5. Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed.
7. 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 date-
stamped February 13, 2001, and is incorporated herein by this reference.
8. Outdoor public address systems shall not be used on the property.
9. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in County
Improvement Standards.
Ar Butte County Department of Development Services ArAgenda Report Ar Page 9 Ar
• 0
10. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct a left turn pocket on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works
Department for review and comment. Any road improvements identified in the analysis as
being required shall be installed by the applicant prior to issuance of the Use Permit.
11. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
12. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
13. Building permits required. Prepare 4 sets of construction plans and make an application for
permit. Construction shall comply with federal, state, and local regulations. Plans shall be
prepared, sealed and signed by a California Licensed Architect or Registered Engineer for
non-residential buildings and certain residential buildings.
14. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
15. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
16. Proposed improvements shall comply with Use Permit conditions applicable to construction.
17. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
18. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
ArButte County Department of Development Services wAgenda Report ArPage 10 Ar
19. Under County permit, upgrade the existing septic systems to accommodate increased
development.
20. Prior to issuance of the Use Permit, obtain approval fro the Del Oro Water Company that
they are able and willing to provide the necessary flows to service the entire project.
21. Applicant must also comply with all other applicable State and local statutes, ordinances 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
Division permits before starting construction, nor does it waive any other requirements.
Butte County Board of Supervisors
CC: Land Development Division
Building Division
Environmental Health Department
Butte County Fire Department/CDF
Assessor's Office
ArButte County Department of Development Services ir Agenda Report ir Page 11 a
1
Project: Paradise Evangelical Free Church, UP 01-15
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS
I. BACKGROUND:
Name of Proponent: Paradise Evangelical Free Church
2. Address: 5095 Pentz Road, Paradise, CA 95969 Phone: (530) 877-4241
3. Name of Proposal: N/A
4. Type of Project: Use Permit
5. Project Description: This is an application for a Use Permit to allow an athletic field
(baseball, soccer, etc.), a 500 square foot restroom adjacent to the athletic field, and a 6,000
square foot gymnasium with restroom and shower facilities. The gymnasium will also serve
as Sunday school rooms. The project is proposed to be developed in three phases:
Phase 1 - Construction of the athletic field upon approval of the Use Permit
Phase 2 - Restrooms adjacent to the athletic field (one to two years after
approval of the Use Permit
Phase 3 - Gymnasium (two to five years after approval of the Use Permit)
The athletic field will be used for games held by the church congregation and for church
league games. The applicant does not propose to allow non -church leagues (i.e. Paradise
Recreation District) to use the athletic field or gymnasium. The applicant anticipates that the
field will be used for organized games two to three times per week by the church
congregation and three to four church league games per year. No lighting of the athletic field
Js proposed. Approximately 2.2 acres of the site will be graded to create a level areas for the
athletic field, restroom, and gymnasium.
6. Location of property: On the north side of Safari Lane, on the northwest corner of Pentz
Road and Safari Lane, at 5095 Pentz Road, Paradise.
Setting: The 20 -acre project parcel is developed with a 13,000 square foot church, parking
lots, and a septic system. The site has a driveway onto Pentz Road and a driveway on Safari
Lane. The project site sits on the edge of Dry Creek Canyon and most of the site is
undeveloped. Vegetation on the site consists of a mixture of yellow pine and Black Oak with
dense brush along the sides of the canyon. The area where the athletic field and gymnasium
will be located consists of eight yellow pines and grasses. This area gradually slopes down
to the southwest and has a slope of approximately 5%. No drainages are found on the site.
A fire hydrant is located on the southeast corner of Pentz Road and Wilderness Way.
0 Butte County Department of Development Services 0 Planning Division ■
•
Project: Paradise Evangelical Free Church, UP 01-15
The project site is zoned H -C (Highway Commercial) and AR -1 (Agricultural Residential,
1 -acre minimum parcel size). The H -C zoned is located adjacent to Pentz Road and extends
from 60 to 100 feet from the Pentz Road right-of-way. The project site has a General Plan
Land Use designation of Low Density Residential. Surrounding parcels are zoned H -C to
the east and AR -1 to the south and west. The parcels located on the north side of the site are
located in the Town of Paradise and are zoned .for residential uses. Surrounding parcels
range in size from .8 acres to 24 acres. Land uses on surrounding parcels include single
family dwellings to the south, west, and north; a bait and tackle store to the northeast, and
mobile home/recreational vehicle parks to the east (across Pentz Road).
8. Assessor's Parcel Numbers: 055-290-083
9. Date Checklist Submitted: April 4, 2001
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement): Butte County Building Division, Butte County Public Works
Department, Butte County Fire Department/CDF, Butte County Environmental Health
Division.
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.,
I find that although the proposed project COULD have a significant effect on the environment,
❑K there will NOT be a significant effect in this case because revisions have been made by or agreed
to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project COULD have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment; but at least one effect 1) has been
❑ adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
■ Butte County Department of Development Services ■ Planning Division ■
2
Project: Paradise Evangelical Free Church, UP 01-15
I find that although the proposed project could have a significant effect on the environment,
❑because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Prepared by: Stephen Betts, Senior Planner Date
Reviewed by: BAndy Wilson, Principal Planner Date
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.
❑ Aesthetics
❑ Biological Resources
❑ Hazards/Hazardous Materials
❑ Mineral Resources
❑ Public Services
❑ Utilities/Service Systems
❑ Agriculture Resources
❑ Cultural Resources
® Hydrology/Water Quality ❑
® Noise ❑
❑ Recreation ❑
❑ Mandatory Findings of Significance
EVALUATION OF ENVIRONMENTAL IMPACTS:
Air Quality
Geology/Soils
Land Use/Planning
Population VHousing
Transportation/Traffic
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project -specific factors as well'as general standards, (e.g.,
the project will not expose sensitive receptors to pollutants based on a project -specific
screening analysis.)
2) All answers must take account of the whole action involved including off-site as well as on-
site, cumulative as well as project -level, indirect as well as direct, and construction as well
as operational impacts.
0 Butte County Department of Development Services ■ Planning Division 0
•
Project: Paradise Evangelical Free Church, OP 01-15
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used: Identify and state where they are available for review.
b) . Impacts Adequately Addressed: Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated
or refined from the earlier document and the extent to which they address site-
specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
■ Butte County Department of Development Services ■ Planning Division ■
4
0 . •
Project: Paradise Evangelical Free Church, OP 01-15-
b) The mitigation measure identified, if any, to reduce the impact to less than
significant.
IV. ENVIRONMENTAL IMPACTS:
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect
on a scenic vista? X
b) Substantially damage scenic resources
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing
visual character or quality of the
site and its surroundings?
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area? X
Response:
X
X
a. - d. This project will allow the construction of an athletic field, a 500 square foot
restroom adjacent to the athletic field, and a 6,000 square. foot gymnasium. The
proposed athletic field and restroom are located approximately 260 feet from Pentz
Road and will be difficult to see due to long distance and intervening trees. The
proposed gymnasium will be located on the north side and adjacent to the existing
church. The gymnasium will also be difficult to be seen from Pentz Road due to the
intervening trees and because the existing church will block a portion of gymnasium.
The project site is not located along a County or State designated scenic highway.
(the portion of Pentz Road from Highway 70 to a point approximately 1.2 miles
south of the project site is a County -designated scenic highway.) Pentz Road along
the project site is a Town of Paradise -designated scenic highway, which extends 100
feet from the centerline of Pentz Road, between the southern Sphere of Influence
line, which begins 2.25 miles south of the site, and the intersection with Skyway at
the northern town limits. The proposed athletic field, restroom, and gymnasium will
be located over 200 feet from the centerline_ of Pentz Road. The project will not
create an aesthetic impact.
■ Butte County Department of Development Services ■ Planning Division ■
5
N
9
Project: Paradise Evangelical Free Church, UP 01-15
Less Than
Significant
Potentially With
Significant Mitigation
Impact Incorporated
Less
Than
Significant No
Impact Impact
Nighttime lighting of the athletic field was at first proposed by the applicant.
However, the applicant subsequently stated that games are not anticipated to be
played at night and has withdrawn the request for night lighting of the athletic field.
A condition of the project will prohibit lighting of the athletic field. The church may
decide in the future to light the athletic field, but doing so will require another Use
Permit application be submitted and approved by the Planning Commission. *Other
outdoor lighting, such as security and safety lights located on the gymnasium, are not
expected to cause a significant impact due to the distance of the facility away from
Pentz Road and from adjacent parcels.
Mitigation Measure: None required.
2. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California
Department of Conservation as an optional model to use in
assessing impacts on agriculture and farmland.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program
of the California Resources Agency, to non-
agricultural use? �t
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract? 1t
c) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use? �t
a. - c. No agricultural uses are established on the project site or in the project area. There
is no California Land Conservation Agreement ("Williamson Act") contract affecting
the property. The soils on the site have a Soil Conservation Service Classification
■ Butte County Department of Development Services ■ Planning Division ■
C.
0
Project: Paradise Evangelical Free Church, UP 0 1- 15
Less Than
Significant
Potentially . With
Significant Mitigation
Impact Incorporated
Less
Than
Significant No
Impact Impact
of IV, which are suitable for cultivation but have some limitations (Butte County
Master Environmental Assessment, Table LU -4). The majority of the site consists of
steep slopes and is heavily vegetated with brush. The project will not have an impact
on agricultural uses.
Mitigation Measure: None required.
3. AIR QUALITY. Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may
be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing
or projected air quality violation?
c) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is non -attainment
under an applicable federal or state ambient
air quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to
substantial pollutant concentrations?
e) Create objectionable odors affecting
a substantial number of people? _
Response:
X
te
X
X
x.
a. - c. Butte County, and all northern Sacramento Valley Air Districts, have been designated
as "moderate" nonattainment areas for the state standards for ozone (03) and fine
particulate matter (PM10). Currently, Butte County is in attainment for all the
federal (less stringent) air quality standards.
■ Butte County Department of Development Services ■ Planning Division ■
J
7
•
Project: Paradise Evangelical Free Church, UP O1-15
•
Less Than
Significant
Less
Potentially with
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
The project may result in a minor increase in vehicle emissions in the project area
due to the vehicle trips generated by people driving to and from the site. The minor
increase in vehicle emissions' generated by the proposed use is not expected to be
significant.
Grading and other soil disturbance activities will be required to create level areas for
the proposed athletic field and the gymnasium. Fugitive dust emissions may occur
during development activities on the site, such as grading and excavation for
foundations, which may create a temporary nuisance to persons residing near the
project site. The Butte County Air Quality Management District requests that
measures, 'such as site and driveway watering and/or use of other acceptable soil
palliatives, be incorporated during development activities on the site. A mitigation
measure is recommended that requires measures be taken, to prevent fugitive dust
emissions during development activities.
d. No sensitive receptors, such as schools or hospitals, are located near the project site.
e. The project will not create any odors.
Mitigation Measure # 1:
Prior -to any soil disturbance and prior to the issuance of a building permit, the
applicant shall submit an improvement plan with respect to fugitive dust and air
pollution to the Butte County Air Quality Management District for review and
determination of approval. Said plan shall include measures to control fugitive dust
emissions from all civil construction associated with development of the site.
Measures may include site and road watering and/or use of other acceptable soil
palliatives. Measures determined to be acceptable by the Air Quality Management
District shall be implemented during all development activities on the site. A copy
of the approved plan shall be submitted to the Building Division and the Planning
Division.
4. BIOLOGICAL RESOURCES.
Would the project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or regional
■ Butte County Department of Development Services ■ . Planning Division ■
E:3
Project: Paradise Evangelical Free Church, UP 01-15
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
plans, policies, or regulations, or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service? K
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service? >�
c) Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means? �t
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species
or with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery
sites? x
e) Conflict with any local policies or
ordinances protecting biological resources
such as a tree preservation policy
ordinance. �t
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat
conservation plan? 1t
■ Butte County Department of Development Services 0 Planning Division 0
i
Project: Paradise Evangelical Free Church; UP 01-15
Potentially
Significant
Impact
Response:
Less Than
Significant Less
With Than
Mitigation Significant No
Incorporated Impact Impact
a. - d. Vegetation in the area of the proposed athletic field and gymnasium consists of pines,
and grass. The western portion of the site, which drops down into Dry Creek
Canyon, is vegetated with pines, oaks, and heavy brush. No riparian vegetation,
wetlands, or vernal pools are located in the area proposed for development. The
project is not known to be inhabited or provide habitat for any rare, endangered
animal or plant species (Butte County Master Environmental Assessment, Figure
Bio -2). The project site is not located within deer herd critical or non-critical winter
habitat.
This project will not have an impact to fish and/or wildlife because the area to be
developed does not contain any significant wildlife habitat and the payment of fees
under Public Resources Code Section 21089 and as defined by Fish and Game Code
Section 711.4 is not required.
e. Approximately six pine trees will have to be removed due to construction of the
proposed athletic field and gymnasium. The removal of the pines will not have a
significant impact on wildlife habitat because the western portion of the site contains
extensive amounts of trees and brush, which serves as the primary wildlife habitat on
the site. This area will not be disturbed due to the project.
f. The proposal will not conflict with the provisions of an adopted Habitat Conservation
Plan. Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan.
Mitigation Measure: None required.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change
in the significance of a historical
resource as defined in § 15064.5? K
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to § 15064.5? X
■ Butte County Department of Development Services ■ Planning Division ■
10
•
Project: Paradise Evangelical Free Church, UP O1-15�
Potentially
Significant
Impact
c) Directly or indirectly destroy a
unique paleontological resource or site
or unique geologic feature? _
•
Less Than
Significant
with
Mitigation
Incorporated
Less
Than
Significant No
Impact Impact
X
d) Disturb any human remains, including
those interred outside of formal
cemeteries? K
Response:
a. - d. According to Butte County constraints mapping, the project site is located in an area
considered to have a low to medium archeological sensitivity. An archaeological
field inspection was conducted on the eastern portion of the site, from the edge of the
canyon to Pentz Road, for the existing Use Permit (BP Enterprises Archaeology
Consultants, James Manning, Archaeology Consultant, June 21, 1985). No materials
or features indicative of prehistoric or early historic activity were observed during the
field inspection and archaeological clearance was given. This project is not expected
to cause an impact to any cultural resources.
Mitigation Measure: None required.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
1) Rupture, of a known earth-
quake fault, as delineated on
the most recent Alquist-Priolo
Earthquake Fault Zoning Map
issued by the State Geologist for
the area or based on other sub-
stantial evidence of a known fault?
Refer to Division of Mines and
Geology Special Publication
42. X
■ Butte County Department of Development Services ■ Planning Division ■
11
•
Project: Paradise Evangelical Free Church; UP 01-15
2) Strong seismic ground
shaking?
•
Less Than
Significant
Potentially With
Significant Mitigation
Impact Incorporated
3) Seismic -related ground failure,
including liquefaction?
4) Landslides?
Less
Than
Significant No
Impact Impact
x
v
FA
b) Result in substantial soil erosion.
or the loss of topsoil?
c) Be located on a geologic unit or soil
that is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as
defined in Table 18-1-B of the Uniform
Building Code (1994), creating sub-
stantial risks to life or property? _
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal system
where sewers are not available for the
disposal or waste water? _
Response:
r '
X
r
a.1. The Seismic Safety Element of the Butte County General Plan indicates that all of
Butte County is in Moderate Earthquake Intensity Zone VIII. A possible fault with
activity unknown is located approximately .9 miles to the northeast of the site (Butte
County GIS seismic constraints mapping). All new structures placed on the site will
be constructed to Uniform Building Code standards for seismic safety. No impact
is expected to occur.
■ Butte County Department of Development Services ■ . Planning Division ■
12
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
a.2. The intensity of ground shaking at any specific site depends on the characteristics of
the earthquake, the distance from the earthquake, and on the local geologic soils and
conditions: At present, there is insufficient data to predict accurately the expected
ground motions at various locations in Butte County.
a.3.• The Butte County Seismic Safety Element's Liquefaction Potential Map indicates
that the site has a low potential for liquefaction. No impact is anticipated.
a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte
County General Plan indicates that there is a low to moderate potential for landslides
in this area. No impact is anticipated because the site does not contain any slopes.
b. The Erosion Potential Map of the Safety Element of the Butte County General Plan
indicates that the soil erosion potential of this site is slight. The area where the
athletic field will be located has a slope of approximately 5% and extensive grading
will be required to create a level area. Additional grading will be required to create
a level area for the gymnasium. The project area has a high rainfall rate (45 to 55
inches per year) and exposed soils as a result of grading activities may be subject to
significant erosion during rainfall events. Water runoff from the site drains into Dry
Creek, and the potential exists that sediments from exposed soils on the site may
drain into that water course. In order to prevent significant soil erosion impacts, a
Best Management Plan that addresses erosion control during site preparation and
building construction is required to be submitted to and approved by the Public
Works Department. A grading permit for grading on the site is not required because
grading authorized by the terms of a discretionary permit, such as a Use Permit, is
exempt from having to obtain a grading permit (Butte County Code section 13.5.(i)).
C. No impact is anticipated from instability, landslide, lateral spreading, subsidence,
liquefaction or collapse.
d. The Conservation Element's Expansive Soils Map indicates that the project site has
a moderate expansive soil designation. No impact is anticipated.
Sewage disposal for the existing church is handled by on-site septic systems. Sewage
disposal for the proposed restrooms and gymnasium will be handled by the on-site
septic systems. The Butte County Environmental Health Division does not object to
the use of a septic system for the proposed restroom and gymnasium, but requests
that the existing septic systems be upgraded to accommodate the proposed facilities.
■ Butte County Department of Development Services ■ Planning Division ■
13
Project: Paradise Evangelical Free Church; UP 01-15
Potentially
Significant
Impact
Mitigation Measure # 2:
•
Less Than
Significant Less
W ith - Than'
Mitigation Significant No
Incorporated Impact Impact
Prior to any soil disturbance, prepare a Best Management Plan to address erosion
control during site preparation and building construction. The erosion control
methods proposed shall be methods accepted by professional civil engineering
practices and prepared by a registered civil engineer. The plan shall make provisions
to stabilize all disturbed soil that is subject to erosion, prior to the onset of the rainy
season (November 15). If work is to be performed during the winter (November 15 -
April 15), a temporary erosion control plan shall be established and implemented on
a daily basis to provide for interim measures for periods of rain. The Best
Management Plan shall be submitted to the Department of Public Works for review
and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land
disturbance shall take place until the Planning Division and the Building Division
have received a copy of the Best Management Plan.
7. HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to
the public or the environment through
the routine transport use, or disposal
of hazardous materials? X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment? K
c) Emit hazardous emissions or
handle hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed schools? X
d) Be located on a site which is included
on a list of hazardous materials sites
complied pursuant to Government Code
■ Butte County Department of Development Services ■ Planning Division ■
14
Project: Paradise Evangelical Free Church, UP 01-15
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment? X
e) For a project located within an airport
land use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety.hazard for
people residing or working in the
project area? X
f) For a project within the vicinity of a
private airstrip, would the project result in
a safety hazard for people residing or
working in the project area? K
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan? K
h) Expose people or structures to'a
significant risk of loss, injury or death
involving wildland fires, including
where wildlands are adjacent to
urbanized areas or where residences
are intermixed with wildlands? X
Response:
a. - d. The project will not create any hazardous materials, and is not located on or near any
sources of hazardous materials.
e. - g.. The property is not located within the vicinity of an airport, airport land -use plan, or
private airstrip. The project will not interfere with an adopted emergency response
plan or emergency evacuation plan. No impact is anticipated.
h. The project is located within a State Response Area for wildland fires and is within
an area that has a very high fire hazard potential (Butte County GIS fire hazard
coverage). Water is supplied to the site by the Del Oro Water Company and a fire
■ Butte County Department of Development Services ■ Planning Division ■
15
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Potentially with
Significant Mitigation
Impact Incorporated
Less
Than
Significant No
Impact Impact
hydrant is located opposite the site at the intersection of Pentz Road and Wilderness
Way. The Butte County Fire Department/CDF states that prior to the construction
of the gymnasium the applicant must prove adequate fire flow is available to meet
the increase in area. This may require that a fire hydrant be placed on the project site.
Mitigation Measure: None required.
8. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards
or waste discharge requirements?
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume
or a lowering of the local groundwater table
level (e.g., the production rate of pre-
existing nearby wells would drop to a
level which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner which would
result in substantial erosion or siltation on -
or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase
the rate or amount of surface runoff in a
manner which would result in flooding
on- or off-site?
X
X
■ Butte County Department of Development Services ■ Planning Division ■
16
X
X
Project: Paradise Evangelical Free Church, UP 01-15
0
Less Than
Significant
Less
Potentially with
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned storm water drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade
water quality? X
g) Place housing within a 100 -year flood
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation
map? K
h) Place within a 100 -year flood hazard
area structures which would impede or
redirect flood flows? X
i) Expose people or structures to a
significant risk or loss, injury or death
involving flooding, including flooding
as a result of the failure of a levee or
dam? X
j) Inundation by seiche, tsunami, or
mudflow? X
Response
a. - f. Approximately 6,500 square feet of impervious surfaces will be created due to the
proposed gymnasium and washroom. An increase in surface water runoff can be
expected due to the reduced absorption rate created from the impervious surfaces,
which may have a significant impact on downstream drainages. The compacted soils
of the proposed athletic field will have a lower permeability than soils left in their
natural state, but this is not expected to cause a significant increase in stormwater
runoff because the grass surface of the athletic field has a low runoff coefficient. In
order to prevent any significant impacts to drainages, a plan for a permanent solution
for drainage is required to be submitted to and approved by the Department of Public
Works prior to issuance of a building permit for the gymnasium. The drainage plans
are required to specify how drainage waters will be detained on site and/or conveyed
■ Butte County Department of Development Services ■ Planning Division ■
17
0
Project: Paradise Evangelical Free Church; UP 01-15
0
Less Than
Significant
Less
Potentially with
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
to the nearest natural or publicly maintained drainage channel or facility and will
provide that there be no increase in the peak flow runoff to said channel or facility.
g. - i. The project site is not located within a 100 -year flood zone as shown on Federal
Emergency Management Agency Flood Insurance Rate Map 06007C -0575C, dated
June 8, 1998.
The property is not located in an area prone to seiche, tsunami, or mudflow. No
impact will be incurred with respect to these natural hazards.
Mitigation Measure # 3:
Prior to the issuance of building permits for the gymnasium a plan for a permanent
solution for drainage shall be submitted to and approved by the Department of Public
Works. The drainage plans shall specify how drainage waters shall be detained on
site and or conveyed to the nearest natural or publicly maintained drainage channel
or facility and shall provide that there shall be no increase in the peak flow runoff to
said channel or facility. A copy of the approved plan shall be submitted to the
Planning Division and the Building Division.
9. LAND USE AND PLANNING. Would the
project?
a) Physically divide an established
community? K
b) Conflict with an applicable land use
plan, policy, or regulation of an
agency with jurisdiction over the project
(including, but not limited to, the
general plan, specific plan, local coastal
program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating
an environmental effect? X
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan? K
■ Butte County Department of Development Services ■ Planning Division ■
18
E
Project: Paradise Evangelical Free Church, UP 01-15
Potentially
Significant
Impact
Response:
•
Less Than
Significant Less
with Than
Mitigation Significant No
Incorporated Impact Impact
a. The proposal will not physically divide an established community.
b. The project site is zoned H -C (Highway Commercial) and AR -1 (Agricultural -
Residential, 1 -acre minimum parcel size).. The H -C zone is located adjacent to Pentz
Road and extends from approximately 60 to 100 feet onto the property,
encompassing approximately .8 acres of the site. All of the proposed facilities are
located in the AR -1 zone. The parcel is designated by the Land Use Element Map
of the Butte County General Plan as Low Density Residential. Quasi -public uses,
such as churches, are listed as a Secondary Use in the Low Density Residential
designation. Quasi -public uses are allowed in the AR -1 and H -C zones with a Use
Permit. The church use was permitted by Use Permit 85-60 in 1985.
Surrounding parcels are zoned H -C to the east and AR -1 to the south and west. The
parcels located on the north side of the site are located in the Town of Paradise and
are zoned for residential uses. Surrounding parcels range in size from .8 acres to 24
acres. Land uses on surrounding parcels include single family dwellings to the south,
west, and north, a bait and tackle store to the northeast, and two. mobile home/RV
parks to the east (across Pentz Road).
The project site is within the Town of Paradise's Sphere of Influence, with the Town
limits adjacent to the site's north property line. The Town of Paradise does not object
to the project but recommended that a detailed initial study of the project's
environmental effects be conducted.
C. The property is not within a habitat conservation plan or natural community
conservation plan. No impact will be incurred.
Mitigation Measure: None required.
10. MINERAL RESOURCES.
Would theproject:
a) Result in the loss of availability
of a known mineral resource that would be
of value to the region and the residents
of the state?
■ Butte County Department of Development Services ■ Planning Division ■
19
k
•
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Less
Potentially with
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
b) Result in the loss of availability of a
locally -important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan? - k
Response:
a.— b. The proposed project would not use or extract any mineral or energy resources and
would not restrict access to known mineral resource areas. The project is located
within an area where there are little or no mineral resources. Therefore, the project
would have no impact on mineral resources.
Mitigation Measure: None required.
11. NOISE. Would the project result in:
a) Exposure of persons to or generation
of noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies?
b) Exposure of persons to or generation
of excessive ground borne vibration or
ground borne noise levels: _
c) A substantial permanent increase in
ambient noise levels in the project
vicinity above levels existing without
the project? _
d) A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing
without the project? _
X
V
X
e) For a project located within an
airport land use plan or, where such a plan
has not been adopted; within two miles of
X
■ Butte County Department of Development Services ■ Planning Division ■
9C
Project: Paradise Evangelical Free Church, UP 01-15
Potentially
Significant
Impact
a public airport or public use airport;
would the project expose people residing
or working in the project area to excessive
noise levels?
f) For a project within the vicinity of a
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels?
Response:
0
Less Than
Significant Less
With Than
Mitigation Significant No
Incorporated Impact Impact
K
x
a. - d. Ambient noise on and around the project area is affected primarily by uses associated
with the existing church on the site, vehicle traffic on Pentz Road, and residential
uses in the area. Noises generated by the church use consists mainly of vehicles
arriving and departing the site. Other noise is generated by outdoor activities held
by church members.
Temporary and single event noise levels will be created during the construction
phase. Grading equipment and construction ofthe gymnasium will generate the most
noise. Vehicles containing construction workers, equipment, and material will also
generate noise as they arrive and depart the site. The proposed athletic field will be
located adjacent to parcels that have residential uses and the residents on these
parcels may be significantly impacted by grading activities. Construction of the
gymnasium will also generate noise that may cause an impact to nearby residents.
In order to limit noise impacts to the nearby residents, a mitigation measure is
recommended that limits construction activity from 7:00 a.m. to 6:00 p.m. Monday
through Friday, and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays.
Participants of the games being played on the athletic field, along with spectators,
will generate noise in the form of yelling and cheering. This noise may be heard by
the residents to the north of the site. According to the applicant, the number of
games to be played will be very limited, perhaps two games per week. The games
will be played during daylight hours, and then only during good weather. Use of the
playing field will be limited to church members and to church league games. The
applicant estimates that there will only be three to four church league games played
per year. The playing field will not be open to member of the public (i.e., Paradise
Recreation District). Due to the low number of times that the playing field will be
utilized no significant noise impacts are anticipated.
■ Butte County Department of Development Services ■ Planning Division ■
21
•
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Potentially with
Significant Mitigation
Impact Incorporated
Less
Than
Significant No
Impact Impact
e. - f. The project is not located in the vicinity of an airstrip or within an airport land use
plan. No impact will be incurred.
Mitigation Measure # 4:
All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through
Friday, and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays.
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth
in an area, either directly (for example, by
proposing new homes and businesses)
or indirectly (for example, through
extension of roads or
other infrastructure?
b) Displace substantial numbers.of
existing housing, necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of
people, necessitating the construction
of replacement housing elsewhere?
Response:
X
X
x
a. The project will not induce any population growth nor will it create a need for any
new infrastructure which could induce population growth. A water line already
extends onto the project site.
b. - c. The project will not displace individuals or housing.s No impact will be incurred.
Mitigation Measure: Norte required.
■ Butte County Department of Development Services ■ Planning Division ■
22
Cl
Project: Paradise Evangelical Free Church, UP O1-15
13. PUBLIC SERVICES.
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,.
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios, response
times, or other performance objectives for
any of the public services?
b)
Fire protection?
Less Than
Police Protection?
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,.
the construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios, response
times, or other performance objectives for
any of the public services?
b)
Fire protection?
c)
Police Protection?
d)
Schools?
e)
Parks?.
f)
Other public services?
Response:
a. The project will not create a need for any new public services.
X
b. The project will not create an increase in demand for fire protection services. The
project will not result in an increase in fire hazard in the area. If a person is injured
on the site the Butte County Fire Department, or the Town of Paradise Fire
Department through mutual -service aid service, may have to respond to provide first
aid. This is not expected to be significant due to the very low number of games that
will be played on the field throughout the year.
C. The proposal will not cause an increase in demand for police protection services
because the proposed uses do not normally require such service.
d. The proposal will not result in a demand for school facilities in the area.
e. The proposal will not result in a demand to area parks and facilities.
■ Butte County Department of Development Services ■ Planning Division ■
23
Project: Paradise Evangelical Free Church, UP O1-15
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant
Impact Incorporated
Impact
f. The project will not have an impact on any other public services.
Mitigation Measure: None required.
14. RECREATION.
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?_
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
Response:
No
Impact
X
x -
a. - b. The project will not increase the use of existing parks or other recreational facilities
nor will the project create the need for any new parks or recreational facilities. The
proposed project will help meet the recreational requirements of the church
membership. The proposed playing field and gymnasium will not be open to the
public.
Mitigation Measure: None required.
15. TRANSPORTATION/TRAFFIC.
Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
X
■ Butte County Department of Development Services ■ Planning Division ■
24
0
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Less
Potentially with
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
b) Exceed, either. individually or cumula-
tively, a level of service standard established
by the county congestion management
agency for designated roads
or highways? X
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in
substantial safety risks? X
d) Substantially increase hazards due to
a design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? K
e) Result in inadequate emergency
access? X
f) Result in inadequate parking
capacity? X
g) Conflict with accepted policies, plans
or programs supporting alternative
transportation (e.g., bus turnouts,
bicycle racks)? X
Response:
a. - e. The project site has a driveway on Pentz Road and on Safari Lane. The site interior
road is one-way, with vehicles entering from Safari Lane and exiting onto Pentz
Road. Pentz Road at the site is two lanes, with no center turning lane. The vehicle
speed on Pentz Road at the site is 35 MPH. There is excellent site vision of Pentz
Road in both directions from the site driveway.
Pentz Road just south of the project site has an average daily traffic of 4,340 vehicles
(Butte County Department of Public Works, 1999 vehicle count). The Level of
Service along this portion of Pentz is "C" or better, which indicates that vehicle
circulation is acceptable. According to the applicant, most church members live in
Paradise, to the north of the site, and make a right turn into Safari Lane to access the
site. Most vehicles exiting the site make a left turn onto Pentz Road.
■ Butte County Department of Development Services ■ Planning Division ■
25
•
Project: Paradise Evangelical Free Church, UP 01-15
•
Less Than
Significant
Less
Potentially With
Than
Significant Mitigation
Significant No
Impact Incorporated
Impact Impact
The number of vehicle trips that the project will generate is not expected to create
any significant impacts on Pentz Road because the proposed gymnasium and athletic
field will not be open to the general public. Church members will be the primary
users of the proposed facilities, but church league games *may be played on the
athletic field. According to the applicant, the number of games to be played will be
very limited, perhaps three to four games per week. The applicant estimates that
there will only be three to four church league games played per year., Due to the low
number of vehicle trips that will be generated by the project, no significant vehicle
circulation impacts are anticipated. In order to allow for better traffic circulation, the
Public Works Department requests that a left turn pocket be placed on Skyway. This
will be added as a condition of project approval.
f. There are 97 parking spaces on the site for the existing church use. This number of
parking spaces can easily accommodate the parking needs for people using the
proposed facilities.
g. The project will not conflict with accepted policies, plans or programs supporting
alternative transportation.
Mitigation Measurer None required.
16. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board? X
b) Require or result in the construction of
new water or wastewater treatment facilities
or expansion of existing facilities, the
construction of which could cause
significant environmental effects? X
c) Require or result in the construction of )
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects? K
■ Butte County Department of Development Services ■ Planning Division ■
26
•
Project: Paradise Evangelical Free Church, UP 01-15
Potentially
Significant
Impact
d) Have sufficient water supplies
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with
sufficient permitted capacity to
accommodate the project's solid waste
disposal needs? _
g) Comply with federal, state, and
local statutes and regulations related
to solid waste?
Response:
•
Less Than
Significant Less
With Than
Mitigation Significant No
Incorporated Impact Impact
X
X
X
a. - e. The Del Oro Water Company already provides domestic water to the church on the
site. Additional water will be needed for the restroom, the gymnasium, and to water
the athletic field. The Del Oro Water Company indicated that they can supply the
additional water needed by the proposed facilities (phone conversation with John
O'Farrel, 3/27/01). The project will not have an impact on any water or wastewater
treatment facilities. No additional off-site storm water facilities will be necessary as
a result of this project.
f. The project will cause a very minor increase in the stream of waste being deposited
in the Neal Road Landfill.
g. No impact will be incurred to federal, state, and local statutes and regulations related
to solid waste.
Mitigation Measure: None required.
■ Butte County Department of Development Services ■ Planning Division ■
27
Project: Paradise Evangelical Free Church, UP O1-15
Potentially
Significant
Impact
17. 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?
b) Does the project have impacts that
are individually limited, but cumulatively
considerable? ("Cumulatively consider-
able" 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)?
c) Does the project have environmental
effects which will cause substantial .
adverse effects on human beings, either
directly or indirectly? _
Response:
•
Less Than
Significant
Less
With
Than
Mitigation
Significant
Incorporated
Impact
Y
x
No
Impact
X,
The project has the potential to contribute impacts that are individually limited but
cumulatively considerable with respect to cumulative impact to Initial Study Checklist Items
2.b. Air Quality, 6.b. Geology and Soils, 8.d. Hydrology and Water Quality, and l l .d. Noise.
Cumulative impact to these areas will be mitigated due to the inclusion of Mitigation
Measures # 1 4 as itemized under Section V. -Mitigation Measures and Monitoring
Requirements.
■ Butte County Department of Development Services ■ Planning Division ■
28
U
Project: Paradise Evangelical Free Church, UP 01-15
•
V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Prior to any soil disturbance and prior to the issuance of a building permit, the applicant shall
submit an improvement plan with respect to fugitive dust and air pollution to the Butte
County Air Quality Management District for review and determination of approval. Said
plan shall include measures to control fugitive dust emissions from all civil construction
associated with development of the site. Measures may include site and road watering and/or
use of other acceptable soil palliatives. Measures determined to be acceptable by the Air
Quality Management District shall be implemented during all development activities on the
site. A copy of the approved plan shall, be submitted to the Building Division and the
Planning Division.
2. Prior to any soil disturbance, prepare a Best Management Plan to address erosion control
during site preparation and building construction. The erosion control methods proposed
shall be methods accepted by professional civil engineering practices and prepared by a
registered civil engineer. The plan shall make provisions to stabilize all disturbed soil that
is subject to erosion, prior to the onset of the rainy season (November 15). If work is to be
performed during the winter (November 15 - April 15), a temporary erosion control plan
shall be established and implemented on a daily basis to provide for interim measures for
periods of rain. The Best Management Plan shall be submitted to the Department of Public
Works for review and approval. The applicant shall submit a copy of the approved Best
Management Plan to the Planning Division and the Building Division. No clearing or land
disturbance shall take place until the. Planning Division and the Building Division have
received a copy of the Best Management Plan.,
3. Prior to the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
4. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays.
DATA SHEET
A. Project Description
1. Type of Project: Use Permit for an athletic field, 500 square foot restroom, and a
6,000 square foot gymnasium.
2. Proposed Density of Development: N/A.
3. Amount of Impervious Surfacing: Approximately 6,500 square feet.
0 Butte County Department of Development Services 0 Planning Division 0
Project: Paradise Evangelical Free Church, UP 01-15 r
4. Access and Nearest Public Road(s): Driveways on Safari Lane and on Pentz Road.
5. Method of Sewage Disposal: On-site septic system.
6. Source of Water Supply: Del Oro Water Company.
7. Proximity of Power Lines: To property.
8. Potential for further land divisions and development: AR -1 zoning allows for 1 -acre
parcels, but steep slopes may preclude land divisions on west portion of the site.
B. Environmental Setting
1. Terrain
a General Topographic Character: Ridgetop, sloping steeply down Dry Creek
Canyon.
b. Slopes: Average of 0 to 40%.
C. Elevation: 1,620 feet above sea level.
d. Limiting Factors: None.
2. Soils
a. Types and Characteristics: Aiken, very deep (60" to 140" thick) soils, dark
brown, load, clay, moderately slow permeability, moderate runoff potential.
SCS Class IV soils, which are suitable for cultivation but have some
limitations.
b. Limiting Factors: Unknown.
3. Natural Hazards of the Land
a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII.
b. Erosion Potential: Slight on eastern portion of site, high in western portion.
C. Landslide Potential::. Low to moderate.
d. Fire Hazard: Very high.
e. Expansive Soil Potential: Unknown.
4. Hydrology
a. Surface Water: None.
b. Ground Water: Unknown, potentially limited.
C. Drainage Characteristics: Property drains generally to the southeast.
d. Annual Rainfall (normal): 45 to 55 inches per year.
e. Limiting Factors: None.
5. Visual/Scenic Quality: Good.
6. Acoustic Quality: Adequate - noise from vehicles on Pentz Road.
7. Air Quality: Good.
8. Vegetation: Grasses, ceanothus, manzanita, poison oak, ponderosa pine, California
black oak, scrub oak.
9. Wildlife Habitat: Small birds and animals common to lower mountains. Not within
a deer herd area.
10. Archaeological and Historical Resources in the area: Low archaeological sensitivity
area.
11. Butte County General Plan designation: Low Density Residential.
12. Existing Zoning: AR -1 (Agricultural -Residential, 1 -acre minimum parcel size) and
H -C (Highway Commercial).
■ Butte County Department of Development Services ■ Planning Division ■
0C
is
Project: Paradise Evangelical Free Church, UP 01-15.
13. Existing Land Use on-site: Church.
14. Surrounding Area:
a. Land Uses: Commercial businesses, vacant lots, suburban residential, mobile
home/RV parks.
b. Zoning: H -C, AR -1, Town of Paradise (R -R).
C. Gen. Plan Designation: Commercial, Low Density Residential.
d. Parcel Sizes: .8 to 24 acres.
15. Character of Site and Area: Commercial and suburban residential.
16. Nearest Urban Area: Town of Paradise.
17. Relevant Spheres of Influence: Town of Paradise, Butte County Mosquito Control,
Paradise Park and Recreation District, Butte College, Paradise Cemetery, CSA 164
(Animal Control).
18. Improvement Standards Urban Area: None.
19. Fire Protection Service:
a. Nearest County (State) Fire Station: Station 34, approximately 6 miles to the
north of the site on Skyway.
b. Water Availability: Fire hydrants.
20. Schools: Union School District: Paradise Unified School District.
ENVIRONMENTAL REFERENCE MATERIAL
1. Butte County Planning Department. Earthquake and Fault Activity 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: C142M 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. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution
No. 67-178. Oroville, CA: Butte County Planning Department, 1987.
11. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency
Management Agency. 1989.
■ Butte County Department of Development Services ■ Planning Division ■
31
Project: Paradise Evangelical Free Church, UP 01-15
13. USGS Quad Maps.
14. Soil Map, Chico (1925)/Oroville 1926) Area. United States Department of Agriculture.
15. Soil Survey of Chico G925)/Oroville 0926) Area. United States Department of Agriculture.
16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities
Map. Butte County Fire Department and California Department of Forestry, 1989.. .
lu
K:\PROJECTS\UPC\EVANGEL\EVANGEL.IS
■ Butte County Department of Development Services ■ Planning Division ■
32
VP 't�"1'0 o
It was moved by Commissioner Vercruae, seconded by Commissioner
Lambert and unanimously carried as'followe:
A. Find that the requirements of CEQA have been completed and
considered and adopt a Negative Declarations and
B. Find that the project complies with Butte County Code Sections
24-35, -43, -94 and -113, specifically that the proposed church
will not impair the integrity and character of the AR -MH -1 and H -C
zones and that the use would not be unreasonably incompatible with
or injurious to surrounding properties or detrimental to the
health and general welfare of (.he persons residing or working in
the neighborhood or to the general health, welfare and safety of
the County; and
C. Approve the proposed Use Permit to allow a 7250 sq. ft. church on
AP 55-29-21 (Paradise Evangelical Free Church) subject to the
following conditions:
1. Obtain encroachment permits from Public Works.
2. Install a standard 5-18 public road approach at each access
point to the property.
3. Submit estimate of traffic generation and turning movements
prepared by registered engineer to Public Works for review
and comments.
4. Provide a permanent solution for drainage. Submit
construction and drainage plans to Department of Public Works
for approval and install the required facilities.
5. Prior to issuance of building permits, the BLM on AP 55-29-21
approved 11/24/80 shall be finalized as conditioned.
6. Meet the requirements of CDF, including but not limited to
Installation of one fire hydrant.
7. Provide sewage disposal under permit and inspection by Butte
County Environmental 11f.-alth.
8. All excavated soils to be deposited as noted on the site
plan, terraced and planted with ground cover to minimize
erosion.
9. Submit grading plan to Public Works for approval.
10. Applicant must also comply with all other applicable State
and local statutes, ordinances and regulations.
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7 County Center Drive, Oro, CA 95965 (530)538-7681 0 O o
Y
DETERMINATION OF GRADING PERMIT EXEMPTION ��' :y'
According to Sec. 13-5.1 of the Butte County Code, any person who has not obtained a grading permit pursuant to Article I Chapter 13 - Grading,
of the Butte County Code but is proposing to perform grading of any of the following types shall first obtain a determination of exemption .
1) PLEASE COMPLETE THE FOLLOWING INFORMATION
2) ATTACH LOCATION MAP AND PLOT PLAN DETAILING PROPOSED GRADING ACTIVITY
Property Owner:
Home Address:
Address of Grading:
Phone Number:
Maximum depth of excavations and fills:
Maximum slope of area to be graded:
Volume of excavations and fills:
Purpose of the grading:
Nature of land use proposed in connection with the grading:
AP# of Grading Property:
Type of exemption claimed pursuant to Sec. 13-5 "Exemptions": (Please check box that applies)
❑ Excavation and grading authorized by a valid building permit as provided for under chapter 70 of the appendix of the Uniform Building
Code, as adopted by section 26-1 of chapter 26 of the Butte County Code.
❑ An excavation that does not exceed (10) feet in vertical depth at its deepest point, measured from the original ground surface, or one
thousand (1,000) cubic yards on any one (1) lot or parcel or real property.
❑ Fill on a slope of twenty (20) percent or flatter that does not exceed ten (10) feet in vertical height at its highest point, measurers from the
original ground surface, or one thousand (1,000) cubic yards on any one (1.) lot or parcel of real property. -
❑ Exploratory excavations which do not exceed one thousand (1,000) cubic yards at any one (1) site.
❑ Construction of roads for forestry or fire protection purposes, as required by a governmental fire protection agency.
❑ Excavations for: Cemetery graves, tunnels, wells, mining, quarrying, under grounding of utilities, public works projects, archaeological
sites, or dams and public refuse disposal sites, controlled by other regulatory agencies.
❑ Emergency projects due to landslides, road and bridge washouts, flooding or other natural disasters.
❑ Routine maintenance of roads or manmade or engineered flood control channels and levees.
❑ Grading, specifically authorized by the terms of any discretionary permit or approval granted by the County of Butte.
❑ Other — explain on additional sheet of paper
I certify the above information to be true and correct
❑ APPROVED ❑ DENIED
Property Owner Signature
FOR OFFICE USE ONLY
(Date) (Authorizing Signature -Director of Public Works;
0
CHAPTER 13
GRADING AND MINING•
Art. I. Grading, §§ 13-1-13.100
Art. II. Surface Mining and Reclamation, §$ 13.101-13-116
ARTICLE I. GRADING
Sec. 13-1. Purpose.
The Grading Zone is an area including unique resources. It is
noted for its scenic natural beauty, for its streams, creeks, and
vernal pools, for. its diversity of vegetation including rare and
endangered plant species, for its fish and other wildlife, and for
its sources of water.
All of the said resources are subject to serious damage by
improper and uncontrolled grading, including, but not limited to,
erosion and siltation jeopardizing or destroying fish and other
.wildlife and the disruption or contamination of sources of water
being used for domestic and other purposes.
The purpose ' of this article is the control of erosion and silt-
ation, the enhancement of slope stability, the protection of said
resources and the prevention of related environmental damage
by establishing standards and requiring permits for grading.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
*Editor's note—Ord. No. 1827, § 1, enacted May 24, 1977, repealed former ch.
13, §§ 13-1-13-17, and enacted a new ch. 13 to read as herein set out in art. II, §§
13-101=13-116. Prior to enactment of Ord. No. 1827, former ch. 13, H 13.1-13-17,
pertained to similar subject matter and was derived from Code 1952, § 99.
Subsequently, § 1 of Ord. No. 2680, adopted Apr. 26, 1988, changed the title of
the chapter from "Mining and Dredging" to "Grading and Mining."
Cross references—Groundwater conservation, ch. 33; implementation of this
chapter, § 41-1.
155 1Supp. No. 9.93
• •
§ 13-2 BUTTE COUNTY CODE § 13.4
Sec. 13-2. Definitions.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this
section:
Channel• A natural stream that conveys water; a ditch or chan-
nel excavated for the flow of water.
Director: The director of the department of public works or his
duly authorized designee.
Drainage: The removal of excess surface water or groundwater
from land by means of surface or subsurface drains. . .
Erosion: The wearing away of the land surface by water or
wind.
Grading: Any earth movement, including excavation and fill-
ing, or any combination thereof. =
Grading Zone: That area *of the, County of Butte which lies east
of Highway 70 from the southern boundary of the county north to
the intersection of Highway 70 and Highway 149, east of High-
wad+ 149 from said intersection north to the intersection of High-
way 149 and Highway 99, and east of Highway 99 from said
intersection north to the northern boundary of the county, and
which is at an elevation of three hundred (300) or more feet above
mean sea level. (Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1,
3-7-89)
Sec. 13-3. Permit required.
Except as otherwise provided herein, it shall be unlawful for
any person to commence or perform any grading in the Grading
Zone without first having obtained and complied with the condi-
tions and requirements of a grading permit. (Ord. No. 2680, § 2,
4-26-88; Ord. No. 2738, § 1, 3-7-89)
Cross reference—Penalty for violation of this section, § 1.7(b).
Sec. 13-4. Effect of pending project application.
A grading permit shall not be approved for a project which
requires a zoning change, subdivision, parcel map or use permit
prior to the final approval of said zoning change, subdivision,
156 Supp. No. 9-93
1 13.5 GRADING AND MINING § 13.6
parcel map or use permit. (Ord. No. 2680, § 2, 4-26-88; Ord. No.
2738, § 1, 3-7-89)
Sec. 13-5. Exemptions.
A grading permit shall not be required if the work meets any of
the conditions specified below:
(a) Excavation and grading authorized by a valid building
_permit as provided for under chapter 70 of the appendix of
the Uniform Building Code, as adopted by section 26-1 of
chapter 26 of this Code.
(b) An excavation that does not exceed ten (10) feet in vertical
depth at its deepest point, measured from the ori
ginal ,,..
ground surface, or one thousand (1,000) cubic yards on any'
one (1) lot or parcel of real property. '
(c) Fill on a slope of twenty (20) percent or flatter that does
not exceed ten (10) feet in vertical height at it highest
point, measured from the original ground surface, or ane
thousand (1,000) cubic yards on any one (1) lot or parcel of
real property.
(d) Exploratory excavations which do not exceed one thousand
(1,000) cubic yards at any one (1) site.
(e) Construction of roads for forestry or fire protection pur-
poses, as required by a governmental fire protection agency.
(f) Excavations for: cemetery graves, tunnels, wells, mining,
quarrying, undergrounding of utilities, public works pro-
jects, archaeological sites, or dams and public refuse dis-
posal sites, controlled by other regulatory agencies.
(g) Emergency projects due to landslides, road and bridge wash-
outs, flooding or other natural disasters.
(h) Routine maintenance of roads or manmade or engineered
flood control channels and levees.
(i) Grading, specifically authorized by the terms of any dis-
cretionary permit or approval granted by the County of
Butte. (Ord. No. 2680, § 2, 4.26-88; Ord. No. 2738, § 1,
3-7-89; Ord. No. 2954, § 1, 9-24-91)
156.1 Supp. No. 9-91
•
§ 13-5.1 BUTTE COUNTY CODE $ 13-5.1
Sec. 13.5.1. Determination of exemption.
(a) Any person who has not obtained a grading permit pur-
suant to this article but is proposing to perform grading of any of
the following types shall first obtain a determination of exemp-
tion as specked in subsection (b) below:
(1) An excavation exceeding ten (10) feet in- vertical depth at
its deepest point, measured from the original ground sur-
face, or exceeding one thousand (1;000) cubic yards on any
one (1) lot or parcel of real property
(2) Fill on a slope exceeding twenty (20) percent and exceeding
ten (10) feet in vertical height at its highest point, mea-
sured from the original ground surface, or one thousand
(1,000) cubic yards on any one (1) lot or parcel of real prop-
erty.
(b) Any person proposing to do grading of a type described in
Subsection (a) above shall apply to the director for a determiiia-
tion whether such work is exempt pursuant to section 13-5 or
whether a grading permit is required pursuant to this article. The
application for determination of exemption shall describe the
grading which is proposed in the following information:
Maximum depth of excavations and fills, maximum slope. of area .
to be graded, volume of excavations and fills, purpose of the
grading, nature of land use proposed in connection with the
grading and type of exemption claimed pursuant to section 13-5.
The application for determination. shall be made on a form ap-
proved by the director, shall identify the property by assessor
parcel number and street address, and shall be accompanied by a
location map and plot plan. Upon receipt of the completed appli-
cation the director shall review it and may make a site inspection
and request any additional information necessary to determine
whether or not the proposed grading is exempt. The director shall,
within ten (10) days from his receipt of all information reasonably
necessary, make his determination and mail notification thereof
to the applicant stating whether the proposed grading is exempt
or a grading permit is required.
(c) It shall be unlawful for any person to commence grading of
a type described in subsection (a) unless and until he or she has
156.2 Supp. No. 9-91
•
§ 13-6 GRADING AND MINING 113-6
obtained a notification of exemption from the director or a grading
permit, pursuant to this article. (Ord. No. 2954, $ �2, 9-24-91)
Sec. 13-6. Permit application.
(a) Application for Permit: Each application for a permit that is.
required by this article shall be made by the property owner or
his authorized agent` to the director on a form furnished for that
purpose and shall be accompanied by,a permit application fee of
two hundred thirty-three dollars ($233.00). Provided howeve`
that if a detailed engineering plan and specifications, soils engi-
neering report and erosion and sediment control plan are re-'
quired pursuant to subsection W10) below, the application fee shall
be six hundred thirty-three dollars ($633.00). The application
shall also be accompanied by an application for environmental
review and the fees which are required by the Butte County
Environmental Review Guidelines.
(b) Application Content An application for a permit shall in-
clude the following information:
(1) An accurate location map showing the relation of the project
to the nearby community.
(2) An accurate plot plan showing the exterior boundaries of
the area affected, the location of any buildings.
(3) A description of the work to be done together with the
materials to be used thereon, including depth of fills, height
of cuts, proposed spoils location for any excess excavation,
and estimated volumes in cubic yards of excavation and fill.
(4) The location of all drainage to and from the site and the
location of culverts and natural watercourses.
(5) A relocation plan for existing waterway or drainage facili-
ties proposed to be altered.
(6) Details of proposed drainage structures.
(7) A description of the methods to be used to control erosion.
(8) The locations of anticipated stockpile areas.
II
156.2.1
Supp. No. 9.91
4 13-7 GRADING AND MINING 13.8
(9) Other pertinent information, as requested by the director.
(10) When the total excavation plus the total fill exceeds ten
thousand (10,000) cubic yards, a detailed engineering plan
and specifications, soils engineering report, and erosion
and sediment control plan, prepared and signed by a li-
censed civil engineer, will be submitted pertaining to ap-
plications involving one (1) or more of the following:
(i) Cuts or fills exceeding.
(15) feet in height.
(ii) Existing average slopes exceeding twenty (20) percent.
(iii) . Mean annual rainfall exceeding fifty (50) inches, as
determined .by the National Weather Service. (Ord.
:4 No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-7. Environmental review.
Permit applications shall be referred to the planning depart-
ment for review pursuant to the Butte County Environmental
Review Guidelines and the California Environmental Quality Act.
1 (Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-8. Engineering plans and specifications.
Engineering plans and specifications, when required pursuant
to section 13-6(bX10), shall be drawn to scale upon reproducible
paper or mylar and shall be of sufficient clarity to indicate the
nature and extent of the work proposed and show in detail that it
will conform to the provisions of this article and all relevant
laws, ordinances, rules and regulations. The first sheet of each set
of plans shall give the location of the work and the name and
address of the owner and the person by whom they were pre-
pared. The plans shall include the following information:
(1) General vicinity of the proposed site.
(2) Property limits and accurate contours of existing ground
and details of terrain and area drainage.
(3) Limiting dimensions, elevations or finish contours to be
achieved by the grading, and proposed drainage channels
and related construction.
(4) Detailed plans and/or specifications of all surface and sub-
surface drainage devices, walls, cribbing, dams and other
156.3 Supp. No. 3-89
r
§ 13-9 BUTTE COUNTY CODE 113-10
protective devices to be constructed with, or as a part of,
the proposed work, together with a map showing the drain-
age area and the calculated runoff of the area served by
any drains. .
(5) Location of buildings or structures on the property where
the work is to be performed and the location of buildings or
structures on land of adjacent owners which are within
fifteen (15) feet of the property and which may be affected
by the proposed grading.
(6) A detailed list of the materials to be incorporated in the
work and quantities of each item, including, but not lim-
ited to, earth work, pipe lengths and concrete.
(7) Other pertinent information as requested by the director.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-9. Soils engineering report.
The soils engineering report, when required pursuant to sec-
tion 13-6(bX10), shall include data regarding the nature, distribu-
tion and strength of existing soils, conclusions and recommenda-
tions for grading procedures and design criteria for corrective mea-
sures, when necessary, and recommendations covering adequacy
of sites to be developed by the proposed grading. Recommenda-
tions included in the report shall be incorporated in the grading
plans or specifications, which shall be subject to review and ap-
proval by the director. (Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738,
§ 1, 3-7-89)
Sec. 13-10. Erosion and sediment control plan.
The erosion and sediment. control plan, when required pursu-
ant to section 13-6(bX10), shall conform to the standards of this
article and shall contain measures to be incorporated into the
proposed work. The plan shall contain a description of temporary
and permanent measures for:
(1) Protection of native and naturalized vegetation.
(2) Minimizing disturbance or removal of vegetation.
(3) Revegetation of disturbed areas.
156.4 Supp. No. 3-89
IRS
0
$ 13-11 GRADING AND MINING 013- . 11
(4) Drainageway protection.
(5) Sediment detention.
(6) Fill slope protection.
(7) Cut slope protection.
(8) Disposal of spoil material.
(9) Protection of stockpile material.
(10) Dust control.
(11) Other pertinent, information as requested by the director.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-11. Standards.
(a) General: When a permit is required pursuant to this article,
the grading plan and erosion control. plan applicable to the project
shall conform to the standards set forth herein.
�. (b) Sediment ControL• .
(1) Sediment caused by the grading project shall be retained
on the site to the greatest extent feasible. The rate of
erosion after completion of the project should not exceed
the natural erosion rate which occurred prior to the grad-
ing project. If erosion exceeds the natural rate, erosion and
sediment control measures shall be immediately implemented
to reduce erosion to allowable levels.
(2) Where practical and feasible, sediment basins, sediment
traps, or similar sediment control measures, temporary or
permanent, shall be installed prior to grading operations.
Upon completion of construction and stabilization of soils,
all temporary erosion control facilities shall be removed
from the site.
(c) Native Vegetation:
(1) Native vegetation shall be retained and protected, wher-
ever possible, unless removal is required for public health
and safety.
(2) When vegetation must be removed, the method shall be
one that will minimize the erosive effects from the removal.
156.5 Supp. No. 3.89
0 •
13.11 BUTTE COUNTY CODE ' 4 13-11
(3) Exposure of soil to erosion by removing vegetation shall be
limited to the area required for immediate construction
operations.
(d) Grading Practices and Setbacks:
(1) Grading operations. shall be conducted so as to control
sediment production and dust on the project site and other
properties.
....(2) The setbacks specified by "this section are minimum re-
quirements and maybe increased by the director or by the
recommendation of a civil engineer, soils engineer or .en-
gineering geologist, if necessary for safety and stability, or to
prevent damage to other properties from deposition or erosion,
or provide access_ for slope, maintenance and drainage. Re-
taining walls and/or deep foundations may be used to reduce
the required setbacks when approved by the director.
(3) The required setbacks areas follows:
Slope_ Height : Setback From Top of Cut
(1-1) in Feet or Toe of Filo in Feet
H. . , Setbacks
0-10 5
10-30..IV2
Over 30 . . 15
Increased setback may be required if interceptor drains
are necessary.
(e) Control of Runoff.
(1) Each plan which makes changes in surface water drainage
shall be required to: .
a. Make provision to handle upstream off-site runoff through
the project site, based on projected storm runoff from
the watershed.
b. Provide and install, at the owner's expense, pertinent
drainage, erosion and sediment control structures.
c. Retain sediment being transported by runoff water on
site through the use of sediment basins, silt traps, or
similar control structures.
156.6 Supp. No. 3.89
L
•
0
GRADING AND MINING
§ 13-11
(2) Release of concentrated surface water runoff shall only be
directed into existing drainage facilities, swales or water-
courses, at velocities which will not cause the natural ero-
sion rate to be exceeded.
(f) Slope Construction:
(1) Slopes shall not be steeper than one-to-one (1:1) for cuts
and one and one -half -to -one (1%:1) for fills, unless a steeper
slope is determined suitable by geological and soils engi-
neering analysis. Erosion control measures shall be included
in the plans and specifications.
(2) Slopes shall not be constructed so as to endanger or disturb
adjoining property.
(g) Reuegetation and Slope Surface Stabilization:
(1) Mulching, seeding, the planting of shrubs and trees, or
other suitable stabilization measures shall be used to pro-
tect exposed slopes as necessary to control erosion, sedi-
mentation and slope stability. Preference shall be given to
using native or locally adapted grasses, shrubs and woody
vegetation.
(2) Earth or paved interceptors and diversions shall be in-
stalled at the top of cut or fill slopes where there is a
potential for erosive surface runoff.
(3) Revegetation shall be maintained by the owner until per-
manent establishment is achieved.
(h) Grading.
(1) All land within a development site shall be graded to drain
and dispose of surface water without ponding, except as
otherwise provided herein.
(2) Where drainage swales are used to divert surface waters,
they shall be vegetated or protected, as required.
(i) Protection of Watercourse:
(1) Fills shall not block or change natural watercourses or
constructed channels.
156.7 Supp. No. 3-89
3 13-11 1 BUTTE COUNTY CODE 113-11
(2) Excavated materials shall not be deposited or stockpiled in
or alongside the streams, lakes or watercourses where the
materials may be washed away by high water or storm
runoff.
0) Disposal of Cleared Vegetation; Vegetation removed during
clearing operations shall be disposed of by one (1) or more of the
following methods:
(1) Chipping all or some of the cleared vegetation for use as
mulch or compost on the site.
(2) Burning all or some of the cleared vegetation. Material to
be burned shall be piled in a manner and in such locations
as will cause the least fire risk and least damage to adja-
cent trees. Burning shall be thorough,'so that the materi-
als are reduced to ashes. No logs, branches or large charred
pieces shall be permitted to remain. Burning shall comply
with Butte County Air Pollution Control District and local
fire department or district regulations.
(3) Disposing of the balance -of the material in a manner and
at a location approved by the director.
(k) Excavated and Fill Materials. Excavated material removed
during grading operations and imported fill material shall be
handled in accordance with the following methods:
(1) Stockpiling sufficient topsoil on the site if necessary for
use on areas to be.revegetated.
(2) Locating stockpiled soil so that it will not become a source
for off-site sediment damage.
(3) Promptly backfilling and compacting stockpiled soil into
trenches and pits to reduce the risk of erosion.
(4) Applying mulch or other protective coverings on stockpiled
material which will be exposed through the winter season.
(5) Excavated material not to be used at the site shall be
disposed of in a manner and at a location approved by the
director.
(6) Excavated material and imported material placed in per-
manent fill shall be compacted in accordance with section
156.8 Supp. No. 3-89
C
• 0
§ 13.12 GRADING AND MINING § 13-15
19 of the State of California Department oflransportation
Standard Specifications dated January 1988. (Ord. No. 2680,
§ 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-12. Bonding.
The director shall recommend financial assurances in such
form and amounts as may be deemed necessary to assure that the
permitted work, if not completed in accordance with the approved
plans and specifications, will be corrected to eliminate hazardous
:.. conditions or to mitigate environmental impact. (Ord. No. 2680, $
_ . 2, 4-26-88; Ord. No. 2738, $ 1, 377-89)
Sec. 13-13. Director's report.
Upon receipt of a complete application for a grading permit by
the director, completion of an environmental review pursuant to
section 13-7, and the director's consideration thereof, the director
shall submit a report including his recommendations to the plan-
ning commission together with a request that the matter be set
for hearing by the planning commission. (Ord. No. 2680, § 2,
4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-14. Hearing.
Upon receipt of the director's report, the planning commission
shall, in the same manner as provided for in section 24-46 of
chapter 24 of this Code, schedule a public hearing to be held
within forty-five (45) days. The planning commission, on the basis
of evidence submitted at the hearing, may approve or deny the
permit.
The determination of the planning commission shall be final
unless a written appeal is filed in the same manner as provided
in section 24-48 Qf chapter 24 of this Code. (Ord. No. 2680, § 2,
4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-15. Inspection.
The director shall conduct such inspections as are deemed nec-
essary to ensure compliance with the approved plans and specifi-
cations and conditions of the permit. The director shall have the
right of entry upon the project premises to conduct such inspec-
156.9 Supp. No. 3.89
§ 13-16 BUTTE COUNTY CODE 613-100
tions and to clear out or open up the obstruction of any drainage
facility deemed contrary to the provisions of the permit or this
article. (Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89)
Sec. 13-16. Violations.
(a) Revocation of Permit: Whenever any alleged violation of
the terms of a grading permit is brought to the attention of the
director, he shall, after determining that a violation does exist,
either give the permittee a written notice to comply within five
(5) days, or, where continuation of the violation may adversely
affect the public health, safety or welfare, give the permittee...
written notice of suspension of the permit and operations there
under. Said notices shall be personally served or sent by regis-
tered mail, return receipt requested, and shall be effective on the
date of the personal service or mailing thereof. If the permittee
does not comply with such a notice to comply within the five-day
period, or if the permittee has been given a notice of suspension,
the director shall request the question of the revocation of the.
grading permit to be placed on the agenda of the next regular
planning commission meeting. Any grading permit may be re-
voked or modified by the planning commission in the same man-
ner as specified for use permits in section 24-62 of this Code.
(b) Public Nuisance: Any grading in violation of the terms of
this article or any permit issued hereunder is hereby declared
to be a public nuisance and may be abated in the manner pro-
vided by law.
(c) Remedies Cumulative: The remedies provided in this article
are cumulative and not exclusive. Nothing in this article bars any
legal, equitable, administrative or summary remedy to which
any aggrieved public agency, person, firm, corporation or part-
nership may otherwise be entitled. (Ord. No. 2680, § 2, 4-26-88;
Ord. No. 2738, § 1, 3-7-89)
Secs. 13-17-13-100. Reserved.
156.10 Supp. No. 3-89
Richard & Shirley Dunkel
5145 Pentz Rd.
Paradise, CA 95969
530-872-2323
May 21, 2001
To Butte County Board of Supervisors
RE: Use Permit Appeal- Paradise Evangelical Free Church
At our first meeting with Pastor Jacobson regarding the playground area, he explained
that the church intended to make a baseball and athletic field and nothing else. Then after
receiving a notice from the Planning Commission we found out that the church group is
requesting restrooms, gymnasium etc. This came as a complete surprise to us.
The church did not come to us or invite us to a meeting regarding this project at any time.
We. have owned our property for 11 years and we co-operated with them on any requests
or concerns regarding any problems, such as bushes were heavy on our property that
interfered with their members exiting on to Pentz Rd. We removed the brush as soon as
we could so that there would not be any problems or hazards for cars entering onto Pentz
Road.
We purchased.our property in 1989 and for the next 5 or 6 years we had problems with
children using our property as shortcuts on foot and bikes and using our area for
skateboard jumping. At this time there was a basketball area next to the church. The
church co-operated finally to stop this. problem so that the kids wouldn't get hurt. This
was our big concern.
Up to 1996 the church parking lot was always full and we allowed people to park on our
property so that they could attend services. Since that time (1996) we have not had any
cars use our property and we noticed that there is always plenty of room to park at the
church. On May 20, 2001, I counted 21 cars at 9 AM -Sunday School, and 45 cars at their
regular Service.
In this period from 1996 to present we have had a decline of children in our area. They
have either moved on or have grown up to young adults.
Our questions are:
1. How many children were in the congregation in 1991 and how many in 2001 and
what age group are they?
2. What was the church membership in 1991 and now in 2001? Numbers should be
examined to see if this addition is really needed.
3. Leveling the field next to our adjacent property will make a drop off of 10 to 12
feet. This will be needed to make field level with lowest part.
'r. 4. The winter rains will cause erosion of the property around this area and possibly
cause problems in the future.
5. The leveling of this field, as they anticipate, will cause water to be collected and
create standing pools. This will breed mosquitoes and.we already have this
problem and we don't need more of this in our area.
6. The 6000 square foot gymnasium by far exceeds the need of our neighborhood at
this time and in the future.
7. Outside restrooms will bring more undesirable people to use the facilities. We did
have this problem but put controls on who uses the restroom, especially after
closing hours.
8. We are concerned about children and adults using our personal section of our
property (our home is behind the store) for shortcuts to the store. We have a
convenience and bait and tackle store that is open 7 days a week.
9. We feel that there is more to this project than meets the eye because the church
Board of Directors has never come directly to us with this project. We are the
largest property owner next to the church.
10. How can the church support this large 5 year project by itself by making this a
private field and that the public is not allowed to use or even rent. This .is not
what a church should be. ---- private!
11. In regards to water, a recreation field and gymnasium will use large amounts of
water for restrooms, showers and in making the baseball field and soccer field that
need grass. We are already in a water shortage year and this project will use large
amounts to maintain causing a more probable water shortage to our community.
12. It will decrease property value in this area. Three real estate agents were quizzed
about this project and 2 out of 3 said our property value would drop due to limited
prospective buyers interested in buying property next to a large recreation field
used by youngsters or young adults. We do sell beer and wine at the store for the
past 30 plus years. This could cause a problem to sell the store and license for the
same; having a possible major adverse affect on our retirement if license cannot
be sold or transferred.
Now for a'personal viewpoint:
In the eleven years of our ownership, and as a member of the Lime Saddle
Community, not one person has invited us to their church services or to any social
activity or supported out business except for a couple bags of ice.
We feel that this project is not beneficial to our community, our business or our lifestyle.
We purchased this property to live in a semi -rural area.
S' cerely.
J
6 -
TO: BUTTE COUNTY BOARD OF SUPERVISORS
FROM: BETH KNAPPENBERGER/4964 MALIBU DR./PARADISE
RE: Appeal of Use Permit for Paradise Evangelical Free Church
1. Under page 3, paragraph 2 of the Agenda Report from April 26,
2001, "the athletic field will be used for games held by the
church congregation and for church league games." Does this
include church softball leagues of any denomination?
Will Paradise Evangelical Free Church (PEFC) be playing any type of
league other than church leagues? Will any of the leagues (church or
otherwise) be coming from out of the area, such as Oroville, Chico,
Orland, Yuba City, etc.?
2. When first approached by Rev. Jacobsen, surrounding
neighbors were led to believe by him that this project was to be
a "playground for the kids." Many neighbors were stunned to hear of
the actual plans - a baseball and soccer field with restroom
facilities, as well as a 6000 square foot gymnasium. We have seen the
plans for the baseball field and the gym, but where is the soccer field
going to be located?
3. Rev. Jacobsen told us that the "playground" was for church
"kids." At the April 26th meeting we heard otherwise. The
Reverend and a PEFC board member stated that the new
facilities were going to be for, "kids, young kids, or adults."
The age of these league players is very broad. Will this facility
be for children only? And if so, children to what age?
4. On page 4 of the Agenda Report (#3, last paragraph) it states,
"Conditions of the project prohibit the use of night time
lighting of the athletic field and the use of public address
systems." Is it possible to amend that statement and add, "the
use of gny public address sytem - permanent or temporary." ?
5. Page 5, #6, paragraph 4 of Agenda Report regards the impact
to wildlife. It says, "several pines trees may have to be
removed." How many trees will be removed, and which ones?
6. Page 5, #6, paragraph 5 says that, "resident deer are located
in the area and may frequent the site." Will the baseball field
be fertilized by something non-toxic to area wildlife?
7. Under the "Actions For Consideration" on page 6, "staff
recommends that the Board of Supervisors... I.) Deny the appeal
by the nearby landowners based upon the following finding:
A: Conditions of project approval will ensure that the project
does not create any significant impacts to the neighborhood."
If this project were what Rev. Jacobsen had originally stated to
the surrounding neighborhood, there most certainly would be no
"significant impact." But do the church board members, and the
Butte County Board of Supervisors really believe that there will
be no impact to us? How would any of you/them feel if this
were happening literally in your backyard?
8. Page 8, article A, paragraph 1 states, "The proposed use 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
property." Also in Article A, #4, it says "the project will not
create significant aesthetic impact because the proposed
improvements will not be easily seen from a public road."
The closest neighbors to the project are very concerned about
lowered property value, nearby wildlife, and the destruction of
the surrounding views.
9. The R.V. Park directly across from the church on Pentz Road has
had major noise levels, especially on weekend nights. Screaming and
yelling and general partying noise can be heard at least up to Malibu
Drive. Will the restrooms the church proposes be locked every day
after dark? Will there be security of some kind, or will the police
patrol the area at night on a regular basis? What happens if
vandalism or other criminal activities do begin occurring?
I am extremely concerned to see that the Planning Commision cares
nothing for the concerns of homeowners, and only for development.
•
Can the approval of the permit be postponed until the questions of
those concerned be ironed out to everyone's satisfaction, and not just
the church?
Thank you for your consideration in this matter.
Sincerely,
Beth Knappenberger
4964 Malibu Dr.
Paradise, CA 95969
u
Good morning Mr. Chairman and Board of Supervisors.
This project is an appeal of a Planning Commission approval of a Use
Permit for the Paradise Evangelical Free Church to allow an athletic
field, a 500 square'foot restroom located adjacent to the athletic
field, and a 6,000 square foot gymnasium. The gymnasium will also
serve as Sunday school rooms.
On April 26, 2001, the Planning Commission held a public hearing on this
Use Permit. Several people spoke in opposition to the project, stating
that the project would create significant amounts of noise and vehicle
traffic, cause criminal activity, cause baseballs to land in the adjacent
properties, and interfere with wildlife movements.
The Planning Commission voted 5-0 to approve the project.'
rojec .' The
Commission added a condition prohibiting the use of public address
systems and limiting activity on the athletic field to daylight hours
(Condition # 6). The agenda report and the minutes of the April 26
Planning Commission hearing on the project were included in the Board
packet for this appeal hearing.
Two appeals have f iled on this project. The first appeal is by a nearby
landowner, who spoke in opposition to the project at the Planning
Commission hearing. At the Commission hearing, she submitted
documents protesting approval of the Use Permit. A petition signed by
landowners in the area who opposed the project was cilso submitted., at
that time. A copy of her appeal letter and copies of the documents she
submitted to the Commission were included in fhe Board packet.
The second appeal was f iled by the church's pastor. He objects to .
Public Work's Condition # 9, which requires the applicant to either
install left turn pockets on Pentz Road at Safari Lane, or provide an
estimate and analysis, prepared by a registered engineer, of traffic
generation and turning movements for vehicle traffic generated by the
project. If the analysis showed that the project would not cause an
impact to vehicle circulation, installation of the Left turn pockets would
not be required. Conversely, if the analysis showed that left tern'
pockets or other road improvements were necessary-, the applicant
would be required to construct them.
The project applicant states in his appeal letter that the Public Works
Department had not done an analysis of the impact that the project
wwould have on traffic flow and .that the Public Works Department has
not submitted any data to show that the left turn pockets are
necessary. According to the applicant, 99% of the traff is generated
by people using the proposed facilities will come from the north of the
site -and make a right turn onto Safari Lane. The left turn pockets
would not be necessary because vehicle traffic generated: by the
project would not use them.
Due to the appeal, the Public Works Department re -reviewed Condition
# 9 and determined that the condition provides the greatest flexibility
for the church to either install the left turn pockets or provide an
Engineer's report and install the necessary facilities. The Public
Works Department noted that because the details of .the traffic
patterns in the area have not been throughly investigated, the only
other alternative they would recommend would be a focused
Environmental Impact Report that addresses traff is impacts. A copy
of the Public Works memorandum was included in the Board packet-
Staff recommends that the Board deny both' appeals and approve the
Use Permit with the findings and conditions as approved by the,Planning
Commission. Alternate actions for upholding the appeal by the
applicant, which would remove the Public Works condition requiring the
installation of left turn pockets or the analysis, have been prepared.
Upholding the appeal by the applicant would need.to include an action
denying the appeal by Beth and Jo Ann Knappenberger. This was
inadvertently left out of the alternate action.
This concludes my presentation. I can answer any questions you may
have.
Thank you.
s' ��trafrap� Rowan jVv� �
To: Butte County Board of Supervisors and Planning Commission
From: Concerning citizens in and around Unique Acres, Paradise, CA
Re: Evangelical Free Church of Paradise, 5095 Pentz Road
Proposal for building and usage of church property
Date: April 25, 2001
The residents who do live in the affected area have spent a -eat deal of
research, time, effort and money to build or buy their homes and live in a unique
setting. They do not want their quality of life jeopardized in any way.
Apparently, none of the members of the church's congregation live in Unique
Acres, and their standard of living is not suffering a questionable fate. Until this
time, the Evangelical Free Church of Paradise has seemed to be mostly a "good
neighbor." However, this plan is not at all neighborly.
What the church proposes is not conducive to the quality of homes in the area.
It is not conducive to value of the homes. It is not conducive to the peaceful,.
safe setting for people or wildlife. It is not conducive to the natural setting. It is
not conducive to the reasons that residents chose this area in which to live. Had
anyone known of the church's expansion plans, many would not have chosen
this area. In fact, several are already considering the possibility of moving away.
This also impacts Butte County, too, in the terms of income. If the properties
are de -valued by the proposed building and the subsequent activities, then
future tax revenues could be diminished considerably.
Since the project seems to be so .much greater than the original verbal proposal,
it might be best to reject the plan entirely and let the church review its goals and
find a more spiritual way to attract new members.
Another idea would be table the proposal until a survey could be sent to the
entire southern portion of Paradise, since the noise would reach much farther
than originally imaged. The traffic problem would extend an even greater
distance. A study should also include numbers -of users of the proposed facilities
and what impact that would have. The police, fire, and emergency aid providers,
as well as the hospital and immediate care facilities need to be surveyed as to
how capable they are to handle additional injuries. Of course, the time it takes
to_accomplish this research gives Unique Acres more time to organize an even
larger opposition to any new proposal, which the residents seem fully prepared
to do. 'It also is not pleasant to consider the cost to the county to accomplish
this task.
•
Memo to Butte County officials, page 2
The people listed below have voiced concerns about the proposal to build what
amounts to a "sports complex." In addition to the names and signatures
attached, there are an even greater number (see tally sheet), that were
contacted and signatures could not be obtained in time. There were also a
number of people who could not even be contacted in time. Some concerned
residents had previous engagements or work that kept them from being in
attendance at the hearing.
We ask that you decide in favor of your'tax paying citizens and do not allow this
misguided use of an area so close to a special and unique residential area.
Thank you for your consideration in this matter.
HISTORY REGARDING
PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
February, 2001 Reverend Igmar Jacobsen contacted several homes and businesses
adjacent and/or near the church property, stating the hope to build a
playground for the congregation and lower Paradise community
children on presently unused church property. Rev. Jacobsen
gave the impression "a playground" would be something like a
sandlot, jungle gym, and play equipment.
It sounded like a simple project involving a minimum amount of
inconvenience during construction to grade the ground and install
equipment. It seemed that the natural setting around the area
would not be disturbed. He made it seem as if there would be'a
relatively small amount of noise when the project was completed.
Each person who listened to his proposal. felt that this project would
be for the benefit ofoY ung children accompanied and supervised by
adults.
March Notice of Public Hearing was sent from Butte County.
The summary sheet did not resemble the above-mentioned
conversation with Rev. Jacobsen at all:
The present plan is far larger, more extensive, and is questionable as
to how many age groups itis meant to service (Le., grade school
youth, teenagers, college/young adults, and/or adult teams). It
creates a much more adverse impact in any of its forms than the
originally mentioned playground.
April 21 - 23 Charles (Karoly) Kasza, the developer of Unique Acres, approached,
Several neighbors most directly affected by the church's proposal
with a map of the project.
April 24 — 25 Neighbors in Unique Acres and several along Pentz Road contacted,
each other, made plans to send letters of protest and/or attend the
hearing, gather data, and list concerns and reasonable objections to
present at the hearing.
Only one business owner of an RV park across the street from the
church apparently had no objections, thinking more people in the
area might increase his income and has sent a letter of approval.
History of Proposed Usage of Property at 5095 Pentz Road, page 2
Some residents were unavailable for comment (see attached tally).
Several residents diligently tried to consider possible adjustments n
the plan. Three of those residents have a letter to submit to the
hearing (see letter from Dale & Judy Simpson and Minnie Coolidge".
However, .in contacting nearly 75% of the residents in Unique Acre3
and several on either side of the church on Pentz Road, it is the
general consensus that the plan is not conducive to the area's
lifestyle and should be rejected by Butte County officials (see list of
concerns and objections)..
CONCERNS AND OBJECTIONS
TO PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
1. It is not a simple playground for neighborhood children, as originally stated to
several people by the minister*.
2. Instead it includes a gymnasium, public restrooms, soccer field, and baseball ball
field, presumably for the use of the congregation and its affiliates.
3: The ball field plan shows that it would come within 10 feet of several homes which is
far too close for these types of activities and the ensuing noise levels.
4.. Even though the visiting teams for these sports might be church -affiliated, not
always does every participant care about the church teachings. They are often more
intent on the activity of the sport. A few of these people (or their drivers) could
target our area for a variety of crimes.
5. These facilities would certainly attract more vehicles, people and noise, greatly.
reducing the serenity the properties in Unique Acres and along Pentz Road, which is
unacceptable to the majority of residents.
6. The town of Paradise is lacking in soccer fields and would most certainly approach the
church to rent field time. While rental fees might enhance the church's income, there
is no telling how much of each weekday afternoon or weekend hours would have
excessive noise levels and increased traffic problems. Our area would be even more
impacted if the baseball/softball field were -also rented to other groups. That would
lengthen the season of activities and level of noise, and would be unacceptable to
area residents. If both playing fields were in use for youth sports and adult sports,
the racket and amount of vehicles could conceivably be non-stop.
7. The traffic at Pentz Road and Pearson during peak hours is already near capacity.
The addition of what appears to be a "Sports Complex" could lead to much greater
traffic problems, impacting an even greater area than just the homes surrounding the
church property.
8. At present there seem to be no plans for lighting, public address systems or snack
stands. However, these additions will more than likely be requested as soon as
usage/rental time becomes needed. That is completely unacceptable for all
properties neighboring the church. Already there is a problem with lighting that is nct
always turned off after night meetings at the church.
Concerns and Objections Re: Usage of 5095 Pentz Road, page 2
9. It would potentially require the removal of a number of trees and/or shrubs ruining
the natural setting that attracted the present residents. That would also be
unacceptable.
10. The property involved has been a natural refuge for a number of deer, birds and
other wildlife. Unique Acres residents feel that is part of what makes the area
unique and would like it to remain that way.
11. Residents in Unique Acres and adjacent areas built or purchased homes for several
reasons:
• Lovely, quality homes of larger than average size with varied acreage n
a wooded area that doesn't compromise fire safety.
• Serene and safe neighborhood with a low crime rate.
• Natural setting which includes the free passage of deer and plenty of
birds (that might vacate with all the noise).
• An expectation that any improvements in the will enhance, not reduce,
property values.
12. If these plans are allowed to proceed,. there is grave concern by the vast majority cf
residents that the.close proximity, noise levels, traffic, reduced natural setting, and
potential crime will greatly reduce the present high quality of life. Also, it will
adversely affect future re -sale value of homes and/or property.
* NOTE: Rev. and Mrs. Jacobsen have been living in Malibu Estates at the corner of
Pentz Road and Malibu Drive (across from Unique Acres). All of these
possible conditions would have affected their personal lifestyle too. However,
he is retiring and their house is being sold.
Re: Property development adjacent
to Evangelical Free Church at
5095 Pentz Road, just outside the town limits of Paradise, in
Butte County
In Unique Acres:
# of homes contacted:
11
# of adults:
21
# of children:
5
# of homes left message:
3
# of adults:
(unavailable)
# of children:
(unavailable)
# of homes not contacted:
9
# of people:
(unavailable)
# of children:
(unavailable)
On Pentz Road (below Unique Acres):
# of homes contacted:
4
# of adults:
5
# of children:
(unavailable)
# of homes not contacted:
?
# of adults:
(unavailable)
# of children:
(unavailable)
On Pentz Road (above Unique Acres):
# of homes contacted:
1.
# of adults:
1 + ?
USE PERMIT
---------------------------
BUTTE COUNTY HOARD OF SUPERVISORS --
DATES (Registered Mail Rec.)
----65=60--------------------
PERMIT NO.
----AP_5_5_-22$=?}--------------
ASSESSOR'S PARCEL NO.
Pursuant to.the provisions of the Zoning Ordinance of the Cdunty of
Butte and the special conditions set forth below: Paradise Evangelical
Free Church is hereby granted a Use Permit in accordance with
application filed: 3/26/e5 to allow a church and facilities on the west
aide of Pentz Road at Arden Way, south of Paradise.
1. Failure to comply with the conditions specified herein as the basis
for approval of application and issuance of Permit, constitutes
cause for the revocation of said permit in accordance with the
procedures set forth in the Butte County Zoning Enabling Ordinance.
2. Unless otherwise provided for in a condition to a use permit, all
conditions must be completed by the permittee within 12 months of
the delivery of the.countersigned permit to the permittee.
3. If any use for which a use permit has been granted is not
established within one year of the date of receipt of the
countersigned permit by the permittee, the permit shall become null
and void and reapplication shall be required to establish the use.
SPECIFIL CONDITIONS$
1. Obtain encroachment permits from Public Works.
2. Install a standard S-18 public road approach at each access point to
the property.
3. Submit estimate of traffic generation and turning movements prepared
by registered engineer to Public Works for review and comments.
4. Provide a permanent solution for drainage. Submit construction and
.drainage plans to Department of Public Works for approval and
install the required facilities.
5. Prior to issuance of building permits, the BLM on AP 55-29-21
approved 11/24/80 shall be finalized as conditioned; or,
alternatively, that an easement for the proposed ingress, egress,
and parking improvements be obtained from the record title owner.
n
0
0
6. Meet the requirements of CDF, including but not limited to,
installation of one fire hydrant.
7. Provide sewage disposal under permit and inspection by Butte County
Environmental Health.
e. All escavated soils to be deposited as noted on the site plan,
terraced and planted with ground cover to minimize erosion.
9. Submit grading plan to Public Works for approval.
10: Applicant must also comply with all other applicable State and local
statutes, ordinances, and regulations.
I hereby declare under penalty of perjury that 1 have read the
foregoing conditions, that they are in fact the conditions which were
imposed upon the granting of this use permit, and that 1 agree to abide
fully by said conditions.
Dated: /��_
AP I'
--
-=------------------------------------ ..
NOTE: Issuance of this Use Permit'does not waive requirement of
obtaining Building and Health Department permits before starting
construction, nor does it wa• a any o er requirements.
91a irman of Board of Supervisors
CC: Department of Public Works (2)
Health Department
Fire Department
r
N
2pmJ� Q`
To: Butte County Board of Supervisors and Planning Commission
From: Concerning citizens in and around Unique Acres, Paradise, CA Al I(e) �Q°!
Re: Evangelical Free Church of Paradise, 5095 Pentz Road
Proposal for building and usage of church property
Date: April 25, 2001
The residents who do live in the affected area have spent a great deal of
research, time, effort and money to build or buy their homes and live in a unique
setting. They do not want their quality of life jeopardized in any way.
Apparently, none of the members of the church's congregation live in Unique
Acres, and their standard of living is not suffering a questionable fate. Until this
time, the Evangelical Free Church of Paradise has seemed to be mostly a "good .
neighbor." However, this plan, is not at all neighborly.
What the church proposes is not conducive to the quality of homes in. the area.
It is not conducive to value of the homes. It is not conducive to the peaceful,
safe setting for people or wildlife. It is not conducive to the natural setting. It is
not conducive to the reasons that residents chose this area in which to live. Had
anyone known of the church's expansion plans, many would not have chosen
this area. In fact, several are already considering the possibility 4 moving away.
This also impacts Butte County, too, in the terms of income. If the properties
are de -valued by the proposed building and the subsequent activities, then
future tax revenues could be diminished considerably.
Since the project seems to be so much greater than the original verbal proposal,
it might be best to reject the plan entirely and let the church review its goals and
find a more spiritual way to attract new members.
Another.idea would be table the proposal until a survey could be sent to the
entire southern portion of Paradise, since the noise would reach much farther
than originally imaged. The traffic problem would extend an even greater
distance. A study should also include numbers.of users of the proposed facilities
and what impact that would have. The police, fire, and emergency aid providers,
as well as the hospital and immediate care facilities need to be surveyed as to
how capable they are to handle additional injuries. Of course, the time it takes
to accomplish this research gives Unique Acres more time to organize an even
larger opposition to any new proposal, which the residents seem fully prepared
to do. 'It also is not pleasant to consider the.cost to the county to accomplish
this task.
Memo to Butte County officials, page 2
The people listed below have voiced concerns about the proposal to build what
amounts to a "sports complex." In addition to the names and signatures
attached, there are an even greater number (see tally sheet), that were
contacted and signatures could not be obtained in time. There were also a
number of people who could not even be contacted in time. Some concerned
residents had previous engagements or work that kept them from being in
attendance at the hearing.
We ask that you decide in favor of your tax paying citizens and do not allow this
misguided. use of an area so close to a special and unique residential area.
Thank you for your consideration in this matter.
M
HISTORY REGARDING
PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095, PENTZ ROAD
February, '2001 Reverend Igmar Jacobsen contacted several homes and businesses
adjacent and/or near the church property, stating the hope to build a
playground for the congregation and lower Paradise community
children on presently unused church property. Rev. Jacobsen
gave the impression "a playground" would be something like a
sandlot, jungle gym, and play equipment.
It sounded like a simple project involving a minimum amount of
inconvenience during construction to grade the ground and install
equipment. It seemed that the natural setting around the area
would not be disturbed. He made it seem as if there would be a
relatively small amount of noise when the project was completed.
Each person who listened to his proposal felt that this project would
be for the benefit ofoY una .children accompanied and supervised by
adults.
March Notice of Public,Hearing was sent from Butte County. -
The summary sheet did not resemble the above-mentioned
conversation with Rev. Jacobsen at all.
The present plan is far larger, more extensive, and is questionable as
to how many age groups it is meant to service (i.e., grade school
youth, teenagers,. college/young adults, and/or adult teams). It
creates a much more adverse impact in any of its forms than the
originally mentioned playground.
April 21 - 23 Charles (Karoly) Kasza, the developer of Unique Acres, approached
Several neighbors most directly affected byrthe church's proposal
with a map of the project.
April 24 — 25 Neighbors in Unique Acres and several along Pentz Road contacted
each other, made plans to send letters of protest and/or attend the
hearing, gather data, and list concerns and reasonable objections to
present at the hearing.
Only one business owner of an RV park across the street from the
church apparently had no objections, thinking more people in the
area might increase his income and has sent a letter of approval.
. M M
History of Proposed Usage of Property at 5095 Pentz Road, page 2
Some residents were unavailable for comment (see attached tally).
Several residents diligently tried to consider possible adjustments to
the plan. Three of those residents have a letter to submit to the
hearing (see letter from Dale & Judy Simpson and Minnie Coolidge).
However, in contacting nearly 75% of the residents in Unique Acres
and several on either side of the church on Pentz Road, it is the
general consensus that the plan is not conducive to the area's
lifestyle and should be rejected by Butte County officials (see list of
concerns and objections)..
c
. CONCERNS AND OBJECTIONS
TO PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD.
1. It is not a simple playground for neighborhood children, as originally stated to
several people by the minister*.
2. Instead it includes a gymnasium, public restrooms, soccer field, and baseball ball
field, presumably for the use of the congregation and its affiliates.
3. The ball field plan shows that it would come within 10 feet of several homes which is
far too close for these types of activities and the ensuing noise levels.
4. Even though the visiting teams for these sports might be church -affiliated, not
always does every participant care_about the church. teachings. They are often more
intent on the activity of the sport. A few of these people (or their drivers) could
target our area for a variety of crimes.
5. These facilities would certainly attract -more :vehicles, people and noise, greatly
reducing the serenity the properties -,.in Unique Acres and along Pentz Road, which is,
.unacceptable to the majority of residents.
6. The town of Paradise is lacking in soccer fields and would most certainly approach the
.:church..to.rent field time. ;While rental.fees.might. enhance the.church's income, there
is no telling how much of each weekday afternoon or weekend hours would have
excessive noise levels and increased traffic problems. Our area would be even morE
impacted if the baseball/softball field were also rented to other groups. That would
lengthen the season of activities and level of noise, and would be unacceptable to .
area residents. If both playing fields were in use for youth sports and adult sports,
the racket and amount of vehicles could conceivably be non-stop.
7. The traffic at Pentz Road and Pearson during peak hours is already near capacity.
The addition of what appears to be a "Sports Complex" could lead to much greater
traffic problems, impacting an even greater area than just the homes surrounding the
church property.
8. At present there seem to be no plans for lighting, public address systems or snack
stands. However, these additions will more than likely be requested as soon as
usage/rental time becomes needed. That is completely unacceptable for all
properties neighboring the church. Already there is a problem with lighting that is not
always turned off after night meetings at the church.
^� r
Concerns and Objections Re: Usage of 5095 Pentz Road, page 2
9. It would potentially require the removal of a number of trees and/or shrubs ruining
the natural setting that attracted the present residents. That would also be
unacceptable.
10. The property involved has been a natural refuge for a number of deer, birds and
other wildlife. Unique Acres residents feel that is part of what makes the area
unique and would like it to remain that way.
11. Residents in Unique Acres and adjacent areas built or purchased homes'for several
reasons:
• Lovely, quality homes of larger than average size with varied acreage in
a wooded area that doesn't compromise fire safety.
• Serene and safe neighborhood with a low crime rate.
• Natural setting which includes the free passage of deer and plenty of
birds (that might vacate with all the noise).
• An expectation that, -,.any improvements in the will enhance, -not reduce.
property values.
12. If these plans are allowed to proceed, there is'grave concern by the vast majority of
residents..that the_ close.proximity.,_noise levels, .traffic,; reduced .natural setting, and
potential crime will greatly reduce the present high quality of life. Also, it will
adversely affect future re -sale value of homes and/or property.
* NOTE: Rev. and Mrs. Jacobsen have been living in Malibu Estates at the corner of
Pentz Road and Malibu Drive (across from Unique Acres). All of these
possible conditions would have affected their personal lifestyle too. However,
he is retiring and their house is being sold.
Re: Property development adjacent
to Evangelical Free Church at
5095 Pentz Road, just outside the town limits of Paradise, in
Butte County
In Unique Acres:
# of homes contacted:
11
# of adults:
21
# of children:
5
# of homes left message:
3
# of adults:
(unavailable)
# of,.children:
(unavailable)
# of homes not contacted:
9
# of people:
(unavailable)
# of children:
(unavailable)
On Pentz-Road (below Unique Acres):
# of homes contacted:
4
# of adults:
5
# of children:
(unavailable)
# of homes not contacted:
?
# of adults:
(unavailable)
# of children:
(unavailable)
On Pentz Road (above Uniaue Acres):
# of homes contacted:
1
# of adults:
1 + ?
t
` HISTORY REGARDING
PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
February, 2001 Reverend Igmar Jacobsen contacted several homes and businesses
adjacent and/or near the church property, stating the hope to build a
playground for the congregation and lower Paradise community
children on presently unused church property. Rev. Jacobsen
gave the impression "a playground" would be something like a
sandlot, jungle gym, and play equipment.
It sounded like a simple project involving a minimum amount of
inconvenience during construction to grade the ground and install
equipment. It seemed that the natural setting around the area .
would not be disturbed. He made it seem as if there would be a
relatively small amount of noise when the project was completed.
Each person who listened to his proposal felt that this project would
be for the benefit ofoY una children accompanied and supervised by
adults.
March Notice of Public Hearing was sent from Butte County.
The summary sheet did not resemble the above-mentioned
conversation with Rev. Jacobsen at all.
The present plan is far larger, more extensive, and is questionable as
to how many age groups it is meant to service (i.e., grade school
youth, teenagers, college/young adults, and/or adult teams). , It
creates a much more adverse impact in any of its forms than the
originally mentioned playground.
April 21 - 23 Charles (Karoly) Kasza, the developer of Unique Acres, approached
Several neighbors most directly affected by the church's proposal
with a map of the project.
April 24 — 25 Neighbors in Unique Acres and several along Pentz Road contacted
each other, made plans to send letters of protest and/or attend the
hearing, gather data, and list concerns and reasonable objections to
present at the hearing.
Only one business owner of an RV park across the street from the
church apparently had no objections, thinking more people in the
area might increase his income and has sent a letter of approval.
History of Proposed Usage of Property at 5095 Pentz Road, page 2
Some residents were unavailable for comment (see attached tally).
Several residents diligently tried to consider possible adjustments to
the plan. Three of those residents have a letter to submit to the
hearing (see letter from Dale & Judy Simpson and Minnie Coolidge).
However, in contacting nearly 75% of the residents in Unique Acres
and several on either side of the church on Pentz Road, it is the
general consensus that the plan is not conducive to the area's
lifestyle and should be rejected by Butte County officials (see list of
concems and objections).
CONCERNS AND OBJECTIONS
TO PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
-It is not a simple playground for neighborhood children, as originally stated to
several people by the minister*.
2. Instead it includes a gymnasium, public restrooms, soccer field, and baseball ball
field, presumably for the use of the congregation and its affiliates.
3. The ball field plan shows that it would come within 10 feet of several homes which is
far too close for these types of activities and the ensuing noise levels.
4. Even though the visiting teams for these sports might be church -affiliated; not
always does every participant care about the church teachings. They are often more
intent on the activity of the sport. A few of these people (or their drivers) could
,target our area for a variety of crimes.
5. These facilities would certainly attract more vehicles, people and noise, greatly
reducing the serenity the properties in Unique Acres and along Pentz Road, which is
unacceptable to the majority of residents.
6. The town of Paradise is lacking in soccer fields and would most certainly approach the
church to rent field time. While rental fees might enhance the church's income, these
is no telling how much of each weekday afternoon or weekend hours would have
excessive noise levels and increased traffic problems. Our area would be even more
impacted if the baseball/softball field were also rented to other groups. That would
lengthen the season of activities.and level of noise, and would be unacceptable to
area residents. If both playing fields were in use for youth sports and adult sports,
the racket and amount of vehicles could conceivably be non-stop.
7. The traffic at Pentz Road and Pearson during peak hours is already near capacity.
The addition of what appears to be a "Sports Complex" could lead to much greater
traffic problems, impacting an even greater area than just the homes surrounding the
church property.
8. At present there seem to be no plans for lighting, public address systems or snack
stands. However, these additions will more than likely be requested as soon as
usage/rental time becomes needed. That is completely unacceptable for all
properties neighboring the church. Already there is a problem with lighting that is not
always turned off after night meetings at the church.
Concerns and Objections Re: Usage of 5095 Pentz Road, page 2
9. It would potentially require the removal of a number of trees and/or shrubs ruining
the natural setting that attracted the present residents. That would also be
unacceptable.
10. The property involved has been a natural refuge for a number of deer, birds and
other wildlife. Unique Acres residents feel that is part of what makes the area
.unique and would like it to remain that way.
11. Residents in Unique Acres and adjacent areas built or purchased homes for several
reasons:
• Lovely, quality homes of larger than average size with varied acreage in
a wooded area that doesn't compromise fire safety.
• Serene and safe neighborhood with a low crime rate.
• Natural setting which includes the free passage of deer and plenty of
birds (that might vacate with all the noise).
• An expectation that any improvements in the will enhance, not reduce,
property values.
12. If these plans are allowed to proceed, there is grave concern by the vast majority of
residents that the close proximity, noise levels, traffic, reduced natural setting, and
potential crime will greatly reduce the present high quality of life. Also, it will
adversely affect future re -sale value of homes and/or property.
* NOTE: Rev. and Mrs. Jacobsen have been living in Malibu Estates at the. corner of
Pentz Road and Malibu Drive (across from Unique Acres). All of these
possible conditions would have affected their personal lifestyle too. However,
he is retiring and their house is being sold.
Re: Property development adjacent to Evangelical Free Church ait
5095 Pentz Road, just outside the town limits of Paradise, in
Butte County
In Uniaue Acres:
# of homes. contacted:
11
# of adults:
21
# of children:
5
# of homes left message:
3
# of adults:
(unavailable)
# of children:
(unavailable)
# of homes not contacted:
9
# of people:
(unavailable)
# of children:
(unavailable)
1
On Pentz Road (below Unique Acres):
# of homes contacted:
4
# of adults:
5
# of children:
(unavailable)
# of homes not contacted:
?
# of adults:
(unavailable)
# of children:
(unavailable)
On Pentz Road (above Uniaue Acres):
# of homes contacted:
1
# of adults:
1 + ?
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1VIay 23, 2001
Paradise Evangelical Free Church
5095 Pentz Road
Paradise, CA 95969
Re: Use Permit, AP 055-290-083
Gentlemen:
w: _ uife CO
LAND OF NATURAL WEALTH AND BEAUTY
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 9596.E-3397
TELEPHONE: (530) 538-7601
FAX: (530)538-7785
At the regular meeting of the Butte County Board of Supervisors held May 22, 2001, the appeal of the
Planning Commission's approval of a Use Permit to allow Use Permit to allow an athletic field (baseball,
soccer, etc.) with lighting and restrooms, and for a 6,000 sq. ft. gymnasium with restroom and shower
facilities. The gymnasium will also serve as Sunday school rooms was denied and the Use Permit
approved.
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.
Enclosed are two copies of your Use Permit. Please sign both copies of the Use Permit and return
them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the
appeal period. Both signed copies must be received, by this Division, within forty (40) days from
approval of the permit by the Planning Commission.
The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter
signature of the Chairman of the Planning Commission, and'said permit is received by the applicant by
certified mail.
Pursuant to Section 66020 (d) (2) of the Government Code you are hereby noted that you have 90 days
to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of
approval for this project.
Should you have any questions regarding this matter, please contact Stephen Betts at this office between
8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Lynn Richardson
Administrative Support
Service Assistant
Ar
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MEMBERS 0► 111E BOAR!,
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September 18, 1985 ;
Paradise Evangelical Free Church
P.O. Box 1106
Paradise, Ca. 95969
Re: Use Permit, AP 55-29-21
Gentlemen:
At the regular meeting of the Butte County:Board of Supervisors held
September 17, 1985, your request for a Use Permit to allow a church and
facilities on the west side of Pentz Road at Arden Way, south, of
Paradise, was approved subject to the following conditions:
1. Obtain encroachment permits from Public Works.
2. Install a standard S-18 public road approach at each access point
to the property.
3. Submit estimate of traffic generation and turning movements prepared
by registered engineer to Public Works forreview and comments.
4. Provide a permanent solution for drainage. Submit construction
and drainage plans to Department of Public Works for approval
and install the required facilities.
5. Prior to issuance of building permits. the BLM on AP 55-29-21
approved 11/24/80 shall be finalized as conditioned; or, alternatively,
that an easement for the proposed ingress, egress and parking
improvements be obtained from the record title owner.
6. Meet the requirements of CDF, including but not limited to, installation
of one fire hydrant.
7. Provide sewage disposal under permit and inspection by Butte County
Environmental Health.
8. All excavated soils to be deposited as noted on the site plan,
terraced and planted with ground cover to minimize erosion.
0 •
Paradise Evangelical Free Church t
Page -2
September 18. 1985
9. Submit grading plan to Public Works for approval. iE
i`
10. Applicant must also comply with all other applicable Slate and
local statutes, ordinances, and regulations.
Your Use Permit will be issued after the official approval of the
minutes of the Board of Supervisors for September 17, 1985.
Should you have any questions regarding this matter. please contact
the Planning Department between the hours of 10:00 a.m. and 3:00 p.m.
Sincerely.
Martin J. Nichols
Chief Administrative Officer
MJN:lr
INTER -DEPARTMENTAL MEMORANDUM
PUBLIC WORKS DEPARTMENT
o PRT��T
�P��
TO: THE HONORABLE BOARD OF SUPERVISORS
FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION
PUBLIC WORKS
SUBJECT: PARADISE EVANGELICAL FREE CHURCH APPEAL
AP 055-029-083, UP 01-15
DATE: MAY 8, 2001
We have re -reviewed the proposed Public Works Condition 9 and determined that it provides the
greatest flexibility for the Church to either install the left turn pockets or provide an Engineer's
report and install the necessary facilities. Since the details of the traffic patterns in the area have
not been thoroughly investigated at this point the only other alternative we would be able to
recommend would be a focused EIR, which addresses traffic impacts.
cc: Mike Crump, Director of Public Works (File 300)
INTER -DEPARTMENTAL MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
To: Stu Edell, Land'Development Division
From: Steve Betts -'C7
Subject: Use Permit for the Paradise Evangelical Free Church, APN 055-290-083
Date: May 2, 2001
This project was approved by the Planning Commission on April 26, 2001.. The applicant
.subsequently appealed that decision to the Board of Supervisors due to Public Works condition #
9, which required either the construction of a left turn pocket, or an analysis to determine if a left
turn pocket or other road improvements were necessary. A nearby landowner also appealed the
Commission's approval of the project.
If you would like to respond to the applicant's reason for appeal, please do so immediately. The
appeal hearing has been scheduled for May. 22, which requires that the Board packet be completed
by next Tuesday, although we are trying to get it finished this Friday before Lynn goes on vacation.
A copy of the applicant's appeal letter is attached, along with the draft minutes of the Planning
Commission meeting, which includes the conditions of project approval.
JOARO OF SUPERVISORS . •
APR 3 0 2001 ,6 6
OROMLLE, CALIFORNIA
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PERSONS CONTACTED REGARDING
BUILDING PROPOSAL BY
EVANGELICAL FREE CHURCH
1.
Mrs. JoAnn Knappenberger
4964 Malibu Drive
2.
Ms. Beth Knappenberger
"SD
4964 Malibu Drive
qk 3.
Mr. Ken Scott -
4965 Malibu Drive
4.
Mrs. Marianne Scott
4965 Malibu Drive
5.
Mrs. Minnie Coolidge
see attached si ned le er
4946 Malibu Drive
6 &
7. Mr. & Mrs. Dale Simpson
see attached signed letter
4940 Malibu Drive
8.
Mr. Bob Arkenberg
4878 Malibu Drive
9.
Mrs. B.J. Arkenberg
4878 Malibu_ .Drive
10.
Mr. D. L. Varney
4887 Malibu Drive,
11.
Mrs. Ruth Varney
4887 Malibu Drive
12. Mr. Jack Schilling
5289 Harrison Road
R
Persons Contacted, page 2
13. Mrs. Peggy Schilling
5289 Harrison Road
14. Mr. Jim Nelson
5304 Harrison Road
k 15'.
Mrs. Yrata Nelson
5304 Harrison Road
'
17.
Mr. David Uren
$246 Laguna Court
18.
Mrs. Jean.Uren
5246 Laguna Court
19.
Mrs. Joyce Blythe
5247 Laguna Court
20.
Mr. Tom Doll
5259 Laguna Court
21.
Mrs. Connie Doll
5259 Laguna Court
22.
Mrs. Flo Barnett
5061 Pentz Road
23.
Mr. Dan Barnett
Pentz Road
24.'
Mrs. Janice Barnett
Pentz Road
•
Com.�,Q�e
Persons Contacted, page 3
25. Mr. Dick Duncel
5145 Pentz Road
26. Mrs. Shirley Duncel
5145. Pentz Road
7. 27. Mr. Ralph Ludenbacher
Pentz Road
? 28. . Mrs. Nancy Ludenbacher
Pentz Road
•
29. Mr. Karoly (Charles) ,Kasza
-lama Road
'D� M
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To: Butte County Board of Supervisors and Planning Commission
From: Concerning citizens in and around Unique Acres, Paradise, CA
Re: Evangelical Free Church of Paradise, 5095 Pentz Road
Proposal for building and usage of church property
Date: April 25, 2001
The residents who do live in the affected area have spent a great deal of
research, time, effort and money to build or buy their homes and live in a unique
setting. They do not want their quality of life jeopardized in any way.
Apparently, none of the members of the church's congregation live in Unique
Acres, and their standard of living is not suffering a questionable fate. Until this
time, the Evangelical Free Church of Paradise has seemed to be mostly a "good
neighbor." However, this plan is not at all neighborly.
What the church proposes is not conducive to the quality'of homes in the area.
It is not conducive to value of the homes. It is not conducive to the peaceful,
.safe setting .for -people _or wildlife. It is not conducive to the natural setting. Itis
not conducive to the reasons that residents chose this area in which to live. Had
anyone known of the church's expansion plans, many would not have chosen
this -area. _In fact; _several are already considering the. possibility of moving away.
This also impacts,Butte County, too, in the terms of income. If the properties
are de=valued by the proposed building and the subsequent activities, then
future tax revenues could be diminished considerably.
Since the project seems to be so much greater than the original verbal proposal,
it might be best to reject the plan entirely and let the church review its goals -and
find a more spiritual way to attract new members.
Another idea would be table the proposal until a survey could be sent to the
entire southern portion of Paradise, since the noise would reach much farther
than originally imaged. The traffic problem would extend an even greater
distance. A study should also include numbers of users of the proposed facilities
and what impact that would have. The police, fire, and *emergency aid providers,
as well as the hospital and immediate care facilities need to be surveyed as to
how capable they are to handle additional injuries. Of course, the time it takes
to accomplish this research gives Unique Acres more time to organize an even
larger opposition to any new proposal, which the residents seem fully prepared
to do. It also is not pleasant to consider the cost to the county to accomplish
this task.
n�
Memo to Butte County officials, page 2
The people listed below have voiced concerns about the proposal to build what
amounts to a "sports complex." In addition to the names and signatures
attached, there are an even greater number (see tally sheet), that were
contacted and signatures could not be obtained in time. There were also a
number of people who could not even be contacted in time. Some concerned
residents had previous engagements or work that kept them from being in
attendance at the hearing.
We ask that you decide in favor of your tax paying citizens and do not allow this
misguided use of an area so close to a special and unique residential area.
Thank you for your consideration in this matter.
HISTORY REGARDING
PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
February, 2001 Reverend Igmar Jacobsen contacted several homes and businesses
adjacent and/or near the church property, stating the hope to build a
playground for the congregation and lower Paradise community
children on presently unused church property. Rev. Jacobsen.
gave the impression "a playground" would be something like a
sandlot, jungle gym, and play equipment.
It sounded like a simple project involving p, minimum amount of
inconvenience during construction to grade the ground and install
equipment. It seemed that the natural setting around the area
would not be disturbed. He made it seem as if there would be a
relatively small amount of noise when the'project was completed.
Each -person who listened to his proposal felt that this project would
be for the benefit ofoy una children accompanied and supervised by
adults.
March . Notice of Public Hearing .was�sent.frorn Butte County.
The -summary sheet did not resemble the above-mentioned
conversation with Rev. Jacobsen at all. `
The present plan is far larger, more extensive, and is questionable as
to how many age groups it is meant to service (i.e., grade school
youth, teenagers, college/young adults, and/or adult teams). It
creates a much more adverse impact in any of its forms than the
originally mentioned playground.
April 21 - 23 Charles (Karoly) Kasza, the developer of Unique Acres, .approached
Several neighbors most directly affected by the church's proposal
with a map of the project.
April 24 — 25 Neighbors in Unique Acres and several along P.entz Road contacted
each other, made plans to send letters of protest and/or attend the.
hearing, gather data, and list concerns and reasonable objections to
present at the hearing. '
Only one business owner of an RV park across the street from the
church apparently had no objections, thinking more people in the
area might increase his income and has sent a letter of approval.
History of Proposed Usage of Property at 5095 Pentz Road, page 2
Some residents were .unavailable for comment (see attached tally).
Several residents diligently tried to consider possible adjustments to
the plan. Three of those residents have a letter to submit to the
hearing (see letter from Dale & Judy Simpson and Minnie Coolidge).
However, in contacting nearly 75% of the residents in Unique Acres
and several, on either side of the church on Pentz Road, it is the
general consensus that the plan is not conducive to the area's
lifestyle and should be rejected by Butte County officials (see list of
concerns and objections).
\ Re: Property development adjacent to Evangelical Free Church at;
5095 Pentz Road, just outside the town limits of Paradise, in
Butte County
In Unique Acres:
# of homes contacted:.
11
# of adults:
21
# of children:
5
# of homes left message:
3
# of adults:
(unavailable)
# of children:
(unavailable)
# of homes not contacted:
9
# of people:
: `(unavailable)
# of children:
(unavailable)
,On-Pentz-Road.fbelow:Unigue Acres):
# of homes contacted:
4
r
# of adults:
5
# of children:
(unavailable)
# of homes not contacted:
?
# of adults:
(unavailable)
# of children:
(unavailable) _
On Penitr Road (above Unique Acres):
# of homes contacted:
1
# of adults:
1 + ?
CONCERNS AND OBJECTIONS
TO PROPOSED USAGE OF PROPERTY BELONGING TO
EVANGELICAL FREE CHURCH OF PARADISE
5095 PENTZ ROAD
1. It is not a simple playground for neighborhood children, as originally stated to
several people by the minister*.
2. Instead it includes a gymnasium, public restrooms, soccer field, and baseball ball
field, presumably for the use of the congregation and its affiliates.
3. The ball field plan shows that it would come within 10 feet of several homes which is
far too close for these types of activities and the ensuing noise levels.
4. Even though the visiting teams for these.sports might be church -affiliated, not
always does every participant care about the church teachings. They are often more
--intent on-the'activity of the -sport. 'A few of -these people (or their drivers) could
target our area for a variety of crimes.
5. These facilities would certainly attract more vehicles, people and noise, greatly
reducing the serenity the properties in.Unique Acres,and along Pentz Road, which is
unacceptable to the majority of residents.
6. The town of Paradise is lacking in soccer fields and would most certainly approach the
church ,to rent field time. While rental fees might enhance the church's income, there
is no telling how .much of each weekday afternoon or weekend hours would have
excessive noise levels and increased traffic problems. Our area would .be even more,
impacted if the baseball/softball field were also rented to other groups. That would
lengthen the season of activities and level of noise, and would be unacceptable to
area residents. If both playing fields were in use for youth sports and adult sports,
the racket and amount of vehicles could conceivably be non-stop.
7. The traffic at Pentz Road and Pearson during peak hours is already near capacity.
The addition of what appears to be a "Sports Complex" could lead to much greater
traffic problems, impacting an even greater area than just the homes surrounding the
church property.
8. At present there seem to be no plans for lighting, public address systems or snack
stands. However, these additions will more than likely be requested as soon as
usage/rental time becomes needed.. That is completely unacceptable for all
properties neighboring the church. Already there is a problem with lighting that is not
always turned off after night meetings at the church.
Concerns and ' Objections Re: Usage of 5095 Pentz Road, page 2
9. It would potentially require the removal of a number of .trees and/or shrubs ruining
the natural setting that attracted the present residents. That would also be
unacceptable.
10. The property involved has been a natural refuge for a number of deer, birds -and
other wildlife. Unique Acres residents feel that is part of what makes the area
unique and would like it to remain that way.
11. Residents in Unique Acres and adjacent areas built or purchased homes for several
reasons:
• Lovely, quality homes of larger than average size with varied acreage in
,a wooded area that doesn't compromise fire safety.
• Serene and safe neighborhood with a low crime rate.
• Natural setting which includes the free passage of deer and plenty of
birds (that might vacate with all the noise).
• An expectation that any improvements:in the will enhance,F..not reduce,
property values. .
12. If these plans are allowed to proceed, there is grave concern by the,vast majority.of
residents that. the: close proximity, noise levels, traffic,. reduced natural setting, and
potential crime will greatly reduce the present high quality of life. Also, it will
adversely affect future re -sale value of homes and/or property.
* NOTE: Rev. and Mrs. Jacobsen have been living in Malibu Estates at the corner of
Pentz Road and Malibu Drive (across from Unique Acres). All of these
possible conditions would have affected their personal lifestyle too. However,
he is retiring and their house is being sold.
April 25, 2001
TO WHOM IT MAY CONCERN:
Our rear yard abuts the open area owned by the Evangelical Free Church at 5095 Pentz Road in Paradise.
We are aware of the Church's proposal to develop this open area for purposes of an athletic field. First of
all, I must say, one of the reasons we chose this property was the privacy and quiet serenity of our rear
yard. We would be extremely unhappy. were we to loose this condition. And we would anticipate it would
loose any attractiveness to potential future owners.
We are not completely against any development for this purpose; however, we request consideration for
our situation also. We have no interest in hearing the noise, which would be associated with this type of
activity. Therefore, if it could be mitigated to our satisfaction we would have no objection.
The Church's proposal of a 10 -foot wide corridor is in no manner adequate to quiet the sound from the
playing field. We question if a 30 -foot wide corridor would be at all adequate. We would, in the spirit of
cooperation, be amenable to the development provided a 30 -foot wide corridor is proposed and also that it
is heavily shrubbed and fenced, on the playing field side, to curb the noise.
Sincerely,
Dale & Judy Simpson
4940 Malibu Drive
/P adise, C 95 9
0911 NU
Minnie Coolidge
4948 Malibu Drive
Paradise, CA 95969
past spring run An ecologist's remarks this week rebut suggestions that the chi:..
y not really be wild fish native to that stream.
north state stocks staying pure
bred with salmon from the Oroville Fish Hatchery, which were
planted in Butte Creek a number of years ago.
But Lindley, who works for the National Marine Fisheries
netically quite dif- Service, said DNA te"s- ing on salmon found in various north-
te streams, an ecol- state waters shows the Butte Creek fish are a pure, distinct
population.
is, made from time Apparently, spring -run salmon that are spawned at the
ite up Butte Creek hatchery and those that spawn naturally in Butte, Mill and
ive to that stream.
salmon have inter- See SALMON, 12A
terso�r
x:
evo es.�
44
�.
2�
��
an.c o IS
y.
Forum' p*aCks �cham e
By HEATHER HACKING
Staff Writer
Both sides of the Otteson Drive eztei
debate 'squai&-",off5Thursday?at a fo
hosted by the LU"'" a of Women Voters_
Opponentscahed the, pioject a $2,9
lion gift to a feW busin6ses when oth fr,
jects m town.would. behi t moreresid
Proponents o,ttie road,eztension said
f:
and`a oid gridlock in south Chico.
s ::::The: "Chico City Council Chamber:
rtpacked.
'. The issue of connecting a business j
',..;Otterson Drive with Park Avenue:,v
t See OTTERSON, 7A
CI%��coE-R, ,4pr•�i �.'�; 2.001���,a:4:�..: �`:r
Rid ge chuq"c
is OK
ge
:athletic field
By MATT WALTERSCHEIDT • ` "'=
Staff Writer _
OROVILLE — Even in the face of neigh : -•
borhood protests, there was no need-, for
divine intervention, as the Paradise,Evan
gelical Free Church received approval fora
soccer and. baseball field with adjacent
restrooms.
All it took Thursday was a unanimous `.
vote by the Butte County Planning Commis-.
sion that also allows construction of a 6,000 -
square -foot gymnasium on what is.alr6dy
the site of the congregation's church of ntz
Road and Safari Lane.
However, the gymnasium will not be
built for at least two to five years. .
As neighbors filed an appeal immediately
after the vote, the Rev. Ingmar Jacobsen will
indeed need the support of one higher
power — the Butte County Board -of Super -
0 See FIELD, 7A
square off
via Hegan Lane. Most of the
businesses at the business park
involve heavy traffic by trucks.
According to a report by the Air
Quality Management District,
over a year'that half -mile of ad-
ditional truck traffic could add
10 tons of pollution, he said.
"Who are the real environ-
mentalists?" Kimmelshue
asked.
He said the planned bike
path would encourage workers
to ride their bikes and leave
their cars at home.
One of the questions from the
audience was why couldn't the
city instead widen the Midway
to make traffic less of a hassle in
the area.
Speakers said the Midway is
known to have high levels of
toxins in the soil. If a project was
-undertaken, the 'city would
need to deal with the costly task
of removing those toxins.
E
.0
Friday, April 27, 2007
FIELD' Neighbors air theirconcernpl,
From 1 A in a good Christian manner." , monstrosity."
visors, which could still over-
turn the commission's decision.
But in Thursday's match -up,
not one of the five commission-
ers was swayed by complaints
neighbors fielded.
Claiming'her concerns repre-
sented those of almost 30 other
neighbors ready to sign a peti-
tion, Jo Ann Knappenberger
said, "I'm afraid he Qacobsen)
might rent that space" — even
though the county's permit
explicitly restricts use of the
facilities "to members of the
Paradise Evangelical Free
Church and church leagues."
Saying she held "a ministeri-
al degree" herself, Knappen-
berger stressed she knew that in
religion "expansion is the
game" and this would likely
invite outsiders to join in the
athletic activities. And "these
people sometimes don't behave
She said that in private meet-
ings with individual neighbors,
Jacobsen had described the
scope of the project as much
smaller than what was now pro-
posed.
Richard Dunkel, another
neighbor who owns' a conve-
nience store, said he was con-
cerned what would happen to
his license to sell beer and wine,
given how .many children
would likely be attracted by a
baseball and soccer field.
"I'm a little surprised at their
change in attitude," Jacobsen
responded to neighbors. He sig-
naled willingness "to work with
the neighbors but only to an
extent," explaining that the con-
gregation had no interest "in a
little sandbox."
Other members of the con-
gregation like chairman Richard
Hamilton stressed the project
would not be "some kind of
Ted Biggs assured neighbors:
"The church is not tbiallY'' iii.
;
by a pastor. We're not gpirig' , fes..
be changing - anything 4 Yiat jsr;
presented" — even after ,Jacoj
sen's imminent departure^from;:
the position in Paradise:
Arid what was preserted:
seemed in the eyes ' of co
sioners Fernando Marin bf'Pai-tom
adise and Richard Leland'Jr': of«
Durham a "wonderful"; in"' - t
great, project r z.
Speaking 'to the neiglib}prs:
fears, -Leland added he could`,'
not see athletic activities by chip,'.".
dren "in a supervised context
bring all this crime to the aiea.'ts
Addressing another concern;-+.
Commissioner Michael Mooney -i'-
of Oroville noted that anybody ll
l
able to bat far enoughto get-thpl
ball from the field to the closest;
neighboring residence was sure`
to be "a major leaguer some
day./,
April 5, 2001
To: Responsible and Trustee Agencies
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
Re: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for a Use
Permit for the Paradise Evangelical Free Church, APN 055-290-083, File # UP 01-15
The Butte County Planning Division has completed an Initial Study, in accordance with the
California Environmental Quality Act (CEQA), of potential environmental _consequences anticipated
in connection.with the above-mentioned project, a copy of which is enclosed. This letter serves as
'a Notice of Intent to adopt a Mitigated Negative Declaration to allow responsible and trustee
agencies a 20 -day .review period in accordance with Sections 15072 and 15105 of the CEQA
Guidelines.
'Please review the enclosed` Initial Study and proposed Mitigated Negative Declaration. This review
should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the
above address prior to April 26, 2001.
If you have any questions regarding the enclosed environmental document, please contact this office
between the hours of 8:00 a.m. and 4:00 p.m.
Sincerely,
,Stephen Betts
Senior Planner
cc: Ingmar Jacobsen, Pastor, Paradise Evangelical Free Church
Town of Paradise, Planning Department
Ted Crawford, Butte County Fire Department/CDF
Craig Erickson, Butte County Environmental Health Division
Stu Edell, Butte County Public Works Department, Land Development Division
utte Count
LAND OF NATURAL WEALTH AND E 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
April 19, 2001
Paradise Evangelical Free Church
5095 Pentz Road
Paradise, CA 95969
Re: Use Permit, AP 055-290-083, UP 01-15
Gentlemen:.
Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow an
athletic field (baseball, soccer, etc.) with lighting and restrooms, and for a 6,000 sq. ft. gymnasium
with restroom and shower facilities. The gymnasium will also serve as Sunday school rooms on the
north side of Safari Lane, on the northwest corner of Pentz Road and Safari Lane, at 5095 Pentz
Road, Paradise.. 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 April 26, 2001, 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 Stephen Betts 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 :\wpdocs\pclts\schedule. mrg
0
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT - APRIL 26, 2001
Applicant: Paradise Evangelical Free of Pentz Road and Safari Lane,
Church at 5095 Pentz Road, Paradise.
File #: UP 01-15
Request: Use Permit to allow an athletic
field (baseball, soccer, etc.)
and restrooms, and for a 6,000
square foot gymnasium with
restroom and shower facilities.
G.P.: Low Density Residential
Zoning: AR -1 (Agricultural- _
Residential, 1 -acre minimum
parcel size) and H -C (Highway
Commercial)
APN: 055-290-083
Location: On. the north side of Safari
Lane, on the northwest corner
STAFF COMMENT:
Parcel Size: 19 acres
Zone date: AR -1: April 4, 1998
H -C: February 23, 1982
Project Stephen Betts,
Planner: Senior Planner
Supervisor
District: 4
Attachments:
A.
Conditions of Approval
B.
General Plan/Zoning Map
C.
Vicinity Map
D.
Public Notice Map
E.
Received Letters
F.
Initial Study
G.
Site Plan
Staff recommends approval of the Use Permit with conditions and findings.
PROJECT DESCRIPTION/SITE CHARACTERISTICS:
This is an application for a Use Permit to allow an athletic field, (baseball, soccer, etc.), a 500 square
foot restroom adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom and
shower facilities. The gymnasium will also serve as Sunday school rooms. The project is proposed
to be developed in three phases:
Phase 1 - Construction of the athletic field upon approval of the Use Permit
Phase 2 - Restrooms adjacent to the athletic field (one to two years after approval of the
Use Permit -
Phase 3 - Gymnasium (two to five years after approval of the Use Permit)
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 1 ■
The athletic field will be used for games held by the church congregation and for church league
games. The applicant does not propose to allow non -church leagues (i.e. Paradise Recreation
District) to use the athletic field or gymnasium. The applicant anticipates that the field will be used
for organized games two to three times per week by the church congregation and three to four church
league games per year. No lighting of the athletic field is proposed. Approximately 2.2 acres of the
site will be graded to create level areas for the athletic field, restroom, and gymnasium.
The 19 -acre project parcel is developed with a 13,000 square foot church, parking lots, and a septic
system. The church was permitted on the site by Use Permit 85-60. The site has a driveway on
Pentz Road and a driveway on Safari Lane. The project site sits on the edge of Dry Creek Canyon
and most of the site is undeveloped. Vegetation on the site consists of a mixture of yellow pine and
Black Oak with dense brush along the sides of the canyon. The area where the athletic field and
gymnasium will be located consists of eight yellow pines and grasses. This area gradually slopes
down to the southwest and has a slope of approximately 5 to 10%. No drainages are foundon the
site. A fire hydrant is located on the southeast corner of Pentz Road and Wilderness Way.
The project site is zoned H -C (Highway Commercial) and AR -1 (Agricultural Residential, 1 -acre
minimum parcel size). The H -C zone on the site is located adjacent to Pentz Road and extends from
60 to 100 feet west from the Pentz Road right-of-way. The project site has a General Plan Land Use
designation of Low Density Residential. Surrounding parcels are zoned H -C to the east and AR -1
to the south and west. The parcels located on the north side of the site are located in the Town of
Paradise and are zoned for residential uses. Surrounding parcels range in size from .5 acres to 20
acres. Land uses on surrounding parcels include single family dwellings to the south, west, and
north, a bait and tackle store to the northeast, and mobile home/recreational vehicle parks to the east
(across Pentz Road). The project site is located within the Town of Paradise's Sphere of Influence.
ANALYSIS:
The area where the proposed facilities will be placed is located in the AR -1 portion of the site. The
AR -1 zone requires that a Use Permit be obtained for a quasi -public use. The project site is
designated by the Land Use Element Map of the Butte County General Plan as Low Density
Residential. Quasi -public uses are listed as Secondary Uses in the Low Density Residential
designation.
Noise Impacts
Temporary and single event noise levels will be created during the construction phase. Grading
equipment and construction of the gymnasium will generate the most noise. Vehicles containing
construction workers, equipment, and material will also generate noise as they arrive and depart the
site. The proposed athletic field will be located adjacent to parcels that have residential uses and the
residents on these parcels may be significantly impacted by grading activities. Construction of the
gymnasium will also generate noise that may cause an impact to nearby residents. In order to limit
noise impacts to the nearby residents, a mitigation measure is recommended that limits construction
activity from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 10 a.m. to 6 p.m. Saturday, Sunday,
and holidays.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 2 0
Participants of the games being played on the athletic field, along with spectators, will generate noise
in the form of yelling and cheering. This noise may be heard by the residents to the north of the site.
According to the applicant, the number of games to be played will be very limited, perhaps two
games per week. The games will be played during daylight hours, and then only during good
weather. Use of the playing field will be limited to church members and to church league games.
The applicant estimates that there will only be three to four church league games played per year.
The playing field will not be open to the general public (i.e., Paradise Recreation District). Due to
the low, number of times that the playing field will be utilized no significant noise impacts are
anticipated.
Traffic Circulation Impacts
The project site has a driveway on Pentz Road and on Safari Lane. The site interior road is one-way,
with vehicles entering from Safari Lane and exiting onto Pentz Road. Pentz Road at the site is two
lanes, with no center turning lane. The vehicle speed on Pentz Road at the site is 35 MPH. There
is excellent site vision of Pentz Road in both directions from the site driveway. According to the
applicant, most church members live in Paradise, to the north of the site, and make a right turn into
Safari Lane to access the site. Most vehicles exiting the site make a left turn onto Pentz Road from
the driveway on Pentz Road.
The number of vehicle trips that the project will generate is not expected to create any significant
impacts on Pentz Road because the proposed gymnasium and athletic field will not be open to the
general public. Church members will be the primary users of the proposed facilities, but church
league games may be played on the athletic field. According to the applicant, the number of games
to be played will be very limited, approximately three to four games per week. The applicant
estimates that there will only be three to four church league games played per year. No games will
be played at the same time as the church is in session.
The Public Works Department reviewed this project and determined that the project will result in
a significant number of vehicle trips that warrants the installation of a left turn pocket on Pentz Road
at Safari Lane. The applicant would be responsible for the installation of the left turn pocket. The
applicant stated that the left turn pocket is not needed because most vehicles coming to the church
arrive from the north (from Paradise) and make a right turn onto Safari Lane to access the church.
The addition of the athletic field and the gymnasium to the site is not expected to significantly
change this traffic pattern.
After discussion with the Public Works Department on this issue, it was determined that the
applicant could either construct the left turn pocket or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements for vehicle traffic generated by
the project to the Public Works Department for review, and comment. The purpose of the
estimate/analysis is to determine if the project will generate a significant amount of vehicle traffic
that warrants the installation of a left turn pocket or other road improvements on Pentz Road. If the
traffic estimate determines that a left turn lane or other road improvements are needed, the applicant
is required to construct the improvements prior to issuance of the Use Permit.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 3 ■
ACTIONS FOR CONSIDERATION:
Staff recommends that the Planning Commission take the following actions:
I. Adopt a Mitigated Negative Declaration regarding environmental impacts, with mitigation
measures 1 through 4, as detailed in this agenda report, and authorize the Chair to sign, with
the following findings:
A. Find that an Initial Study was completed in compliance with the California
Environmental Quality Act, that said study identified potential significant
environmental effects and includes mitigation measures that would mitigate such
effects below significant levels, and that a Mitigated Negative Declaration is
proposed.
B. Find that the Planning Commission 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 Planning Commission, including the
Initial Study and any comments received, that there is no substantial evidence that the
Use Permit project for the Paradise Evangelical Free Church, as mitigated, will have
a significant effect on the environment.
D. Find that the proposed Mitigated Negative Declaration reflects the independent
judgement and analysis of the County, which is the lead agency.
II. The design of the proposed project improvements will not cause environmental damage to
fish and wildlife or their habitat because the area subject to development does not contain
any significant amounts of wildlife habitat. Therefore, a "de minimus" impact of finding
regarding fish and wildlife and their habitat is hereby made. The collection of fees pursuant
to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not required.
III. Approve Use Permit 01-15 for the Paradise Evangelical Free Church, subject to the
conditions found in Exhibit A, with the following findings:
A. The proposed use 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 property, or 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 County because:
1. The athletic field will not be lighted.
2. Measures are required to be taken during. construction activities to prevent
fugitive dust emissions.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 4 ■
3. The times of construction activities are limited to prevent significant. noise
impacts to nearby residents. After construction, the project will not create
any significant noise impacts.
4. The project will not create a significant aesthetic impact because the proposed
improvements will not be easily seen from a public road.
5. Use of the athletic field and gymnasium is limited to members of the Paradise
Evangelical Free Church and to church leagues.
6. A drainage plan, which provides for no net increase in surface water runoff
from the site, and a soil erosion control plan are required to be submitted to
the Public Works Department for review and approval.
7. The applicant is required to submit to the Public Works Department an
estimate and analysis, prepared by a registered engineer, of traffic generation
and turning movements for vehicle traffic generated by the project. If the
traffic estimate/analysis determines that a left turn lane or other road
improvements are needed, the applicant is required to construct the
improvements prior to issuance of the Use Permit
B. The project is consistent with the AR -1 zone, which allows quasi -public uses with
a Use Permit.
C. The Low Density Residential General Plan land use designation allows quasi -public
uses as Secondary Uses.
K:\PLANNING\PROJECTS\UPC\EVANGEL\EVANGEL.RPT
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 5 ■
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP 01-15
PERMIT NO.
055-290-083
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions
set forth below, the Paradise Evangelical Free Church is hereby granted a Use Permit in accordance
with the application filed for an athletic field (baseball, soccer, etc.), a 500 square foot restroom
adjacent to the athletic field, and a 6,000 square foot gymnasium with restroom and shower facilities.
The gymnasium will also serve as Sunday school rooms. The project will involve the grading of
approximately 2.2 acres of land.
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, or their respective designee, upon receipt of a
.substantiated written request 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 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.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 6 ■
Conditions of Approval:
Planning Division
1. Measures shall be taken to control fugitive dust emissions from all civil construction
associated with development of the site. Standard Mitigation Measures to prevent or reduce
fugitive dust emissions can be obtained from the Butte County Air Quality Management
District. (Mitigation Measure)
2. Grading to create level areas for the athletic field and gymnasium is allowed. Prior to any
soil disturbance, prepare a Best Management Plan to address erosion control during site
preparation and building construction. The erosion control methods proposed shall be
methods accepted by professional civil engineering practices and prepared by a registered
civil engineer. The plan shall make provisions to stabilize all disturbed soil that is subject
to erosion, prior to the onset of the rainy season (November 15). If work is to be performed
during the winter (November 15 - April 15), a temporary erosion control plan shall be
established and implemented on a daily basis to provide for interim measures for periods of
rain. The Best Management Plan shall be submitted to the Department of Public Works for
review and approval. The applicant shall submit a copy of the approved Best Management
Plan to the Planning Division and the Building Division. No clearing or land disturbance
shall take place until the Planning Division and the Building Division have received a copy
of the Best Management Plan. (Mitigation Measure)
3. All development activity shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday,
and 10 a.m. to 6 p.m. Saturday, Sunday, and holidays. (Mitigation Measure)
4. Prior to use of this project, the applicant shall contact the Planning Division for a field
inspection to verify all conditions of approval and ordinance requirements have been met.
5. Use of the athletic field and the gymnasium shall be limited to the members of the Paradise
Evangelical Free Church and church leagues. Use of the facilities by the general public and
by any public recreation district shall not be allowed.
6. Lighting of the athletic field shall not be allowed.
7. 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 date-
stamped February 13, 2001, and is incorporated herein by this reference.
Public Works Department
8. Prior to the issuance of the Use Permit obtain encroachment permits for County Standard S-
18 road approaches and construct them to County standards, as specified in, County
Improvement Standards.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT N PAGE 7 0
9. Prior to the issuance of the Use Permit, and under permit from the Public Works Department,
construct a left turn pocket on Pentz Road or provide an estimate and analysis, prepared by
a registered engineer, of traffic generation and turning movements to the Public Works
Department for review and comment. Any road improvements identified in the analysis as
being required shall be installed by the applicant prior to issuance of the Use Permit.
10. Prior to. the issuance of building permits for the gymnasium a plan for a permanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall specify how drainage waters shall be detained on site and or conveyed
to the nearest natural or publicly maintained drainage channel or facility and shall provide
that there shall be no increase in the peak flow runoff to said channel or facility.. A copy of
the approved plan shall be submitted to the Planning Division and the Building Division.
(Mitigation Measure)
Fire Department
11. Prior to the issuance of a building permit for the gymnasium, prove that adequate fire flow
is available to meet the increased area. This may require the installation of an additional fire
hydrant.
Building Division
12. Building permits required. Prepare 4 sets of construction plans and make an application for
permit. Construction shall comply with federal, .state, and local regulations. Plans shall be
prepared, sealed and signed by a California Licensed Architect or Registered Engineer for
non-residential buildings and certain residential buildings.
13. All structures shall be made accessible to the disabled. Disabled accessible parking and an
accessible path of travel shall be provided.
14. Proposed improvements shall comply with Title 24 energy conservation -regulations.
Appropriate compliance forms (two. sets) shall'be submitted indicating compliance with
those standards.
15. Proposed improvements shall comply with Use Permit conditions applicable to construction.
16. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe
Construction standards.
17. Development fees for the proposed residential or non-residential improvements shall be paid
prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection
Fees.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 8 ■
Environmental Health Division
18. Under County permit, upgrade the existing septic systems to accommodate increased
development.
19. Prior to issuance of the Use Permit, obtain approval fro the Del Oro Water Company that
they are able and willing to provide the necessary flows to service the entire project.
Other Conditions
20. Applicant must also comply with all other applicable State and local statutes, ordinances 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
Division permits before starting construction, nor does it waive any other requirements. ,
Butte County Planning Commission Chairman
CC: Land Development Division
Building Division
Environmental Health Department
Butte County Fire Department/CDF
Assessor's Office
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ PAGE 9 ■
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FR-40 4 —J AR-1
--------------------------------
500 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Feet
BUTTE COUNTY PLANNING CONEMRSSION
Applicant: Paradise Evangelical Free Church Owner: Same
Hearing Date: April 26, 2001 @ 9:30 am. Existing ZonezAR-1 (Agricultural Residential, I acre min) N
Supervisorial
Request: Use Permit to allow 6,000 sq.fL gymnasium with restroom and shower facilities and an athletic field. The District # 4
gymnasium will also serve for sunday school classes. -Assessor Parcel No: 055-290-083 File: UP 01-15
Project Location
500 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000`Feet
BUTTE COUNTY PLANNING CONMUSSION
Applicant: Paradise Evangelical Free Church Owner: Same
Hearing Date: Apri126, 2001 @ 9:30 a.m Eidsting Zone;AR 1(Agricultural Residential, 1 acre min) N
Supervisorial
Request: Use Permit to allow 6,000 sq.fL gymmasium with restroom and shower facilities and an athletic field. The District # 4
gymnasium will also serve for sunday school classes. Assessor Parcel No: 055-290-083 File: UP 01-15
Pine Ridge Park
5084 Pentz Road a Camping, RV & Mobile Home Community
Paradise, CA 95969
(530) 877-0677
April 10, 2001
RECEMOVE03
APR 1 3 2001
Butte County Planning Commission BUTTE COUNTY PLANNING DIVISION
25 County Center Drive OROVILLE, CALIFORNIA
Oroville, CA 95965
Dear Commissioners:
I am sending this letter to support the Use Permit for the Paradise Evangelical Free
Church to construct an athletic field, restrooms and a future gymnasium which will also
serve as a Sunday school rooms. This area of Paradise is lacking positive things for our
youth and community members to do. The Church will be providing a great service to the
community by constructing these facilities.
Sincerely,
G M. Guard'n
Owner
n,
c
W.
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that public hearings will be held
on Thursday, April 26, 2001, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following item:
ITEMS ON WHICH A NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION WITH
MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN GIVEN
9:30 a.m. - Paradise Evangelical Free Church, Use Permit to allow an athletic field (baseball,
soccer, etc.) and restrooms, and for a 6,000 square foot gymnasium with restroom
and shower facilities. The. gymnasium will also serve as Sunday school rooms. The
project is proposed to be developed in three.phases:
Phase 1 - Construction of the athletic field upon approval of the Use Permit
Phase 2 - Restrooms (one to two years after approval of the Use Permit)
Phase 3 - Gymnasiuiii:(two to five years:after approval of the Use Permit)
The athletic field will be used for games held by members of the church and for church
league games. The applicant does not propose to allow non -church leagues (i.e. Paradise
Recreation District) to use the field. The applicant anticipates that the field will be used for
organized games two to three times per week. The property is zoned AR -1 (Agricultural
Residential - 1 acre parcels). The property is located on the north side of Safari Lane, on the
northwest comer of Pentz Road and Safari Lane, at 5095 Pentz Road, Paradise. APN 055-
290-083 (SB) (UP 01-15)
9:30 a.m. - Dan Kennedy, Use Permit to allow a mini -storage business with outdoor vehicle
and boat storage. The project also proposes .to allow two existing mobile homes
approved for use as real estate offices to be used as dwelling units for two years after
approval of the Use Permit. Fifty-six enclosed storage spaces will be provided, along
with'.39 outdoor storage spaces for vehicles. According to the applicant the enclosed
storage spaces are primarily intended for the storage of vehicles, but any items may
be stored in these spaces. The mini -storage structures will be 9'/z feet tall at the rear,
with a.21/z foot high parapet, and gradually sloping to a height of eight feet at the
front.. The applicant proposes to paint the structures a red rust color, with off-white
doors. 'The roofs of the structures will be galvanized metal. The mini -storage
structures will abut the property line on the north and south sides. There will be a ten
foot building setback from the west property line. Hours of operation will be daily
from 7:00 a.m. to 9:00 p.m. One of the mobile homes will be used as the office for
the mini -storage business and as the residence for a caretaker. The property is zoned
H -C (Highway Commercial) and is located on the west side of Skyway,
approximately 100 feet south of Fir Haven Drive, at 14435 Skyway, Paradise Pines.
APN 064-660-012 (SB) (UP 01-16)
The above mentioned applications, Initial Studies, and maps 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
r
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 application or 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 Paradise Post on Thursday, April 5, 2001.
Or
PARADISE
EVANGELICAL FCHURCH
... TRUTH TEACHING
OF THE WORD RECEIVE13
2 Tim. 3:16,17
MAR 1...6. 2001
INGMAR JACOBSEN, Pastor (530) 877-4241
BURE v v+ N+c546 Vlv,tiiSldtY
ORNILLE, JAUFORMA
Stephen Betts
Senior Planner
Planning Division
7 County Center Drive
Oroville CA 95965
Dear Mr. Betts;
Re: Use Permit. Evangelical Free Church
March 15, 2001
Further to our conversation yesterday, I would submit that we are not
planning very many ball games on the proposed site. It would primarily be daytime
use by children and young adults of our own congregation, perhaps twice a week
in play or practice. As mentioned in our letter accompanying our application, we
would like to accommodate possible church league games on occasion.. Such
games would be few and far between at this site, perhaps three or four a year.
As to lighting two years down the road, this is not essential to our function.
Night games are not anticipated. If it would expedite the processing of the
application, we would gladly withdraw that item.
Thank you for your help. We would appreciate every effort you make to
move this along as rapidly as is prudent. Ideally, we would like to see this work
done in spring or early summer when conditions are optimum for compaction, dust
control, etc.
Yours truly,
(Rev.) Ingmar Ja sen, Sr. Pastor.
5095 PENTZ ROAD • PARADISE, CALIFORNIA 95969
WE CARE, BECAUSE HE CARES ...
' BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVIC
PLANNING DIVISION FEB 2 6 2001
TO: Calif. Department of Forestry BUTTE COUNTY
FROM: Butte County Planning Division PLANNING DIVISION
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, -
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 Use Permit to allow an athletic field (bas soccer, etc.) with lighting and restrooms, and for
a 6.000 sq. ft. gymnasium with restroom and shower facilities, The gymnasium will also serve as Sunday school rooms
on property zoned AR -1 (Agricultural Residential - 1 acreapp rc lsl located on the north side of Safari Lane, on the
northwest corer of Pentz Road and Safari Lane,at 5095 Pentz Road, Paradise , identified as APN 055-190-083.
Supervisorial District No. 4..
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 14, 2001.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 28, 2001. 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):
0
Date: Z , )--2 —v
7 County Center Drive - Oroville. California 95965 - 530-538-7601 - FAX 530-538-7785
-
-
-�` LAND OF NATURAL WEALTH AND BEAUTY
March 15, 2001
Ingmar Jacobsen
Paradise Evangelical Free Church
5095 Pentz Road
Paradise, CA 95969
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
Re: Application Complete - Use Permit application for the Paradise Evangelical Free Church,
APN 055-290-083, File # UP 01-15
Dear Mr. Jacobsen:
Pursuant to Section 65943 of California Government Code, Title 7, Division 1, your project has been
deemed "complete." Environmental review will be conducted within the next 30 days pursuant to
the California Environmental Quality Act. Upon conclusion of environmental review, your project
will be scheduled for action by the Butte County Planning Commission. You will be notified by
mail of the date, time, and location of that meeting.
Should you have any further questions regarding this letter, please contact me between the hours of
8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
��
Stephen Betts
Senior Planner
tte
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
4m"` y�� f PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 3397
TELEPHONE: (530) 538-7601
FAX: (530) 538-7785
March 15,.2001
Ingmar Jacobsen
Paradise Evangelical Free Church
5095 Pentz Road
Paradise, CA 95969
Re: Use Permit application for the Paradise Evangelical Free Church, APN 055-290-083, File
# UP 01-15
Dear Mr. Jacobsen
Thank you for the .submittal of the above referenced application received on February 13, 2001.
Your project application, site plan, and related items have been reviewed by County Agencies in
order to determine the completeness. of your application. Enclosed please find copies of the
comments we have received from County agencies regarding your project. These comments have
been received as part of the initial thirty day review of your project. Please review these comments
and the conditions that are requested as part of the project's approval.
Should you have any further questions regarding these comments, please contact me between the
hours of 8:00 a.m. and 4:00 p.m., Monday through Friday.
Sincerely,
Stephen Betts
Senior Planner
enc
[I
II
1
Il
I�
DISCUSSION OF_ ENVIRONMENTAL_ EVALUATION AP 55-29-21
lb,c: Preparing the property for construction.(vegetation removal,
grading) will disrupt an estimated 2 1/2 acres. Overcovering by the
church, parking lot and driveways may exceed 46,000 square feet..
Extensive grading will be required to level .the 8-15% slopes.
Approximately 150 cubic yards will be excavated between the 1610 and
1620 ft. contours. The building slab will be put in 10'feet lowwr-
than the natural elevation. Ten feet is in excess of the 2 foot
maximum recommended to insure slope stability and minimize disruption
of drainage patterns.
le: Aiken soils are 'characterized by'.moderately slow permeability,
moderate runoff and high erosion potential in their natural state.
Vegetation removal and grading will greatly.accelerate"Wind and water
erosion of soils.
Appendix F - Page,6
Construction "spoils" (excavated materials) are subject to severe
erosion if not disposed of properly and/or stabilized..
It is recommended that a full grading and E-osion *control plan be
submitted to Planning and Public Works for approval. "Erosion and
Sediment Control Guidelines" Aspo press, 1981 should be followed.
If: Suils eroded off, -site will be eventually deposited into Dry
Creek, 1000 feet west.
j
2a: Increased traffic loads on Pentz-Magalia Highway will contribute
to a reduction in local air quality.
3b: Construction of the church and parking areas will reduce soil
absorption rates, %lter drainage patterns and increase storm water
runoff. The natural sheet flow will be interrupted and channelized b.y
the parking areas and walkways. Cut banks also interrupt sheet flow.
These man-made features create points of concentration, whose outfall
is highly susceptible to erosion.
A drainage plan should be,submitted to Public Works and Planning for
review.
`s
3i;16c: The property is within Lime Saddle Community Services
District. The district derives its water from two wells capable of
producing 100 gallons a minute each during the winter and spring.
'
During the summer and iall., production falls off sharply.
The existing system is near capacity and another well..will likely be
drilled in 1985.
t
A "will serve" letter from Lime Saddle is required to insure adequate
watar supply .for sewage disposal, landscaping, etc. It, is doubtful
Lime Saddle can commit to more hookups without bringinq,another well
}
on line.
Appendix F - Page,6
AP 29-21 ,
4a: A minimum of .15 yellow pines, average trunk diameter of 25", will
,be removed. Approximately 2 1/2 acres of brush anti young trees will
be cleared. Provided native vegetation is retained";on the remainder,
the species diversity will not be.significa.ntly reduced."
5d: The distance between Dry Creek and the church is sufficient to
protect fist'. and wildlife habitat from undue disturt,ance.
6a,7: Noise and light Level's may increase in the ovenings and
Sundays, to a slight degree. The primarynoise source will be from
increased traffic.,
tae This property has been planned for residential development at
rural densities (1 acre minimum). Churches are generally compatible
with residential uses.
13: .Traffic generation for houses of worship on worship day'is
estimated to be 40.9 trips per 1000 square feet of gross floor area.
(7250 square feet t 1000)'x 40.9 =.297
The most current traffic count available (1983) for Pentz-Magalia
Highway is 2300 immediately south of Country Club Drive. The cht -ch
will increase Sunday traffic counts by 13%. This increase will
warrant installation of a left turn pocket in Pentz-Mag,alia.
To minimize potential- traffic hazards, access onto Pentz-Magalia
should.be directly across from Arden and/or Wilderness Way..
Encroachment permits from Public Works will be required to insure
adequate sight distance. Butte County.Code 24-35 requires
construction of 51•parking spaces.
1 per classroom 6
1 per. office = 2
I -per 6 seats
256 t 6 - 43
51
Preliminary plot plan shows 62 spaces.
14a: California Department of Forestry has indicated a fire hydrant
must be installed on-site to minimize potential hazards. L,)cation of
the hydrant shall bra subject to their approval.
14b: The project has the potential to increase demand for.availa_ble
police services.
14e: Increased traffic on Pentz-Magalia will place'"greater demands on
road maintenance funds.
Y
Applicant: Paradise Evangelical'
Free Church
DATA_SHEET
A. Project_Description
•
Assessor's Parcel h
55-29-21
Log q 85-04-05-01
1. Type of Project: Use Permit
2. Brief Description: To allow construction of a church in wn
AR -MH -1 zone
3. Location: On the west side uf Pentz Road at Arden Way. south
Paradise
4. Proposed Density of Development: 7254 square foot building
and 62 space parking lot -
5. Amount of Impervious Surfacing: 1.1 acre
6. Access and Nearest Public Road(s): Pentz-Magalia Highway
7. Method of Sewage Disposal: Individual septic
S. Source of Water Supply: Lime Saddle Community Service
District
9. Proximity of Power Lines: At Pentz-Magalia Highway
14. Potential for further land divisions and development:
Dependent on soil depth, water supply and obtaining another
Use Permit
B. Env-ironmental_Setting
Ehysical_Env-ironment_
1. Terrain
a. General Topographic Character: Western slope of Upper
Paradise Ridge
b. Slopes: 8-15 within development area, 30% sloping into
Dry Creek:
C. Elevation: 1690-1200 ft. ASL
d. Limiting Factors: Slopes over 20%
2. Soils
a. 'types and Characteristics: Aiken 60-140", dark.. brown,
loam, clay, moderately slow permeability, moderate runoff
potential.
b. Limiting Factors: Moderately acidic
3. Natural Hazards of the Land
a. Earthquake Lone: 1500 feet south of Big Bend Fault
b. Erosion Potential: High
C. Landslide Potential: Moderate
d. Fire Hazard: High
0. E;•pansive Soil Potential: Moderate -High
Appendix F (a)
Appendix F (b)
c\ �.
AP
J,
2e-21
L
4.
Hydrology
a. Surface Water: Dry Creek adjacent to the west, West
Branch Feather River 4000 feet east.
.�
b. Ground Water: Possibly limited resource
C. Drainage Characteristics: Drains west to Dry Creek
d. Annual Rainfall (normal): 45-50 inches;
e. Limiting Factors: High rainfall, steep slopes, slow
cyj
permeability -
5.
Visual/Sce,iic Quality: -
6.
Acoustic Quality: Good
7.
Air Quality:. Good
a
Glglogical_Enyironment_
'
S.
Vegetation: Grasses, ceanothus, manzanita, poison oak,
ponderosa pine, California black oak, scrub oak
9.
Wildlife Habi,tat: -
4
Cultural_Env_ironment:
10.
Archaeological and Historical Resources in thearea: Hiyh
11.
Butte County General Plan designation: Low Density
Residential•
12.
Existing Zoning: AR -MH -1..
'
13.
Existing Land Use on-site: Open space
14.
Surrounding Area:
a. Land Uses: North: small store; East: mobile hcme pare;
South: arts and craft supply; West: Dry Greek
b.' Zoning: FI -C, FUD, AR-MH=1, Town of Paradise
,.
C. Gen. Plan designations: Low Density Residential,
Commercial
d.' Parcel Sues: 1-2 1/2 acres off Wilderness'; Arden and',
CouAtry Club, 20-25 acres west of Peng
t
e. Population: Low density
t�
15.
Character of Site and Area: Rural"fringe of Paradise
16.
Nearest Urban Area: Paradise +/- 2 1/2 miles north
17.
.Relevant Spheres .of Influencm:. Lime Saddle Community Services
District
18.
Improvements Standards Urban Area: Standard road approach
19.
Fire Protection Service:
a. Ilearest County (State) Fire Station: n.34, 5 miles north
b. t4ater Avai`labitity: Fire hydrant across the street
,.
20.
Schools in Area: Paradise Unified
Appendix F (b)
p,
P . ,
Butte Co.Plmmh,q C,,,M
JUNi 1985
orftalo, c'u11114
ARCHAEOLOGICAL SURVEY FOR THE PARADISE EVANGELICAL
FREE CHURCH, BUTTE COUNTY, CALIFORNIA
By.
James P.' Manning .
PROJECT DESCRIPTION: The proposed project is to construct a
church and parking facility .on -approximately .30 acres of land,
A•P:N. 55-29-21. Only a small portion ofthe property, near
the eastern boundary, will be impacted by the proposed,project.
PROJECT APPLICANT: Paradise Evangelical Free Church
PROJECT LOCATION: The project site is located adjacent to
the west side of Pentz-Magalia.Highway across from the
intersection with Wilderness Way, southeast of the City of
Paradise. The project site covers a portion of the SWI. of
Section 30, T. 22 N., R. 4 E., Cherokee Quadrangle,. '5'
series.
PRIOR DATAREVIEW: The archaeological, site record files
maintained by the California Archaeological Inventory,,
Northeast Information Center were consulted to determine if
any previously recorded cultural resources were located
within, or adjacent to, the project area. No previously
recorded cultural resources were located.within, or adjacent
to, the project site.
DATE OF FIELD INSPECTION: May 21, 1985
ENVIRONMENTAL SETTING: The project site is located along
the eastern side of Dry Creek Canyon. The western portion
of the property lies along the steep canyon wall, while,the
eastern portion has a gentle to moderate slope.: The
vegetation consists of a mixture of yellow pine and Black
Oak with dense chaparral along the.steep slopes. No
drainage channels or structures are located within the,
property area.
SURVEY METHODOLOGY: The focus of the survey was a visua�
inspection of the ground surface for materials or features
indicative of prehistoric or early historic activities:: The
survey -was accomplished by walking a.series of linear transects
with a ten meter interval spacing over the portion of the
property area that will be impacted by the proposed project.
CLI? RwwpdJ" C ¢Ike o Oonmmmu
P.O, a o� 9409 Ql�6¢o,Cw9g9��.94G9 DG��99CiB 949�9gt�
_ LAFCO
BUTTE COUNTY FEB 15* Zoog
DEPARTMENT OF DEVELOPMENT SERVICES 9
PLANNING DIVISION 0roVlllB, CBlifomla
TO: LAFCo
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, UP 01-15
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 Use Permit to allow an athletic field (baseball, soccer, etc.) with lighting and restrooms, and for
a 6,000 sq. ft. gymnasium with restroom and shower facilities The gymnasium will also serve as Sunday school rooms
on property zoned AR -1 (Agricultural R .sidontial - 1 - acre parcfd4 located on the north side of Safari Lane, on the
northwest corer of Pent? Road and Safari Lane at 5095 Pentz Road, Paradise , identified as APN 055-190-083.
Supervisorial District No. 4.
093 D 3
THIS ITEM HAS BEEN TENTATIVELY` SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 14, 2001.
COMMENTS, IF ANY, ARE REQUESTED.BY NO LATER THAN February 28, 2001. 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):
I. Pataa«e C—enAr st Dist
S• 1{(4�t i�11etL GD/IAC[f�son .
By: -I.t- �s,c� i Date: z s o
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
-_ rJili it .il l�� •\ �•
F E B 1 5 2001 BUTTE COUNTY ?�,y
DEPARTMENT OF DEVELOPMENT SERVICES
Chico, Califomla PLANNING DIVISION
f
TO: Environmental Health �ylM.,
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: -Paradise Evangelical Free Church, LSP 5
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 proje,:t
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
on property zoned AR -1 (Agricultural Residential - 1 acre parcels) located on the north side of Safari Lane, on the
northwest corner of Pentz Road and Safari Lane at 5095 Pent? Road, Paradise , identified as APN 0554W -O8
Supervisorial District No. 4.
ST -C2910 X83
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 14 , 2001.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 28, 2001. 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:L I t G'y7L�t/ l (T fv� Date: 0
REcERVED
FEB 2 & 2001
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
BUTTE COUNTY PLAW.gING DIVISION
OROVILLE, CALFORNIA
Memo
To: Stephen Betts .
From: Michael Huerta�-4
CC:
Date: 02/26/01
Re: Use Permit for Paradise Evangelical Free Church
Please include the following conditions:
1. Under county permit, upgrade existing septic systems to accommodate increased
development.
2. Before issuance of Use Permit, obtain approval from Del Oro Water Co. that they will able
and willing to provide the necessary flows to service the entire project.
The aforementioned conditions will require complete applications submittals from the applicant and
more than likely require the services of a licensed professional to do engineering and flow calculations.
0 Page 1
2525 Dominic Drive, Suite J
Chico, California 95928
(530)891-2882
(530)891-2878 Fax
February 26, 2001
Stephen Betts, Butte County Department
Development Services Planning Division
7 County Center Drive
Oroville, CA 95965
Re: UP -01-15
Dear Mr. Betts:
Lawrence D. Odle
Air Polluticu Control Officer
W. James Wagoner
Asst. Air Pollution Control Officer
The District has reviewed the request for comments for a use permit to allow an athletic field,
restrooms, and for 6,000 square foot gymnasium with restroom and shower facilities to be located
at 5095 Pentz Road in Paradise, CA. Based on the information submitted the District recommends
incorporating measures to control fugitive dust emission from all road and other construction
activities during project improvements. Measures may include site and driveway watering and/or
use of other acceptable soil palliatives.
Thank you for the opportunity to comment on the proposed project. If you have any questions,
please contact the District at 891-2882.
Sincerely, N
Gail Williams
Air Quality Planner
File No 3451.1
f:\apps\wpdo s\eir\bcup0115.doc
MAR :� 2 2001
BUTTE COUNTY PIAiNNING DIVISION
OROVILLE, CALIFORNIA
•
•
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Town of Paradise, Planning
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, UP 01-15
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 Use Permit to allow an athletic field (baseball, soccer.,etc,) with lighting and restrooms, and for
a 6,000 sq. ft. gymnasium with restroom and shower facilities. The gymnasium will also serve as Sunday school rooms
on property zoned AR -1 (Agricultural Residential - I acrean roW located on the north side of Safari Lane, on the
northwest corner of Pentz Road and Safari Lane, at 5095 Pentz Road, Paradise., identified as APN 055-190-083.
Supervisorial District No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 14, 2001.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 28, 2001. 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):
�le�.s e re r -fv e— o .rz, k
TOWN OF PARADISE
COMMUNITY DEVELOPMENT DEPT.
By: al )w : Date
Tow,,, of 41414;�$e
re e-
iZ /.Za J-0/
RECEIVED
8 2001
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
BUTTE COUNTY PLAINNING DIVISION
OROVILLE, CALIFORNIA
MEMORANDUM
TO: Stephen Betts, Senior Planner
Butte County Planning Division
FROM: Al McGreehan, Community Development Director
SUBJECT: Paradise Evangelical Free Church [UP -01-15] Expansion Project at 5095 Pentz
Road; AP NO. 055-190-083
DATE: February 22, 2001
Thank you for affording the Town of Paradise the opportunity to review and comment upon the
above -noted development project application. Based upon the information that you have
provided it is our understanding that the proposed project entails a outdoor and indoor church
related facilities expansion that is to be developed in "3 phases" during a five-year period and
that consists of: 1) a 2.0 -acre outdoor athletic playfield, 2) a 500 sq. ft. bathroom building, and 3)
a 6,000 sq. ft. gymnasium building.
After carefully reviewing this proposed project the following observations and comments are
hereby offered on behalf of the Town of Paradise:
1. The project site is located along Pentz Road and approximately 600 feet due south of the
Town limits.
2. This property is situated within a land area that is identified as the "Secondary Study Area"
of the Town adopted 1994 Paradise General Plan. The "Secondary Study Area" encompasses the
existing Butte County LAFCo adopted "Sphere of Influence" area boundary for the Town of
Paradise. .
3. The Paradise General Plan has assigned a "R -R" [Rural -Residential} land use designation to
the project site location.
4. Given the scope and magnitude of this proposed project it is recommended that a detailed
"Initial Study" of the project's environmental effects be conducted. Potential impacts, both
singular and cumulative, that should be addressed include, but may not be limited to: effects
upon existing Town of Paradise facilities or services such as fire and police protection currently
provided via mutual aid agreement, increased traffic and maintenance of town roads, and effects'.
upon local recreation district facilities and/or services, additional water supply demand upon the
Del Oro water company, etc.
FEB 2 8 2001
BUTTE COUNTY PLANNING DIVISION
OROVILLE, CALIFORNIA
p
0 Page 2
5. In order to acquire a better fire insurance rating and lower fire insurance premium costs, the
project proponent should seriously consider annexing the project property and possibly the
northerly abutting property to the Town of Paradise.
It is recommended that Butte County planning division staff route this proposed project for
review and comment to not only the Del Oro water company but also the Paradise Recreation &
Park District. Lastly, it is also requested that the Town of Paradise be sent a copy of the
environmental document that is prepared for this proposed project and that shall be offered'to
your Butte County land use decision-making body for certification.
cc: Paradise Planning Commission
Jim Broshears, Paradise Fire Chief
Paul Walters, Paradise Police Chief
Dennis Schmidt, Public Works Director
Chuck Rough, Town Manager
A- 5
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Public Works
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, UP 01-15
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 particula
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 Use Permit to allow an athletic field ( ac ball soccer,etc) with lighting and restrooms, and for
x6.000 sq ft g}ith restroom and shower facilities. The gymnasium will also serve as Sunday school rooms
on property zoned AR -I (Agricultural Residential - 1 acre_amcels) located on the north side of Safari Lane, on the
northwest corner of Pentz Road and Safari Lane. at 5095 Pent? Road Paradise , identified as APN 055-190-083.
Supervisorial District No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
PLANNING COMMISSION - _DEVELOPMENT REVIEW.COMMITTEE ON June 14 , 2001.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 28, 2001. If no comments :)r
communications are received by the above date, the assumption will be made that your agency has no comment.
LE
:NTS (Attach additional pages if necessary):
Date: 2-1, zAov/
RECEIVED ;;ECr=JVE
� 3 200'i
7 County Center Drive - Oroville, California 95965 FRVI( ooa FAX 530-538-7785 FEB Z
N
o )pEEVELOpMENT DN. BUTTEp OVII.L=, CAL FIORNIA ISIO
BUTTE COUNTY
STANDARD CONDITIONS FOR
USE PERMIT
APPLICANT: Paradise Evangelical Free Church DATE: February 14, 2001
AGENT: APN: 055-190-083
FILE #: UP 01-15 PLANNER: Stephen Betts
PROJECT DESCRIPTION: Use Permit to allow an athletic field (baseball, soccer, etc.) with lighting
and restrooms, and for a 6,000 sq. ft. gymnasium with restroom and shower facilities. The gymnasiurr_
will also serve as Sunday school rooms
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING
CHECKED CONDITIONS
A. STREETS
Ste! S-i� road
1. Prior to the issuance of building permits obtain encroachment permit for -
approachesend construct them to Count standards, as specified in County Improvement Standards.
o� )'f' tv r'i- p Uc—f
2. Prior to the issuance of building permits deed to Butte County, in fee simple, 4-0 feet of right-of-way
from the centerline of Q"4 . The right of way shall b,-
sufficient
.sufficient for the installation of standard No. S-5 at all street intersections.
3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation
and construction of the street frontage improvements on to
standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section fa-
parcels
aparcels with gross acreage of one acre or less. Construct or install the required improvements.
4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights
to Butte County, along the frontage of parcels , except at approved access
points.
B. DRAINAGE
1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage
shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify
how drainage waters shall be detained on site and or conveyed to the nearest natural or public}y
maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow
runoff to said channel or facility.
2.. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor
elevations for any structures. Show on the site plan map for building permits the elevations (by contour)
and the location of an accepted NVGD benchmark and a temporary benchmark. on-site.
C. LEGAL LOT STATUS
1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that t1he
parcel of the subject application is a legal parcel.
RECEIVED
FEB 1 5 2001
. COLINTY OF BUTTE
LAND DEVELOPMENT DIV.
}
RECEIVE®
=` BUTTE COUNTY FEB 1 :5'.X01
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION Bb�E0R0 ju PGDIVISION
AUF08NIA
TO: Building Manager
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, UP 01-15
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 particu)hr
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 Use Permit to allow an athletic field (baseball, a_occer, etc.) wi h 1'ghtine and restrooms, and for
a 6.000 sq. ft. gymnasigm with restroom and shower facilities. The gymnasium will also serve as Sunday School rooms
on property zoned AR -1 (Agricultural Residential - 1 acrean rceW located on the north Side of Safari Lane, nn t -e
northwest corner of Pentz Road and Safari Lane, at 5095 Pentz Road, Paradise., identified as APN 055.
Supervisorial District No. 4. 2�
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 14 , 2001.
COMMENTS, IF ANY, ARE REQUESTED BY .NO LATER THAN February 28, 2001. 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 necessar
5S* *MAOM 4 , pmt
7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785
PROPOSED USE PERMIT STANDARD CONDITIONS
Building Permits Required. Prepare sets of construction plans and make an
application for permit, Construction shall comply with federal, state, and local
regulations. Plans shall be prepared, sealed and signed by a California Licensed
Architect or Registered Engineer for non-residential buildings and certain residential
buildings.
Proposed improvements constitute a "change in use" or "change in the character of use"
as stated in the building code. Improvement plans shall incorporate all code -required
elements for the new use.
3. All structures shall be made accessible to the disabled. Disabled accessible parking and
an accessible path of travel shall be provided.
4. Proposed improvements shall comply with Title 24 energy conservation regulations.
Appropriate compliance forms (two sets) shall be submitted indicating compliance with
those standards.
Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard
Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified
professional, shall be completed and submitted with improvement plans to the Building
Division.
Proposed improvements shall comply with recorded map conditions applicable to
6. o
construction.
0 Proposed improvements shall comply with Public Resource Code 4290 Fire Safe
Construction standards.
8. Development fees for the proposed residential or non-residential improvements shall be
paid prior to the issuance of building permits. The fees shall be those in effect at time of
application, and shall include, but not be limited to, School Fees, Park and Recreation
District Fees, Drainage Fees, Water and Sewer Service Fees, Permit and Plan Check
Fees, and Fire Protection Fees.
*-—r 0
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Paradise Evangelical Free Church, UP 01-15
DATE: February 14, 2001 CONTACT PERSON: Stephen Betts
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 Use Permit to allow an athletic field (baseball, soccer, etc.) with lighting and restrooms and for
a 6,000 sq. ft. gymnasium with restroom and shower facilities The gymnasium will also serve as Sunday school rooms
on property zoned AR -1 (Agricultural Residential = 1 acre an reels) located on the north side of Safari Lane on the
northwest corner of Pentz Road and Safari Lane, at 5095 Pentz Road, Paradise , identified as APN055T.
Supervisorial District No. 4.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one)
_X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 14, 2001.
COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 28, 2001. 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
APPLICATION: '
DATE:
County Offices and Cities:
_Chief Administrative Officer
_X Environmental Health .
Sheriff
LAFCo
Biggs
Oroville
Irrigation District:
Butte Water
_ OWID
Table Mountain Irrigation
Domestic Water
Butte Water District
OWID
Sewer
•
COMMENT DISTRIBUTION LIST
X�velop. Services Director
X_ 1/sessor
�AG
Air Quality Mgmt.
_ ridley
Paradise
Animal Control
Butte Water District
Skansen Subdivision (CSA 21)
Fire Protect'
_X_ ' Califomia Department of Forestry
Recreation Districts
_ Chico Area Recreation _
Paradise Recreation & Park
Utilities
Biggs/W. Gridley Water
Paradise Irrigation
Thermalito Irrigation
� blic Works Director
�C Building Manager
ALUC
Butte Co. Farm Bureau
Chico
Chico Airport Commission
Durham Irrigation
Richvale Irrigation
Other
Califomia Water Service Co. JZDel Oro Water Co.
Thermalito Irrigation District . _ Other
Themalito Irrigation
L.O.A. PUD
El 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
_ C Trans (Traffic) _
_ orestry (Attn. Craig Carter) _
Central Reg. Water Quality Cont._
Dept. of Water Resources �
Dept of Parks and Rec. _
Caltrans, Aeronautics Program
Dept. of Fish and Game
Highway Patrol
_ Department of Conservation_
Off. of Mining Reclamation _
Off. of Governmental & Env: Relations
Dept.Social Services, Comin.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. OrovilleButte 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
LEAD IN SHEET
FILE NO: 6z -v Ol f� AP# b Sq-- 22 O - 08-3
APPLICANT:
OWNER: '
REPRESENTATIVE:
art q}tilc�\c .
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SIZE: 7.0 c�c�cy
LOCATION: On v%-rkh Sicre- of 6a-2ewi l.-4ne-- , ov. }ht- tisy\or-+4 #4
Co r n cr o4 den 42 RaaA anti f:�QActr i Lane. cast SO4S- Pen" Road.,
RQ rack i Sc
SUPERVISORAL DISTRICT # EXISTING ZONING:a--
ZONING HISTORY:
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION:
APPLICABLE REGULATIONS:
PARADISE
EVANGELICAL : FREE CHURCH
. TEACHING THE WORD
OF TRUTH
2 Tim. 3:16,17
INGMAR JACOBSEN, Pastor (530) 87'-4241
APPLICATION FOR USE PERMIT February 12, 2001
To Whom 'It May Concern:
It is our desire to develop our Church property in three phases.
Phase I. Immediate. Level an area of.about 300 feet square north of our present
sanctuary to use as an athletic field, i.e. ball diamond, soccer field, etc. This would involve moving
7,000 to 8,000 yards of dirt. There would be a cut of about 8 feet at the upper end and about an 8
foot compacted fill at the lower end of the square.
The area would be seeded to a suitable type of perennial grass. Straw bales may be used to
prevent wash. We would build a backstop and wooden -bleachers on each side.
The primary use would be for our congregation and possibly Church league games.
Traffic would not likely be more than we have on Sunday morning. We have adequate parking for
such events.
Phase U. One,to two years. Add lighting and bathroom facilities, approx. 500 sq. ft.
Phase III. Two to five, years. Build a gymnasium of approximately 6,000 sq. ft. It would
include bathrooms and shower facilities.It would be equipped with portable room dividers to
serve as Sunday School rooms for children of Junior to High School age.
Rev. Ingmar Jacobsen, Senior Pastor.
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OROVILLE, CALIFORNIA 95965-3397 a co a �"
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PUBLIC - --
LUNDGREN JOHN A & KATHLEEN C
HEARING 'CLINTON6369 '
', 6368 AMI�RST WAY
MAGALIA
LUND368 959541158 1101 17 04/06/01
RETURN TO SENDER
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• F
55530020000
PUBLIC UREN DAVID & JEAN
5084 PENTZ RD #11 ` t
PARADISE CA 95969 HEARING-- _
UREN084 959691090-1300 29 04/05/01
NOTICE FORWARD TIME EXP Rl N TO SEND
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5246 LAGUNA CT '
PARADISE CA 95969-6650
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