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HomeMy WebLinkAboutUP 06-0026PROJECT SUMMARY SHEET FILE NO.: UP06-0026 PROJECT TYPE: Use Permit APN: 035-114-026; 035-116-006; 007; 008 APPLICANT: Nichols, Milburg, & Rossetto Architects ADDRESS: 5330 Primrose Dr. Suite 248, Fair Oaks, CA 95628 PHONE: 916-967-1340 OWNER: Wynn Memorial, Pastor Adrian Hills ADDRESS: 2446 Wyandotte Ave. Oroville, CA 95965 REPRESENTATIVE: Nichols, Milburg, & Rossetto Architects ADDRESS: 5330 Primrose Dr. Suite 248, Fair Oaks, Ca 95628 PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces LOCATED: across D Street, on the northwest comer of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot or 38 additional parking spaces. PROPERTY ZONED: R -N (Residential - Nonconforming) GENERAL PLAN DESIGNATION: MDR (Medium Density Residential) TOWN/AREA: Oroville 7. 8. 9. 10. 16 17 18 19 20 21 Application accepted: 9/26/2006 . Amount: $ 3954.5 Receipt #: PRJ157 Assigned To: Chris Thomas Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel Sent to Inter -Departmental Review Committee (IDR): Status Letter sent to applicant: Date scheduled for IDR: 10/18/2006 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other Staff Recommends: Approval Denial Date Notices Mailed: Neg Dec. Hearing Number of Notices: Newspaper Publication Date: Neg Dec. Hearing O C Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type Use Permit, Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy of Use Permit to GIS: P G B Yes No DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If applicationris different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: NI�Nv1,s I MF-L�JL& R�ss-E� p�-c'kl-EC03 _ (4 a,.►� ADDRESS: STREET, CITY, STATE, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) 53:3,o '— S -o vVE 2.45 . P -A -11L 04 -V -s , c.A v E-MAIL: TELEPHONE: Lo✓ (2- (�iMf Z-'DE-SiGtJ . coM (q16) 16`1 -1340 NAME OF PROPOSED PROJECT (if any) VI) `( W N M 1F,N10 ?- 1 &L CNN F -C- Ik of ch- D 1 CAW-Ae7T LOCATION OF PROJECT (major cross streets and address, if any) 4 5Tf-G7E7T Acr31P 4 --AU, t5 ?X0 Y— "E, 0-f-0V1l--ti'F, CA - OWNER'S NAME: TELEPHONE: W ` 00 M EF�0 21 AL , P R�� � A D P t A� k�rl L l,Z (57--3,o)!514 - 04 b I ADDRESS: CITY, STATE, & ZIP CODE: 2-44 6 VJ `f P4-) -WTI-F-- 67(?--rjN)► LLiFC,4 ' iVi G S' ZONE GENERAL PLAN [EXISTING LAND USE SITE SIZE (in square feet or acres) R I.1 fl f- G1 W _C" P� 1a �{ r"e T I M,o T Ac, EXISTING STRUCTURES (in square feet) PROPOSED STRUCTURES (in square feet) A P'F[z o K . I p 4 o o 5,'F- CIrW R-e.A4 4vP? RJD'X • `I 10 00 s F 6*0 2 CA4 w / 'FPR V-1 0 6 LOT (Check One) (Check One) PROPERTY IS OR PROPOSED TO BE ERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTSEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE O USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) dvP -11 o� D S Ir . W 0 0'D 'F AM G, art til C --,,C- 570 Pq CAW >� � 1 L Di ►J G WT +1 A Ag(g c'U"Sg<WwS, 2�5 (' YL `S F1cE ASD A Kl'R 1� 1 tFE '(V-a�o b _ ;� CT t r1 C 1.0 Des �1 F* 0.1-(�C�� ( F"Pe K 10 Eg ST*,X&c. � OJ -b 3 gj ��rti l , '� A^t2-K t IJ G LO T Ac�90 S%. r D 50 EST , To TNS N 0 Q-V+k 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 ok futhorization and include the affidavit with this application.) DATE: fit%` -cum5lo� (Si 06 SIGNATURE: K:\FORMS\PLANNING FORMMAPPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page I of 3 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: --II c Iv ,010(.5 �/l Li�U `t, �S�b kP-Q4 1'�GTS Phone Number( I6 )�I6� _ Print Name 5 --33o F(1-1 M ?-a &-e ufz- , 9-0 1 Tc- Z4,1g i F A 1(Z O 14 KS , .CA 95-62-9 Mailing Address is hereby authorized to process the application for A V WOP— M k T- on my property, identified as Butte County Assessor Parcel Number (APN) o �,r 114-02x. QLD 035-116-00(, This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) AbiZ1A-t,J WA Print Name Signature Print Name Signature Architect and/or Engineer% N 1 G1�O US,l M a ?310 RGi15 R-oS.GTTD /iRC% 117FC1 S Phone Number (61(G-) 20 _ j 3 O Print Name of Architect/Engineer 5'3 :�,o 1 (z-1 m w, I %�o ATE 248 , T --NA iz o -P V_S , (�-A ql�-628 Mailing Address FOR OFFICE USE ONLY Verify: Date Received: ❑ AP Number(s) ❑ Owners Authorization ❑ Project Description Taken by: Total Amount Received: ❑ Legal Description ❑ Zoning Requirements ❑ Copies of plot plan Receipt No. PW/LD Plan E.H. CDF NOD/NOE Fees AG. ❑ Archaeological Resources Project Review Fee $60.00 (paid by a separate check, necessary for all discretionary land use projects requiring an environmental review, made payable to the Northeast Information Center) Payment of the currently required Application Fee and/or Deposit (any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". Revised 1/27/05 KAFORMSTLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 2 of 3 BUTTE COUNTY OF BUTTE COUNTY ENVIRONMENTAL INFORMATION FORM 2 6 2006 (To be completed by Project Applicant) SEP DEVELO-pMENT Date Filed SERVJCES GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: W YN W "EM o KI A(l. GNUP-ZA 2446 WY E rpt o9zA Luse eA 'Is -Ur 2. Address of project: D SK1167E Assessor's Parcel Number: 0:;S' -t 5,tutV-- Ar% ., 0 w - 3V) Cc" e7 3. Name, address, and telephone number of person to be contacted concerning this project: 01C. 0V-.,, M 6 L, 50 e & "D ?-o TD , A<O-CIkt 1ez r5 — Mt< %?- t A t3 C, AL UG-K— M 1?-0 .G-K—M1?-0 c -e W9 TiF 24-2 t r-Mte- :*te-S , ale., "lSlo28 - X916)0167-13 0 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: [-)S;t 'PQM tT df� 50TH C,0 5. Existing general plan designation: �AD(2- ME1>A0M 'eT)S,l-N F-E-'Srl t >J -nM - 6. Existing zoning district: g Q , R-��i'� Tf Ate- 00 0 -(.OWN FARM t 0& 7. How is land currently used? `W ALL ?-C'1i bA,�t OC. a 0 0 M S11 N) -e 6,f-* 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: 2 fPV-CAF .S o A5 �, �� P<� - 4!-�-A (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: � Compact: Total:_ 11. Plans attached: Yesy / No 12. Proposed development schedule C$�D M Nte-t> C -;n00 R -t 00-7 13. Associated projects NO 0 i�-- 14. Anticipated incremental or phased development ND ■ Butte County Department of Development Services ■ Planning Division ■ Attach description of project containing the following information: 4/E E cAA-e'> 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons. Change in dust, ash, smoke, fumes or odors in vicinity. or substantial alteration of ground contours. 25. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. _ or quantity, or alteration of existing drainage patterns. 22. Change in pattern or character of general area of project. _ DL 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption ^' (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ ■ Butte County Department of Development Services ■ Planning Division ■ 2 Environmental Setting: (Attach brief description) 'S G f:-:- P TT_&CAA"ffr> fkk07as . 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. N�- Date Sig atur �C k:\planning\forms\submittal\env.doc ■ Butte County Department of Development Services ■ Planning Division ■ 3 1j 0 • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR BUTTE COUNTY 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile SEP 2 6 2006 DEVELOPMENT SERVICES O APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: (�,0'Jq (N16� �� Project Number: �6tj —60 24 Check ne USE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST - The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Plann 1. ❑ b7Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health Willing and Able to Serve Letter from the appropriate utility district El completed cooperative agreement for annexation into a utility district 2. ❑ [D"�A completed, signed 3j9joet-5tormation Form. 0 LAN���� 3. ❑ [D/A complete Project Setting Description (instructions attached). C-V� 4. ❑ E]' If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by t e owner or authorized agent. 5. 1:1A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Cen IC) accompanied by its required topographic map and a check in the amount otIL60.00 ade out to "NEIC". • Applicant Planner 6. ❑ Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: htip•//www.buttecouniy.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. D ��� Applicant's mt�als 7. ❑ � A creation document for the protect parcel and evidence of current property ownership. 8. SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11"x17" and no greater than 24" X 36", folded to 8'/2" x 11". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a. ❑ Name and business address of the applicant, engineer or person who prepared the ma . b. ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. Proposed use and/or uses of the property. d. ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ ©Property lines, lot dimensions and any applicable easements of record or proposed. f. El locations of of and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking on areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage ,systems and lighting. g. ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and a 'cultural crops. h.❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm firains, bodies of water, railroads, and their relationship to the propeqy lines. 1 ❑ Location, height, and materials of walls and fences (sections may be required). J ❑ Internal circulation pattern, if applicable. ❑ Existing and nearest fire hydrants. Vf ❑ pproximate location of all uildi s, w s, se is s and le ch f lds within 100 feet, on ad'acent ro a ><es. m ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• Any existing faults or fractures and geologic hazards. • • P• ❑ 7 levation contours, at an appropriate vertical scale. q• ❑ -Indicate at least one route from the property to a publicly -maintained road. r. ❑ Off-street parking pursuant to county code. S. ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t• ❑ All maps must be clear and legible. Applicant Planner 9. ❑ 43— Building Elevations 10. ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ -El- If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ -'-E3_ Natural areas to be preserved. b. '❑ T-- Proposed cut and fill areas in contrasting colors or patterns. c. ❑ —El Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ID/ Proposed drainage and flood control facilities. e. ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ -'E7_ Natural drainage. g. ❑ --fEl-_ Location of retaining walls, drainage channels and existing structures. h. ❑ El Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or 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. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 Signature: Signature: • A icant/Rep s tative P anner Rec 'ving Application K:\Planning\FORMSWPPLICATIONS\UsePermit_MinorUP.doc Revised 07/26/06 .I L Date: Date: @5T z �U� USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner ❑Com Tete Pre -Application. Review with the Environmental Health Division for on - 1 . P a PP site sewage disposal requirements for the proposed use. The Environmental Healtis' charges a $202.00 fee for this review. (This fee will be applied towards e $404.0 Environmental Health Division fee required at the time of application submitt )._ 2 . ED,"""' A completed, signed, Uniform Application and Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 3. ❑ 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) 4. Ef 0 Thirty-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 '/Z" x 11". The detailed site plan must include: a . Name and address of Applicant, Engineer and/or person who prepared the plan b. Lam' Property lines and lot dimensions c. Assessor Parcel Number(s) and the street address. d. Proposed use and/or uses of the property. e. �P oposed landscaping plan, if applicable. f. 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). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 g. Distances from any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, stone drains, bodies of water, railroads, to the property lines. h, d Location of all slope banks, ponds, creeks, buttes, sloughs, rock outcroppings, natural drainage courses, irrigation canals and existing vegetation worthy of consideration for eservation, such as oak trees. 1. Any existing faults or fractures and geologic hazards. EY/North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. k. plans lans must be clear and legible. � All One copy of 8 '/Z" x 11" transparency reduction of the detailed site plan. OXA vicinity map showing closest major cross streets, zoning and existing land use. After a meeting with a Butte County Planner the following checked items will be required to be submitted at the time of application: (optional) 7. ❑ ❑ One (1) set of colored.plans mounted on foam boards, which shall include an illustrative site plan, illustrative building elevations, and any necessary cross-sections. Portions of this requirement may be waived by the Planning Manager. Portions waved ❑ YES ❑ NO 8. ❑ ❑ One (1) full size reproducible sepia for each sheet in the plan set of the detailed site plan. 9. ❑ ❑ Building materials on a sample board, 8 '/2" X 1 l' 10.VB ailed site plan including the following: a.ding setbacks from the ultimate road right-of-way (front, rear, sides). b.osed and existing on-site driveways and/or roads. c.tion, height, and materials of walls and fences (sections may be required). IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 d. All driveways, drawn to scale, on adiacent and across the street properties within 100 feet of the subject site. e. IJ Existing curbs, gutters, sidewalks and existing paving widths on-site or within 100 feet of the site, on adjacent and across the street properties. f. Typical street section(s). g, [J/OxNearest cross streets on both sides with plus or minus distances from subject site. h. E� EIZAPP roximate location of all buildings within 100 feet, on adjacent properties. I. Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. tK1SVNv PU 8LtG OVLI nUS Oo TV+C- STr-AFIF T j. Existing and nearest fire hydrants. ",a,�E. f 00170S k. pedestrian and vehicular, showing service areas and points of ingress and � Access both egress. 1. L� Internal circulationp attem. IL M. Elevation contours, at a minimum per USGS maps. ISA TI' 1 S FAT - � S�2 6 tl 11. Illustrative Site Plan The plan should include a graphic scale and north arrow, all proposed and existing improvements, landscape concepts such as earth mounding and meandering walkways, walls, ground cover, trees, shrubs, shadows, paving and other elements as may be necessary to illustrate the site plan. (Dimensions maybe excluded from this plan.) 12. ❑ �'P ❑ Conceptual Grading Plan 40 VE I S FLAT" ."D �14 b_(FV1E7_O e E L 1 r L -C OfL tJ o Cry_J � OG PJEQ U M R-,0�D Items to be shown include: 'Der- a. Ee P . a. El�' ❑ Natural areas to be preserved . b. ❑N�11 Proposed cut and fill areas in contrasting colors of zipatone pattern. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 3 C' I� C. ❑ ❑ Existing and proposed contours within 100 feet of project boundaries. d. ❑ �I P ❑ Proposed drainage and flood control facilities. JFUA; . %rc TG- , e. ❑QIP ❑ Erosion control measures (e.g. -slope landscaping). -F(,Af SIT -6 f. ❑ ❑ Natural drainage. g. ❑ ❑ Elevations and finished contours. �,i'T-6 VW t LA-, AA t,) l h. ❑ � I P'- ❑ Location of retaining walls, drainage channels and existing structures. L5 Location elevation and size of proposed building pads. I. � 13. Illustrative Building Elevations Illustrative building elevations showing all sides of existing and proposed buildings and structures. Illustrative building elevations means architectural elevations showing typical materials to be used, trees, landscaping and shadows to give the elevations graphic dimension. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: / �A� �—� - 0H ?- DESgG rJ Ann ' t/Re nt tive Signature: Planner Receiving Application KAFORMSTLANNING FORMS\usepermitchecklist.doc Revised 2/1/05 Date:° f S 0 6 Date:4<_4FP7_. 2,6 IF INSUFFICIENT INFORMATION IS suBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 4 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-0026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026, 035-116-006, 035-116-007, 035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity, of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved.. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit: ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page l .of 7■ The terms and conditions of this Permit shall run with the land .and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its 'own discretion, and following a noticed public hearing, revoke this Use Permit, and/ add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division 1. Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth ' moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the sitb. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report— Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 2 of 70 minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 71 Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to, be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment;, 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise' 5. A merger of Assessor Parcels X035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. _ 6. An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 70 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. 8. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60' dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or. vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ . ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 70 0 14. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or' retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. . Building Division 16. Comply with standard conditions of approved application. All building permits shall comply with all -building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign. an indemnification agreement in 'a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 6 of 70 I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements. of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services.■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 70 9 0 Cp N TEY JA IV 0 8 1008 DE EEEUP NT N1E RACES DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Nichols, Melburg & Rossetto L 5330 Primrose Drive, Suite 248 Fair Oaks, CA 95628 MAR 2 8 2008 Project Title/File Number: USE PERMIT, UP06-0026 CANDACE J. GRUBBS, BUTTE CO. CLERK APN: 035-116-006 1 DEPUTY CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ® A. Negative Declaration $1,876.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ❑ B. Environmental Impact Report $2606.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑E OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # PRJ157, P870 & P1056 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: March 26, 2008 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. • NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 is SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 035-116-006 Project Title: UP06-0026, USE PERMIT Applicant: Nichols, Melburg & Rossetto, 5330 Primrose Drive Ste. 248, Fair Oaks, CA 95628 Contact Person: Chris Thomas Telephone Number: 538-7601 Project Description: Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces. State Clearinghouse Number (If submitted to clearinghouse): 2007112054 This is to advise that the Butte County Planning Commission has approved the above-described project on 12/13/2008 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ❑was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive OrovWei):;At0965 , A Charles Thistlethwaite Division Manager Department of Development Services u Mitigation Measures: Mitigation Measure #1: • All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; E • 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. RECENED FaicAli BAG if Fl L. A.�� 1 MIN -13 3 n--11 ; N ii: CL rTE 0'RG!V3LLF-, C -A A"F-.',R NO W47 E -F.12 P TV .2 1 712006 DIES4 RIPC-1104 e iN,':0 FL'AND, TTLE FflifJU- CODE DEFT CODE ACF -7 CIODEZ CASH CODE AM(DUWf all- pr1j" RECEIVED ON.- ;;fly PkANN04-0 APPL FEES GE -No- -IAMM 4210M� 1010301 :3. moo AND DiFIELOPMEINT GENL Go 0 1411,000.4 ENVIRONMEMI-AL HLTJ H PH FUND C*21 5 4 Ull 3 4614C9,01 1,010M FIRE PUNG APPL FEE FIRE FRT, WEM 01CO Ju 4617240 iolcrill ?47-60- � 071s EM: —El C r-Rl K 70- r- _NG- FES 47OMi- AG12319 —101001 ............ AGMCUILTURAL FEES =.I -461 22CM MIMI -332.60 TOTAL S APPROVED BY RECENED W: AUCATOR-CON TROLLER TREASURER X '2 By: -.1 -!a}4'N-`I .vhte'mas urar ph-JA=�or aanaro=de po �;j k or rut-1--fi3 : 9/26/2006 Butte County Page 1 _ 4:50:03PM Acct Activity for PROJECTS (by Project) For the Period 9/26/2006 thru 9/26/2006 ProjectNumber Site Address Parcel Number ADM 05-10 3028 RODEO AVE 042-050-008 Account Number Amount Pd Date Receipt # Check # 0010-440001-4210900-1010 Total Payments for ADM 05-10 $50.00 $50.00 9/26/2006 PRJ159 6096 UP06-0026 2511 D ST 035-116-006 • Account Number Amount Pd Date Receipt # Check # 0010-470001-4612319-1010.-- $36.00 9/26/2006 PRJ157 3449 0010-460001-461200-10100 $32.50 9/26/2006 PRJ157 3449 0010-540003-4614901-1010 $404.00 9/26/2006 PRJ157 3449 0100-450001-4617240-1010 $347.00 9/26/2006 PRJ157 3449 0010-440004-4611700-1010 $165.00 9/26/2006 PRJ157 3449 0010-440001-4210900-1010 $2,970.00 9/26/2006 PRJ157 3449 Total Payments for UP06-0026 $3,954.50 Payments for All Projects $4,004.50 • ACCT40 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG 330 ATR NO 30866 DATE W3012007 FUND FUND DEPT ACCT CASH DESCRIPTION INVO TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 111 RECEIPTS: PW8 - P870 RECEIVED ON: 11!29 PLANNING APPL FEES GENL 0010 440001 4210900 101001 NODINOE CLEFS FILING FE GENL 0010 470001 4612319 101001 ($50) Project Number Amount of Fee UPC18-A►]28Nl_CHOLS, MELBUR.V & ROSSETTO; APN 035.118-_017,8 FISH & GAME FEES CLERWRECORD 1001:260 10194611 (15001250) PmiectNumber Amount of Fee 0000-8023;-NICHOLS, MELBURG-&-ROSSETTO; APN 035-1 1 8-017 13 $1,80flA0 14.00 TOTAL 2,074.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER 8�B .,, 1 Y• td: white=4reasurer pink=auditor canal --depositor golden roti ---Fele RECEIVED FROM BAG COLIN TY OF BUTTE r•' UDJT>`' R' a CE R.TiFiCATlE AND TREASURER'S RE='CE:If'T O1 OVILLE, CA E''C.APHING 426 FUND EDI SCRIPi1ON 9i'd1,111k. TITLE:- �c�re�ear nxae• ��� i La u•..aa a �� a L.. :au.o� RECEIPTS: P165-5 - P1066 RECEIVED ON: 3119 PLA.W"NNG APPI_ FEES S I E NL ATR NO IATE FUND DEPT ACCT CASH CODE CODE C 0 0 E CODE: 0010 44WO1 42109U13 101001 (1021 5.40013 4614WI ICA11-01 FISH A GAME FEES I iGLEN rI'JRE:CORD 1001 '�?� i0114.W _ 1 ) Project Al�amber ' � Arnouct of Fee �,... r+.i'�,f a?rxf 3309 AMOUlff 20.17 . 97.mi 76.815 TOTAL $ 90AL92 APPROVED BY: RECEIVED BY: AVDITOR-GOWiMOLLER TREASURER i vvI3's4x- re,is u a- -p-r pint:--z4ud- itor oana -,a=-d•npps?iv.r golden 9 BUTTE COUNTY APR 0 2 2008 DEV,- BJP. INTENT SERVICES • EXHIBIT A RESOLUTION 07 - 69 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 06-0026 (Nichols, Milburg, Rossetto & Everett / Wynn Memorial Church) WHEREAS, the Planning Commission has considered Use Permit 06-0026 to establish a church with a seating capacity of 226 persons; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on December 13, 2007; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Nichols, Milburg, Rossetto & Everett/Wynn Memorial Church, Planning Division File No. UP 06-0026, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). • • III. Approve the Use Permit 06-0026 for Nichols, Milburg, Rossetto & Everett/Wynn Memorial Church for a church with seating for up to 226 persons and off-street parking for 45 vehicles on 035-114-026 and 035-116-006, 007, 008, subject to the following• findings and the conditions found in Exhibit `B": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: This project is in accordance with the purpose of the Residential Nonconforming (R -N) zone in which the land lies as quasi public uses such as churches are allowed with approval of a Use Permit, and with the Butte County General Plan designation of Medium Density Residential (MDR), which also allows quasi public uses as secondary uses. With conditions and mitigations, this Use Permit is warranted because the public assembly associated with the proposed neighborhood church is compatible with the project site's residential setting and is found to have no adverse health, safety or welfare impacts.- B. mpacts: B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density; The proposed church would be considerably larger than surrounding residential structures. It does, however, meet the setback requirements mandated by the existing zoning designation, and the proposal includes landscaping that will provide visual screening from adjoining residences. 2. The availability of public facilities, services and utilities; Both water and sanitary sewer services will be provided to the facility by the California Water Service Company and Lake Oroville Public Utility District, respectively. Fire protection services will be provided by the El Medio Fire District. Other services (e.g., Sherriffs Department) or utilities needed to accommodate this project are available. 3. The harmful effect, if any, upon desirable neighborhood character; The surrounding properties are developed with single-family detached residential units. With incorporation of the various mitigation measures and conditions of this permit, the proposed use would not have significant adverse effects on the use or enjoyment of adjacent residential property, as discussed in the Initial Study and summarized in the analysis above. 4. The generation of traffic and the capacity and physical character of surrounding streets; Traffic congestion and parking problems are not evident in the immediate neighborhood. The project will provide 45 off-street parking spaces and such traffic/parking that is generated by the proposed use(s) of the church would be periodic and limited in duration. 5. The suitability of the site for the type and intensity of use or development which is proposed; The site is suited for the project because the existing church will be expanded on property owned by the church that is proximate to water and sewer services, and the zoning and land use designation allows quasi - public uses (such as religious uses) as permitted secondary uses. 6. Any other relevant impact of the proposed use: No significant issues were identified by County Agencies. No comments were received on the Initial Study and Mitigated Negative Declaration for the project. Use permits run with the land; should a future owner wish to exercise this use permit, they would be constrained to its specific terms. The . planning -related impacts of this project appear to be minor in general, assuming all conditions are executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated and maintained would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. With incorporation of the various mitigation measures and conditions of this permit, the proposed use would not have significant impacts to public health, safety or welfare. D. The project does not require the removal of any trees or riparian vegetation. The project will not impact any vernal pools. The project does not entail the removal of any trees or riparian vegetation, nor will it impact any vernal pools. DULY PASSED AND ADOPTED this 13th day of December, 2007, by the following vote: AYES: Commissioners Marin, Leland, Wilson, Nelson and Chair Lambert NOES: None ABSENT: None ABSTAIN: None _• ATTEST: INA BONHAM, Secretary Planning Commission County of Butte, State of California • Nina Lambert, Chairman (Planning Commission County of Butte, State of California EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026, 035-116-006, 035-116-007, 035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. • 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. 0 c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 5. A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. 6. An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. 8. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. 14. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. Comply with standard conditions of approved application. All building permits shall comply with all building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied.I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING December 14, 2007 Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA95628 Re: USE PERMIT: UP06-0026 APN: 035-116-006 Dear Nichols, Melburg & Rossetta At the regular meeting of the Butte County Planning Commission held December 13, 2007, your requestfor a Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces was approved. The Use Permit was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Wednesday, December 26, 2007 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your prof ect or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. • The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. The conditions of approval must be met within sixty (60) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Chris Thomas at 530-538-6706 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, U�1��R(itiry-, Tina Bonham Commission Clerk cc. Wynn Memorial Church PO Box 5274, Oroville, Ca 95966 Terry Tolliver 2232 Misty Hollow Drive, Rocklin, Ca 95765 • EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Ree.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026,035-116-006,035-116-007,035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 1 of 70 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 2 of 70 minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 70 • Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise.. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 5. A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. 6. An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 7■ 0 • 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 7■ 14. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. Comply with standard conditions of approved application. All building permits shall comply with all building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 6 of 70 • I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 70 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7786 Facsimile ADMINISTRATION " BUILDING * PLANNING December 6, 2007 Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA 95628 Re: UP06-0026, APN: 035-116-006 Dear Nichols, Melburg & Rossetto: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces on property zoned R -N (Residential -Nonconforming). 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 December 13, 2007, at 9:00 a.m. This meetingwill 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 Chris Thomas of this office at 530- 538-6706, between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk cc: Terry Tolliver Wynn Memorial Church 1 L' "DRAFT" LEAD IN SHEET vis- 020 PROJECT NUMBER: 6� OOZ AP#(s): O 3 66 �'� oo? APPLICANT: d Z-(- —t A�S-C� OWNER(S):�(, L*UAI L64,0&a- YIA/fG� REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) Afe,—�r— as d- � e FINAL REQUEST: (by project planner) LOCATION: (by counter planner) c� �,,.� . f ��✓ P GD �.�'cTir'o�, d 7' ori-. u ..L) v ' 6> FINAL LOCATION: (by project planner�,A =//6 -DV6 o DDS s ��f EXISTING ZONING: GENERAL PLAN DESIGNATION: SIZE: S SUPERVISORIAL DISTRICT #: DATE RECEIVED: COUNTER PLANNER'S INITIALS: Grt' ASSIGNED PLANNER: Date Proiect Assi ned: IDR Date: to) 12�0 � BUTTE 30 Day Complete: - COUNTY Tentative Hearin Date: SEP 2 6 2006 DEVELOPMENT SERVICES COMMENT DISTRIBUTION LIST Project Number: County Offices and Cities: Planning Division X Assessor's Office - Mapping _ BCAG X Environmental Health _ City of Biggs _ ALUC Building Manager _ City of Chico _ APCD X LAFCo _ City of Gridley _ Butte Co. Farm Bureau X Agricultural Commission _ City of Oroville _ Chico Airport Commission X Public Works/Land Dev _ Town of Paradise _ Chief Administrative Officer X County Counsel Fire Protection: X California Department of Forestry _ El Medio Fire Protection District Domestic Water: S.F.W & P. Agency (OWID) _ Butte Water District _ Del Oro Water Co. _ California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: PG&E North - Chico _ Pacific Bell _ Chambers Cable TV _ PG&E South - Oroville _ Viacom Cable TV Irrigation District: Biggs / West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist. _ Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main _ Skansen Subdivision (CSA 21) Drainage Districts: Sacramento & San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No. 2054 _ Reclamation District No. 2056 State Agencies: CalTrans _ Dept. of Water Resources _ Dept. of Fish and Game Federal Agencies: U.S. Forest Service _ U.S. Bureau of Land Management Other Districts, Agencies, Committees, etc.: K:\Planning\FORMS\APPLICATIONSWIS_Word\Lead-in Sheet Distribution List.doc Revised 09/11/06 0 BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Nichols, Milburg, & Rossetto Architects, AGENT: Nichols, Milburg, & Rossetto Architects FILE #: UP06-0026 DATE: 9/26/2006 APN: 035-114-026; 035-116- 006;007;008 35-116- 006;007;008 PLANNER: Chris Thomas PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. Prior to the issuance of building permits, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ❑ 2. Prior to the issuance of building permits, deed to Butte County in fee simple feet of right-of-way from the centerline of along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement 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 County Improvement Standards. Improve parcel frontage to a street section on to an RS-_ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ 1. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT Nichols, Milburg, & Rossetto DATE: Architects, AGENT: ' Nichols, Milburg, & Rossetto APN: Architects 006;007;008 FILE #: UP06-0026 PLANNER: 9/26/2006 035-114-026; 035 -116 - Chris Thomas PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Nichols, Milburg, & Rossetto DATE: 9/26/2006 Architects AGENT: Nichols, Milburg, & Rossetto APN: 035-114-026; 035 -116 - Architects 006;007;008 FILE #: UP06-0026 PLANNER: Chris Thomas PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. 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. ❑ 2. 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. ❑ 5. 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 for the Building Division. ❑ 6. Proposed improvements shall comply with recorded map conditions applicable to construction. ❑ 7. Proposed improvements shall comply with Public Resources 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, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ I. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 BUTTE COUNTY • STANDARD CONDITIONS FOR USE PERMIT APPLICANT Nichols, Milburg, & Rossetto Architects, AGENT: Nichols, Milburg, & Rossetto Architects FILE #: UP06-0026 DATE: 9/26/2006 APN: 035-114-026; 035-116- 006;007;008 35-116- 006;007;008 PLANNER: Chris Thomas PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile October 2, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Nichols, Milburg, & Rossetto Architects,, UP06-0026 Planner: Chris Thomas APN: 035-114-026; 035-116-006; 007; 008 Location: across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot or 38 additional parking spaces. 30 -Day Complete 10/26/2006 Date of IDR 10/18/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/18/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting 10/16/06, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: Signature: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Department: cthomascthomas@buttecounty.net). Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING October 2, 2006 TO: Enter Agency or Department FROM: Chris Thomas, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Nichols, Milburg, & Rossetto Architects, Use Permit UP06-0026 APN: 035-114-026; 035-116-006; 007; 008 DATE OF Inter -Departmental Review: 10/18/2006 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 10/16/06 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 11/03/06 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 10/18/2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. PROJECT LOCATION: across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot or 38 additional parking spaces.. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: R-N((Residential - Nonconforming)) GENERAL PLAN: MDR(Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Chris Thomas at (530) 538-6706 or send him an email at cthomas@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: Documend 2007=11-07 16:00 Memphis Marriott >> 5305326436 P 1/1 November 6, 2007 Re: Signature Authorization To: Butte County Building Department Attention: Chris Thomas I am Bishop A. Galbraith, Pastor of the Wynn Memorial Tabernacle Charcb Of God In Christ, OrDville, CA. I am away on business and will not return until November 14. In my absence I hereby authorize Deacon Virgil Scott to sign any documents needed as it relates to the Wynn Memorial Church until my return. Respectfu 7 J ", Bishop A. Galbraith, Pastor Wynn Memorial Church Of God In Christ September 14, 2001 Wynn Memorial- -Church of God in Christ, -BUTTE Fallbrook Avenue and "D" Street CoUNTY Oroville, CA 94066 SGP 2 6 2006 -Department of. Development Services j)FVELopMENT Butte County•of Sacramento 7 County Center Drive Oroville, CA 95965 Re: Agent Authorization. To Whom It M.ay 'Concem'. With respect to the -above referenced matter, this letter .is to advise that Nichols, M616urg '& Rossetto; Architects, a licensed architectural firm in the state of, California,. has been retained, under contract, by the. Owner to provide. architectural design services for the above mentioned project. The property is identified as the northwest and southwest corners of Fall.b.rook Avenue and "D" Street in Oroville,'CA, parcel numbers 035-114-026 and 035- 116=006. By these presents,, the Owner authorizes Nichols; Melburg, &'Rossetto; Architects to file for.use permits, building permits, variances; certificates of substantial completion, and any other documents necessary for the construction of the said project. This authorization ,is limited to the above-described activities. All inquiries regarding this project may be directed to Brian Everett, Principal, Nichols, Melburg & Rossetto, Architects, 5330 Primrose Dr.., .Suite 248, Fair Oaks, CA 95626. The telephone number is (916) 967-1340 and the FAX number. is (916) 967-1410. . Sincerely, Pastor.Adrian Hills. Wynn. Memorial Church of Christ in -God. Cc: Nichols, Melbu•rg :and Rossetto, Architects. NAME ADDRESS CITY STATE ZIP APPLEGATE FAMILY TRUST 2041 APPLEGATE LN DURHAM CA 95938 ASBURY ROBERT & DANIELLE PO BOX 336 POTTER VALLEY CA 95469 BECK JANET` ETAL 3411 FALLBROOK AVE OROVILLE CA 95966 BRAZIL MARCIA L ` 3357 ROSEBEN OROVILLE CA 95966 BROWN CYNTHIA 2479 D ST OROVILLE CA 95966 CABRAL JOHN & JOAN 3934 ORD FERRY RD CHICO CA 95928 CHAIT PAUL N 24 JOSEPH CT SAN RAFAEL CA 94903 D & L ENTERPRISES 1720 NORD AVE CHICO CA 95926 DAVIDSON WILLIE & LAVERNE (ESTATES OF) 2202 V-7 RD OROVILLE CA 95966 DETTERVILLE HILDA 3117 HUNTSMAN DR SACRAMENTO CA 95826 DUNLAP BILLIE JO 2685 D ST OROVILLE CA 95966 FATHER'S HOUSE CHURCH OF OROVILLE INC 29 RIDGEVIEW LN OROVILLE CA 95966 FILBECK LAURA RENEE & JOE WILLIAM 2450 C ST OROVILLE CA 95966 GABRIEL BARNEY J JR & ELIZABETH K BARBER 3360 COLUMBIA AVE OROVILLE CA 95966 GRIGSBY HOME W & SANDRA L LIVING TRUST 2435 D ST OROVILLE CA 95966 HILL JESSE L & DOLORES 2635 SPENCER AVENUE OROVILLE CA 95966 HILL JESSE L & DOLORES JT 2492 ELGIN STREET OROVILLE CA 95966 HILL RALPH G & ROSE M JT 2511 D ST OROVILLE CA 95966 HOBBS BUDDY 2418 ELGIN ST OROVILLE CA 95966 HUERTA ANASTASIO R & CALIXTO MARIA D 2475 C ST OROVILLE CA 95966 HUSTON RICHARD DAVID & LISA ANN 31 WALNUT AVE. OROVILLE CA 95966 JONES MARILYN J P 0 BOX 5603 OROVILLE CA 95966 JR INVESTMENT PROPERTIES INC 5155 WARING RD SAN DIEGO CA 92120 LEWIS JOHNNIE MAE 2475 ELGIN ST OROVILLE CA 95966 LOWRY RICHARD & RUTH ANN 3434 COLUMBIA AVE OROVILLE CA 95966 LUALLEN JOHN D & SUSAN LEA CP 2602 CHICO RIVER ROAD CHICO CA 95928 MARQUEZ FAMILY TRUST 4115 FOOTHILL BLVD OROVILLE CA 95966 MOENCH DAVID R ETAL P 0 BOX 2024 OROVILLE CA 95965 MURRAY RHONDA JENKINS 2619 ELGIN ST OROVILLE CA 95966 ODONNELL LAN N & DENNIS D PO BOX 5958 OROVILLE CA 95966 ORSILLO MARK STEVEN & VICKI 29 RIDGEVIEW LN OROVILLE CA 95966 ORSILLO MARK STEVEN & VICKI L 29 RIDGEVIEW DR OROVILLE CA 95966 OVERSTREET ROY G & NANCY JT 3475 ROSEBEN AVE OROVILLE CA 95966 BRIAN EVERETT, PRINCIPAL NICHOLS, MELBURG& ROSSETTO, ARCHITECTS 5330 PRIMROSE DR., SUITE 248 FAIR OAKS CA 95628 PADILLA JORGE F & LINDA S JT 2585 ELGIN ST OROVILLE CA 95966 PHILLIPS LOUISE PO BOX 555 OROVILLE CA 95965 PINEDA ALEJANDRO P 0 BOX 1596 PARADISE CA 95967 RIVERA FRANK FLORES 2530 C ST OROVILLE CA 95966 ROGERS MARY 2595 C ST OROVILLE CA 95966 RUIZ HILARIO & YOLANDA 3350 COLUMBIA AVE OROVILLE CA 95966 SAEPHAN SEN C 8016 MACARTHUR BLVD APT A OAKLAND CA 94605 SANDERS JEROME & BEATRICE PO BOX 6231 OROVILLE CA 95966 SCRUBY DAVID & VICKIE REVOCABLE TRUST 50 WALLY B LN OROVILLE CA 95966 STAR PACIFIC INVESTMENTS INC 89 SULLIVAN DR MORAGA CA 94556 STATON CLINTON W 866 COLUSA AVE OROVILLE CA 95965 TASSIO ANTHONY L 2091 DUBLIN WAY SAN MATEO CA 94403 THAD HUA & VANG VUE 3466 COLUMBIA AVE OROVILLE CA 95966 THOMAS CURRY JR REVOCABLE TRUST 3163 BURLINGTON AVENUE OROVILLE CA 95966 VALENTINE JASON & EMMA JT 2457 ELGIN ST OROVILLE CA 95966 VANG CHANG T 2413 V-7 RD OROVILLE CA 95966 WAGNER ROY S & RENE L 2594 C ST OROVILLE CA 95966 WAGNER SHERIDAN R & RENE L JT 2594 C ST OROVILLE CA 95966 WHITFIELD SARAH 2596 C STREET OROVILLE CA 95966 WILSON RICHARD & HARRIETT P 5505 ADELINE ST OAKLAND CA 94608 WOODSON GAIL M PO BOX 5214 OROVILLE CA 95966 WYNN MEMORIAL CHURCH OF GOD IN CHRIST P 0 BOX 5274 OROVILLE CA 95966 P" El 2"— zs I RJ socae I I � I oasan uwr� w, �� I a ':� W �I I Imwr< I g �I� I LI �'°.eoroxi mu•on 6 I R 1 n I 1 1 µ ,--e — I 1 1 u 1 s I J..': > I Q LL �= rwx o»-lu-ose u. 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PARKING CALCULATION n' sn`�i–y�na>.. se Imaa+m snu se srwlu • re swton m e��mxwsw�`,nnsw,ce �c�. �wewnce>reue �M4OKMm.AIIXeltl Siel1D.RWLm TYPICAL STREET SECTION FALLER K AND "D" STREETS ■O■ oaWpin o 2m ?s,=Zc•=��mFraa NICHOLS MELBURG ROS�,�/��TTO EVE7CbTT SID FKhhO68 O$ SiR18 3■ FAM OAM aUnK¢ue » 016) %7-tFlo FAR 0161 ■O■ COR40LT1N19 ■o■ u� srelas ■0■ P80f6T P� A Proposod MEE'nNGHOUSE Fm WYNN MEMORIAL CHURCOi OF GAD ON CHRIST D UrRMT OWVXM G 31E PLM\ ■o■ mum+c sreTus PREUMNARY DESGN ■o■ �vsmes B1m DuvlDtbn By mb f4eeboe fry 61T Oeb me.n w.r aaro smm r . scv bE Na 9OI sl>�rr ea SDI.1 .o. ,.:;st : Printer -Friendly Street Map Page 1 of 1 r WWW.MAPQUEST.00 < Back113 Print Options C St V Grsenv:ills°St Orap` n\ge(� : Oroban er W.. 1 9 Id 'rasSt w° R D �' a PL V7.Rd- Grova St ie I V6<Rd I 1a uest.00m Inc.• 02001 GDT Inc. 'Q .'K olIIWay".. j, All Rights Reserved. Use Subject to License/Copyright,�V,qj EMOMM This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. :2x9wb5d480&SNVData=3mad3-h.fy%28a15hza%29uandwbs%24tw2%28%3aU%13N%12I'9/14/01 013ERMIT NO.: 66-06 Lake Oroville Area Public. Utility District 1960 Elgin Street OROVILLE, CALIFORNIA 95966 (530) 533-2000 DISTRICT APPROVAL AND VERIFICATION OF BUILDING SEWERS INSPECTION This verification form must be submitted to the Butte County Department of Public Works Building Department prior to issuance of a building or occupancy permit, whichever is applicable. Prior to final approval of a Building or an Occupancy Permit by Butte County, a copy of this verification form, signed off.by Lake Oroville Area Public Utility District, must be submitted to Butte County. Date: September 20, 2006 Applicant: Adrian Hills -Wynn Memorial Applicant Address: P. 0. Box 5274, oroville, CA 95966 Applicant Phone No.: office - 533-90.29. cell - 514-0481 2525.D St., oroville, CA 95966 Property Locations(s): El Medio Subdivision No. -2 A. P. No.(s): 035-116-007 Fees due: To be determined by fixture count. New church connection. Application for service approved: LAIC h UKU V 1LLL; PA<EA PUBLIC UTILITY DISTRICT Inspection(s) made and successful test(s) observed: Location: Date: By: Lake Oroville Area Public Utility District release to close permit: Date: By: ❑ - In Service ❑ - Locked Out gUT'�L • 1 I COUNTY SEP 2 6 2006 ol;so tNT White - Customer Green - Office Fina/ Yellow - Customer Fina/ Pink -FOS Final Gold -FOS £©' CALIFORNIA WAS SERVICE COMPANY 0 1905 HIGH STREET OROVILLE, CA 95965.4938 (530(533-4034 F (530(533.4085 September 18, 2006 Chris Tolley Planner Associate Department of Development Services Butte County OROVILLE DISTRICT Dear Chris The site set for the construction of Wynn Memorial Church of God in Christ at 2525 D Street is currently served by California Water Service. We have the water capacity to meet their needs and our service is available to new customers. If there -questions please call. urr C , SEP 2.6 2006 DIEyLLOp Greg Silva S.E.R11ciS NT Superintend, Oroville District California WatefeSefvice Co. 530-533-4034 DISTRICT OFFICES: ANTELOPE VALLEY • BAKERSFIELD • BEAR GULCH • CHICO • DIXON • DOMINGUEZ • EAST LOS ANGELES • HERMOSA-REDONDO • KERN RIVER VALLEY • KING CITY • LIVERMORE - LOS ALTOS SUBURBAN • MARYSVILLE • MID -PENINSULA • OROVILLE • PALOS VERDES • REDWOOD VALLEY • SALINAS • SELMA • SOUTH SAN FRANCISCO • STOCKTON • VISALIA • WESTLAKE • WILLOWS fu V Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIC) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $60.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $60.00 Records Search fee along with any related fees associated with non- payment (returned check charges, etc.) paid in full to NEIC. AV4�� ��be, srI o p c t Si nat a Da e M Y� 1 A113 &A r, u=R- G4,n O/D 0 Ce -6 J A"Iff-TTO Ar�H-t Tars Applicant PRINTED Name Check Number Planner, File Number K:\Arch Form Final.doc KAFORMSTLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countemopy.doc Page 3 of 3 eb ti -lip TerraServer Image Courtesy otl 1e USGS Page 1 of 1 Send To Printer Back AraServer Change to 11x17 Print Size Sh �d Lines Change to Landscape MUSGS South Oroville, California, United States 01 Jul 1970 1`40•. A. 1 96 Centel ♦ -=` Seb A VE -- 0% ._. r' . . . . . . . . . . -71 k�i• t 0' 200M 0' ' 201 Image courtesy of the U.S. Geological Survey © 2004 Microsoft Corporation. Terms of Use Privacy Statement http://terraserver.microsoft.com/PrintImage.aspx?T=2&5=11 &Z=10&X=1563&Y=10932... 8/11/2006 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-2140 Facsimile www.buffecounty.net/dds www.buttegeneralglan.net ADMINISTRATION " BUILDING' PLANNING MEMORANDUM 71 TO: Northeast Information Center, Chico FROM: Chris Thomas, Associate Planner SUBJECT: Review for Use Permit UP06-0026 to allow a new church at the corner of D Street and Fallbrook Ave. (APNs 035-114-026, 035-116-006, 007, 008), just south of the City of Oroville. DATE: August 17, 2007 TOTAL No. Pages: 4 Thanks very much for expediting this. Chris Thomas 538-6706 cthomasCcD-buttecounty.net Environmental Information Form 15. N/A 16. N/A 17. N/A 18. The proposed project will replace an. existing church facility with a larger facility capable of accommodating a growing congregation. The present building seats approximately 100 attendees: The proposedproject will seat up to 226 and provide needed classroom and restroom facilities. The impact on the surrounding neighborhood, due to a lack of on=site parking stalls, will be relieved by the proposed construction of 4 "On site parking stalls on the property directly across the street and adjacent to the building. The staff consists of the pastor, who lives in the adjacent neighborhood. There are no employees working within the building. The church provides a place for worship, teaching of moral values and a source of community service. It provides. ✓,an anchor and meeting place within the community. The proposed building's design, in character and scale with the surrounding development, along with the proposed landscaping, will beautify and add to the property values of the surrounding neighborhood. 19. The property is zoned RN, Residential -Non -Conforming. This particular zone does allow for the construction of a church with a conditional use permit. As part of the use permit, an environmental information form is provided. , � j � r�►•a � �� .. per.- . ta•? 04 0 ti orlow v! A i t" 1 ! T, ..'ti .y. SR i ' ✓' Y 'St• _ 1 r*..... .ti{yt ' L Taw 47 ActT. * , yr A , R�..r ,. �\i�; • .,� • � • .... / •,y��4ra ,. `- 0t,� ��J Wynn Memorial C.A.I.C. Oroville, CA Photographs 0 09/12/06 Looking northeast across D Street at existing Church building site. View of main entry looking northwest. own •✓ •3 b (yr Vi! wr r ., R 50 ' : ji' �" ^'�-•' :, : " My t`• Pis '���t � :\�' f -f _.- 'y • � • � "' L.G. �"-'�.' �' :._� � ;{ .� �+aF " �' ` ... Vis..";`�,'� "yP _� "`. '�", 4 -� ,�:,';►Y y t�,�r :S�i C.; .1..-.,��� • ^ .�i' ', :• . lr .rr)✓f..yrt ,, w �"<� � ,7 '' �' � �� ,.N { _f'R•� ,� it,y r_�}- ��' yj �.-'t 'i.' 1•'•i�`it Looking northeast at intersection of D Street and Fallbrook. Wl er �: ,� ����' 1. �,�•� �� , ti�;. � �, � - .+ att � � - ,�''' _ w � • ' `t �' .<�' ev,, .,% ` � r r. :. �~ ?, tet= ;i• �.`• . -r. IL .�!`. ��� . V n., % /� .--,moi _ i� '��-iT ��^.' - � .- -_ � •�� 'L Ilii' Wynn Memorial C.A.I.0 Oroville, CA Photographs • 09/12/06 Looking northwest from Fallbrook at alley behind existing Church. View of existing Church building looking west from Fallbrook. Wynn Memorial C.A.I.C. Oroville, CA Photographs • 09/12/06 Alley behind existing Church building, facing towards the west. Ir •'�' j "f'3Aga � � � f�li�'h9 ` � f, ' dam ^ •• i� c� v n5b AM Looking south on Fallbrook along east property line. Wynn Memorial C.A.I.C. Oroville, CA Photographs • 09/12/06 Looking northwest from Fallbrook south of D Street, at proposed new Church site on vacant lot across from exisiting Church building. 0 -U- QOc U Street looking southeast at proposed Church site across from existing Church. V ,,TTE COUNTY 17 2008 DEV17,OPMENT N t C H O L S MELBURG ROSSETTO ARCI II'I'I:C'I'SI1: NGI N I: 1:1t5 5330 Primrose Drive suite 248 Fair Oafs, CA 95628 (916) 967-1340 (916) 967-14 I 0 fax www.nmedesign.com Project No: none LETTER OF TRANSMITTAL DATE: January 10, 2008 TO: Butte County Development Services 7 County Center Drive Oroville, CA 95965 Attn: Chris Thomas FROM: Brian Everett/SS PROJECT NAME: Wynn Memorial COGIC RE: Use Permit VIA.: ® Standard Mail ❑ Copy to follow by mail TRANSMITTED AS FOLLOWS: ® For your review ® For approval REMARKS: Please find attached 2 (two) signed copies of the Use Permit for the Wynn Memorial Church for your records. If you have any questions, please do not hesitate to call. Thank you. -Oti'\C�i� tC�S t -ll e - it) �� r Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING December 14, 2007 Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA95628 Re: USE PERMIT: UP06-0026 APN: 035-116-006 Dear Nichols, Melburg & Rossetta MCEIVED 1 (0) 237 a� "�M, -C-ECTS At the regular meeting of the Butte County Planning Commission held December 13, 2007, your request for a Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces was approved. The Use Permit was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Wednesday, December 26, 2007 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. The conditions of approval must be met within sixty (60) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Chris Thomas at 530-538-6706 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, UY10. Ur-, Tina Bonham Commission Clerk cc. Wynn Memorial Church PO Box 5274, Oroville, Ca 95966 Terry Tolliver 2232 Misty Hollow Drive, Rocklin, Ca 95765 USE PERMIT BUTTE COUNTY PLANNING COMMISSION BUTTE COUNTY JAN 17 2008 DF VELOPMENT SERVICES DATE: (Certified Mail Rec.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026,035-116-006,035-116-007,035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 1 of 7■ 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division 1. Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 2 of 70 minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 70 Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 5. A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. 6. An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior;to the issuance of the final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 7■ 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 70 14. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. Comply with standard conditions of approved application. All building permits shall comply with all building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 6 of 7■ I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Ap 'cant SignatureoK Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 70 BUTTE COUNTY JAN' 17 2008 EXHIBIT B DEVELOPMENT SERVICES USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026, 035-116-006, 035-116-007, 035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of -226 persons, consistent with the attached site plan and conditions specified herein. 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, includirig 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 five years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application,. fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for ' processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 1 of 70 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither'the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ Wage 2 of 70 minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal 'the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the, disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ '. ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 70 Monitoring: The Department of Development. Services shall ensure that the note is placed on a separate document which is .to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. . Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with, no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel. engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would . manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map'sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during ,all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 5. A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. 6; An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 7■ 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating. parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. 8. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally. accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 70 14. Prior to the issuance of use permit, a plan fof a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. . Comply with standard conditions of approved application. All building permits shall comply with all building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to. sign' an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 6 of 70 I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated:' Applic t Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other. requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office N P Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 7■ Receipt Number: P870 BUTTE COUNTY RECEIPT Printed: 1/4/2008 7 County Center Drive 8:26 am Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Permit Number: UP06-0026 Job Address: 2511 D ST Applicant: Nichols, Melburg & Rossetto Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,800.00 DPCR Record Fee Notice of Dtrm 0010-470001-4612319-1010 $14.00 Total Fees Paid: $15814.00 Date Paid: 11/29/2007 Paid By: WYNN, MEMORIAL CHURCH Pay Method: Check 3835 Received By: DEL Receipt Number: PRJ157 BUTTE COUNTY RECEIPT Printed: 1/4/2008 7 County Center Drive 8:27 am Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Permit Number: UP06-0026 Job Address: 2511 D ST Applicant: Nichols, Melburg & Rossetto Fee Description Account Number Fee Amount Notice of Determination/Exempt 0010-470001-4612319-1010 $36.00 Use Permit plus EH Fee -AG 0010-460001-461200-10100 $32.50 Use Permit plus EH Fee -EH Use Permit plus EH Fee -FR 0010-540003-4614901-1010 $404.00 0100-450001-4617240-1010 $347.00 Use Permit plus EH Fee -LD 0010-440004-4611700-1010 $165.00 Use Permit plus EH Fee -PL 0010-440001-4210900-1010 $2,970.00 Total Fees Paid: $39954.50 Date Paid: 9/26/2006 Paid By: WYNN, MEMORIAL CHURCH Pay Method: Check 3449 Received By: CJT F OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitted: 11/21/07 Department: DDS -Planning From: Department Head Signature Contact Person: —Stacey Jolliffe_ Phone Number: 6572 Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED —X Other. Briefly explain the assistance requested: Review legal aspects of the attached agenda reports for December 13, 2007, Planning Commission meeting: CUP06-0026 TPM07-0001 (Vang) TPM06-0034 (Gregory) —forthcoming Tuesday 11/27 PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High Moderate — X_ Indicate due date when high priority_ Low Comments: Principal Planner and Planning Manager are out of the office Until October 3, 2007—please provide comments directly to the project planner noted above. Comments are requested should be received no later than December 3, 2007 to be incorporated into packets for the 12/13 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes ❑X No If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: Revised 3/06 Thomas, Chris From: EI Medio Fire [emfdfire@sbcglobal.net] Sent: Tuesday, October 23, 2007 11:09 AM To: Thomas, Chris Subject: building permit Page 1 of 1 Mr. Thomas Per our telephone conservation, I have no objections to the building of the new Church at Fallbrook and D sts. No special requirements. The Fire hydrant dose not have to be moved accros the street. Fire Chief Michael Ohlhausen 10/23/2007 rr� Northeast + BUTTE Northeast Center of the } he GLENN SIERRA OU LASSEN California, Historical Resources MODOC SUTTERTEHAMA PLUMAS Information. System SHASTA TRINITY Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 ATTN: Mr. Chris Thomas Olifornia State University, Chico Building 25, Suite204 Chico, California 95929-0377 Phone (530) 898-6256 Fax (530) 898-4413 fleiflfocfltr@csuchico.edu August 17, 2007 I.C. File # L07-28 Project Review RE: UP 06-0026/ Myrian Galler/.APNs: 035-114-026, 035-116-006, -007, -008 719N, R4E, Section 17 USGS Palermo 7.5' and Gridley 15' quads Approximately 10 acres, estimated from project map (Butte County) Dear Mr. Thomas, In response to your request, a project review for the.project cited above was conducted by examining the official maps and records for archaeological sites and surveys in Butte . County. Please note, your request was sent to an old address. BUTTE COUNTY AUG 2 3 2007 OEVELOPAI,E.NT SERVICES RESULTS: Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area or vicinity. The project is located in a region utilized by Konkow Maidu populations. Unrecorded prehistoric cultural resources may be located in the project area. Historic Resources: According to our records, no sites of this type have been recorded in the project area. However, two sites of this type have been recorded in the project vicinity, consisting of the Oroville Dredge Fields, a ditch, and tailings. Additionally, historic mining activity has been informally documented within the project vicinity. Unrecorded historic cultural resources may be located in the project area. The USGS Gridley 15' (1952) quad map indicates that the project is located in South Oroville, while Burbank School, Myers Street, Roseben Avenue, Wyandotte Avenue, .Lincoln Boulevard, roads, and structures are located in the project vicinity. The project is located in the historic Oroville gold mining district. Previous Archaeological Investigations: According to our records, the project area has not been previously surveyed for cultural resources by a professional archaeologist. Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places - Listed properties and Determined Eligible Properties (1988, Computer Listings 1966 through 7-00 by National Park Service); California Register of Historical Resources (2007); California Points of Historical Interest (1 992);� California Investigation of Historic Resources (1976); California Historical Landmarks (1996); Directory of Properties in the Historic Property Data File for Butte County (2007); Handbook of North American Indians, Vol. 8, California (1978); Historic Spots in California (1966); Gold Districts of California (1970). RECOMMENDATIONS: Based upon the above information, the project appears to be located in an area considered to be moderately sensitive for prehistoric and historical resources. The project area is located in a region utilized by prehistoric and historic populations. Native American populations used the local region for seasonal and/or permanent settlement, as well as for the gathering of plants, roots, seeds, and hunting seasonal game. Historically, Euroamericans utilized the region for mining, farming, and cattle ranching. No portion of the project area has been previously surveyed for archaeological or historical resources. 2 Therefore, due to a lack of prior survey in the project area, we recommend that Butte County planners consider requiring a professional archaeologist be contacted to conduct a cultural resources survey of the project area. The project archaeologist will be able to offer recommendations for appropriate preservation and/or mitigation measures for any new cultural resources encountered as a result of the field survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding traditional cultural properties that may be located within project boundaries for which we have no records. This person may also want to consult historic General Land Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. During any phase of parcel development, if any potential prehistoric, protohistoric, and/or historic cultural resources are encountered, all work should cease in the area of the fmd pending an ekamination of the site and materials by the project archaeologist. This request to cease work in the area of a potential cultural resource find should be made a condition of project approval. This condition is intended for. accidental discoveries made during construction activities, and does not replace the need fora Phase I investigation which assists planners and developers in meeting California Environmental Quality Act (CEQA) obligations during the Initial Study planning phase. The recommendation for a Phase I Cultural Resource Evaluation enables the lead agency to fulfill their obligations under CEQA to identify potentially significant historical resources. A Phase I investigation includes background research (record search), a field inspection, and reportdocumenting the presence or absence of prehistoric or historic features, buildings, or archaeological sites. If potentially significant sites are identified during the Phase I investigation, further work may be necessary to determine site significance as well as appropriate protection or mitigation measures. The charge for this record search is $75.00 (1 hour of Project Review time @ $75.00 per hour). An invoice from the CSUC Research Foundation for billing purposes will follow. Thank you for your dedication preserving Butte County's and California's irreplaceable cultural heritages, and please feel free to contact us if you have any questions or need any further information or assistance. Sincere y, &im. Roeder, M.A. Research Associate ,OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 17 06-11-07 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT PROJ.REVW. FHWA000207A 03/07/00 6Y 151108 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. •DOE -04-00-0040-0000 03/07/00 2S2 ' PROJ.REVW. FHWA000207A 03/07/00 2S2 151094 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0036-0000 03,/07/00 2S2 PROJ.REVW. FHWA000207A ' . . 03/07/00 2S2 151043 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0017-0000 03/07%00 2S2 PROJ.REVW: FHWA060207A 03/07/00 2S2 151091 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P' HIST.RES. DOE -04-00-0034-0000 03/07/00 .2S2 PROJ.REVW.. FHWA000207A 03/07/00 2S2 151093 - COAL CANYON, RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE, P HIST.RES. DOE -04-00-0035-0000 03/07/00 2S2 -. 099030 2363 D ST SUE GIBSON HOUSE,MOORETOWN RANCHER OROVILLE P 1930 PROJ.REVW. PROJ.REVW. FHWA000207A BIA951214A 03/07/00 12/27/96 2S2 6Y 090554 FEATHER RIVER' LONG'S BAR OROVILLE U HIST.RES. SPHI-BUT-012 12/21/81 7L 090557 FEATHER RIVER BLVD CHINESE CEMETERY OROVILLE U HIST.RES. SPHI-BUT-014 03/01/82 7L 090558 FEATHER RIVER BLVD JEWISH CEMETERY ' OROVILLE U HIST.RES. SPHI-BUT-015 03/01/82 7L 163411 860'GARDELLA AVE OROVILLE P 1940 PROJ.REVW. HUD060922K 09/25/06 6Y 147932 400 GLEN DR BUTTE COUNTY MOTHER ORANGE TREE OROVILLE S 1856 HIST.RES. SHL -1043-0000 05/12/05 1CL - ST.HS.LDMK 04-0014 07/14/04 7J 164302 3265 GLENN AVE OROVILLE P 1955. PROJ.REVW. HUD061207E 12/07/06 6Y 050116 400 GLENN DR BIDWELL BAR BRIDGE AND'TOLL HOUSE; OROVILLE S 1856 HIST.SURV. 5965-0011-0000 7N . HIST.RES. SHL -0314-0000 07/12/39 7L 150377 2050 GRAY ST `,. OROVI-LLE P 1910 HIST.RES. DOE -04-04-0005-0000 11/29/04 6Y PROJ.REVW. HUD040920H 11/29/04 6Y 161660 2145 GRAY ST OROVILLE P PROJ.REVW. HUD060306I 03/15/06 6Y '162727 1640 HAMMON'AVE OROVILLE P 1952 PROJ.REVW. HUD060726B 07/28/06 6Y 150622 719 HIGH ST OROVILLS P ;1905 HIST.RES. DOE -04'-04-0007-0000 03/05/04 6Y PROJ.REVW. HUD040269B 03/05/04 6Y 050097 2189 HIGH ST WESTERN PACIFIC RAILROAD DEPOT OROVILLE P 1910 HIST.SURV.' 5965-0008-0000 7R 163440 38 HIGHLANDS BLVD OROVILLE P 1946 PROJ.REVW. HUD060922L 09/25/06 6Y 050110 1337 HUNTOON ST GEM SALOON BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0013 07/28/83 1D 050111 1341 HUNTOON ST HENDEE & GASKILL BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0014 07/28/83 1D 050113 1359 HUNTQON ST GRAY NURSE HARDWARE BUILDING OROVILLE P 1875 HIST.SURV. 5965-0009-0016 07/28/83 1D 151171 7981 HWY 70 OROVILLE P 1947 HIST.RES. DOE -04-00-0056-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151172 7983 HWY 70 OROVILLE P 1947 HIST.RES. DOE=.04-00-0057-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151168 8002 HWY 70 OROVILLE P 1910 HIST.RES. DOE -04-00--0053-0000 03/07/00 6Y • PROJ.REVW. FHWA000207A 03/07/00 6Y 151169 8098 HWY 70 OROVILLE P 1930 HIST.RES. DOE -04-00-0054-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 150938 12 LA MEDIA DR OROVILLE P 1950 HIST.RES. DOE -04-04-0008'-0000 07/29/04 6Y PROJ.REVW. HUD040716J 07/29/04 6Y 090555 LINCOLN BLVD OROVILLE CEMETERY OROVILLE U HIST.RES. SPHI-BUT-013 03/01/82 7L 050096 1215 LINCOLN ST .FONG LEE CO, FONG LEE OROVILLE P 1924 HIST.RES. NPS -82002173-0000 03/11/82 1S 162734 1356 LINDEN AVE OROVILLE P PROJ.REVW. HUD060518B 07/12/06 6Y . 074310 45 LOWER HONCUT RD OROVILLE U 1945 PROJ.REVW. FHWA021003A• 12/16/02 7K HIST.RES. DOE -04-92-0001-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 164301 2490 MCCLELLAN AVE OROVILLE P 1944 PROJ.REVW. HUD061207D 12/07/06 6Y ' 144734 2530 MCCLELLAN AVE OROVILLE P HIST.RES. DOE -04-03-0053-0000 10/21/03 6Y ' PROJ.REVW. HUD031008H 10/21/03 6Y 098973 2275 MESA AVE OROVILLE P 1930 PROJ.REVW. HUD950823C 12/27/95 6Y 074301 1013 MIDDLEHOFF LANE OROVILLE U 1928 PROJ.REVW. FHWA911206E 01/21/92 6Y 164300 13 MIDWAY DR OROVILLE P 1954 PROJ.REVW. HUD061207C 12/07/06 6Y 141619 22 MIDWAY DR OROVILLE P HIST.RES. DOE -04-03-0045-0000 07/02/03 6Y . Aug 17 2M 2 54PM NoT theast ln#elfn.atio� Can e" No 2255, p � Northeast Information Center California Historical Resources Information System CALIFORNIA STATE UNIVERSITY, CHICO Building 25, Suite 204 C71ICO, CA 95929-0377 (530)-",M256 FAX,-. (530) 898-4413 Send to: Chris Thomas From: Mlm. Roeder Dept/Title: Butte County Planning Department Dept/Title. NEIL voice Telephone: 53453&6706- hate: August- g7, 2W7- 40- Fax fa4uml3er: 5343 B3&22L55m Time; 2:p Totat pages,. inclu.cli.ng covor.. 5 pp.. Comments. Project -Review for. UP064=6/ M.yrian Gauen/ Nichols,. M.elburg i3s Rosetto Ilrchltect Please do not hesitate to contact me if you have any questions. Best, Mini. Roeder A8.17. 200 2:-4PM NOT#ileass t iflf0rfita110fl ce11'ter No.2255 P. 2 t, 1, Northeast Center nia.State University, (I'lic{a. wilding oftht GLEN Si€RRA 25, SuiteZ F� 1 Historical cal.���rm Historical Resources LASSEN SISKJYOU SUTTER fl}iLo California 95929-%i3]] '. M000.C. TEHAMA i _ . Phone (530) R)8 {25(, p 4� �1r`llooffnCil$ oin Spstem PLUMAS SHASTA Ti MITY Fax (530) 898-4413 IIQIAfowiroi)S fMY Butte County Department- of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 ATTR: Mr. Chris Thomas August 17, 2007 I.C. File #- L07-2-8 Project Review RE.. UP 06-0026/ Myrian Galler/ APNs: 035-114-026, 035-116-006,-007, -408 T l 9N, R4E, Section 17 USGS. Palermo 7.5' and Gridley 15' quads Approximately 10_ acres,. estimated. from project map (Butte. County). Dear 'Mr. Thomas, In response toyour request, a project review for the project cited. above. was conducted by examining the official maps and records for archaeological sites and surveys in Butte County. Please. note, your request was. sent. to an.old address„ Aug-! 7.... 2007,. 2.:..5:5AM X1.0.; theas.t, i.A#.or"_a.t.i.o.� Cefit.eT X1.0....225:3. • f.. I • RESULTS: r� Frehistorie Rem : According to our records, no sites of this type have been recorded in the project area or vici ity. The project is located in a region utilized -by Koriko-W Maidu populations.. Unrecorded prehistoric cultural resources may be located in the project area. Historic. Resources: According to. our records, no sites. of this. type. have been recorded M. the project area. However, two -sites of this type have been recorded in the project vicinity, consisting of the Orovillc Dredge Fields, a ditch, and tailings. Additionally, historic mining activity has been informally documented within the project vicinity: Unrecorded ' - historic cultural resources may be located in the project area. The USGS. Gridley 15.' (195.2). quad. map indicates that. the project- is located in Sough Oroville, while Burbank School, Myers Street, Roseben Avenue, Wyandotte. Avenue, Lincoln Boulevard, roads, and structures -are- located in the -project vicir*.The-project-Is located in the historic Oroville gold mining district. ftevious Arshaeoloyical )Investigations; A"ording.to our records,- the project area has not been. previously suiveyed for cultural resources. by a. professional archaeologist... Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed.- National Iteldstes of Histeric Plac.ys _ Listed pr221ties and Determined E idble 1'erties(1999, Computer Listings 1.966 through 7-0.0 by National Park Service); California itepister of Historical Resources (2007); California Points of-Y.FistoricalInterest (1992); California Invesagati-on of fistoric.Resources.(1.976):; CaMornia.ilistairical i andmarlm (1.996);. Directory sf.. lPra iperiaes in. the. Historic Property Data File for Baatte. County (20.0.7)_; Handbook of North American Indians, Vail. -&-California (1978); Historic Spots.in California (1966); Gold (Districts of California (1970).. RECOMWNiDATi>F NS: Based upon the above information, the project appears to be located in an area considered to be moderately sensitive for prehistoric and historical resources. The project arca is located in a region utilized -by prehistoric -and. historic. populations.- Native A.rnw ;an. populations used thelocal region for seasonal and/or permanent settlement, as well as`for the, gathering -o€plants; roots, seeds, and- hunting -seasonal garner Historically; Euroamericans utilized the region for mining, farming, and cattle ranching. No portion of the project arei has beer previously surveyed- for archaeological or historical resources. ?��s...?.?..: 2 x.7 . 2,:.5.5PM t4-1tfiea.at I.�#o. at.?.o.n Ceeter RD— 225.5. p.. 4 Therefore, due to a lack of prior survey in the project area, we recommend that Butte County planners consider requbing.a professional archaeologist be contacted to conduct a cultural resources.survey of theproject area._ Theproject archaeologist. will be. able. to. offer. . recommendations for appropriate preservation and/or mitigation measures for any new cultural resoureeseneouritered as aresult of the -field survey. Theprojectarehaeaiogist should also contact the appropriate local Native American representatives for information regarding traditional cultural properties that may be located within project boundaries for which we have no records. This person may also want to consult historic General Land Office (GLO) plat. maps. in. order to aid. in the identification. of unrecorded historic sites, which- may be located within project boundanes. During any phase of parcel development, if any potential prehistoric, protohistoric, and/or historic cultural resources are encountered, all work should cease in the arca of the find pending an examination of the site and materials by the.project archaeologist.. This request to cease work in the area of a. potential cultural resource find should be made a condition of project approval.. This condition is intended. for accidental. discoveries made during construction activities, and does not replace the need for a Phase i investigation which assists planners and developers in meetingCal ifornia Environmental Quality -Act (CEQA} obligations during the initial Study planning phase. The recommendation for a Phase 1 Cultural Resource Evaluation enables the lead agency to fulfill their obligations under CEQA to identify potentially significant historical resources. A Phase 1 investigation includes. background research (record. search), a field. inspection, and. report documenting the. presence or absence a€prehistoric or historic -features; buildings, or. archaeological sites. If potentially significant sites are identified during the Phase 1 investigation, further work may be necessary to determine site significance as well as appropriate protection or mitigation. measures,. The charge for this record search is $75.00 (11 hour of Project Review time. Oa $75.00 per .. hour). An invoice. from the. CSUC Research Foundation for billing purposes will follow.. Thank you for your dedication preserving Butte County's -and Cali€omWs irreplaceable- cultural rreplaceablecultural heritages, and please feel free to contact us if you have any questions or need any further information or assistance. Sincer_ ._y,. J im. Rocdcr-, M.A. Research Associate Butte County D*rtment of Development* Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile October 16, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Nichols, Milburg, & Rossetto Architects,, UP06-0026 Planner: Chris Thomas APN: 035-114-026; 035-116-006; 007; 008 Location: across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot or 38 additional parking spaces. 30 -Day Complete 10/26/2006 Date of IDR 10/18/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/18/2006. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting 10/16/06, regarding completeness of application. What is needed to make the application complete? ® YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: cthomascthomas@buttecounty.net). Signature: E. Schroth Date: 10/6/06 UPlanning/Projects/A New RUM Memos/1DR Completeness 8/30/05 Department: Public Works - County of Butte BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Nichols, Milburg, & Rossetto Architects, AGENT: Nichols, Milburg, & Rossetto Architects FILE #: UP06-0026 DATE: 9/26/2006 APN: 035-114-026; 035-116- 006;007;008 35-116- 006;007;008 PLANNER: Chris Thomas PROJECT DESCRIPTION: Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ® 2. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of use permit, submit road and draina a im rovement plans for the installation and construction of the street frontage improvements on to i County Improvement Standards. Improve parcel I frontage to a 'h+ 12' / full street section on to an RSJ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of use permit, relinquish abutter's rights of access to Butte County along the frontage of parcels t except at approved access points. B. DRAINAGE ® 1. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of use permit, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ® 1. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Butte County D*rtment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile October 19, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Nichols, Milburg, & Rossetto Architects,, UP06-0026 Planner: Chris Thomas APN: 035-114-026; 035-116-006; 007; 008 Location: across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot or 38 additional parking spaces. 30 -Day Complete 10/26/2006 Date of IDR 10/18/2006 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/18/2006. Do you find this application complete? X IYes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: lZp6ert C. Ma Deputy& Commissioner Department: Agriculture Date: October 18, 2006 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 M3 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING December 14, 2007 Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA95628 Re: USE PERMIT: UP06-0026 APN: 035-116-006 Dear Nichols, Melburg & Rossetta BUTTE COUNTY DEC 2 6 2007 DEVELOPMENT SERVICES At the regular meeting of the Butte County Planning Commission held December 13, 2007, your request for a Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces was approved. The Use Permit was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Wednesday, December 26, 2007 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. The conditions of approval must be met within sixty (60) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Chris Thomas at 530-538-6706 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk cc. Wynn Memorial Church PO Box 5274, Oroville, Ca 95966 Terry Tolliver 2232 Misty Hollow Drive, Rocklin, Ca 95765 EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026, 035-116-006, 035-116-007, 035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 1 of 70 The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning_ Division Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 2 of 7■ minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 70 Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. If A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. V' An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. ■ Butte County Department of Development Services ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 70 VPrior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. Or If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 01� Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. J'30 Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 7■ 14� Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The.drainage.plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. d . Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. Comply with standard conditions of approved application. All building permits shall comply . with all building and related codes at the time of.building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 6 of 7■ I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the gran ing of this use rmit, and that I agree to abide fully by said conditions. Dated: Applicant Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 70 BUTTE COUNTY PLANNING COMMISSION' AGENDA REPORT, DECEMBER 13, 2007 �� 1 .Applicant: Nichols, Milburg, Rossetto & Location: Everett Owner Wynn Memorial File #: UP06-0026 Parcel Size: Request: Use Permit to allow Supervisor construction of a +7,000 District: square foot church with off- street parking for 45 vehicles. G.P.: MDR (Medium Density Residential) Zoning: R -N (Residential Nonconforming) Zone Date: August 22, 1978 (Ordinance No. 1953) APNs: 035-114-026; 035-116-006, 007,008 EXECUTIVE SUMMARY: Planner: Attachments: The' northwest and southwest corners of the intersection of D Street and Fallbrook Avenue, about 1,000 feet south of the incorporated city limits of Oroville. +0.92 acres 1 Chris Thomas, Associate Planner A: Resolution with Conditions B: Use Permit C: Vicinity Map and General Plan/Zoning Map D: Initial Study E: Site Plan This is an application for a Use Permit to allow for the construction and use of a ±7,000 square foot church and two parking lots on parcels located at the northwest and southwest corner of D Street and Fallbrook Avenue in the Residential Nonconforming zone south of Oroville. The current +1,300 square foot church, located on the northwest corner (APN 035-114-026) will be retained with a 34 space parking lot wrapping around it, while the new church will be on the southwest corner (APNs 035-116-006, -007, -008) with an 11 space parking lot. The new church will contain a 226 seat sanctuary, classrooms, office and a kitchen. Staff recommends adoption of a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) and approval of the Use Permit with findings and conditions. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 1 of 23 ■ PROJECT DESCRIPTION • As required by the project site's Residential Nonconforming (R -N) zoning, the applicant requests a Use Permit to construct a one-story church with a seating capacity of 226 persons for Sunday services, religious study, socials and special events such as weddings. • The current Wynn Memorial Church is a modest +1,300 square foot structure on a bare corner lot. Sunday services currently serve about 100 people with parking on local streets. • The proposed church will contain a sanctuary, three classrooms, men and women's restrooms, a multipurpose room, pastor's office and a small kitchen. • Off-street parking for up to 45 spaces will be provided by two landscaped lots, one wrapping around the existing church on the northwest corner of D Street and Fallbrook Avenue, and a second smaller lot next to the proposed church on the southwest corner. • Nighttime lighting is planned for the proposed church but not for the parking lots. Southwest corner D Street and Fallbrook Ave., Northwest corner of D Street and Fallbrook Ave., site of proposed church. proposed parking lot will wrap around church. SITE CHARACTERISTICS • The four project parcels are in an older residential neighborhood immediately south of the City of Oroville characterized by small parcels and a grid street pattern. Parcels Adjacent To The Project Site Parcels to the Zoning General Plan Size (Acres) Land Use North R -N MDR 0.11 and 0.33 Residential East R -N MDR 0. 11, 0.21 and 0.22 Residential South R -N MDR 0. 11, 0.21 and 0.22 Residential West R -N MDR 0.18 and 0.24 Residential • The project is within the Oroville Sphere of Influence and Urban Area and has been pre- zoned by the City of Oroville as Medium Density Multiple Family Residential (R-2). ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 2 of 23 ■ • General Plan and zoning designations for the local area reflect a primarily residential, urban land use orientation. and General Plan Designations For Parcels Within 2,500 Feet of the Project Site Zoning General Plan Area Percentage of Area Percentage of Designation (Acres) Total Area Designation (Acres) Total Area Butte County Zoning 19.5 3 Restricted Commercial (C1) Low Density Residential 13.9 2 Agricultural Residential (A -R) 153.7 26 Medium Density Residential 414.9 70 General Commercial (C-2) 9.8 2 High Density Residential 8.9 1 Light Industrial (M-1) 4.7 1 Commercial 112.7 19 Public & Quasipublic (P -Q) 5.8 1 Industrial 37.2 6 Residential 1 (R-1) 38.4 6 Public 4.3 1 Residential 3 (R-3) 65.0 11 Residential Nonconforming (R -N) 99.4 17 Butte County Subtotal 376.9 64 City of Oroville Zoning Heavy Commercial (C2) 72.9 12 Public/Quasi Public Facilities 43.4 7 Commercial Light Manufacturing (CLM) 25.2 4 Single Family Residential (R1) 19.5 3 Restricted Commercial (C1) 15.2 3 High Density Multiple Family Residential/Professional (RP) 14.9 3 Industrial (M2) 14.1 2 Medium Denisty Multiple Family Residential (R2) 6.3 1 Residential Large Lot (RLI) 2.9 0 Neighborhood Commercial (NC) 0.5 0 Oroville Subtotal 214.8 36 Total 591.8 100 1 591.8 100 Source: Butte County GIS Data, 2007 • Access to the proposed parking lots is from the County -maintained D Street and Fallbrook Avenue. • The project site is currently provided water and sanitary sewer service by the California Water Service Company and the Lake Oroville Public Utility District, respectively. • The project site is within the El Medio Fire District. • The project site, in a long urbanized area, does not contain agricultural soils and is not near any agricultural operations. • The project site is not located along a State or County designated scenic highway. • While pre -historic and historic cultural resources associated with the pre -European settlement period and the mid- to late 19'' century gold mining era may be found to the north along and in the vicinity of the Feather River, no cultural resources are known or expected to occur within the project site or its immediate area. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 3 of 23 ■ • Current on-site vegetation consists of non-native grasses and a few shrubs. No streams, swales, wetlands or other sensitive biological features (e.g., oak woodlands) occupy or are within the vicinity of the project parcels. • The project site is not within a 100 -year flood zone. ANALYSIS Land L1se • Primary uses for the project site's MDR land use designation encompass a mixture of urban residential uses (including detached single-family homes, condominiums, multiple -dwelling structures, mobile home parks, group quarters and care homes). • Secondary uses include home occupations, professional and business offices, outdoor recreation facilities, utilities, and public and quasi -public uses. As a quasi -public use, the church and related facilities would be consistent with a secondary use for a MDR designated property. • Per Butte County Code 24-125(c)(2) quasi -public uses such as a church require approval of a use permit subject to findings in the R -N zone. • As the proposed church would cross boundaries between APNs 035-116-006, -007 and -008, Condition of Approval #5 will require their merger into one parcel prior to issuance of a building permit. Aesthetics • Although the proposed church, a +7,000 square foot structure with a composite shingle roof 26 feet high at its ridge and a single 45 foot spire, will differ substantially in height, bulk and architectural design from the modest surrounding homes, the structure's relatively high- quality landscaping, materials and finish should be a visual asset to the neighborhood. • The church will not unduly shadow neighboring properties or significantly impair local views. • The Initial Study/Mitigated Negative Declaration for this project identified glare from nighttime security and building lighting as a potential impact to neighboring residences. A mitigation requiring that all lighting be confined to the facility and the immediate area needing illumination has been applied as Condition of Approval #1. • The proposed landscaping (which meets the five percent gross lot requirement of Butte County Code 24-240(e)) will help to temper the visual effect of this relatively large structure; Condition of Approval #6 requires the preparation of a landscape plan prior to issuance of the building permit and its implementation prior to final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 4 of 23■ • The site plan submitted shows a landscaped median approximately four feet wide along the D Street and Fallbrook Avenue portions of the larger parking lot on the northwest corner. However, Butte County Code 24-240.10(e) requires, for parking lots with more than four spaces, "landscaping to a depth of at least ten (10) feet" between the right-of-way and parking space(s). • In the submitted site plan, parking spaces meet the "standard" vehicle size requirement of 9 by 20 feet. The applicant has agreed to Condition of Approval #7 to re -size the necessary number of parking spaces to the smaller compact vehicle size requirement of 7.5 by 16 feet, thereby allowing sufficient space to meet the 10 foot landscaping depth along the right-of- way while not losing any parking spaces. Air Quality • The Initial Study/Mitigated Negative Declaration for this project identified construction - related dust as a potential impact. The standard mitigation for control of dust has been applied as Condition of Approval #2. • Given the periodic and limited use of the facility (Sunday services, weeknight classes and socials), associated traffic is not expected to create a significant air quality impact. Cultural Resources • As noted above, cultural resources are not expected at or in the vicinity of the project site. However, should site preparation uncover such resources, the standard mitigation requiring that development activity halt and a qualified archaeologist be notified has been applied as Condition of Approval #3. Water Quality and Drainage • Given the project's relatively small size and connection to LOAPUD sanitary sewer service, impacts to water quality were not identified in the Initial Study/Mitigated Negative Declaration. • However, as some additional runoff may be expected from the roof and parking lot, Public Works is requiring "a plan for a permanent solution for drainage" as Condition of Approval #14, showing how drainage waters shall be detained or retained on site or conveyed to the nearest drainage facility. Noise • Construction of the church and parking lots will require periodic use of heavy machinery and the Initial Study/Mitigated Negative Declaration identified construction -related noise as a potential impact. • Accordingly, the standard mitigation including best available noise suppression devices and limited hours of work has been applied as Condition of Approval #4. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 5 of 23 ■ Church gatherings and events have the potential to be loud enough to affect neighboring residences. Condition of Approval #8 requires that church gatherings and events not exceed, at any time, the Butte County General Plan normally acceptable noise threshold of 60 dB as measured at the property line. • For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), Condition of Approval #9 limits the hours of operation such that morning meeting times would not begin before 7:30 A.M., and evening meeting times would end before 10:00 P.M.. Transportation/Traffic • The church will have seating for up to 226 people, with off-street parking for 45 vehicles and additional on -street parking immediately adjacent to the project parcels (that is, on the street in front of the parcels on the north and southwest corner of Fallbrook and D) for 16 to 18 vehicles. • Peak use is expected to occur Sunday mornings, and during certain holiday services and special events such as weddings. • The Institute of Transportation Engineers Trip Generation Manual provides estimates based on time of day and square footage that, for the proposed facility, would vary widely between approximately 36 and 174 trips during a peak hour period on a Sunday morning. • Three potential impacts related to the periodic traffic generated by the facility were considered in the Initial Study/Mitigated Negative Declaration: air quality, parking and traffic congestion. • As noted above, air quality impacts resulting from traffic associated with the church are not expected to be significant given its periodic use and relatively small size. • Regarding parking, Butte County Code 24-240 requires one parking space per six seats or one space per fifty square feet of usable seating area, whichever is greater, plus one space for each classroom or office. Using the former standard, 38 parking spaces would be required for the 226 seats, plus an additional 4 spaces for classrooms and the office, for a total of 42 parking spaces. • The 45 off-street spaces thus exceed County Code requirements for churches. • Regarding traffic congestion, traffic counts in the immediate vicinity of the project site are not available; however, site visits suggest there is little to no traffic congestion in the four block area around the project site. The table below indicates that through -traffic presumably uses perimeter roads around South Oroville. The Butte County General Plan 2030 Setting and Trends report identified Lincoln Boulevard between State Route 162 and Monte Vista Avenue (on the western border of the south Oroville neighborhood) as having a peak hour Level of Service of "C". ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ Wage 6 of 23 ■ Traffic Counts In The Vicinity Of The Project Average Daily A.M. Peak P.M. Peak Station Location Total Count Hour Hour Date 355B Meyers St. south of Jefferson 2296 174 183 6/7/2007 360 Oro Bangor east of Burlington Ave. 2204 152 175 6/7/2007 360A Oro Bangor east of Meyers St. 2180 136 181 7/3/2003 364 Meyers St. south of Wyandotte 4510 342 347 6/7/2007 364A Wyandotte east of Myers St. 3540 287 324 8/4/2003 Butte County Department of Public Works, 2007 • Since the parking ratio for churches is relatively low, the local neighborhood may still be affected by vehicles parking on the street if and when the lot and on -street space in front of the church property are full. • As noted above, there is on -street parking in front of the project parcels for approximately 16 vehicles. • Condition of Approval #10 would require implementation of the following Transportation Demand Management (TDM) program to encourage ride -sharing should on -street parking by church attendees (that is, other than the on -street parking in front of the project parcels) result in neighborhood parking congestion: If, during church -related gatherings over a period of more than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. Cumulative Impacts • The Initial Study/Mitigated Negative Declaration prepared for this project addressed potentially cumulative impacts within 2,500 feet of the project site, with particular .emphasis on transportation/traffic, public services, and hydrology and water quality. • 2,500 feet, somewhat less than one half of a mile, has been selected by the Planning Division as a reasonable radius from a project site in an urban area within which cumulative impacts may be assessed; a radius greater than 2,500 feet was thought to possibly dilute a given project's contribution to cumulative impacts, while a radius less than 2,500 was thought to unreasonably concentrate its possible contributions to cumulative impacts. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 7 of 23 ■ • Development currently under consideration by the County (that is, "past, present and reasonably foreseeable probable future projects" as defined by Section 15355(b) of the CEQA Guidelines) within 2,500 feet of the project site is summarized below (see also the exhibit of the same name below). Subdivision Projects Under Consideration By Butte County Within 2,500 Feet Of The Project Site Project Potential Lots TSM06-0017 644 PRED 07-0004 31 (Units) • Per Section 15130 of the CEQA Guidelines, when "a lead agency is examining a project with an incremental effect that is not `cumulatively considerable', a lead agency need not consider that effect significant, but shall briefly describe its basis for concluding that the incremental effect is not cumulatively considerable." • The small scope and off-peak use of the proposed project (construction of a church with seating for up to 226 people and off-street parking for 45 vehicles, on two lots totaling +0.92 acres) and its periodic use would not contribute significantly to cumulatively considerable impacts (were they to occur) within the project area. • The Public Works Department has not identified any particular traffic or hydrology -related concerns in the project area. • The El Medio Fire District has not indicated any problems with the project and has stated they will provide it with fire protection services. • Further, future development will have to pay Butte County's impact fee and conform to local development policies. The project would not contribute to significant cumulative impacts to the local area. Public Notice, Butte County Departments and other Agencies Review • Property owners within 300 feet of the project site were first notified by mail regarding this project and a notice was placed in the Oroville Mercury Register at the time the application was initially processed. No comments were received by staff from the public. • Property owners within 300 feet of the project site were again notified by mail, and a notice was again placed in the Oroville Mercury Register, when the public review period for the Initial Study/Mitigated Negative Declaration and Planning Commission hearing date were announced. No comments were received by staff from the public. Comments/conditions received from Butte County Departments were reviewed and incorporated into the proposed project conditions. See comments below. ENVIRONMENTAL REVIEW: The initial study prepared for this project determined there would be environmental impacts to the following areas: ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 8 of 23■ • Aesthetics (nighttime lighting) • Air Quality (dust control during site development activities) • Cultural Resources (possible disturbance of archaeological resources) • Noise (construction -related noise) The initial study attached to this agenda report recommends four mitigation measures to reduce these environmental impacts to a less than significant level. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required because the project has the potential to cause impacts to fish or wildlife or their habitat. The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse, for a 30 -day review period (SCH #2007112054), from November 13 to December 12, 2007. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 9 of 230 Nichols, Milburg, Rossetto & Everett UP06-0026 Location Map ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ Wage 10 of 23 ■ Nichols, Melburg & Rossetto U P06-0026 Subdivisions Under Consideration Within 2,500 Feet of the Project Site ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 12 of 23 ■ EXHIBIT A RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 06-0026 (Nichols, Milburg, Rossetto & Everett / Wynn Memorial Church) WHEREAS, the Planning Commission has considered Use Permit 06-0026 to establish a church with a seating capacity of 226 persons; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on December 13, 2007; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopt a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Nichols, Milburg, Rossetto & Everett/Wynn Memorial Church, Planning Division File No. UP 06-0026, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 13 of 23 ■ for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approve the Use Permit 06-0026 for Nichols, Milburg, Rossetto & Everett/Wynn Memorial Church for a church with seating for up to 226 persons and off-street parking for 45 vehicles on 035-114-026 and 035-116-006, 007, 008, subject to the following findings and the conditions found in Exhibit `B": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: This project is in accordance with the purpose of the Residential Nonconforming (R -N) zone in which the land lies as quasi public uses such as churches are allowed with approval of a Use Permit, and with the Butte County General Plan designation of Medium Density Residential (MDR), which also allows quasi public uses as secondary uses. With conditions and mitigations, this Use Permit is warranted because the public assembly associated with the proposed neighborhood church is compatible with the project site's residential setting and is found to have no adverse health, safety or welfare impacts. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density; The proposed church would be considerably larger than surrounding residential structures. It does, however, meet the setback requirements mandated by the existing zoning designation, and the proposal includes landscaping that will provide visual screening from adjoining residences. 2. The availability of public facilities, services and utilities; Both water and sanitary sewer services will be provided to the facility by the California Water Service Company and Lake Oroville Public Utility District, respectively. Fire protection services will be provided by the El Medio Fire District. Other services (e.g., Sherriff's Department) or utilities needed to accommodate this project are available. 3. The harmful effect, if any, upon desirable neighborhood character; The surrounding properties are developed with single-family detached residential units. With incorporation of the various mitigation measures ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 14 of 23 ■ and conditions of this permit, the proposed use would not have significant adverse effects on the use or enjoyment of adjacent residential property, as discussed in the Initial Study and summarized in the analysis above. 4. The generation of traffic and the capacity and physical character of surrounding streets; Traffic congestion and parking problems are not evident in the immediate neighborhood. The project will provide 45 off-street parking spaces and such traffic/parking that is generated by the proposed use(s) of the church would be periodic and limited in duration. 5. The suitability of the site for the type and intensity of use or development which is proposed; The site is suited for the project because the existing church will be expanded on property owned by the church that is proximate to water and sewer services, and the zoning and land use designation allows quasi - public uses (such as religious uses) as permitted secondary uses. 6. Any other relevant impact of the proposed use: No significant issues were identified by County Agencies. No comments were received on the Initial Study and Mitigated Negative Declaration for the project. Use permits run with the land; should a future owner wish to exercise this use permit, they would be constrained to its specific terms. The planning -related impacts of this project appear to be minor in general, assuming all conditions are executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated and maintained would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. With incorporation of the various mitigation measures and conditions of this permit, the proposed use would not have significant impacts to public health, safety or welfare. D. The project does not require the removal of any trees or riparian vegetation. The project will not impact any vernal pools. The project does not entail the removal of any trees or riparian vegetation, nor will it impact any vernal pools. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 15 of 23 ■ N DULY PASSED AND ADOPTED this 13th day of December, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nina Lambert, Chairman Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 16 of 23■ EXHIBIT B USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-026 PERMIT NO. ASSESSOR'S PARCEL NUMBERS 035-114-026,035-116-006,035-116-007,035-116-008 Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Wynn Memorial Church is hereby granted a Use Permit for a church for up to a capacity of 226 persons, consistent with the attached site plan and conditions specified herein. 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 five years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within five years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 17 of 23 ■ The terms and conditions of this Permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. 7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. Conditions of Approval: Planning Division Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 18 of 230 minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 19 of 23 0 Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction - generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 5. A merger of Assessor Parcels 035-116-006, 035-116-007 and 035-116-008 shall be approved prior to the issuance of a building permit for the church. 6. An aesthetically pleasing landscape plan that serves to adequately screen the church and provide shade for the parking lot shall be reviewed and approved by the Department of Development Services on or before the date of issuance for the building permit. The landscape plan shall be implemented prior to the issuance of the final inspection. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 20 of 23 ■ 7. Prior to issuance of a building permit, the applicant shall insure on all relevant site plans that landscaped buffer areas separating parking spaces from D Street and Fallbrook Avenue meet the width requirements of Butte County Code Section 24-240.10 of ten feet between the front of the parking spaces and the street right-of-way. This shall be accomplished by resizing a sufficient number of parking spaces to the compact standard size as noted in Butte County Code Section 24-240(c)(1) to accommodate the ten foot landscaped buffer without reducing the number of off-street parking spaces below 45. 8. During its operational, post -construction phase, noise from the church shall not exceed the Butte County General Plan Noise Element normally accepted threshold of 60 dB as measured at the property line of the parcel containing the church. 9. For meetings of more than five people not devoted to religious services (e.g., socials, general meetings, classroom instruction), morning meeting times shall not begin before 7:30 A.M., and evening meeting times shall end no later 10:00 P.M. at night. 10. If, during church -related gatherings over a period greater than four consecutive weeks, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church to institute any or all of the following measures for church events as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single -rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools by designating off- street spaces as needed. 4. Provide bicycle racks or other secure bicycle parking. 11. The owner shall comply with all other applicable State and local statutes, ordinances, and regulations. Public Works Department 12. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 13. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of- way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 21 of 23 ■ 14. Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. 15. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. Building Division 16. Comply with standard conditions of approved application. All building permits shall comply with all building and related codes at the time of building permit application. Environmental Health Division 17. Development of the church will require connection to a public sanitary sewer. 18. Development of the church will require connection to a public water supply. County Counsel 19. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 22 of 23 0 I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant Signature Applicant's Title NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits, nor does it waive any other requirements. Nina Lambert Butte County Planning Commission Chairman CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ December 13, 2007 ■ Agenda Report — Use Permit 06-0026 (Wynn Memorial Church) ■ ■Page 23 of 23■ ORT M I C,we Ave TuckarA Q 'all Cirde OO Project Location CO Onhir':R Emil R M IRA,= ME011111IN M UP 06-0026 035-116-006 0 ic 10 ? 4 OwerIA y ando _6 —et 6 -R F PALERMO Emil R M IRA,= ME011111IN M UP 06-0026 035-116-006 ty��of,�0'rovill R = 1 ■t■111 1]�l: �III�III V111111 !1 C r11011 11110 - :L 1Br Project Location r MDR =VvL=-MW 425 212.5 0 425 850 1,275 1,700 2,125 2,550 2,975 3,400 3,825 Feet BUTTE COUNTY PLANNING COMMISSION N H' E Applicant: Nichols Melburg & Rossetto, ArchitectsOwner: Wynn Memorial Church Hearin Date: December 13, 2007 9:00 a.m. Existing Zone: R -N (Residential Non -Conforming) S RequestUe Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms Supervisorial restrooms, office, kitchen, and 11 adjacent parking spaces. Across "D" Street, on the northwest corner of "D" St. and Fallbrook District #1 Ave., the current church will be retained and surrounded by a parking lot for 34 additional oarking s aces. Assessor Parcel No: 035-116-006 File: UP 06-002 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION For Nichols, Milburg, Rossetto & Everett Use Permit 06-0026 (Wynn Memorial Church) Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 1.0 PROJECT INFORMATION A. Applicant/Owner: Wynn Memorial Church B. Representative: Nichols, Melburg, Rossetto & Everett C. Staff Contact: Chris Thomas, Associate Planner D. Project Name: Nichols, Milburg, Rossetto & Everett UP06-0026 E. Proiect Location: The northwest and southwest corners of the intersection of D Street and Fallbrook Avenue, about 1,000 feet south of the incorporated city limits of the City of Oroville. F. Type of AvOication(s): Use Permit G. Assessor's Parcel Number(s): 035-114-026, 035-116-006, 035-116-007 and 035-116- 008 H. Project Site Size: +0.92 Acre I. Current Zoning: Residential Non -Conforming (R -N) J. General Plan Designation: Medium Density Residential (MDR) K Environmental Setting: The project site consists of four parcels in an older residential neighborhood immediately south of the City of Oroville characterized by small parcels and a grid street pattern. No streams, swales, wetlands or other sensitive biological features (e.g., oak woodlands) occupy or are in the vicinity of these four parcels. Three of the parcels are vacant and host to a few ornamental trees, shrubs and non-native grasses, while the fourth (APN 035-114-026) is occupied by ±1300 square foot church that is in use. The applicant estimates that roughly 100 persons attend Sunday services. While a search of the Department of Fish and Game's California Natural Diversity Database reveals two special status wildlife species occurrences within one mile of the project site, they are not expected to occur on these previously disturbed, urbanized parcels. The project site is not within a 100 -year flood zone, and the nearest airport is the Oroville Municipal Airport in Thermalito, some four miles to the west. Although pre -historic and historic cultural features associated with the pre -European settlement period and the mid- to late -19`x' century gold mining era in the Oroville area are proximate to the project site, no archaeological resources are known or expected to occur within the project site or its immediate vicinity. L. Surrounding Land Uses: The +0.92 -acre project site is surrounded by single-family residential development on parcels of 0.10 to 0.20 acres in size. As Table 1.1 shows, all adjacent parcels are zoned R- N (Residential -Nonconforming) with General Plan designations of MDR (Medium Density Residential). ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 1 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Table 1.1 Parcels Adjacent To The Project Site Parcels to the Zoning General Plan Size (Acres) Land Use North R -N MDR 0.11 and 0.33 Residential East R -N MDR 0. 11, 0.21 and 0.22 Residential South R -N MDR 0. 11, 0.21 and 0.22 Residential West R -N MDR 0.18 and 0.24 Residential The project parcels are consistent in size with those in the vicinity, and the proposed use of a new church is, with an approved use permit, also consistent with the neighborhood. According to 2007 Butte County Geographic Information Systems data, the 1,298 parcels intersecting with and within one-half mile of the project site range in size from 0.03 to 59 acres with an average size of 0.46 acres (Butte County 2007). Table 1.2 shows the half -mile area to be primarily planned for urban land uses. Tablel.2 Zoning and General Plan Designations For Parcels Within One Half Mile of the Proiect Site Zoning General Plan Area Percentage of Area Percentage of Designation (Acres) Total Area Designation (Acres) Total Area Agricultural Residential (A -R) 153.7 26 Low Density Residential 13.9 2 General Commercial (C-2) 9.8 2 Medium Density Residential 414.9 70 City of Oroville 215.0 36 High Density Residential 8.9 1 Light Industrial (M-1) 4.6 1 Commercial 112.7 19 Public & Quasipublic (P -Q) 5.8 1 Industrial 37.2 6 Residential 1 (R-1) 38.3 6 Public 4.3 1 Residential 3 (R-3) 65.0 11 Residential Nonconforming R -N) 99.4 17 Total 591.8 100 591.8 100 Source: Butte County GIS Data, 2007 M. Project Description: On the southwest corner of the intersection of D Street and Fallbrook Avenue (APNs 035-116-006 through 008), the applicant proposes the construction of a +7,000 square foot church containing an assembly area, classrooms, restrooms, office and kitchen, and an 11 -space parking lot. The church will have a total of 226 fixed seats in the main chapel. As the proposed church building will cross 006 and 008, a merger of these three parcels will be made a condition of the Use Permit. On the northwest corner (APN 035-114- 026) a second landscaped parking lot with 34 spaces would be developed around the existing ±1,300'square foot church (for a combined total of 45 spaces). Services will be on Sunday momings, with other events such as religious study and socials occurring at various times during the week throughout the year. California Water Service will provide potable water and the Lake Oroville Area Public Utility District (LOAPUD) will provide sanitary sewerage to the church. In the R -N zone, quasi -public uses such as a church require a use permit per Butte County Code Section 24- 125(c)(2). In this instance, the use encompasses the facility (the proposed and existing churches and parking lots) and the people who travel to and engage in activities within it. This initial study thus assesses impacts associated with the construction and operation of the facility and the people who, via private cars, walking or some other form of transportation, would use the facility on a regular or irregular basis for worship and other activities. N. Public Agency Approvals: Butte County Development Services Department, Butte County Public Works Department, Butte County Fire Department, Agricultural Commission, Butte County Environmental Health Division and Butte County Air Quality Management District. ■ Butte County Department of Development Services ■ ■ Initial Study - Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 2 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06.0026 (Wynn Memorial Church) 2.0 DETERMINATION ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. El I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions -have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, ❑ 1 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. ❑ 1 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 _e prftej project, nothing further is required. �) v� repared-by: Chris h , Project Planner Date t� 1✓ Q Reviewe by: y Jolliffe, Principal Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduce to a "less than significant' level (CEQA Guidelines 15382). [X] Aesthetics [ ] Biological Resources [ j Hazards and Hazardous Material [ ] Mineral Resources [ ] Public Service [ ] Utilities and Service Systems [ ] Agriculture Resources [X] Air Quality [X] Cultural Resources [ J Geologic Processes [ ] Hydrology/Water Quality [ J Land Use [X] Noise [ j Housing [ ] Recreation [ ] Transportation/Traffic [X] Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 3 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical 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) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 4 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICVISUAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Setting: The existing aesthetic character of the surrounding neighborhood is largely defined by medium density single-family _ residential development: a relatively uniform distribution of small, one-story homes — some poorly maintained - on parcels of 0.10 to 0.30 acres along a grid network of 40 -foot wide streets with sidewalks and occasional trees (see Figure 1, below). The project site is not located on a federal, state or county -designated scenic roadway. Nearby views from the project site to the surrounding countryside are circumscribed by its flat topography and nearby residences, although a glimpse of the east Oroville foothills is possible on the east -west oriented D Street. The project parcels, vacant on the south and containing a non-descript church on the north, do not constitute unique visual resources. Figure 1 Southwest corner D Street and Fallbrook Ave., site of proposed church. Northwest corner of D Street and Fallbrook Ave., proposed parking lot will wrap around church. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 5 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Impact Discussion: A scenic resource may be defined as one seen from a publicly accessible viewpoint that provides expansive views of a highly valued landscape. Butte County has not defined a highly valued landscape although it has established a "Scenic Highway" zoning designation around certain roads in the County, none of which are in the vicinity of the project. An impact to a scenic resource occurs when a development -induced change (i.e., construction of a structure or road, removal of vegetation or distinct landscape features such as rocks, streams, ridgelines) in some way degrades, obscures or interferes with a view of the resource from a publicly accessible viewpoint. The project would introduce a new +7,000 square foot building with landscaped parking lots to a neighborhood of modest single-family homes with small yards. With a composite shingle roof 26 feet high at its ridge and a single 45 foot spire, the church's siding will have a dark brick -red veneer pediment from the ground to about four feet in height, with exterior walls above of textured cement plaster painted a beige color and crossed by a grid of plaster reveal joints. Natural light will be admitted into the building through central and secondary doorways and ground floor aluminum frame windows. The brick pediment, textured plaster cement, windows and the reveal joints will reduce the visual monotony that might be associated with the sides of the church. The project's design will also be enhanced by the lawn, shrubs and trees planted around the structure and parking lots. The proposed church may create some morning shadow not currently experienced by two residences some 65 feet to the west on the neighboring APN 035-116-004, but such shadowing would occur in the early to (at most) mid-morning hours and would be a less -than -significant impact. Although its height, bulk and architectural design would differ considerably from neighborhood homes, the structure's relatively high quality landscaping, materials and finish would not be incompatible with that of a typical new neighborhood church found in many older and contemporary medium density residential neighborhoods in the Sacramento Valley. With landscaping, it should be a visual asset to the neighborhood and South Oroville community. a) No Impact. The project site does not consist of or have a view of a designated scenic vista or a visually unique resource. While the proposed church would, as noted above, differ considerably in height, bulk and architectural style from neighboring homes, it is simply designed and finished with modest but attractive materials. b) Less Than Significant Impact. There are no unique scenic resources in this residential area south of Oroville. Although the neighborhood dates from the early to middle decades of the 20'h century, it does not contain officially recognized historic or otherwise unique buildings designated for preservation. c) Less Than Significant Impact. APNs 035-116-006, -007 and -008 are currently abandoned lots, while APN 035-114-026 has a church on it. Site plans show that the proposed church and parking lots with landscaping, materials and a design that should be an aesthetic asset to this older, economically depressed neighborhood. While the church (as opposed to the currently vacant lot) may diminish the view for the residences on the adjacent parcel to the west, the landscaping will help to screen the structure. Adequate landscaping is necessary to provide a visually pleasing buffer between this residential neighborhood and the proposed facility. A Planning Division condition of approval for this project shall be the submittal of a landscape plan for Planning Division approval that includes both an exhibit showing where plantings will be located on the entire site and a description of how the plantings shall be maintained. The condition of approval shall require implementation of the landscape plan by the time of final inspection for the facility. In regards to another potential aesthetic impact, although landscaping for the proposed asphalt parking areas meets the five percent coverage requirement of Butte County Code 24-240.10(e), the 10 -foot landscaped space requirement is not met (as shown on the latest site plan ) by the buffer strip between Fallbrook Avenue and D Street and the northern parking lot. Accordingly, an additional Planning Division condition of approval for this project will be a redesign of those portions of landscaping along Fallbrook Avenue and D Streets to the required depth of 10 feet and the restriping of affected parking spaces to the allowable minimum compact ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 6 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) standard width of 7.5 feet. Restriping to a narrower width will prevent the loss of parking spaces while meeting the buffer strip requirements of 24-240.10(e). d) Less Than Significant With Mitigation Incorporated. Security and safety lighting for the project would introduce new sources of light around the buildings and parking lots. Mitigation Measure #1 will ensure that the light and glare impacts are reduced to a less -than -significant level. Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property- or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Convert Prime Farmland, Unique Farmland, or Farmland X 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? b. Conflict with existing zoning for agricultural use, or a X Williamson Act Contract? c. Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Setting: The project is within an urbanized area immediately south of the City of Oroville. Neither the project parcel nor any parcels in the area are under commercial cultivation and surrounding lands are zoned for urban land uses. Impact Discussion: a — c) No Impact. No conversion of prime, unique or statewide importance farmland will be converted as a result of the project. There are no lands in the project area zoned for agricultural use or under Williamson Act contracts. Establishment of a church in an urban area will not cause other changes in the existing environment that could result in a conversion of farmland to a non-agricultural use. Mitigation: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 7 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 4.3 AIR QUALITY: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Conflict with or obstruct implementation of the applicable X air qualityplan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any X 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 ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? Setting: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated as in "attainment" if these standards are met and in "nonattainment" if they are not met. Both agencies have respective classifications based on the severity of the pollution level. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for state ozone (03) and fine particulate matter (PMIO) standards. Currently, Butte County is in attainment for the less stringent federal air quality standards. Butte County and the project site are within the Northern Sacramento Valley Air Basin (NSVAB). The Butte County Air Quality Management District (BCAQMD) is responsible for administration of air quality standards in the County. The 2003 Air Quality Attainment Plan, which includes a number of feasible control measures, guides management of air pollution in the NSVAB. Butte County, under the auspices of BCAQMD, has adopted some, but not all, of these measures. The Butte County portion of the Sacramento Valley Air Basin is designated non - attainment for particulate matter (State standards), and ozone (State and federal standards). Impact Discussion: Project -related impacts to air quality may be anticipated during both construction and post -construction operational phases. During the construction phase, gas and diesel -powered construction equipment will create exhaust emissions of ozone (03), ozone precursors, and PMio, and may contribute to local violations of ozone and particulate matter standards. Construction of the project may create fugitive dust emissions during site development activities, such as grading, excavation for foundations and utilities, and other soil work. The BCAQMD recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure #2 requires such dust control measures during site development activities. During the post -construction phase, air quality impacts may result from traffic associated with church activities. The church will offer services on Sunday, with additional (and purportedly smaller) meetings for study and socials at various times during the week. As noted above, the chapel will have 226 fixed seats. The applicant estimates there are currently about 100 parishioners attending Sunday services. It is unknown how many walk, take public transit or drive (either alone or ride sharing) to the church. The South Oroville neighborhood is served (along Wyandotte Avenue and Myers Street) by Butte County Transit buses 27 (Monday through Friday only) and 30 (Monday through ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 8 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Saturday only), but not on Sundays. The Institute of Transportation Engineers' Trip Generation manual provides widely varying estimates for both weekday and weekend church -based trip generation based on gross square footage. With this project, auto trips range from 5 to 28 (average of 10) for weekdays (p.m. peak hour of generator), 3 to 163 (average of 23) on Saturdays (peak hour of generator), and 36 to 174 (average of 66) for Sundays (peak hour of generator) (Institute of Transportation Engineers, 1997). There are no traffic count stations in the immediate vicinity of the project site. Table 4.1 below summarize known 24-hour and peak hour traffic counts in the area. Table 4.1 Traffic Counts In The Vicinity Of The Project Average Daily A.M. Peak P.M. Peak Station Location Total Count Hour Hour Date 355B Meyers St. south of Jefferson 2296 174 183 6/7/2007 360 Oro Bangor east of Burlington Ave. 2204 152 175 6/7/2007 360A Oro Bangor east of Meyers St. 2180 136 181 7/3/2003 364 Meyers St. south of Wyandotte 4510 342 347 6/7/2007 364A Wyandotte east of Myers St. 3540 287 324 8/4/2003 Butte County Department of Public Works, 2007 The counts indicate a moderate amount of weekday traffic on through -routes around the project site; levels of service at Fallbrook Avenue and D Street appears to be A (or, at worst, B). a) No Impact. The project will not conflict with or obstruct implementation of the NSVAB Air Quality Attainment Plan. b) Less Than Significant Impact. People using cars to attend Sunday services may produce air quality impacts; however, due to the temporary and infrequent nature of the traffic — and the relatively small contribution to daily and weekly traffic in the area - it would be expected to make a less than significant contribution to any violations of air quality standards. C) Less Than Significant With Mitigation Incorporated. A cumulatively considerable net increase of any criteria pollutant for which the project region is in non -attainment under applicable federal and/or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors) may occur during either the construction or post -construction operational phase of the project. Dust resulting from construction -related disturbance of the ground can affect local air quality - the area's dry, windy climate during summer months can result in blowing dust when and if underlying soils are exposed through clearing, grading and earthmoving, and has the potential to create a nuisance for the project site and nearby properties. The BCAQMD recommends incorporating measures to control fugitive dust emission for all road and other construction activities, such as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure #2 requires that a note be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that dust control measures shall be implemented during site development activities. Indirect impacts due to the project may derive from solvents in adhesives, non -water based paints, thinners, some insulating materials and caulking materials that evaporate into the atmosphere and are constituents in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. These potential impacts are expected to be less than significant given the relatively small size of the project. d) Less Than Significant Impact. Three sensitive receptors are within one half a mile of the project site: the Central Middle and Wyandotte Avenue Elementary Schools, and Oroville Hospital, approximately 1,500 to 2,000 feet to the north and 2,600 feet to the northeast, respectively. The project will result in the temporary ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 9 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) disturbance (grading, digging) of about 0.92 acres of ground, along with construction of the church and the laying of asphalt for the parking lots. However, Mitigation Measure #2 will reduce to less than significant any impacts to these sensitive receptors. Their distance from the project site will also serve to further reduce effects due to dust and fumes. e) Less Than Significant Impact. During construction various diesel -powered vehicles and equipment in use on the site, as well as asphalt surfacing for the parking lots, would create odors and fumes but, given the temporary nature of such work and the relatively small size of the project, such odors would constitute a less than significant impact upon neighboring properties. Mitigation Measure # 2: Place a note on all building and site development plans that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District (BCAQMD) shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Have a substantial adverse effect, either directly or through X habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat X ■ Butte County Department of Development Services ■ ■ Initial Study —Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 10 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact 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 X wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native X resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting X biological resources such as a tree preservation policy ordinance? E Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservationplan? g A reduction in the numbers, a restriction in the range, or an X impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite X (including mammals, birds, reptiles, amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident or X migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human X presence and/or domestic animals) which could hinder the normal activities of wildlife? Setting: As noted above, the project is proposed in an urbanized area to which the nearest contiguous open space greater than a five acre parcel is approximately 1,300 feet to the southeast. The project is planned for four parcels: three on the south side of D Street are vacant and support non-native grasses, shrubs and a tree, while the fourth on the north side of D Street has a church around which the parking lot will wrap. A search of the October 3, 2006 California Natural Diversity Database (CNDDB) shows occurrences of the silver -haired (Lasionysteris noctivagans) and western mastiff (Eumops perotis) bats within one mile to the northwest of the project site. Although both are identified by the Department of Fish and Game as mammalian species of special concern in California, neither is on a federal or state list for endangered, threatened or rare animals. The silver -haired bat is primarily a forest dweller, feeding over streams, ponds and open brushy areas and roosting in hollow trees, snags, rock crevices, caves, and buildings (Department of Fish and Game, 2005). The western mastiff bat occurs in open, semi -arid to and habitats, including woodlands, coastal scrub, annual and perennial grasslands and urban environments, roosting in cliff faces, trees, tunnels and high buildings. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 11 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) The project site does not contain prime habitat for either bat; however, the eaves of the church building (or some similarly secluded structural element) could provide roosting space. Impact Discussion: Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered "rare" and are vulnerable to extirpation as the state's human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as "Candidates" for such listing; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." Potential impacts upon biological resources due to the project include a minor loss of existing open space on the project parcels due to construction of the church and parking lot, and a potential for wildlife disturbance and mortality due to more intense use (e.g., increased auto traffic) of the project site and nearby environs. As the project site is in an area largely converted to urban uses and lacking in significant natural features (e.g., water features, oak woodlands) that could support wildlife, it does not likely offer habitat for special -status species. a — c) No Impact. As noted above, the nearest CNDDB special status species occurrence polygons for the silver - haired and western mastiff bats are some 1,000 feet to the northwest of the project site. Although the CNDDB lists only occurrences of special status species and cannot be used to determine presence or absence from any given location, development of the + 1 -acre project site - within a long -urbanized area south of Oroville — is not expected to have any adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The site does not support riparian or sensitive habitat of any kind, including any wetland resources. d) Less Than Significant Impact. The project site is not contiguous with any open space that could constitute a terrestrial wildlife corridor. Birds might use the project parcels for rest, foraging and nesting were suitable habitat on site (e.g., trees, substantial stands of shrubs). Construction of a church and parking lot at the project site is thus not expected to interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e -f) No Impact. There are no biological resources at the project site protected by any local policies or ordinances, nor is there an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan for the area. g) No Impact. Given the project's location in an urbanized area, removed from open space and occurrences of special -status species, and its small size and low potential for disturbance to habitat, it will not result in a reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals. h -k) Less Than Significant Impact. The project site currently offers a small (less than one acre) amount of isolated and low -quality open space that might be briefly used by some wildlife. Although construction of a church and parking lot will remove this degraded undeveloped space in an urbanized area, it will not, either by acting as a barrier or creating a lighting disturbance, have a significant impact upon wildlife migration or normal activities. Mitigation: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 12 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Cause a substantial adverse change in the significance of a X historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an X archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Setting: According to the Northeast Information Center (NEIC), the project site is not known to contain prehistoric or historic resource(s) listed in, or determined to be eligible for listing in, the California Register of Historical Resources (NEIC 2007). The NEIC does note the project site is in the Oroville historic gold mining district, consisting of the Oroville dredge fields, a ditch and tailings, and that unrecorded historic cultural resources may be in the area. However, given that the project site is 1.2 miles south of the Feather River as it flows adjacent to downtown Oroville, it appears unlikely that mining -related cultural resources would occur on or nearby the site. The 1983 Butte County Archaeological Sensitivity Map shows the project parcel to be within an area of moderate to low (including unknown) archaeological sensitivity. Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites, historical features and consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past, such as rock walls, water ditches, flumes, cemeteries and architectural features. While such resources have not been found at the project site, they may exist beneath it. Per Section 15064.5(b) of the California Code of Regulations, substantial adverse change occurs when a project results in the physical demolition, destruction, relocation, or alteration of a cultural resource or its immediate surroundings such that the significance of the resource would be materially impaired. a - d) Less Than Significant With Mitigation Incorporated. Site preparation for the construction of the church and parking lots may uncover and disturb significant cultural resources that lie below the ground surface. To protect cultural resources that may be uncovered at the project site, Mitigation Measure #3 requires that all development activity on the site halt and the County and a qualified archaeologist be notified in the event any cultural resources are encountered during development activities. Mitigation Measure #3: Place a note on all building and site development plans, that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 13 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that X 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 X the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? Setting: According to the Seismic Safety Element of the Butte County General Plan (1977), all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The project site is not within an Alquist-Priolo Earthquake fault or aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 4.7 miles east of the project site where, on August 1, 1975, the Richter magnitude 5.7 Oroville earthquake resulted in ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 14 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. Butte County GIS Fault Lines data (California Division of Mines and Geology, 1995) shows inferred faults approximately 2,000 feet to the west and 11,000 feet to the east of the project site. Similar to much of tectonically active California, the site will likely be subjected to seismic ground motion at some future time. Butte County GIS data (California Division of Mines and Geology, 1995) identifies the project site as having a "generally moderate" potential for liquefaction, "high" expansive soils, a "moderate" potential for erosion and a potential of "low to none" for landsliding. Impact Discussion: The intensity of ground shaking at any specific site depends on distance from and characteristics of the earthquake, and on the local geologic soils and conditions. Although strong seismic ground shaking is closely related to the proximity of active fault lines, at present there is insufficient data to accurately predict seismically induced ground motion in Butte County. The Cleveland Hills fault is the only fault line in Butte County that is recognized under the Alquist-Priolo Special Study Zones Act to pose a threat from fault rupture. The proposed structure would be required to meet the seismic standards of the appropriate seismic hazard zone as specified in locally adopted and Statewide provisions of the Uniform Building Code. Regarding threats to the structure due to liquefaction, expansive soils and erosion, the potential severity for each of these phenomena are influenced in part by the amount of moisture in the soil and slope; as the site is urbanized (e.g., paved streets, single-family dwellings with small yards), and as the site is level, soil moisture is not expected to occur to the extent that significant damage to structures would result from displacement of foundations. al —a2) Less Than Significant Impact. Because the project site is located relatively far from the Cleveland Hill fault (4.7 miles) and any future structures must be designed and built in accordance with Uniform Building Code standards for their appropriate Seismic Hazard Zone, there is little likelihood that ground rupture will cause impacts to project site buildings, and the potential for adverse effects due to strong seismic ground shaking would be less than significant. a3 — a4) Less Than Significant Impact. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally moderate potential for liquefaction and ground subsidence due to earthquake. As the project site lacks ground or surface water and is flat, there would be a less than significant impact to structures due to such seismically induced phenomena as liquefaction and landslides. b) Less Than Significant Impact. According to Butte County General Plan GIS data (California Division of Mines and Geology, 1995), there is a "moderate" potential for soil erosion on the project site. Public Works Condition of Approval B1 - Drainage requires that, prior to the issuance of the use permit, a permanent solution for drainage shall be submitted to and approved by the Department of Public Works in which runoff is detained on-site or conveyed to a receiving channel in a manner acceptable to the Department of Public Works. Best management practices will contain erosion on-site during construction. The potential for soil erosion on or in the vicinity of the project site will be reduced to less than significant by these measures. C) No Impact. The level project site is not located on a geologic unit or soil that is unstable or would become unstable with the addition of the proposed church and parking lots such that on- or off-site landslides, lateral spreading, subsidence, liquefaction or collapse might occur. d) Less Than Significant Impact. The Conservation Element's Expansive Soils Map (Butte County General Plan, 1971) indicates that the project site has a high expansive soil potential. However, as part of the building permit process for additional dwellings, the Butte County Building Division will ensure that the foundations of all new structures are designed for the shrink/swell characteristics of the site's soils. e) No Impact. The project site will be served by LOAPUD sanitary sewer. Mitigation: None necessary. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 15 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Create a significant hazard to the public or the X environmental through the routine transport use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment X through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous X materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, X 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? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? Setting: The project site is not located on or near any sources of hazardous materials and the nearest Cortese List site is the Koppers Industries superfund site about 2.3 miles to the southwest on the Baggett-Marysville Road. Churches are not known to produce or require the use of substances that are particularly harmful to the environment. Impact Discussion: A material is considered hazardous if it appears on a list of hazardous materials prepared by a federal, state or local agency, or if it has characteristics defined as hazardous by such an agency. Construction vehicles will use gasoline and diesel fuel on-site. These fuels, to be temporarily used under controlled circumstances, are not expected to cause significant harm to the environment. a — c) Less Than Significant Impact. This project does not involve the transport or use of any hazardous material. The use of diesel and gasoline by construction vehicles for this project is expected to pose a less than significant hazard to the public and construction workers. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 16 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) d) No Impact. The project site is not located on or near a hazardous materials site pursuant to Government Code Section 65962.5 (Cortese List) or any listed sites or sites known or suspected to contain hazardous materials. No impact to the public or environment is anticipated. e — g) No Impact. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and will not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. h) No Impact. The project site, in an urbanized area immediately south of Oroville, is not in a designated State Responsibility Area or an area susceptible to wildland fire. Fire protection would be provided by the El Medio Fire District and the nearest fire station - 3515 Meyers Street - is about 1/5 of a mile west of the project site on D Street. The El Medio Fire District Fire Chief has informed the Planning Division that it has no objection to the proposed project. Mitigation: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 17 of 42 ■ Less Than Reviewed Would the proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere X 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 preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or X 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 X 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? e. Create or contribute runoff water which would exceed the X 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 X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 17 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Setting: The project site is within the Feather River/Lower Honcut Creek watershed planning area as defined by Butte County Development Services and the proposed facility would result in new impermeable surfaces (roof, sidewalks and parking lot) that would cover approximately 39,730 square feet - almost all of the 0.92 acre project site. As noted above, a condition of approval is a drainage plan that contains runoff on-site or conveys it to a receiving channel in a manner acceptable to the Department of Public Works. The local neighborhood is not served by storm sewer. It is not within a 100 -year floodplain as determined by the Federal Emergency Management Agency (Map 06007C0985D, April 20, 2000), but it is within the inundation area given a catastrophic failure of Oroville Dam. Impact Discussion: New construction such as that proposed for this project can have two impacts to local hydrology: (1) the addition of point (e.g., effluent, toxics) and non -point (e.g., sediment, hydrocarbon and other toxic residues entrained by surface runoff during rainfall) pollutants to local receiving waters; and (2) increases in runoff that alter downstream drainage patterns, increase peak flows in receiving channels, and/or reductions in local infiltration. a) Less Than Significant Impact. The proposed project will be served by district sewage and water systems, and has received "will -serve" letters from the Lake Oroville Area Public Utility District and the California Water Service. The proposed use is not associated with effluent that, because of pollutant concentrations or high water use, would require special treatment or treatment plant expansion. Impacts to water quality standards would be less than significant. b) Less Than Significant Impact. An increase in impervious surfaces can decrease the amount of groundwater recharge. However, the total area of impervious surfaces in this instance — about 0.91 acres — is too small to significantly affect recharge in the area such that local groundwater volumes are depleted. c -e) Less Than Significant Impact. Increased concentration of runoff from impervious surfaces to receiving waters has the potential to increase erosion in the receiving channels. The Department of Public Works has conditioned its approval of this project with the following: Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. Again, the small size of this project is not expected to substantially increase runoff such that downstream erosion occurs. There are no substantial drainage swales on or near the project parcels and the proposed project will not alter local drainage patterns. Less Than Significant Impact. Rainfall running off of impervious parking surfaces can entrain such pollutants as hydrocarbon residues and dust, which could in turn decrease the quality of downstream ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 18 of 42 ■ Less Than Reviewed Would the proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact i. Expose people or structures to a significant risk or loss, X injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Setting: The project site is within the Feather River/Lower Honcut Creek watershed planning area as defined by Butte County Development Services and the proposed facility would result in new impermeable surfaces (roof, sidewalks and parking lot) that would cover approximately 39,730 square feet - almost all of the 0.92 acre project site. As noted above, a condition of approval is a drainage plan that contains runoff on-site or conveys it to a receiving channel in a manner acceptable to the Department of Public Works. The local neighborhood is not served by storm sewer. It is not within a 100 -year floodplain as determined by the Federal Emergency Management Agency (Map 06007C0985D, April 20, 2000), but it is within the inundation area given a catastrophic failure of Oroville Dam. Impact Discussion: New construction such as that proposed for this project can have two impacts to local hydrology: (1) the addition of point (e.g., effluent, toxics) and non -point (e.g., sediment, hydrocarbon and other toxic residues entrained by surface runoff during rainfall) pollutants to local receiving waters; and (2) increases in runoff that alter downstream drainage patterns, increase peak flows in receiving channels, and/or reductions in local infiltration. a) Less Than Significant Impact. The proposed project will be served by district sewage and water systems, and has received "will -serve" letters from the Lake Oroville Area Public Utility District and the California Water Service. The proposed use is not associated with effluent that, because of pollutant concentrations or high water use, would require special treatment or treatment plant expansion. Impacts to water quality standards would be less than significant. b) Less Than Significant Impact. An increase in impervious surfaces can decrease the amount of groundwater recharge. However, the total area of impervious surfaces in this instance — about 0.91 acres — is too small to significantly affect recharge in the area such that local groundwater volumes are depleted. c -e) Less Than Significant Impact. Increased concentration of runoff from impervious surfaces to receiving waters has the potential to increase erosion in the receiving channels. The Department of Public Works has conditioned its approval of this project with the following: Prior to the issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. Again, the small size of this project is not expected to substantially increase runoff such that downstream erosion occurs. There are no substantial drainage swales on or near the project parcels and the proposed project will not alter local drainage patterns. Less Than Significant Impact. Rainfall running off of impervious parking surfaces can entrain such pollutants as hydrocarbon residues and dust, which could in turn decrease the quality of downstream ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 18 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) receiving waters. In this instance, however, runoff pollutants from the two proposed parking areas, covering a total of approximately 0.45 acres, would have a less than significant impact upon water quality. g) No Impact. The project site is not located within a 100 -year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map 06007C0985D, dated April 20, 2000, (the nearest 100 -year flood zone is approximately 1,000 feet to the south on an unnamed waterway), and would not be exposed to 100 -year floods. h -i) Less Than Significant Impact. The project site, while not within a FEMA flood zone or an area protected by levee, is just within the Oroville Dam inundation area. The 2000 Federal Energy Regulatory Commission Oroville Dam inundation map shows that, in the event of a sudden and complete failure of the dam, the flood wave (which would eventually cover a substantial portion of Butte County's valley flatlands under varying depths) could arrive at the project site in less than twenty minutes. Given Oroville Dam's design, its historic integrity and performance (including at near project design capacity during the 1997 New Year's flood event), and annual safety inspections by both the Federal Energy Regulatory Commission and the Department of Water Resources, the risk of catastrophic dam failure which might endanger future users of the project may be considered less than significant. D No Impact. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or X regulations 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? c. Conflict with any applicable habitat conservation plan or X natural community conservationplan? Setting: The project is planned in the primarily residential, unincorporated South Oroville community, in an area zoned Residential -Nonconforming and designated Medium Density Residential by the Butte County General Plan Land Use Element. Impact Discussion: a) No Impact. The proposed church and parking lots sit wholly within the four project parcels and do not physically divide any physical feature jurisdictional boundary of the South Oroville community. b) Less Than Significant Impact. Butte County Code 24-125(c)(2) requires a use permit for a quasi -public use such as a church, and this project does not conflict in any way with any applicable land use plan, policy or regulation. A Planning Division condition of approval will be the merger of the three parcels on which the new church and parking lot would sit. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 19 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) C) No Impact. The Butte County Association of Governments is in the process of creating Habitat Conservation and Natural Community Conservation Plans for Butte County. Given the small project size and urban location, the proposed church facilities and use will not conflict with these as yet -to -be -approved plans. Mitigation: None required 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Potentially Significant Less Than Impact Under Significant with Significant Previous Impact Mitigation Impact No Document a. Exposure of persons to or generation of noise levels in Incorporated X Impact a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? X b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? Setting: The project is located in an urban area where there are little or no mineral resources. Although substantial dredger tailings are approximately 1 to 1.5 miles to the southeast (Wyman Ravine area) and southwest (between Highway 70 and the Union Pacific railroad tracks), there are no significant aggregate resources or mining activities within the vicinity of the project site. Impact Discussion: a- b) No Impact. 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 would have no impact on mineral resources. Mitigation: None required 4.11 NOISE: Would the proposal: Potentially Less Than Significant Less Than No Reviewed Under Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Exposure of persons to or generation of noise levels in X 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 X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in X the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without theproject? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 20 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Would the Less Than Reviewed proposal: Potentially Significant Less Than No Under Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Setting: Although the project site is in an urbanized, residential neighborhood in which homes surround the project site, the local neighborhood has appeared quiet on site visits. Within a three block radius of the project site, streets do not carry particularly heavy traffic and there are no nearby commercial or industrial activities producing noise in excess of that allowed by the Butte County General Plan Noise Element. Impact Discussion: As an environmental impact, noise may be defined as unwanted sound that can be a by-product of normal (day-to- day, regular) or atypical (sporadic, unusual) activities. Sound becomes unwanted when it interferes with normal activities, causes physical harm, or has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB), and the Butte County General Plan Noise Element (1977) sets a "normally acceptable" threshold of 60 dB and a "conditionally acceptable" threshold of up to 70 dB for residential neighborhoods. (In determining noise levels, the Noise Element of the Butte County General Plan states that "noise contours are to be expressed in terms of Community Noise Equivalent Level [CNEL] or Day -Night Average Level [Ldn] noise contours." CNEL and Ldn are weighted averages of day and night-time noise levels: "The CNEL and Ldn differ slightly but for the purposes of this Noise Element will be regarded as being the same.") Noise attenuates approximately six decibels for every doubling of distance. The church building is expected to contain the sounds of services and gatherings to well within the 60 dB threshold. a) Less Than Significant Impact. Sunday Church services and associated traffic would be the primary sources of increased noise associated with the project; neither would be expected to exceed the normally acceptable 60 dB threshold established by the Noise Element or constitute a significant impact upon surrounding residences. b) No Impact. No sources of ground -borne vibration or noise are anticipated with this project. C) Less Than Significant Impact. Increasing noise associated with the expanded church is not expected to be significant as it will be contained within the church. d) Less Than Significant With Mitigation Incorporated. Construction activities associated with grading and construction of the church would temporarily generate occasional high noise levels on and adjacent to the project site. Construction equipment (in particular, grading equipment) can generate noise levels ranging from 80 to 89 dB at a distance of 50 feet and would be attenuated at a rate of 7.5 dB per doubling of distance. While such noise would be intermittent and short-term in nature, the impact would be significant during those times when the conditionally acceptable 70 dB threshold was exceeded for extended periods or during regular sleeping hours. Mitigation Measure #4 will reduce this potential impact to less than significant. e) No Impact. The project site is not located within an aircraft overflight area and users would not be affected by the noise of any flying aircraft in an airport traffic pattern area. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 21 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) f) No Impact. Visual inspection of the County's 2006 aerial photo database indicates that the project is not in the vicinity of any private airstrips. No noise impact is expected from private planes flying over and using private airstrips in the project area. Mitigation Measure # 4: Place the following note on all building and site development plans: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be placed on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. 4.12 HOUSING: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Induce substantial population growth in an area, either X 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, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Setting: ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 22 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) The proposed project, an expanded church facility whose use does not relate to housing demand, is within the urbanized South Oroville community. Impact Discussion: a -c) No Impact. The project bears no relationship with housing demand: it will not induce population growth by proposing new homes or through the extension of infrastructure, nor would it displace any existing housing or people such that replacement housing would have to be built elsewhere. Mitigation: None required 4.13 PUBLIC SERVICES: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Would the project result in substantial adverse physical X 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? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Setting: The expanded church facility represents a quasi -public land use, with the potential of bringing up to two hundred or more people together for Sunday service(s) and lesser numbers for weekday evening events and classes. Fire protection would be provided by the El Medio Fire District and police protection by the Butte County Sherriff s Department. The facility would not require school or park services. The applicant has obtained will serve letters from the Lake Oroville Public Utility District (LOAPUD) for sanitary sewer service, and from the California Water Service Company for potable water delivery, and a condition of approval is that rainfall runoff is contained on site or, per the Department of Public Works, adequately conveyed to a receiving channel. Impact Discussion: a) Less Than Significant Impact. The proposed church and parking lot would make no significant demand upon any governmental facilities such that new or altered facilities must be built. b) Less Than Significant Impact. The new church structure would be constructed to current fire and safety codes, and no objections to the project were received from the El Medio Fire District. C) Less Than Significant Impact. The church -based services enabled by project are not expected to create any new need for police protection. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 23 of 42 111 Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) d -e) No Impact. The project is not residential and will create no demand for schools or parks. f) Less Than Significant Impact. Impacts upon water, sanitary and storm sewers, phone and electrical services are all expected to be less than significant for this project which will bring up to two hundred or more people together for a limited number of hours per week. Mitigation: None required 4.14 RECREATION: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under proposal: Significant with Significant Previous Impact Mitigation Impact No Document Impact Incorporated Impact Impact Document a. Increase the use of existing neighborhood and regional Incorporated X parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or X expansion of recreational facilities which might have an adverse physical effect on the environment? Setting: This is a conditional use permit to allow a quasi -public use in a residential neighborhood that would bring up to two hundred people to the project site for a few hours on Sundays for church services, with lesser numbers coming together at other times for socials and study. Impact Discussion: a -b) No Impact. The proposed project will not increase the use of neighborhood parks or require the construction or expansion of recreational facilities. Mitigation: None required 4.15 TRANSPORTATION/TRAFFIC: Would the Less Than Reviewed proposal: Potentially Significant Less Than Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Cause an increase in traffic which is substantial in relation X 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)? ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 24 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patters, including either an X increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., X sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X E Result in inadequate parking capacity? X g Conflict with accepted policies, plans or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Setting: As noted in Section 4.3 and Table 4.1 above, although traffic counts in the immediate vicinity of the project site are not available, there appears to be little traffic congestion within the four -block area surrounding the project site, as through - traffic appears (on the basis of several site visits) to largely use perimeter roads (e.g., Myers Street, Wyandotte Avenue) around the South Oroville community. The Level of Service for the immediate area, per Table CIR-8 from the 1984 Circulation Element of the Butte County General Plan, would be "A" (fewer than 9,600 average daily trips). Peak use of the proposed church is expected to occur during certain holiday services, special events such as weddings, and Sunday mornings. The church would have fixed seating for up to 226 people. As noted above, the Institute of Transportation Engineers Trip Generation Manual provides trip generation estimates for churches (based on gross square footage) varying between 5.17 and 24.79 trips per 1,000 square feet during the Sunday peak hour generator period of 9:00 am to 1:00 pm. For the proposed 7,000 square foot church the Trip Generation Manual thus predicts between 36 and 174 trips during peak hour period on a Sunday morning. Forty-five off-street parking spaces are proposed; presumably local neighborhood streets would absorb the additional demand for parking that could occur during services and other events. Parking access for both lots would be from D Street and, for the lot on the northwest comer of Fallbrook and D, from Fallbrook. The 45 off-street parking spaces planned for the project exceeds Butte County Code Section 24-240 requirements for churches of one parking space per six seats (or 38 spaces for this project). An additional 360 feet of street parking on Fallbrook and D, adjacent to the project parcels, would also be available for local parking (that is, for church attendees and the neighborhood) — the equivalent of approximately 18 compact or 16 standard -sized, parallel - parked street spaces for automobiles. Impact Discussion: a) Less Than Significant Impact. During Sunday service(s) and, to a lesser extent, during weekday and evening activities (study, socials), traffic carrying attendees can be expected. As noted above in Section 4.3, estimates for the amount of traffic vary considerably in the Traffic Engineers Handbook. The structure would have 226 fixed seats. b) Less Than Significant Impact. Butte County has not established level of service thresholds for South Oroville. However, given the temporary duration of services and activities at the project site, the project is not ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 25 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) expected to exceed, for more than brief periods of time associated with arrivals and departures, either individually or cumulatively, the current level of service of "A" assumed for the immediate project neighborhood. c) No Impact. The proposed church will not result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results in substantial safety risks. d — e) Less Than Significant Impact. A substantial increase in traffic due to services or other events could increase the potential for auto -related hazards as cars enter and exit the parking lots and, if necessary, pull into spaces on the surrounding streets. Regarding street improvements, the Butte County Department of Public Works requires the following conditions of approval for this project: 1. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 2. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. Improvement Standard No. S-5 specifies standards for a concrete pedestrian ramp, providing for improved pedestrian safety at the Fallbrook and D intersection. As church -goers approach the project site, drivers are expected to slow to safe speeds as drivers look for parking. f) Less Than Significant Impact. As noted above, predictions of the number of cars attending a service are variable. Proposed off-street parking will accommodate 45 cars while the on -street parking in front of the church and parking lot could accommodate some 16 to 18 more. This amount exceeds Butte County Code Section 24-240 requirements for one parking space per six seats. However, Section 24-240 standards have, in this case, the practical effect of assuming up to six persons per car parking for a church event — a perhaps unlikely scenario. Ride -share information is not available regarding the average number of occupants in a church -going automobile. The church will have 226 fixed seats; assuming a full house, an unlikely four riders per car, and assuming all attendees drove, local on and off-street parking could be exceeded with potential (if temporary) congestion and/or safety impacts for the local neighborhood. A Planning Division condition of approval for this project will require the church owner(s) to institute the following Transportation Demand Management program to encourage ride -sharing should local parking and consequent congestion become a neighborhood problem: If, over a period of more than one consecutive month, more than 16 cars carrying church attendees park at or within two blocks of the church during services or activities, a transportation demand management (TDM) program shall be required to reduce parking congestion. The TDM program shall require the church owner to institute any or all of the following measures for church services and functions as needed to reduce neighborhood parking conflicts: 1. Designate a manager to coordinate travel to the church with a goal of minimizing single - rider automobile trips. 2. Identify opportunities for shared trips and initiate a carpool and/or vanpool program. 3. Provide preferential parking for carpools and/or vanpools. 4. Provide bicycle racks or other secure bicycle parking. g) No Impact. Butte County has no accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 26 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Setting: The project site is served by LOAPUD and the California Water Service. Impact Discussion: a - c) Less Than Significant Impact. The facility will be served by LOAPUD and its limited use would have a less than significant impact upon any wastewater treatment facilities. Given the Department of Public Works drainage condition noted above in Section 4.8, the project is not expected to increase runoff to the extent that additional storm water or water drainage facilities would be necessary. d) Less Than Significant Impact. The project has been issued a `will -serve' letter by the California Water Service and there is no indication that new or expanded water entitlements would be necessary. e) No Impact. A determination by LOAPUD regarding adequate wastewater treatment facilities is not necessary in order to serve the project. Less Than Significant Impact. The project could increase the solid waste being deposited in the Neal Road Landfill by a negligible amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would not have a significant impact on solid waste disposal. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 27 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) g) No Impact. Any solid waste generated by the development associated with the project must comply with applicable federal, state, and local statutes and regulations. Mitigation: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Less Than Significant Less Than Reviewed Under Significant with Significant Previous Impact Mitigation Impact No Document Incorporated Impact a. Have the potential to substantially degrade the quality of X 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 orprehistory? b. Have impacts that are individually limited, but X cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future rojects)? c. Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Impact Discussion: a) Less Than Significant With Mitigation Incorporated. The project would have a less than significant impact on the quality of the environment, would not substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, or reduce the number or restrict the range of a rare or endangered plant or animal. Site preparation and construction activities for the project do have the potential to impact cultural resources. Mitigation #3 will insure that such resources, should they be uncovered during future construction work, will be preserved. b) Less Than Significant With Mitigation Incorporated. An assessment of a project's relation to cumulative impacts for a given area includes consideration of whether a cumulative impact is significant and whether the project's incremental effects would be cumulatively considerable. Table 5.1 and the Area Development Applications map below indicate that the County is currently processing one subdivision entitlement application, and has conducted a pre -development review for an additional subdivision proposal (for a multi -unit development) within a 2,500 foot radius of the project site. Table 5.1 Subdivision Projects Under Consideration By Butte County Within 2,500 Feet Of The Proiect Site Project Potential Lots TSM06-0017 644 PRED 07-0004 31 (Units) ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 28 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Approval and recordation of the subdivision application would result in a total of 644 parcels; were the pre - development project to be approved, 31 units would result. These specific projects are considered to be "reasonably foreseeable probable future projects" as defined by Section 15355(b) of the CEQA guidelines. Should these projects be approved and constructed (including the proposed "Wynn Memorial" project, UP06-0026) there could be cumulative impacts in areas such as traffic, air quality, and public services. In the same area, the County has approved one Lot Line Adjustment that does not have the potential to create new parcels and associated impacts. Based upon this preliminary information, the total number of "new/additional" single family residential lots that would be developed in the 2,500 foot radius of this project would be approximately 644 (some parcels created have "existing" homes). An additional 31 housing units could develop as multifamily housing. Based upon an average household size of 2.5 persons per household (see Section 4.12, Housing), the estimated population resulting from these proposed and approved new residential parcels would be approximately 1,688 persons. All land subdivision projects approved by Butte County are required to be consistent with the land use plans and regulations of the County, including the County's General Plan that contains policies and programs designed to reduce the potentially significant impacts of future development in the County. As approval of the proposed project must be consistent with the County's General Plan (see Section 4.9, Land Use), the potential cumulative effects of the project, along with those of the other projects, would be consistent with the County's current General Plan. (The County is currently in the process of developing an updated General Plan. Completion of this plan is expected in 2009.) A summary of potential cumulative impacts associated with the project, by environmental issue, is presented below. 1. Transportation/Traffic Although the Department of Public Works notes no particular traffic issues in the project area, a cumulative transportation/traffic impact may occur due to development under consideration by the County within 2,500 feet of the project site. As described in Section 4.15 Transportation/Traffic, forecasts of future traffic volumes resulting from this project are highly variable given both the use (a church) and the periodic nature of its use (Sundays, some weekday evenings). The impact increases in traffic due to these projects would presumably be mitigated by the County's requirement for new development to pay traffic impact fees that would be applied to future roadway improvements in the area. Further, the project's periodic transportation/traffic impact would not significantly contribute to cumulatively considerable impacts relative to these projects currently under consideration. 2. Public Services The project may have cumulative effects on police and fire protection services and schools. However, as discussed in Section 4.13, Public Services, the project would place additional but insignificant demands on these services. Further, a cumulative impact to these services would be mitigated by impact assessments at the time building permits are issued. The project's small size would not contribute significantly to cumulatively considerable impacts upon provision of public services relative to other development under consideration within 2,500 feet of the project. 3. Hydrology and Water Quality There are currently no identified hydrology, water quality or drainage issues related to runoff within 2,500 feet of the project site. Development under consideration by the County within this area can be expected to result in a cumulative increase in impervious surfaces, thus generating ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 29 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) greater amounts of surface runoff. All development projects are required to comply with County's policies and standards regarding storm drainage. In the case of this project, the Butte County Public Works Department has conditioned its approval of a drainage plan that specifies how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility, providing that there shall be no increase in the peak flow runoff to said channel or facility. Further, the project's contribution to potential cumulative drainage impacts would not be cumulatively considerable relative to other development under consideration within 2,500 feet. Cumulative impacts due to potential development under consideration by Butte County within 2,500 feet of the project will not be collectively significant because of existing policies designed to mitigate those impacts as they may occur with other development, and because incremental effects of this project — resulting in two lots — would not be cumulatively considerable. The project also has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 — Aesthetics; 4.3 — Air Quality; 4.5 — Cultural Resources; and 4.11 — Noise. However, cumulative impacts to these areas will be mitigated by Mitigation Measures #1 through #3 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. C) Less Than Significant Impact. Given the limited use (primarily on Sunday mornings and weekday evenings) of the project site for services, study and church gatherings, the project will have less than substantial direct or indirect adverse environmental effects on human beings. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. Mitigation Measure # 2: Place a note on all building and site development plans that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 30 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District (BCAQMD) shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at lease once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3: Place a note on all building and site development plans, that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 31 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 2. Butte County Improvement Standards. June, 2002. 3. Butte County Planning Department. Earthquake and Fault Activity Man 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 4. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 6. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 12. California Department of Fish and Game, 2005. Biogeogrpahic Data Branch hgp://www.dfg.ca.gov/bdb/cwhr/lha/tha M030.pdf 13. California Department of Conservation. Farmland Mapping and Monitoring Program. Sacramento, CA: 2007 14. California Department of Fish and Game. California Natural Diversity Date Base, Version 3. 1, October, 2006. 15. California Department of Forestry and Fire Protection. Fire Hazard Severity Zones. Sacramento, CA: 1985 16. California Department of Forestry and Fire Protection. Multi -Source Land Cover Data (Volume 2_1). Sacramento, CA: 2002. 17. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1998. 18. Soil Survey of Butte Area, California, Parts of Butte and Plumas Counties. National Resource Conservation Service, 2007. (www2.ftw.nres.usda.gov/osd/dat/P/PARADISO.html) 19. Northeast Information Center of the California Historical Resources Information System. Letter regarding UP06-0026, August 17, 2007. 20. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 21. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. ■ Butte County Department of Development Services ■ ■ Initial Study - Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 32 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Air Quality Management [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [X] Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] National Marine Fisheries Service [ ] US Fish & Wldlife Service [ ] ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 33 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: ]/We have reviewed the Initial Study for the Nichols, Milburg, Rossetto & Everett Use Permit 06-0026 application and particularly the mitigation measures identified herein. I/We hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initi Study. Project Sponsor Project Agent✓ Date Project S onsor/Project Agent Date L'.1)1'-MKIl()I.i1\II:IIiIill +';;dI'll +iIli{I'I'++I:Pni,-riu'+ii'(_1!+-,I!:,IiE:';;;:k.11()Iti\IllI'll !R+il11r;til'I'1++I:frl,I: i; rot I.P+++,-++++'—n ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 34 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Nichols, Milburg, Rossetto & Everett UP06-0026 Location Map ■ Butte County Department of Development Services ■ ■ Initial Study —Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 35 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Nichols, Milburg, Rosetto & Everett UP06-0026 (Wynn Memorial Church) Local Zoning ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 37 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Nichols, Milburg, Rosetto & Everett UP06-0026 (Wynn Memorial Church) General Plan Designations ■ Butte County Department of Development Services ■ ■ Initial Study —Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 38 of 42 ■ Project Name: Nichols, Milburg, Rossetto & Everett UP 06-0026 (Wynn Memorial Church) Nichols, Melburg & Rossetto U P06-0026 Subdivisions Under Consideration Within 2,500 Feet of the Project Site ■ Butte County Department of Development Services ■ ■ Initial Study — Nichols, Milburg, Rossetto & Everett UP06-0026 ■ Page 39 of 42 ■ 0m,V 0 20M .4— GENERAL NOTES FE, mi. NICHOLS MELBURG ROSPTTO DENEMAL QTFS�... EVA, TT - — - - - - 100 FRUdRCgB DR. SIM 243 FAIR GM CALIMM& -2 § I O I 1 %QI W 967-00 PARICNG da.LcuLAmoN FAX GIA 967 -HO t4 I � SITE PLAN II ," ,�s, — — — I i , A I � I r —iJt..__ Ce:4 -1" _____—__� MEETWOMOUSC FOR WYNN MEMORIAL CHURC.1 OF GOD IN CK:11ST REVISED SrrE PLAN PRELPAINARY DESIGN ao.laa sr arc SDIA irk vr_ NICHOLS MELBURG RO:rTO EV TT FAUL OAn OAUPORNIA "o ow 967410 777, FAX M 961-M10 WEST ELEVATION J NORTH ELEVATION SOUTH ELEVATION A Pro"mc %lom-Dialotm- FOR WYNN MEM0.11AL CFlLr%C'r. OP WD M CERST rmc IOW FEVGM EXTECIOR ELEVAMNS PREUkKNARY x. Omm Er LEAST ELEVATION A3.1 ik ... ..... . ....... RZ NICHOLS MELBURG ROMTTO EV TT 90 PRD&M M SURE M FAR OAKS CMZCW" %7 -DW FAX 0161 97-1410 FPLANTING PLAN ........ . .... N: P- A PrcPcaed MEFIINWOUME FOR Sri YK-M Bi HMOrslAL cMjRcM OF 301) IN CARZT D 8"Rw O U.A a s�¢er arc PEVISED PLANTING -LAN PFEUMINARY DESK2N rye w. s3o Ll .1 ro z Form A Notice of Completion & Environmental Document Transmittal SCH # Mail to: State Clearinghouse, PO Box 3044, Sacramento, CA 95812-3044 916/445-0613 Project Title: Nichols, Milburg & Rossetto UP 07-0001 Lead Agency: Butte County Contact Person: Chris Thomas Mailing Address: 7 County Center Drive Phone: 530-538-6706 City: Oroville Zip: CA County: Butte County — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte Cross Streets: D Street and Fallbrook Avenue Assessor's Parcel No. 035-114-026, 035-116-006 Within 2 Miles: State Hwy #: 162, 70 Airports: None Document Type: City/Nearest Community: Oroville Zip Code: 95965 Total Acres: 1 acre Section: 17 1 TWP- 19N Range: 4E Base: None Waterways: Feather River Railways: Union Pacific Schools: Wyandotte Elementary CEQA: ❑ NOP ❑ Supplement/Subsequent EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons (Prior SCH No.) ❑ EA ❑ Final Document © Neg Dec ❑ Other ❑ Draft EIS ❑ Other ❑ Draft EIR ❑ FONSI ----------------------------------------- Local------------------- ------------------- Local Action Type: ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development © Use Permit ❑ Coastal Permit ❑ Community Plan — — — — — — — — — ❑ Site Plan — — — — — — — — — — — ❑ Land Division (Subdivision, etc.) ❑ Other — — — — — — — — — — — — — — — — — — — — — Development Type: ❑ Residential: Units Acres ❑ Office: Sgft. Acres Employees ❑ Commercial: Sgft. Acres Employees ❑ Industrial: Sgft. Acres Employees ❑ Educational ❑ Recreational Funding (approx.): ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts ❑ Waste Treatment: Type ❑ Hazardous Waste: Type © Other: 7,000 sq. ft. church with parking lots (45 spaces) Federal $ None State $ None Total $ None — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Issues Discussed in Document: © Aesthetic/Visual ❑ Agricultural Land ) Air Quality © Archeological/Historical ❑ Coastal Zone . © Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal ❑ Flood Plain/Flooding ❑ Forest Land/Fire Hazard ❑ Geologic/Seismic © Minerals © Noise ❑ Population/Housing Balance © Public Services/Facilities ❑ Recreation/Parks ❑ Schools/Universities ❑ Septic Systems © Sewer Capacity ❑ Soil Erosion/Compaction/Grading ❑ Solid Waste ❑X Toxic/Hazardous ' ❑X Traffic/Circulation ❑ Vegetation © Water Quality ❑ Water Supply/Groundwater © Wetland/Riparian ❑X Wildlife ❑ Growth Inducing ❑X Landuse ❑X Cumulative Effects ❑ Other Present Land UselZoning/General Plan Designation: Residential/(R-N (Residential Nonconforming)/MDR (Medium Density Residential) -------------------------------------- Project Description: Use Permit to construct a 7,000 sq. ft. (226 seat) church and two parking lots (total 45 off-street spaces) in a residential area. Church will be serviced by public sewer and public water. January 2004 23 Reviewing Agencies Checklist Form A, continued . KEY Resources Agency S = Document sent by lead agency Boating & Waterways X = Document sent by SCH ✓ Coastal Commission = Suggested distribution Coastal Conservancy Colorado River Board Conservation Fish & Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics _California Highway Patrol CALTRANS District # 3 Department of Transportation Planning (headquarters) _Housing & Community Development _Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services OLA (Schools), Public Review Period (to be filled in by lead agency) Starting Date November 13, 2007 Signature Lead Agency (Complete if applicable): . Consulting Firm: Address: City/State/Zip: Contact: Phone: Applicant: Tou Vang Address: 2413 V-7 Road City/State/Zip: Oroville, CA 95966 Phone:5( 30 ) 521-6793 Environmental Protection Agency Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy . State Lands Commission Tahoe Regional Planning Agency Other Ending Date December 13, 2007 Date For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: Department ofDevelopment Services INTER -DEPARTMENTAL REVIEW COMMITTEE DATE/TIME: Wednesday, October 18, 2006, 1:00 p.m. to 3:00 p.m. LOCATION: 7 County. Center Drive, Conference Room A, Oroville, California AGENDA Oroville �% OZ r0� 1. Nichols, Melburg & Rossetto, UP06-0026, 035-114-026; 035-116-006; 007; 008 Planner: Chris Thomas Zoning: R -N (Residential-Noncon or in ) Completeness of Application Evaluation General Plan: MDR (Medium Density ntial) Use Permit for the construction of an approximately 7,000 sq ft woo e, single story �Lb, church with assembly area, classrooms, restrooms, office, kitchen, an 1 djacent parking spaces Across D Street, on the northwest corner of D and Fallbrook Ave., the current church � i be demolished to make way for a parking lot for 38, additional parking spaces. V raradise ci� 2. Northstar Engineering, TSM06-0016, 055-540-037, 001, 016 Planner: Mark Michelena Zoning: FR -40 (Foothill Recreational, forty- acreparcels) Completeness of Application General Plan: AR (Agricultural Residential) valuation ase three of Blue Oaks Terrace, subdivision of +-225 acres into six parcels off Skyway, of Paradise. west Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7601 Page 1 of 1 KWIDRAgendas/2006Agendas 3 • ROJECT COORDINATION F 40L DATE of IDR: October 18, 2006 PLANNER: PROJ. NAME: Northstar Engineering PROJ. NUMBER: TYPE: Project Evaluation and Completeness of Application APN: ,05-5-54e�-fm, 0 0 1, oil US DEPARTMENT COMMENTS READY FOR HEARING? PLANNING �r/ Dti PUBLIC WORKS ENVIRONMENTAL HEALTH C".'r COUNTY COUNSEL AG. BUILDIN.pG ASSESSOR FIRE K:/IDR Agendas/Project Coordination Form.doc N ItC44 O.L S 'MEL ;U.R :G , . RO.S;S.ETTO -` ARCHITECTS/ENGINEERS Myriari:,Galler.' ; f 5330 &rnrosebrive; Suite 248 Fair Oaks, CA, 95628 + (916) 9671340 ' . Faz (916) 9617-1410' galler@nmrdesign.com www.nmrdesign.com UP06-0026 fora 7000 sf church and parking lots, APNs 035-114-026, 035-116-006 through 008 Owner: Wynn Memorial Church. Pastor Adrian Hills (514-0481) Applicant/representative: Nichols, Melburg & Rossetto (916-967-1340) Location: A church with parking lots will be constructed on four parcels at the north and southwest corners of the intersection of D Street and Fallbrook Avenue about 1,000 feet south of Oroville, in a neighborhood of single-family residences. Development Plans: On the southwest corner (APNs 035-116-006 through 008), construction of a church with assembly area, classrooms, restrooms, office and kitchen and an 11 space parking lot; on the northwest corner (APN 035-114-026, on which an existing church will be removed) a second landscaped parking lot with 38 stalls. As proposed church building will cross 006 and 008, assume a merger will be made a condition of the Use Permit. Representative stated that the church would be used primarily for Sunday worship and Sunday school. During the week the pastor and one support staff were expected to be there daily; there would be one mid -week service, and one evening bible study attended by perhaps 20 people. Supervisor District: #1 — Supervisor Connelly Current Zoning: R -N (Residential Non -Conforming — public and quasi -public uses are allowed by use permit) General Plan: MDR (Medium Density Residential — with primary uses of urban residential and secondary uses including public and quasi -public. Not consistent with the R -N zone. Other: Within Oroville Urban sphere and area, LOAPUD, El Medio. Use Permit Required Findings (Sec. 24-41(d) — Minor Use Permit): (d) Findings. The approving authority shall make the following findings before granting the permit; (1) That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county (yes — quasi -public church use compatible with this urban neighborhood); and (2) That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: a. Harmony in scale, bulk, coverage, and density; - yes 9 • b. The availability of public facilities, services and utilities; - LOAPUD, EI Medio, ButteCo. Transit stops for #27 and 30 buses about 1/4 mile to north on Wyandotte Ave. c. The harmful effect, if any, upon desirable neighborhood character; - negligible? d. The generation of traffic and the capacity and physical character of surrounding streets; - perhaps, hours of operation unknown CALL Applicant e. The suitability of the site for the type and intensity of use or development which is proposed; - suitable for neighborhood church facility f. Any other relevant impact of the proposed use. History: Was subject of a Use Permit (02-09) in 2002 where church was to be on northwest side of intersection. Created as part of the El Medio Subdivision — no recorded map online. • APN 035-114-026: o UP 02-09 for a church on the northwest corner (with required parking across "D" Street, Oroville (not in building file, apparently lapsed and never built) o BP06-233 Upgrade panel to 200amp APN 035-116-007 o Various permits associated with a mobile home 1979-1995, now removed • APN 035-116-008 o Various permits associated with a mobile home, now removed. Comments/Conditions: Public Works - COMPLETE STREETS 1. Prior to the issuance of use permit, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. 2. Prior to the issuance of use permit, deed to Butte County in fee simple 30 feet of right-of-way from the centerline of Fallbrook Avenue and D Street along the entire property frontage. The right-of-way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. DRAINAGE 1. Prior to the.issuance of use permit, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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. LEGAL LOT STATUS 1. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. 9 0 Environmental Health - COMPLETE; confirm that daily kitchen use will not occur. 1. Area served by public sewer and water. Requires willing and able to serve letters for providers — LETTERS ARE IN FILE. CDF — COMPLETE BUILDING — Complete; condition will be to demo existing structure(s); sprinlers will be required. PLANNING — COMPLETE; check for parking requirements in code. Page 1 of 1 Thomas, Chris From: Fowler, Steve [Steve. Fowler@fire.ca.gov] Sent: Sunday, November 05, 2006 9:36 AM To: Thomas, Chris; emfdfire@sbcglobal.net Cc: Engel, James Subject: RE: UP06-0026 Chris, passed this on to EI Medio Fire Chief Rusty Ohlhausen last week. He said he would take care of it. I will remind them today. My chief does not want me to do anything in EI Medio. Steve From: Thomas, Chris [mailto:CThomas@buttecounty.net] Sent: Friday, November 03, 2006 9:00 AM To: Fowler, Steve Cc: Read, Darren Subject: UP06-0026 Hi Steve — I never received your conditions for the above project (Wynn Memorial Church, corner of D Street and Fallbrook Ave. in just south of Oroville.) Could you send them? Thanks, Chris Thomas Associate Planner Butte County Department of Development Services 530.538.6707 (direct) 530.538.7541 (main) 530.538.2140 (fax) www. buttecounty. net/dds 11/15/2006 Nichols, Melburg & Rossetto U P06-0026 Local General Plan Designation J PTN. SEC. 17, T. 19N. R. 4E. M.D.B. &M. I 108 � I B N.00 wane soY STREET � O Q 8 l II& Pate 201 8 2 1 3 .2� i W2l 1 4 1 5 .2 Ac 20 6 7 11Ac .ilAc O 8 .11Ac L5 9 .11Ac t6 108 2 .ifAc N.00 00 44.OtlN.00 N.Q7 la l9 l5 O 13 N.Om 24 132.00 ; ' .07Ac 1cI9 1 IOC 1 16A6c 1 .21Ac IS 1 14 I lAc 13 A lAc 12 A lAc it 10 $ E .11Ac .IIAc AIA c .1I& AlAc .11Ac A lAc c 17 D 44.W 00 N.00 N.00 N.M N.00 44.00 O $3 3 O O 10 O 15 1 2' 11 4 5 1 6 7 8 9 10 - 1J4c .26A� .13Ac •13Ac .13Ac .13Ac 13Ac .26Ac V , 4.00 00 N.00 44.00 44.00 N.00 N.00 �00 15 EL MED10 SUB. 12, A M.O.R. 15/16 'v O O O O O 19 C 1 2 3 4 5 6 7 8 9 IO 11Ac .11Ac .11Ac .11Ac 274c .ilAc .IlAc I.IlAc .ifr Ti .I I& .ifAc .11Ac .11Ac .II& .11Ac .11Ac .11Ac .11Ac .I I& 020 19 18 17 16 15 14 13 12 11 $ l7 21 20 IS l4 l3 12 II 1p O8 L 35-11 STREET N.00 00 44.OtlN.00 N.Q7 la l9 l5 O N.00 N.Op 13 23 N.Om 24 132.00 ; ' a 2 3 4 5 6 7 8 i 9 i 10 $ E .11Ac .IIAc AIA c .1I& AlAc .11Ac A lAc 17 m 16A .ifAc 20Ac1 .I�Ac 44Ac OR20 i 1 i 19 i 17 16 15 14 i 13 12 ox 12 66 "0 1 1 80.00 1.00 1 174.(p STREET M O 00 00 9 8 00 44.00 N.00 Sam 8 � 1 2 3 i 4 5 1� 6 7 8 9 10 = 26Ac .26Ao 1 6 1264c 1 .13Ac .13Ac 26Ac a N.00 44M X00 100 44.00 N.00 6g00 Bute County Assessors Mop Book 35, Page 11 NOTE These pamels are for amt mposa bbM legal 16 only and nay not mmn parol& C AIED BY OB CWATO 0-N 4-20-2000 REVISED BY 08 MW ON 3-28-2003 1 UFEVW 2003-04 ROU Conpilad The Wft Omb, Amsors office Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 . (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING " PLANNING November 19, 2007 Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA 95628 Subject: Nichols, Melburg & Rossetto— Payment of CDFG CEQA Fees Use Permit for the construction of an approximately 7,000 sq ft wood frame, single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be demolished to make way for a parking lot for 38 additional parking spaces. APN: 035-116-006 Dear Melburg & Rosetto Nichols: This office is pleased that your project is scheduled for hearing before the Butte County Planning Commission on December 13, 2007. If the Planning Commission approves your project, it is the responsibility of this office to file a Notice of Determination (NOD) with the Butte County Clerk, pursuant to the requirements of the California Environmental Quality Act (CEQA). You may have been aware of fees collected by this office on behalf of the California Department of Fish and Game (CDFG) and the Butte County Clerk in conjunction with the filing of the NOD. These fees are required pursuant to the State of California's Public Resources Code (Public Resources Code §711.4). A $36 fee was collected at the time your application was submitted. Most of our 2006 applications noted that you would be responsible for the statutory $1,250 CDFG fee if the project is approved. As of January 1, 2007, the State Legislature increased the CEQA fees for filing a Notice of Determination to $1,800 and $50 respectively. Therefore a balance of $1814.00 is due on your project. In addition, the Legislature removed local authority for determining any exemptions to these fees and placed that responsibility with CDFG. Staff has investigated whether the increased fees could be applied only to projects submitted after January 1, 2007 and discovered that was not the case. All fees must be paid prior to the filing of the Notice of Determination. The Public Resources Code states: The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of 0 Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Public Resources Section 711.4 (c) (3)) (emphasis added). As a result of these changes, the $1,800 Department of Fish and Game filing fee (payable to Butte County) is now collected by the Department of Development Services prior to circulation of Draft Negative Declarations. In cases such as yours where the Draft Negative Declaration has already been circulated, we request the required additional fees $1814.00 be paid prior to the public hearing to allow us to complete your project and meet the requirements of the new legislation. I understand this represents a substantial increase in fees you were originally informed of for this application and apologize for the inconvenience caused by this change in state law. I have enclosed a copy of a cover letter from the County Clerk -Recorder further explaining the fee. We look forward; as we are sure you do, to the Planning Commission hearing and completion of your project. Please contact myself at 530-538-6706 with any questions. Sincerel , f Chris Thomas Associate Planner cc: Wynn Memorial Church PO Box 5274, Oroville, Ca 95966 Terry Tolliver 2232 Misty Hollow Drive, Rocklin, Ca 95765 0 *JTTE COUNTY RECEIFIS 7 County Center Drive Oroville, CA 75965 Receipt Number: PRJ157 Project Number: UP06-0026 Site Address: 2511 D ST Applicant: Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA 95628 Description: Printed: 9/26/2006 12:01 pm Fee Description Account Number Fee Amount Notice of Determination/Exempt 0010-470001-4612319-1010 $36.00 Use Permit plus EH Fee -AG 0010-460001-461200-10100 $32.50 Use Permit plus EH Fee -EH 0010-540003-4614901-1010 $404.00 Use Permit plus EH Fee -FR 0100-450001-4617240-1010 $347.00 Use Permit plus EH Fee -LD 0010-440004-4611700-1010 $165.00 Use Permit plus EH Fee -PL 0010-440001-4210900-1010 $2,970.00 Total Fees Paid: Date Paid: 9/26/2006 Paid By: WYNN, MEMORIAL CHURCH Pay Method: Check 3449 Received By: CJT $3,954.50 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Nichols, Melburg & Rossetto 5330 Primrose Drive, Suite 248 Fair Oaks, CA 95628 a 0 Project Title/File Number: USE PERMIT, UP06-0026 APN: 035-116-006 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ® A. Negative Declaration $1,876.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2606.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # PRJ157, P870 & P1056 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: March 26, 2008 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. NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 035-116-006 Project Title: UP06-0026, USE PERMIT Applicant: Nichols, Melburg & Rossetto, 5330 Primrose Drive Ste. 248, Fair Oaks, CA 95628 Contact Person: Chris Thomas Telephone Number: 538-7601 Project Description: Use Permit for the construction of an approximately 7,000 sq ft single story church with assembly area, classrooms, restrooms, office, kitchen, and 11 adjacent parking spaces. Across D Street, on the northwest corner of D and Fallbrook Ave., the current church will be retained and surrounded by a parking lot for 34 additional parking spaces. State Clearinghouse Number (If submitted to clearinghouse): 2007112054 This is to advise that the Butte County Planning Commission has approved the above-described project on 12/13/2008 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ❑was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive OrovikieiJQ9191$965. A . Charles Thistlethwaite Division Manager Department of Development Services Mitigation Measures: MitiEation Measure #1: All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the construction and operation of the project. Monitoring: The Planning Division shall review proposed building and site design for lighting and glare impacts and approve the plans. Building inspectors shall spot check and shall ensure compliance on-site. 2. Mitigation Measure # 2: Place a note on a separate document to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. g. Other measures as determined appropriate by the BCAQMD or Department of Public Works in order to control dust." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3: Place a note on a separate document which is to be recorded concurrently with any future map or on an additional map sheet and all building and site development plans that states: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 150 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and on all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site development plans. Should cultural resources be discovered, the landowner/developer shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the landowner/developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Mitigation Measure #4: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Plan Requirements: This note shall be,placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction -related noise. c --juL re ic - E,,u-rT N ii7 E AIMPFOR'S CER.TIPICATE AND CRUOLLF., CA BAG HO 9-18-1,111219 D,NTlmt' 'I'V27 120, 0 -6 TOTAL S 4.004.50 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER A )m b i e M -a S w ra r D ai i a ro= d e p a or Ackk-0.1 fud=Fjl?E. M-NND FIRLIND DEPT A CCT CASH DE'SCRIFY-RIG-N 1INNi".0 TLE CODE CODE CODE (IODE AAMOUNT DE""Tr"ATTE: EV27 5.RL-3 A-NJA ; LJF'l I I- RE-C-ENTO ON: RECEIPT' PLA'.NHIMIG, APPL FEES C010. 440wl VI -1.0900 lolUrA 3,Pmacm i ku - D DEFITHLOPMENT GENL VA 0 44061DA 451 17W., 411-01C011 ENVIRONMENTIALHL—M PH FUND 0021 54CIVIli 461-105+DII 1.01WI At -4 -w - FIRIE PLNG ADPL FEE 'T FIRE FROTEC, 0100 45M, A 4617240 lolwol 347-W g 16&NOE CLRK' FLNG FEE OENL 0010 47 AI A612319 101001 36.00 AGRIVUUTURAL FEES GENIL 0310 :WIC.; l ,3.s'1-fidloicol x.50 TOTAL S 4.004.50 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER A )m b i e M -a S w ra r D ai i a ro= d e p a or Ackk-0.1 fud=Fjl?E. 9/26/2006 Butte County Page 1. 4:50:03PM Acct Activity for PROJECTS (by Project) For the Period 9/26/2006 thru 9/26/2006 ProjectNumber Site Address Parcel Number ADM 05-10 3028 RODEO AVE 042-050-008 Account Number Amount Pd Date Receipt # Check # 0010-440001-4210900-1010 $50.00 9/26/2006 PRJ159 6096 Total Payments for ADM 05-10 $50.00 UP06-0026 2511 D ST 035-116-006 Account Number Amount Pd Date Receipt # Check # 0010-470001-4612319-1010 $36.00 9/26/2006 PRJ157 3449 0010-460001461200-10100 $32.50 9/26/2006 PRJ157 3449 0010-540003-4614901-1010 $404.00 9/26/2006 PRJ157 3449 0100-450001-4617240-1010 $347.00 9/26/2006 PRJ157 3449 0010-440004-4611700-1010 $165.00 9/26/2006 PRJ157 3449 0010-440001-4210900-1010 $2,970.00 9/26/2006 PRJ157 3449 Total Payments for UP06-0026 $3,954.50 Payments for All Projects $4,004.50 ACCT40 AffOC/ATff COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 30066 RECEIVED FROM PLANNING BAG # 330 DATE M3012007 FUND FUND DEPT ACCT CASH DESCRIPTION INV# TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 11rJ0 RECEIPTS: PB68 - P870 RECEIVED ON: 11x29 PLANNING APPL FEES GENL 0010 440001 4210900 109001 260.00 NODR40E CLERK'S FILING FE GENL 0010 470001 4612319 101001 14.00 ($50) ProjectNumSer Amount of Fee UPO9-0029; NICHOLS. MELBUR.G & ROSSETTO; APN 03x5-,119-008 $ 14.00 FISH & GAME FEES CLERKIRECORD 1001 280 1011460 (85011250) Project Number Amount of Fee UP09-0029; NICHOLS, MELBURG & ROSSETTO; RPNV 035-110-00! $1,800.00 TOTAL 29074,00 APPROVED BY: RECEIVED BY: AUDITOR-COPdTROLLER TREASURER BY. By: % white --treasurer pink=auditor canal=deposiitor holden roti --file I r,OUNTY OF P.I Ta E A.0 DJTOR' a CERTIFICATE: AND TRE ,SURER'S RECEIPT OROVILLE, CA ATR NO 339 RECEIVED FROM PLANNING BAG # 426 DiATE W2012008 FUND FANO DEPT ACCT CASH DESCRIPTION INV* TITLE- CODE CODE CODE CODE AMOL INH arTn..--c- sfs+ro S -!L.7 v. is a M1JP7 f S-- �7S.PJ RECEIPTS: 6l(.6 - E'10156 RECEIVED ON: 3139 PLAN"JiNG.d4PPL FEES GEENL Ickli 1 44 l 4250907 101011 M111.17 E�1N'tlIRONWIE114TAL H°` ill PH FUND CO21 544Xi1;i 46149001 101031 97 -mi FISH A GAME FEES CLERKJRECORD 10,11 28.0 i011 +G! 76-a'15 (85,011260) Proji-et dumber � Amount o; Fee UP06-0026; NICHWS, LiELB R i & ROSSE i-rO; APN $ 78.7 TOTAL 9ft92 APPROVED BY RECEIVED BY: AUDITO ;-CO I ROLLER TREASURER can ar -depoMicr golden aroc=flle N I C H O L S MELBURG ROSSETTO ARCH ITECTS/ENGINEER S 5330 Primrose Drive Suite 248 Fair Oaks, CA 95628 (916) 967-1340 (916) 967-1410 fax www.nmrdesiizn.com Project No: 01-3301.00 LETTER OF TRANSMITTAL DATE: May 2, 2007 TO: Pastor Adrian Hills Wynn Memorial C.O.G.I.C. 2446 Wyandotte Avenue Oroville, Ca 95695 FROM: Brian Everett AM� PROJECT NAME: Wynn Memorial Church of God in Christ RE: Revised Plans for Resubmittal VIA: UPS/Fed Ex ❑ Copy to follow by mail TRANSMITTED AS FOLLOWS: ® For your use ® Please resubmit REMARKS: Dear Pastor Hills: Enclosed are the following: Revised CUP drawings for delivery to Butte County Planning consisting of — • 30 sets, folded to 8.5 x 11, including the Site Plan, Floor Plan, Exterior Elevations, and Landscape Plan. 0 1 set of Exterior Elevations and Landscape Plan color prints folded to 8.5 x 11. • 1 CD of color prints of the Exterior Elevations and Landscape Plan For your use we have enclosed the following: • 5 rolled sets, 24 x 36, of the Site Plan, Floor Plan, Exterior Elevations and Landscape Plan 0 1 set color prints, rolled, of Exterior Elevations and Landscape Plan. Please call if you have any questions. 1 X11111111■ �� �'��• •■ � -.- I11■■It � �r lull■11 ��11■11 11111 ���� ■ �Illr ...� �1■11 ■� _ __-- � • __11111 : _ _ ■ 11■111 = ���■1 1.1111111 11.1111■ == == ■1■111 C ! 1111�t 11111111■ 111111■ _ ■ ■ _ ■ ■■■ C = ■11111 1■■11111 1111.1111 _— p ■ ■111■r � 1��■t it■■111 1111111111 � ■ : C 11■1■It J =111111 1111���" X111111■ :.—_ — 11�,111� MIIIIII■■Ili�.1 ■ =�- 11�-... �► �■�� 1■11111■ ■■■ ■11�1� 11� WW■111.1■ ■■1111■ 111:1111 !!,;;.�"! � ■111 C !�rQ��■�■111 ■111.111 1.1111111 �••••••� �■ ■III,I ■ 1����� X1111■111 ■11111111 G■■1■1 ■11111■ III 11111 111111 m 11111111 L 111■■.. 1111■ 11■11��..1��■■ �a■11111 ■11■� 111■ D 1■■1�� 11■■1111 '.'GII�: 11■111■1 ■1111lJ� 1111. ■1 !�_'-�J■1111 I■11■ ■1111■■ ■11 SII C .-! 1■11■■1 11111111■ ■1:!111 11■■1111 ■■�.� 11 oil ■111111: ■1111__ • . . – ■■■� 111 ..► _ _ . , Date Drawn APR 200'i Scale 1" = 20'-0" Job No. 3501 r I } s . , Date Drawn APR 200'i Scale 1" = 20'-0" Job No. 3501 s r .;' . ,� :« i I III II : Co O P 9 ht 2001 Al UM ", 119 q WWVWWft and pkmor bd by a,� are t,aarted auunad end it,s d �+e � aa�v f fLBLM end FXWUM Ata sort waswMsd and «sated e far use end h Vie developed on, ► wilh; apeallied F Now of amh irises, or plum ahal be used by, or ciecloeed to f or hiCtifor pu�oeB erN Persat � whataosm Wftut Vie written of AAFiBUF4(i u permieabn ..end ROSSEfTO Ala , 1 ' CHAIN E 6 HG G I& r) EXI5 TIN FENCE NK F L , Y , A E ID E LL _ W .. i 1 1 145 -0 IO 23 -2 1 2 O-'�I�1_ ®'lL'IE.rIVGK ' 3 O5E G0CFuAJ4 4 O m J475E TB G K _ w O � ct1 PROPOSED CHURCH SITE: APN 055-116-006 =.483 ACRES. ,n 1-7600, . `80.00 r '74.00' s .._._ PROP05E0 PARKING LOT: . APN 03 5_ 114-b_.43b ACRES. _ I ZO N{NG: RN _ O _ I A ENT ITH II ADJACENT DJ G H W i E A CHURCH ( 0 5F. �) SE '7 00 i PRO POSED u I _ 38 3 31 3 2 3 3 34 35 :O 3 6 2 28 2a O L S 4 25 2 8055 H 3 2 I OT AG 2 ARKING L l C WAY... ALP N DRIVE 8 STALL N STALLS AND A3 O °' A KING P R N E1/ i E itD STREET TO THE NORTH. C) MOBi -.L B U R D G HOME M E I I— ,iIiIi 1 I I, I f _ :4Y , _OOO_ i I 1__ k, iI LL R _E 5 I D _ E N G — E � 3 1 _ON b5 VQ1wN do_ 1 l 1af IIIII II.III I e 1 II1I Ii1I�I lIi aS _ � L , IIII I - d J 8 5 I I ; I ........ .I .... . IIII( I 5 _? " 'II II1 I I �at Ii :... : .. . : , : ... - P R O P ER TY L I NE TY PON_ Ie13 , S ... D 0 :f do_O f1 -. iuVwu 0ts Oo �rOcO v NEW II II I S D _ ,EI Ii -- -e e ;. � 1 II _ � ' , I _. r ' ,. ROS rP , , i le t la 6 - iT n ` � ` 0T : , ( DRIVEWAY GENERALNOTO 2I r - -_ -i 'PROPOSED X 5TINGGHURG� ASPHALT PAVED I. SITE 15AN X15TINGGRADED LOT cE SINGLE PARKINC OT E V T T 20 �iLDING TO $EI FAMILY WITH 38 PARKINC 2. SEWER AND WATER CONNECTIONS ARE MOVED-IREsIDENG STALLS �ax S3O PRIl�ED 2 4 8 I I 20 1EA. 14 3. SERVICE PROVIDED BYO.W.I.D FAR CAx o (96)6730 (E) 5'H CHAIN 7 12 P G�j��0 FAX (96971410 ED LINKFGE L LI STALLS/SEATS LS/5EATS GALGu ATioN CONSULTANTS V 123I4 5 8a10 O 226 FIXE05EAT5 ®b 5EATS5TALL_38 REQUIRED5TALLS U- 15 38 STALLS + 5 G A55RM JOFFI ESTALLS I!4O 43 TOTAL REO. STALLS APN. 035 1 8001 PARKINGI5FCALCULATION: 401 X40_ I 00SF OF O 2D X 56_ I10 5FOFGHOIR SEATINC REMDVEEXISTINC CONCRETE HALK W-1011 1'7105FOFSEATING REPLACE(E)1951-6111 24 -- II'7_b DRIVEWAYWITH _11 1110 5FX15TALL/5O 5F_ 345TALLS NEW DRIVEWAY REMOlErE CHAIN +5 GLA55R0OM/OFFICE STALLS S AS '3a TOTAL REQ. STALLS FENCE TOTALPLANNED STALSR ANKS SAERADJAGENT Oi DRIVEWAYS _5 4 2i_51i 251_ �� 32_O1 Oi 4"1 STALLS 321_O11 �2HANDIGAPPEDPARa1NG STA LS PROVIDED �9$ SETBACK _ O11 -REMOVE �E) bH REMOVE cE)FIRE 4a TOTAL STALLS 10v�17 %� Ron ISETBAGKWDRIVEWACHAIN LINK FENCE DRIVEWAY HYDRANT 7 E F cc &.00,PROJECT NAME aProposed MEET�NQHOUZ 0 IREMOVE (N) A0 PAINC EXISTINC_F H RL WITVNVCMO (E)SINCLEARKI C STALLS RESIDENCE DFAML P E51NC EFAMILY c� 2 HGPL5 OF a1x 20 M MED D STREET OROVOLLE, CA bW NEW GONRETE IMF HAL 5 TYP. SHEET iE 5NCLE 4 U.O. FAMILY SED RESIDENCE REMOVE CE) &'H CHAIN SITE LINK FENCE 2 DRAWING STATUSin PRELIMINARY DESSNROPSRI LINE TYP. 10 k L 44.001. 44.00 55.00, 88.00 1001 O 20-0 La 10 23-bi201-015ET13AGK n REVISIONS DescriptionSYm By Date 61 H GRAIN LINK EMOVE E 61H FT= FENCE TO REMAIN GRAIN LIN (E)15, HIDE ALLEY 22 I- < Cr y k , I I. raven BY JDJ me D t ked BYK.E Checked I : B i I 1 11 1 11 , it Date Drawn MAY 2006 60'-011 Scale 111 _ 201-011 NFxX301 Job V. SHEET No. ®mmm— w Copydght @ 2001 by 11 M*8U are owed by, ard ft Of, MR AIA ard vae aeatA eidwed aM nfor tme on wd in =*oft vAh the WedW pojwt ich kbn dae�rA mrgwaft or pbm eW be ueed by, or ds*wd IiD aW whotgomw vAhout &-d F08SEM ALA. A N I C H 0 L S MELBURG ROS T 0 E V T T tu 00 MUMOSE D& SUM 248 FAR OAM, CMIFORNA 9%28 (%6) %MMO 91 1- FAX (%6) %7-1410 ID CONSULTANTS L 6" MON OURB (E) :24,, P TREE TO REMAIN (NOT J- AN OAK TREE) Z ME AMPS (E) TREE TO REMAIN TURF BRIA KENT EV RETT C-23891 5, ALL TREES AND FLANTIN& 10-3. MATERIAL TO BE NEH UNLE55 Renewal NOTED OTHE"15E. SPECIES TO BE [)ate r,>ETEPMINEr:> AND CON515TENT NITH COUNTY RE 67U LATION5 Tu= rl r El Ac_ PROJECT N A Proposed' "MEETMOHOUSE A FOR 0- 00 C) 00 0, 0 J VNNN MEMOMAL 61, mopq CURB 11 fl M[D D 0 F FLANTIN& g:MMST DSTREET OROVOLLF, CA KEE5 TO BE Y REMOVED IE SHEET TITLE REVISED PLANTING PLAN K", ro DRAWING STATUS PRELIMINARY DESIGN ....... REVISIONS Sym. Description By Date TuRf'� N Drawn By Checked By EKE Date Drawn MAY 2006 Scale 111 :201-011 Job No. 5501 g3l SHEET No. ASETBACK MGM 03�4pl PARKING LOT MGM 04/50/01 Drawn By MGM LICENSE STAMPS SOUTHs A" �n ELEVATION a EAST Date Drawn ?SPR .2007 Scale I/S"=1'-0" e TION ELE V 1 1 Job No. 3301 OT-Tmsm 'kr._ Checked 13y EKE Date Drawn APR 200"1 Scale 1 20'-0" I Job No. 5501 ` 4N)_Wq 1 �7!9 I WN 11 � W_W_ .. . .... . . ...... Opp T R, 0 -w�qw -1) .... . ... . .. ..... .................. ............. AW N Dili 61 to) MA", Wit mWg" IN g'Emp ME I F @ m ppmeqq, A N -TRE. EN M f Date Drawn MAY 2006 Scale Job No. 5501 n F_ SHEET No. Date Drawn MAY 2006 Scale 1 " = 20'-0" Job No. 3301 SHEET No. I ' a , Co ht _ O 2001 ar dens, , r� rePresenma are awned and the d ftY and O AJA and were and Irr ewhed areaaad to use and it , daueloped art Oban wtltt ted Pralwt Nana of a mhbe used or shat ed kisea, N to frm a f or dx�cloeed to any P�r1 � far 1Y �Pl+f� %tet Kaw without e written Parmesa> of IufaBURCi n and P068ETT0 Al0. i FT { i z: ., rR Trsem. ,:. ,_ .. f..- ... r, fi < yam_ ,... r ,x .. «. x.. .. .. , , .A.-. '{ r g i _ 4 rphi I � .* w x �, w s !: ,. w hi _ s_ ... ... F. _ , � � j� a �# . ,�a a -- +:a u.s ___ �._ _ _ �_ _. ..: a__ z•.. � �,. ,._ �_... r �-s �_. _. :�_ _ _ @;.. ...n � a_, a•.. � � _a ,..I �. �_ _ �, r__ � �__ �'_ �._ &_ �. � _ ._z . �. _ �. _ _.�, __,_ _. � _ < b,. � ,�„ : .,.. _ a _ � _ x -. � � �. ._ �. , �_ �, _ �i--: � �. 3:, i�_ .. t; ._ �.� , :a_, �� , , � - �. _ t, S , . �. s.:. , �_ � � ,c.. *� i -R -, - �i Eli . k;�a Date Drawn APR 2007 EAST Scale I/8"=1'-0" ELE� jATION v Job No. 3301 SGALE:- I/8" = 1'_011 SHFFT No_