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HomeMy WebLinkAboutUP 06-0029FILE NO.: PROJECT TYPE: APN: APPLICANT: ADDRESS: PHONE: OWNER: ADDRESS: PROJECT SUMMARY SHEET UP06-0029 USE PERMIT 041-330-017 GIPSON, LOUIS H JR & KARIN M-54�W1LL l iic�zzcv, A 5 28 5305339954 GIPSON, LOUIS H JR & KARIN REPRESENTATIVE: <undefined value> ADDRESS: <undefined value><undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to -be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville PROPERTY ZONED: U / S -H GENERAL PLAN DESIGNATION: AR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 16. 17. 18. 19. 20. 21. Application accepted: 12/28/2006 Assigned To: Mark Michelena 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: 1/17/07 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 «TYPE_OF_ PROJECT», Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes _ Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy USE PERMIT to GIS: B P G No a Butte County Department of Development Services �V T TFo TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o 7 County Center Drive o 0 0 /� o Oroville, CA 95965 (530) 538-7601 Telephone o *d' = o (530) 538-7785 Facsimile C OU N'1 ,.:?ly 'PROJECT: INFORMATION Project # .. APPLICANT'S N ME: (If applicant is different from owner an affidavit is required.) 1'ouI ASSESSOR'S PARCEL NUMBER: ErT/�Soiv J/1- 0'// - 330 - 0/ ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: A73 ( Piz 9Ss&s' ( 0 )5-33 -995' E-MAIL: FAX: OWNER'S NAME: TELEPHONE: ADDRESS: STREET, CITY, STATE, & ZIP CODE: PROPERTY.INFORMATION . NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) LO ATION OF PROJECT (major cross streets and address, if any) e7.U7-Z AP �- (- WY -70 ZO --NERALPLAN Atz- EXISTING LAND USE PROPOSED LAND USE u7.5--�[ et4W4,Y CAjeW tWIL,,eyy EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT 0(m ❑ Yes No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERT IS QR PROPOSED TO BE ON SEPTIC �� [,PROPER IS R PROPOSED TO BE ON WELL WATER ; APPLICATI0N'.TYP9 ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP KUSE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) t50(-0tA1t,1�-- A- (, Ow Sa. Fr (o B0"H ro a6, ul&n Xf ,P s (12aN 7-tA{- C ft - FAefl- (?-,y AX- 76- 7#61-0- Wt( -C- 9U-yP 12 0 /LEST Av7-S tom, ' -tet 4AIY C647 --,c/ 77ht,5-. ,4r/&rr f3 OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: SIGNATURE: • 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 PROJECT APPLICATION FEE TRANSFER REQUEST Applicant Name: Louis Gipson Project #:MUP 06-04 Assigned Planner: Mark Michelena Date Application Received: 04/13/06 Planning Fees Paid: 1,997.00 Verified Hours From Timesli s(Initials) DDS Hours Spent: 3:14:13 Fees Spent: $ 443.46 Project Planner: 212.46 Recommended Transfer Amount: $ Admin Staff: 306.46 Principle Planner: Reason for Transfer Request: The application for the minor use permit was taken in error. Staff believed that an elderly care facility for up to 10 beds was similar to going from a small family daycare to a large family daycare. The state, and county code, allows for up to 6 beds (people) in a care home. If they want more, it is considered a commercial operation. The project parcel is in the unclassified zone, which allows commercial uses by use permit. Staff discussed the issue with the Assistant Director and it was determined that converting the minor use permit to a full use permit was better than a refund. The applicant has submitted the difference in the fees (not deposited yet) and the additional information for the change. Planner's Signature: l ,(—j x� /( Date: I� 077 oto Planning Manager's Signature: Date: DDS Assistant Director's Signature: Date: 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile 0 APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: S SO Project Number: ru� Check One 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. 4 cant n ,omplete a Pre -Application Review with the Environmental Health Division and provide ;vidence of meeting their requirements for sewage disposal and water supply in one of the .'ollowing ways: A pre -application completion letter from Environmental Health A Willing and Able to Serve Letter from the appropriate utility district A completed cooperative agreement for annexation into a utility district k completed, signed Project Information Form. k complete Project Setting Description (instructions attached). 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 the owner or authorized agent. k signed agreement for Butte County Archaeological Resources Project Review by the .'tortheast Information Center (NFIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIL". C, 0 Applicant Planner 6.0 ❑ 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: http://www.buttecounly.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. ❑ ❑ A creation document for the project 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 "xl 7" and no greater than 24" X 36", folded to 8 ''/z" 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 map. 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. �E] ❑ 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. ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and li tin . 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 aggcultural 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 drains, bodies of water, railroads, and their relationship to the propeLty lines. i- ❑ ❑ Location, height, and materials of walls and fences (sections may be required). J • ❑ ❑ Internal circulation pattern, if applicable. k. ❑ ❑ Existing and nearest fire hydrants. 1. ❑ I ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent ro erties. m• ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ i ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ 0 Any existing faults or fractures and geologic hazards. • 0 P. ❑ ❑ Elevation 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. Q ❑ Building Elevations 10. Q ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. 4 ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. I ❑ ❑ Natural areas to be preserved. b. I❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. C. ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. p ❑ Proposed drainage and flood control facilities. e. P ❑ Erosion control measures and best management. practices (e.g., - slope landscaping). f. El ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ 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: Applicant/Representative Signature: — YAW -40 LX17 Axull Planner Receiving Applicat on K:\Planning\FORMSWPPLICATIONS\UsePermit_MinorUP.doc Revised 07/26/06 Date: Date: AGENT AUTHORIZATION To Butte County, Department of Development Services: Print Name of Agent Phone Number Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 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) Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant (if other than owner) Signature of Applicant '(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address 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 Applicant Name: PROJECT SETTING DESCRIPTION INSTRUCTIONS Please address the following on a separate sheet of paper: Project Number: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. 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. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the -site and the use of the structures. 4. Describe the surrounding properties, including information on plants, 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.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. PROJECT SUMMARY SHEET FILE NO.: MUP 06-04 PROJECT TYPE: Minor Use Permit APN: 041-330-017 APPLICANT: Louis Gipson ADDRESS: 2736 Pentz Rd.', Oroville, CA 95965 PHONE: 530-533-9954 OWNER: Lousi Gipson ADDRESS: 2736 Pentz Rd. Oroville, CA 95965 REPRESENTATIVE: Russell, Gallaway & Associates ADDRESS: 115 Myers St. Suite 110 Chico, CA 95928 PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. LOCATED: Northeast corner of Highway 70 and Pentz Rd. South of Paradise PROPERTY ZONED: See Comments See Comments GENERAL PLAN DESIGNATION: AR (Agricultural Residential) TOWN/AREA: Oroville 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 Application accepted: 4/13/2006 Amount: $ 2332.5 Receipt #: 450013 Assigned To: Mark Michelena 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: 5/10/2006 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 Minor Use Permit, Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes _ Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy of Minor Use Permit to GIS: P G B No DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION A DDT T!'' A NT• A o"f ;nfn—.t;nn to hP nrnviried is on naee 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: vu(, (- - (%� o�� 0 �% ADDRESS: STREET, CITY, STATE, & ZIP CODE FILE NUMBER (FOR OFFICE U C_( 1Z 609 v 11 (('E CA- M.lel2 n NAME OF PROPOSED PROJECT (If any) TELEPHONE: a (f ^ streets LOCATION OROJECT (Major treets and Address, if any) OCATIONOcr,o.y.su: s /- 1 0 CV\%V WY III)r P C `, u r, aa� I� g�"4HI1A �1R."OUIi rC . "ux.'cILt • . � ��: n° D aa iFtt; i. ..'baFFPc OWNER'S NAME: TELEPHONE:. otA s' - cto Y air - ADDRESS: CITY, STATE, & ZIP CODE: -- o 11\0 v C' , ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Acres) (J'Ct.i� FE r(Yfccec jlJP�il: . ( I'C9�iG'f EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) NOW r v(o S' P1z E G ivl�r UO a U� � C' - 667T (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPER IS R PROPOSED TO BE ON SEPTIC J IS OR PROPOSED TO BE ON WELL WATER - �A"' S'' k --'!7. yyPyyROPxxERTY r.> i t ry � < _' ' .. H �+_�vbu�f0�'N4'Al'�•r', � I®'.NI aQ; STED� j ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDMSION MAP ❑ REZONE ❑TENTATIVE PARCEL MAP ❑ USE PERMIT ❑WAIVER OF PARCEL MAP BUTTE M MINOR USE PERMIT COUNTY ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE APR 1 M3 2006 ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE E]CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT DEVELOPMENT E]MINING AND RECLAMATION PLAN SERVICES ❑ DEVELOPMENT AGREEMENT ❑ OTHER +k.��f'�ItY�&k� �; "f N1EV1 ', w y h PROCTDES�tIl o .l� FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) � f �I% (/�f � /i 6 g � �/ s Ct i= ( �n t3 E%I /'i (/U/�i f�f ©/�i C^ Ty !•f S' C � 5 �i � L 5 (�I � i�r •ref tr C'IJJA6 Ffi0t-(TY roA Tue L L((76AUrr. ' TtEAC 6 UP To ('o ( S( �(T w(T (I t-1. 5216r- AT 4(V Y 0/4C iIML EI c(OTY 0' TO 136 C (c• i(S'_ ut Aot(c-(I Ce)( 1 tf(k((T Y Ca A E f (c'civs((v(c e Cif I (rali/t((A' X31^A^ l.•"••� 9i.1 ?'•Q : _ y.....HC'� LBY.!.W6�0�0 T9 WICER 4 I AM PRESENTLY THE LEGAL OWNER OR THE, AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. I CERTIFY THAT FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: ' [ �—y � SIGNATURE: dro"� / K:\FORMS\UNIFORM APPLICATION Page 1 of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number Print Name Mailing Address , , is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number (APN) This authorization allows representation for all applications, 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) Print Name Signature Architect and/or Engineer: L , A _- _ I I-Tfini Name Mailing Address FOR OFFICE USE ONLY P Verify: Date Received: Me- / 3 Z Dob AP Number(s) Owners Authorization © Project Description Print Name Signature Phone Number (C" q42 - O 3e Total Amount Received: 2 i q. 3 3 ® Legal Description ❑ Zoning Requirements © Copies of plot plan Taken by: _ r', Receipt No. SBa 1 3 PW/LD g7 Plan / 7 f 7 E.H.4 9� CDF t& NOD/NOE Fees ZG AG Z � i 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 isz `( 3 as of 1 2e-x�rc Make check payable to "Butte County Treasurer". Revised 1/27/05 KAFORMS\PLANNING FORMS\APPLICATION FORMS\UNIFORM APPLICATION.countercopy.doc Page 2 of 3 • MINOR 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 __7 1 2 LJ 3. ❑ Complete a Pre -Application Review with the Environmental Health Division for on-site sewage disposal requirements for the proposed use. The Environmental Health Division charges a $100.50 fee for this review. (This fee will be applied towards the $201.00 Environmental Health Division fee required at the time of application submittal). A completed, signed, Uniform Application. 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 legal agent. 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. ❑ Twenty (20) 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 1/2" x 11". The detailed site plan must include: a. njName and address of Applicant, Engineer and/or Architect b. Property lines and lot dimensions C. E3 a,--A'ssessor Parcel Number(s) and the street address. d. LK Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, landscaping, wells, septic tanks and leach fields). e. 9---p-r-0-posed method of sewer and water connection or alternative method of sewage disposal and potable water supply. B ' COUUNTNT Y APR 13 2213 D1EFI LOPP 'XT 51:7,C - IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 1 0 f. E2 Er Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. g. M 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. h. 2/ All clans must be clear and legible. 5. d ❑ A vicinity map showing closest major cross streets, zoning and existing land use. 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, Envirornnental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Signature: P1 K:\Planning\FORMS\Submittal\CHECKLIS\MINORUP. FRM Revised: 2/1/05 Date: (._ 0—O G Date: q l ? _ 13. 1. 2� IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 Postal Service-,. 0 CERTIFIED MAIL. RECEIPT r9' (Domestic For delivery information visit our website at www.usps.como cc $ �L�r postage ._ ru C3 Ot.'O Certified Fee ;1C� ?; std .`yil ]tw(�":3 .'�:' 3 !t r � Return Receipt Fee U.Q 97 3 u+ of [trt;>r 1 Poshnark iti (Endorsement Required) : �^ p+ ^' Here Restricted Delivery FeerLi (Endorsement Required)CO Total Postage & Fees ! C ' • e ' u') OSent o or PO Box No.::.1 .:�3 City, State, ziwaO9. _ PS Form 3800, Ame 2002 See Reverse for Instructions i August 29, 2007 Butte County Department ofDevelopment Services Tim Snellings, Director www.buftecounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING LOUIS & KARIN GIPSON 2736 Pentz Road OROVILLE, CA 95965 Re: Use Permit UP06-0029, APN 041-330-017 Dear Louis & Karin: Enclosed is your validated Use Permit for a proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 ten elderly residents with 1 to 2 staff at any given time. The facility is to be licensed through community care licensing of California. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville. Should you have any questions regarding this matter, please contact this office between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tiffany Upton Office Specialist, Senior «Ute cc: Land Development Division (g) Environmental Health (p) Department of Forestry (gld) G.I.S. (w) Louis & Karin Gipson, 2736 Pentz Road, Oroville, CA 95965 Russell, Gallaway & Associates, 115 Myers Street, Suite 110, Chico, CA 95928 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP06-0029 PERMIT NO. 041-330-017 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte - and the special conditions. set forth below: Louis and Karin Gipson are hereby granted a Use Permit for the establishment of a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet, with 6 bedrooms, consistent with the Development Plan dated May 14, 2007. A future garage and the installation of solar panels are proposed in the future, both of which are permitted as accessory uses and would be permitted through a subsequent -building permit. - 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require -time limits which exceed one year. Upon application, and for good cause by the Permittee, at ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 1 of 7■ • a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 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: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 2. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 2 of 7■ g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 3 of 7■ • fr� 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee.. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4. Mitigation Measure # 4: 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 mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of. Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 6: To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: Limit construction activity to daytime hours (7:00 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; ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 4 of 7■ 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. 6. Business identification signs shall be limited to one monument or pole sign no larger than 150 square feet and one sign attached .to the structure limited to 2 square feet per linear feet of building frontage (200 square feet maximum). The monument or pole sign must be back lit so as to not create glare or lighting impacts to adjacent residential uses. The monument or pole sign must meet setbacks per the Butte County Code. 7. All buildings shall be setback per Butte County Code requirements at the time of -building permit application. 8. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works 10. Prior to establishing use, obtain an encroachment permit and construct a standard S -18B road approach with 24' minimum road width in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and Pentz Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 11. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage_ plans and calculations to the Department of Public Works for review and approval. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 5 of 7■ Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up display homes. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 12. 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. 13. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Division 14: The existing septic system on site will need to be upgraded to meet the water discharge requirements for the elder care facility. 15. Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate elder care facilities. Building Division 16. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. CalTrans 17. An encroachment permit will be required by Caltrans prior to any work conducted in the State's highway 'right-of-way. For more information, please contact the staff at the Caltrans District 3 Office of Permits at (530) 741-4403. Pacific Gas & Electric 18. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer." 19. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 6 of 7■ 0 C� County Counsel 20. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or- any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. 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 NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor. does it waive any other requirements. Butt , ounty Planning Commission Chair 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 ■ ■ July 26, 2007 ■ Agenda Report - Use Permit 06-0029 Louis and Karin Gipson ■ Page 7 of 7■ tui. cc N¢ AfAw Iz G> k y fa .fir PUBLIC PARTICIPATION CARD Meeting Date 1-16;-- G IT If you would like to speak at this meeting, please complete this card and hand it to the Clerk of the Board seated to the left of the.Board of Supervisors. Completion and submission of this form are voluntary; you may speak before the Board without identifying yourself. However, your use of this card helps the Board better organize and schedule matters within the meeting: No identification is necessary for your attendance at this meeting. Where possible, please submit this card prior to the commencement of a meeting or during a recess. When your name is called, please step up to a podium and state your name prior to speaking. Name: 1— y 6( (f G (P SO<v (please print) Address: 1-116 P L5l,Y'f 2 &PA41 !j f, 9 G F Agenda Item No. or Subject: (A Pe do' A!� • NOTICE OF DETERMINATION TO: ® Butte County Clerk . ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM:Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 • a L IE JUL 3 1 2001 qPN ftP[R QTTE CO. CLERK C1I��VV DEPUTY SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. ohn 1OSTED;LUZI_THROUGHAP Number: 041-330-017 . Project Title: UP06-0029, USE PERMIT Applicant: Contact Person: GIPSON, LOUIS H JR & KARIN, 2736 Pentz Road, OROVILLE, CA 95965 Mark Michelena Telephone Number: 538-7601 Project Description: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 ten elderly residents with 1 to 2 staff at any given time. Facility is to be licensed through community care licensing of California. Application was originally submitted as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville. State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Planning Commission has approved the above-described project on July 27, 2007 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 Oroville.f-A.,95965 . Charles Thistlethwaite Division Manager Department of Development Services 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 as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 2. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. 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 AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip - line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: • • 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4. Mitigation Measure # 4: 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 mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The- Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up display homes. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. 6. Mitigation Measure # 6: 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 (7:00 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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.. • DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: GIPSON, LOUIS H JR & KARIN 2736 Pentz Road OROVILLE, CA 95965 Project Title/File Number: USE PERMIT, UP06-0029 APN: 041-330-017 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 $1,800 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2500 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): # 450013 & P526 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: July 30, 2007 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. CGUMN' OFBUTTE AUDITOR'S CERTB.r iCATE AND T kE..ASURER'S RECEIPT ORO)ALLE, CA ATR NO RECEIVED FROhi PLJANNI NG BAG # 323 DATE -44213 411712006 * FUND FUND DEPT ACCO" CASH DESCR1PT11;D3V TITLE CODF CODE CODE CODE AiW)UN T ir-)EP^S1T DATE: 411*7 RECEIVED ON: 4116: RECEIPTS: &x4ow- 455!13 PLANNING APPL FEES GENL 0A10 A.&O001 421 09W 101001 1,9.97.00� Project Number Amount of Fee APN-, 04i -K0 -0i 7 - r12SON - MUP Q&04 $ i,997.00 LAND ©R ELOKIENT GENL 0010 44=04 46117130 1011' i 07.W JA.> Project r umber Amount of Fee D 7� 111. I-A-1-lio0-0i 7 - GI®SC?N - MUP 003-04 $ $7.00 ENVIRONMENTAL HLTH GtNL 0010 54CM3 4614901 Project Nuranber Amount of Fee APKI: G41-3.30-017 - GIBS w - MUP W04y: 100.60 FIRE PLNG APPL FEE FIRE PROTECT (M00- 46 9724iD Project Number _ Amount of Fee APN: 049-330-017 - 01—EWSO J - %i11P Q&Q4 $ 9$0.07 Nt3DA 6OE CLERK SS FILING FE GENL COW 47 x1 4612319 036) Project Number Arr runt of Fee s�PIJ:+741-;30-x]97 -Glu; t��3 -ice Poi -ooz q -- $ 3 -QQ-- AG►RIq'.7 A_�r`�t kG FEE 'saz c,'y`sistl---- 2 C 0-- Pruiect Numbz?r .�A98"469�.nt o= Fee A;t=%�. CV -1-;;;a -f-31?. (,-31D`3�N ?llWP X3!3-0 --- DA-IT..-ALESIC PLANNING GEHL 001CI 44i' I 4617241 Project Number Amount of Fee w� APN: 03.1-260-0-53.054. - MAP ASSOC-. _ 9, 08-1 � $ '1,531.011 v- APgf'F3`fPa`q•,1iElD3 BqO 2 R i Bv RECEIVED BY: TREASLIWR 101001 101001 101601 0 9rt'0i TOTAL $ 3x964.00 �I R":i33�2a3i9,"..2ttir ��ri�i'�=•�r�Y3�:h�y�t3p' g plden rod; --51F I �l //. COUNTY OF BLS!"E r' UDITOR'S CERTIFICATE AND TREASURER'S RECEIPT ORONALLE, CA RECEIVED FROM PLANNING BACs f- 329 FUND DESCRIPTION INV$- TITLE DEP081T i-eR-1 . -45 di a dae a vn e a» 15 RECEIPTS: P526 RECE.l"VED ON: 6114 N'OD;N-OE CLERK'S FILING FE GENL E1�31-3',Q01'1; �_�!F'SQLN - FUND DEPT ACCT CODE CODE. CODE ATR NO DATE CASH CODE 0010 478061 A612319 101001 AnA cunt of Fee $ : 14.00 FISH & GAME FEES CLERKIRECORD III 242 1011460 (3:» 091254.) 1 rogjecf lumber Amount of Fee !sPOM029; 041-33)(3-017;- GIPSOi! 26110 61/512007 AMOUNT 14.00 1,800.00 TOTAL $ 1,814,00 APPROVED BY: RECEIVED B AUDITOR -CO OLL ER^M. ..EASURER 0 BUTTE COUNTY AUG 0 2 2007 DEVELOPMENT SERVICES 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING July 26, 2007 Louis & Karin Gipson 2736 Pentz Rd. Oroville, CA 95965 Re; Use Permit, UP06-0029, AP: 041-330-017 Dear Applicant: At the regular meeting of the Butte County Planning Commission held July 26, 2007, your request for a Use Permit for a proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. 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., Monday, August 6, 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. Should you have any questions regarding this matter, please contact Mark Michelena at 530-538- 7376 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk cc. Russell Galloway & Associates 115 Myers St. Suite 110, Chico, Ca 95928 • EXHIBIT A USE PERMIT • BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP06-0029 PERMIT NO. 041-330-017 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Louis and Karin Gipson are hereby granted a Use Permit for the establishment of a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet, with 6 bedrooms, consistent with the Development Plan dated May 14, 2007. A future garage and the installation of solar panels are proposed in the future, both of which are permitted as accessory uses and would be permitted through a subsequent building permit. 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 1 of 7■ a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 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: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 2. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 2 of 7■ • g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 3 of 7■ • 11 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4. Mitigation Measure # 4: 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 mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the, find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 6: 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 (7:00 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; ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 4 of 7■ • 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. 6. Business identification signs shall be limited to one monument or pole sign no larger than 150 square feet and one sign attached to the structure limited to 2 square feet per linear feet of building frontage (200 square feet maximum). The monument or pole sign must be back lit so as to not create glare or lighting impacts to adjacent residential uses. The monument or pole sign must meet setbacks per the Butte County Code. 7. All buildings shall be setback per Butte County Code requirements at the time of building permit application. 8. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works 10. Prior to establishing use, obtain an encroachment permit and construct a standard S -18B road approach with 24' minimum road width in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and Pentz Road shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. 11. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 5 of 7■ Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up display homes. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 12. 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. 13. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Division 14. The existing septic system on site will need to be upgraded to meet the water discharge requirements for the elder care facility. 15. Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate elder care facilities. Building Division 16. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. . CalTrans 17. An encroachment permit will be required by Caltrans prior to any work conducted in the State's highway right-of-way. For more information, please contact the staff at the Caltrans District 3 Office of Permits at (530) 741-4403. Pacific Gas & Electric 18. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer." 19. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 6 of 7■ Countv Counsel 20. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. 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 NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair 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 ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 7 of 7■ U'4 • Table of Contents Gipson UP06-0029 Attachments: A. Resolution and Exhibit A B. General Plan/Zoning Map C. Initial Study/Mitigated Negative Declaration D. Neighbor letter 6-19-07 E. Parcel Map Page 8 Page 18 Page 20 Page 53 Page 54 FWD —... di ;.c3moft UP 06-0029 041-330-017 GIPSON _�. m VICINITY MAP Project Location f Bude('* Durfia6m*--Pe RJ: FWD —... di ;.c3moft UP 06-0029 041-330-017 GIPSON _�. m f F r tom,, �P�Up CDIt ' V /� mID n �\ Ra 1 II neer a y Rd U i y — / I U S -H Project Location S- Z / i Z rf I -- r� / S_H I ; U � a Li 1,500 750 0 1,500 3,000 4,500 6,000 7,500 9,000 10,500 12,000 13,500 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: Louis Jr. & Karin Gipson Owner: Same Hearin Date: July 26 2007 9:00 a.m. Existing Zone: U & S -H (Scenic, Unclassefied) S Request: Use Permit to construct a 6,800 sq.ft. residential elderly care facility for up to Supervisorial 10 (ten) residents, including 2 (two) people on staff, licensed through the community care District #5 licensing of California. Assessor Parcel No: 041-330-017 File: UP 06-0029 BUTTE COUNTY PLANNNNING COMMISSION . AGENDA REPORT, July 26, 2007 Applicant: Louis and Karin Gipson Location: On the northeast corner of Highway 70 and Pentz Road, Owner: Louis and Karin Gipson north of Oroville File #: UP06-0029 Request: Use Permit to establish a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet, with 6 bedrooms. G.P.: Agricultural Residential Zoning: U (Unclassified)/S-H (Scenic Highway) Zone Date: U -1/6/87 (Ord No. 2574) S -H — 2/7/67 (Ord No. 913) APN: 1 041-330-017 EXECUTIVE SUMMARY: Parcel Size: 4.15 +/- acres Supervisor District: Planner: Attachments: 5 Mark Michelena Senior Planner A: Resolution with Conditions B: Vicinity Map and General Plan/Zoning Map C: Initial Study/Mitigated Negative Declaration D: Neighbor Letter — June 19, 2007 E: Site Plan This project is a Use Permit to establish a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square. feet, with 6 bedrooms. The applicant is also proposing in the future to install a solar panel system and future garage, both of which are permitted as accessory uses and would be subject to a subsequent building permit. Staff recommends adoption of a mitigated negative declaration, and approval of the Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The applicant requests a Use. Permit for a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet, with 6 bedrooms. • The commercial elderly care facility will be located in the northeast portion of the site. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 1 of 17■ • The project parcel is currently undeveloped. • The site once had a mobile home and dog kennel on it. The dog kennel (boarding) was approved by use permit (UP 86-95, 9-10-86). The mobile home burned down several years ago and the dog kennel was abandoned and removed by permit when Cal Trans built the extra turn lane on Highway 70 and Pentz Road intersection in 2002. • A use permit for an R.V. site with a mini -market and gas station was applied for and denied in 1995. • The proposed project will use a septic tank and well. • Vegetation on the project parcel includes cottonwoods, conifers, oaks, grasses and forbs, and areas of disturbed soils. Vegetation in the proposed project improvement area (care facility, access way, parking and septic) includes grasses and forbs, and disturbed soils. • A seasonal drainage way is located on the. southern portion of the project site. • Elevation is approximately 725 feet above sea level. • The property generally drains via sheet flow and a seasonal drainage way to the west. • The project parcel is not located within a 100 -year flood zone, an earthquake zone, or an airport compatibility zone. ANALYSIS Land Use and Zoning • The parcel has a split zone of Unclassified (S -H) and Scenic -Highway. • The Unclassified zone allows commercial uses through a use permit per Butte County Code (BCC) Section 24-230(d)(2). • The Scenic -Highway (S -H) zone allows as a permitted use single-family homes to be used as a care home for up to 6 persons. The zone allows professional buildings, motels and large family day care facilities as conditional uses. • Given the split zoning of the property and BCC Section 24-65 which states, "All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors ", the commercial elderly care facility is recommended as consistent as a conditional use. • The parcel has a General Plan land use designation of Agricultural Residential (AR). • The AR land use designation list single-family dwellings as a primary use and care homes as a secondary use Use Permit • The proposed commercial elderly care facility will include 6 bedrooms, for up to 10 residents, in a 6,800 square foot building. • There will 1 to 2 staff on premises at any given time. The facility is.required to be licensed through Community Care Licensing of California. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 2 of 17■ • • • Butte County Code Section 24-240 (b) requires adequate parking. Convalescent homes, rest homes, nursing homes, etc., requires one (1) space for every four (4) beds, one (1) reserved space for each two (2) employees (other than the staff doctors), plus one (1) space for each doctor assigned to the staff, but in no case less than one (1) space per seven hundred fifty (750). The proposed 6,800 square foot facility would require nine (9) spaces. The project is proposing nine (9) spaces, but has room for additional spaces. • Surrounding uses include residential dwellings, commercial, industrial and agricultural. Direction Zoning Existing Land Use North Unclassified (U)/ Scenic -Highway (S -H) Residential (Single Family Dwellings)/ Vacant/Grazing South U/S-H Vacant East U/S-H Vacant/Grazing West U/S-H Agriculture (Orchard) • Butte County Code Section 24-45.10 specifies the criteria for granting a use permit. The planning commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Evidence offered at the hearing hereunder shall be received, held and disposed of in the manner set forth `in section 24-25.25(b) herein. 1. Harmony in scale, bulk, coverage, and density: The proposed commercial facility is a two-story, 6,800 square foot structure, which will be located on a large parcel, over 4 acres in size, with existing mature cottonwoods, conifers, and oaks to help screen the structure. 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. The project will be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: The project site is located in a rural area with residential uses to the north, an elementary school to the west, and Highway 70 to the south. The proposed commercial use of an elderly care facility, on average, will generate similar traffic as a single-family residence. The residents of the facility will not have cars. The main traffic generated by the use will be the staff. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is large enough (4.15 acres), has access to a county -maintained road, adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigations. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 3 of 17■ 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed. LOCAL AGENCY REVIEW • Comments/conditions received from Butte County Departments and other Agencies were . reviewed and implemented into the proposed project. conditions. PUBLIC COMMENT • Staff received one comment letter (email). The letter of support for the project is included as part of the agenda report (Attachment D). ENVIRONMENTAL REVIEW: The initial study prepared for this project determined there would be environmental impacts to the following areas: • Aesthetics (lighting and visual) • Air Quality (dust control during site development activities) • Biological Resources (oak trees) • Cultural Resources (possible disturbance of archaeological resources) • Hydrology/Water Quality (drainage) • Noise (construction) The initial study, which is attached to this agenda report, recommended six mitigation measures to reduce environmental impacts to a less than significant level. 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)). The initial study/mitigated negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse (SCH#: 2006092121), for a 30 -day review period. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Enterprise Record. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 4 of 17■ \ i •\ GOL j •\ � AR N \ Project Parcel \ \AR GOL , i S -H i i AR Ile i General Plan and Zoning Map NORTH ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 5 of 17■ 11 • +� � � �•� .� � '� ��' is � � �� tt` V YC� fes, �• � 3 1 [` �� ,a 1.�. � . a r31, w Aerial Photograph -Q:::- NORTH ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 6 of 17■ V �3UTT� ENL'ARGEOSI 1?T4206 IqjRSe=-SI: -a NORTH G:\PROJECTS\UP\GIPSON UP06-0029\Planning Commission Documents\Planning Commission 7-26-07\UP06-0029 PC Agenda Report 7-26-07.doc ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 7 of 17■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 06-0029 (Louis and Karin Gibson) WHEREAS, the Planning Commission has considered Use Permit 06-10 to establish a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet with 6 bedrooms, on Assessor's Parcel Number 041- 330-017; 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 July 26, 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. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation. measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the Initial Study and proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for D.R. Technicians, Planning Division File No. UP06-0029, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 through 6, as detailed in the conditions of approval dated July 26, 2007. F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Finds that the 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 ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson . Page 8 of 17■ 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. Approves the Use Permit for Louis and Karin Gipson for a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be a 6,800 square foot, with 6 bedrooms, UP06-0029, on APN 021-170-052, subject to the following findings and the conditions found in Exhibit "A": A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: The proposed use is appropriate in this location based on the minimal impact to surrounding residential uses and easily accessible to Highway 70. 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: Harmony in scale, bulk, coverage, and density: The proposed facility is a two-story, 6,800 square foot structure, which will be located on a large parcel, over 4 acres in size, with existing mature cottonwoods, conifers, and oaks to help screen the structure. 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. The project will be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: The project site is located in a rural area with residential uses to the north, an elementary school to the west, and Highway 70 to the south. The proposed commercial use of an elderly care facility, on average, will generate similar traffic as a single-family residence. The residents of the facility will not have cars. The main traffic generated by the use will be the staff. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is large enough (4.15 acres), has access to a county -maintained road, adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigations. 5. Any other relevant impact of the proposed use: ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 9 of 17■ The Planning Division has circulated the proposed use permit . application to County agencies and has received responses that indicated . there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The planning -related impacts of this project appear to be minor in _ general, assuming all conditions are dutifully executed. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The .project does not require the removal of any rare, threatened or protected species. The project will not impact any vernal pools. DULY PASSED AND ADOPTED this 26th day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: NINA LAMBERT, Chair 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 ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 10 of 17■ • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION s DATE: (Certified Mail Rec.) UP06-0029 PERMIT NO. 041-330-017 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Louis and Karin Gipson are hereby granted a Use Permit for the establishment of a commercial elderly care facility for up to 10 residents with 1 or 2 staff at any given time. The facility is proposed to be 6,800 square feet, with 6 bedrooms, consistent with the Development Plan dated May 14, 2007. A future garage and the installation of solar panels are proposed in the future, both of which are permitted as accessory uses and would be permitted through a subsequent building permit. 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 two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 11 of 17■ a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to,. the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material. misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 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: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 2. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. f. Existing roads and street adjacent to the project shall be cleaned at least once per day unless conditions warrant a greater frequency. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson . Page 12 of 17■ g. Other measures as determined appropriate by the AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height,,as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall. be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved -by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 13 of 17■ 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4. Mitigation Measure # 4: 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 mitigation shall be included as a condition of approval for the Use Permit. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that the required note is on all building and site development plans. Should cultural resources be discovered, the applicant shall immediately stop all work with 50 feet of the find and immediately notify the Department of Development Services. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 5. Mitigation Measure # 6: 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 (7:00 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; ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 14 of 17■ 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. 6. Business identification signs shall be limited to one monument or pole sign no larger than 150 square feet and one sign attached to the structure limited to 2 square feet per linear feet of building frontage (200 square feet maximum). The monument or pole sign must be back lit so as to not create glare or lighting impacts to adjacent residential uses. The monument or pole sign must meet setbacks per the Butte County Code. 7. All buildings shall be setback per Butte County Code requirements at the time of building permit application. 8. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Public Works 10. Prior to establishing use, obtain an encroachment permit and construct a standard S -18B road approach with 24' minimum road width in accordance with County Improvement Standards.. Adequate sight distance at the intersection of access road and Pentz Road shall be provided. Right-of-way. required for construction of road approach and roadside drainage shall be provided. 11. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 15 of 17■ Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up display homes. Monitoring: The Department- of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. California Department of Forestry 12. 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. 13. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Division 14. The existing septic system on site will need to be upgraded to meet the water discharge requirements for the elder care facility. 15. Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate elder care facilities. Building Division 16. Building permits shall be obtained for the new structures. Applicant must provide plans and calculations prepared, sealed, and signed by a California licensed architect or registered engineer verifying adequacy. of building for proposed use. Design shall be in compliance with the 1998 California Building Codes. CalTrans 17. An encroachment permit will be required by Caltrans prior to any work conducted in the State's highway right-of-way. For more information, please contact the staff at the Caltrans District 3 Office of Permits at (530) 741-4403. Pacific Gas & Electric 18. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer." 19. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. ■ Butte County Department of Development Services ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 16 of 17■ County Counsel 20. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant . or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. 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 NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair 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 ■ ■ July 26, 2007 ■ Agenda Report — Use Permit 06-0029 Louis and Karin Gipson ■ Page 17 of 17■ i�� • • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDYAND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP06-0029 (Gipson) NOTE: July 26, 2007 minor amendments are noted on pages 19, 21 and 26 in strike-out/underline Project Name: Gipson, Use Permit, Fite # UP06 0029 • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR UP06-0029 (Louis Gipson) 1.0 PROJECT INFORMATION A. Avylicant/Owner: Louis Gipson B. Engineer: NA C. Staff Contact: Mark Michelena — (530) 538-7376 D. Project Name: N/A E. Project Location: On the northeast corner of Highway 70 and Pentz Road, north of Oroville. F. Type of Ami ication(s): Use Permit G. Assessor's Parcel Number(s): 041-330-017 H. Project Site Size: 4.15 acres I. Current Zoning: U/S-H (Unclassified/Scenic Highway) J. General Plan Designation: AR (Agricultural Residential) K. Environmental Setting: The project site is located in unincorporated Butte County northwest of the City of Oroville in a rural area. The project site is surrounded by agricultural land used for cattle grazing. Spring Valley Elementary is located across Pentz Road. Other uses in the immediate area are rural residential and large undeveloped parcels used for agricultural purposes. Elevation is approximately 725 feet above sea level. The site generally drains via sheet flow to the west. A seasonal drainage way is located on the south portion of the parcel. The project site is not within a 100 -year flood zone. The project parcel is currently vacant. The site once had a mobile home and dog kennel located on it. The dog kennel (boarding) was approved by use permit (UP 86-95,.9-10-86). The mobile home burned down several years ago and the dog kennel facility was abandoned and removed by permit when CalTrans built the extra turn lane on Highway 70 at Pentz Road intersection in 2002. A use permit for an R.V. site with a mini- market and gas station was applied for and denied in 1995. The proposed project, a residential care facility for the elderly, is to be located in the northeast portion of the parcel. Vegetation on the project parcel includes cottonwoods, conifers, oaks, grasses and forbs, and areas of disturbed soils. The vegetation in the proposed area for the project improvements (care facility, access way, parking and septic area) includes the grasses, forbs and disturbed areas. The project site is located in a rural area. Access to the project site will be off of Pentz Road, a county -maintained road. L. Surrounding Land Uses:. Direction General Plan Designation North Agricultural Residential (AR) South Agricultural Residential (AR) East Agricultural Residential (AR) Zoning Existing Land Use(s) U, S -H Residential/Vacant/Grazing U, S -H Vacant U, S -H Vacant/Grazing ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 1 of 32 ■ 0 0 Project Name: Gipson, Use Permit, File # UP06-0029 West Agricultural Residential (AR) U, S -H Agricultural/Orchard M. Proiect Description: The applicant is requesting a use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. The applicant is also proposing in the future to install solar panel system. The installation of solar panels is permitted as accessory uses and would be permitted through a subsequent building permit. The applicant would be required to obtain a sewage disposal permit and domestic well permit from the Environmental Health Department. N. Public Aeency Approvals: Butte County Environmental Health Division, Butte County Public Works Department, Butte County Fire Department/CDF. 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a_ NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. M/, M -IL-- &414 & �-f - fo &/D 7 Prepared by: Mark Michelena, Senior Plann r Date D% o D Reviewed by: Sta iffe, Principal Planner Date ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 2 of 32 ■ Project Name: Gipson, Use Permit, VUP06-0029 • 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] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ) 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project would 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. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 3 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 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 ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 4 of 32 ■ Project Name: Gipson, Use Permit, *UP06-0029 • 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICNISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Impact Discussion: The visual character of the area is rural in nature in that includes areas of open space, an elementary school and residential uses. The project site is vacant at this time. Vegetation on the project parcel includes cottonwoods, conifers, oaks, grasses and fortis, and areas of disturbed soils. The site is not located along a State or County designated scenic highway. However, a portion of the project site is zoned Scenic Highway. The Scenic Highway zone that is located 350 feet from the centerline of Highway 70 and Pentz Road. The proposed project is designed to take into consideration the terrain of the parcel, and to be located over 300 feet from the centerlines of Highway 70 and Pentz Road, to reduce visual impacts to a less than significant level. The project would include light sources (i.e., interior and exterior building lighting and vehicle headlights) that would introduce additional nighttime lighting to the project site and vicinity. The introduction of light from new development may be objectionable to some viewers in the surrounding area, depending on the type and distance of lighting. Due to the rural nature of the surrounding area and the relative density of the proposed subdivision, it is appropriate to include Mitigation Measure # 1 in order to ensure that lighting from the project will directed onto the project site and will be reduced to a level that is less the significant Project construction activities would disrupt views across the site from surrounding areas. Graded surfaces, construction debris, construction equipment and heavy truck traffic would be visible. Soil would be stockpiled and equipment for grading activities would be staged at locations throughout the site. Construction impacts would be less than significant as they are relatively short-term and would cease upon project completion. Short-term light and glare associated with construction activity would likely be limited to night-time lighting necessary for security purposes. These are considered less than significant and would cease upon completion of construction. With the existing mixed -uses found in the project area, no substantial conflicts with the established character or functioning of the surrounding community are anticipated. 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. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 5 of 32 ■ Project Name: Gipson, Use Permit,* UP06-0029 • Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 4.2 AGRICULTURE RESOURCES: Impact Discussion: The S -H (Scenic Highway) zoning portion of the site does not list agricultural uses as a permitted use. The Unclassified zone does allow agricultural uses, single-family homes, and other compatible uses. The property owner/applicant currently keeps a bull and two cows on his adjacent parcel to the north and east. In May 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued an Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the count as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as both "Grazing Land" and "Urban and Built -Up Land". The grazing land designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The minimum mapping unit for Grazing Land is 40 acres. The urban and built-up land designation is described as: Land that is occupied by structures with a building density of at least 1 unit to 1. S acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. The project would not result in the conversion of farmland on-site to a non-agricultural use. Based on the size of the parcel (4.15 acres), it is unlikely that the site would be used for commercial agricultural production. The General Plan land use designation of Agricultural Residential identifies agricultural uses and single-family dwellings at rural densities as a primary use. The site does not have any current agricultural operations. The project will not have an adverse impact on adjacent lands. Grazing occurs to the west of the project site, across Pentz Road. No other agricultural practices are located on adjacent lands. The care facility is located over 680 feet from the grazing use; therefore, no adverse impact is anticipated. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 6 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland to non-agricultural use? Impact Discussion: The S -H (Scenic Highway) zoning portion of the site does not list agricultural uses as a permitted use. The Unclassified zone does allow agricultural uses, single-family homes, and other compatible uses. The property owner/applicant currently keeps a bull and two cows on his adjacent parcel to the north and east. In May 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued an Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the count as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as both "Grazing Land" and "Urban and Built -Up Land". The grazing land designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The minimum mapping unit for Grazing Land is 40 acres. The urban and built-up land designation is described as: Land that is occupied by structures with a building density of at least 1 unit to 1. S acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. The project would not result in the conversion of farmland on-site to a non-agricultural use. Based on the size of the parcel (4.15 acres), it is unlikely that the site would be used for commercial agricultural production. The General Plan land use designation of Agricultural Residential identifies agricultural uses and single-family dwellings at rural densities as a primary use. The site does not have any current agricultural operations. The project will not have an adverse impact on adjacent lands. Grazing occurs to the west of the project site, across Pentz Road. No other agricultural practices are located on adjacent lands. The care facility is located over 680 feet from the grazing use; therefore, no adverse impact is anticipated. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 6 of 32 ■ Project Name: Gipson, Use Permit, File # UP06-0029 • Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone (03) and fine particulate matter (PMIO). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Construction activities are a source of organic gas emissions. Solvents in adhesives, non-waterbased paints, thinners, some insulating materials and caulking materials would evaporate into the atmosphere and would participate 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. During construction various diesel -powered vehicles and equipment would be in use. Construction diesel emissions are temporary, affecting an area for a period of days or perhaps weeks. Additionally, construction -related sources are mobile and transient in nature. Typically health risk assessments are calculated using a 70 -year lifetime exposure. Because of its temporary duration, health risks from construction emissions of diesel particulate would be a less -than -significant impact. The project may create fugitive dust emission during site development activities, such as grading, excavation for foundations and utilities, driveways, parking and other soil work. The Butte County Air Quality Management District (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. A mitigation measure is recommended that requires dust control measures shall be taken during site development activities. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Sensitive receptors in the project area consist of the dwellings that are adjacent to the project site. Because the project would not create substantial pollutant concentrations the impact would be less than significant. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 7 of 32 ■ Project Name: Gipson, Use Permit, VUP06-0029 • Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. 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 AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 8 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X 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 or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with X 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 ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 8 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 • Impact Discussion: The project site is located in a rural area and is currently undeveloped. Vegetation on the project parcel includes cottonwoods, conifers, oaks, grasses and forbs, and areas of disturbed soils. The vegetation in the proposed area for the project improvements (care facility, access way, parking and septic area) includes the grasses, forbs and disturbed areas. No significant impact is anticipated to animals that may be found on the project site. The area is a designated rural area with public use (school), residential uses and open space areas. The site has the potential to have a few animals, but upon a site review no animals were spotted. Upon visual inspection the site does not appear to have any identifiable wetlands. The California Natural Diversity Database (CNDDB using Rarefind 2, Government Version, (Jan -02-2003) was reviewed to determine if any special status species or habitats occur on or near the project site. The CNDDB identified no special status species or habitats on the project site. The nearest identified special status species, Fritillaria eastwoodiae (Butte County Fritillary), is located approximately 0.2 miles to the south, across Highway 70. Upon site inspection, May 1, 2007, where proposed disturbance will occur, no Butte County Fritillary was identified. Oaks are present on the property and the oak woodland represents a significant habitat regime in the State, supporting a wide variety of animal species. Loss of oak trees, though not a listed species, is having a cumulative impact on wildlife resources according to the California Department of Fish and Game. The County of Butte has no official oak tree preservation ordinance or policy. However, California Public Resources Code section 21083.4 was enacted by the State legislature, as follows: 21083.4. (a) For purposes of this section, 'oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height. (b) As part of the determination made pursuant to Section 21080. 1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 9 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated biological resources such as a tree preservation policy ordinance? E Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, X or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X 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 presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site is located in a rural area and is currently undeveloped. Vegetation on the project parcel includes cottonwoods, conifers, oaks, grasses and forbs, and areas of disturbed soils. The vegetation in the proposed area for the project improvements (care facility, access way, parking and septic area) includes the grasses, forbs and disturbed areas. No significant impact is anticipated to animals that may be found on the project site. The area is a designated rural area with public use (school), residential uses and open space areas. The site has the potential to have a few animals, but upon a site review no animals were spotted. Upon visual inspection the site does not appear to have any identifiable wetlands. The California Natural Diversity Database (CNDDB using Rarefind 2, Government Version, (Jan -02-2003) was reviewed to determine if any special status species or habitats occur on or near the project site. The CNDDB identified no special status species or habitats on the project site. The nearest identified special status species, Fritillaria eastwoodiae (Butte County Fritillary), is located approximately 0.2 miles to the south, across Highway 70. Upon site inspection, May 1, 2007, where proposed disturbance will occur, no Butte County Fritillary was identified. Oaks are present on the property and the oak woodland represents a significant habitat regime in the State, supporting a wide variety of animal species. Loss of oak trees, though not a listed species, is having a cumulative impact on wildlife resources according to the California Department of Fish and Game. The County of Butte has no official oak tree preservation ordinance or policy. However, California Public Resources Code section 21083.4 was enacted by the State legislature, as follows: 21083.4. (a) For purposes of this section, 'oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is 5 inches or more in diameter at breast height. (b) As part of the determination made pursuant to Section 21080. 1, a county shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. If a county determines that there may be a significant effect to oak woodlands, the county shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 9 of 32 ■ Project Name: Gipson, Use Permit, VUP06-0029 • (1) Conserve oak woodlands, through the use of conservation easements. (2) (A) Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees. (B) The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted. (C) Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project. (D) The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands. (3) Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. Efforts must be made to ensure that projects protect native oak trees, since development is decreasing their numbers to the point that they may become endangered in the future. For this reason a mitigation measure is set forth below to ensure that oaks present on the property are protected from development activity to the extent possible. A seasonal drainage way is located on the southern portion of the parcel. The proposed project improvements are not located adjacent to the drainage way. Staff has included as a condition of approval that no structure shall be located within 50 feet of the centerline of the drainage way. Any disturbance of the drainage way will be required to obtain the necessary state permits prior to disturbance. It is expected that the evergreen conifers on the project site would not be affected by the development of this site. The trees are located on the south portion of the parcel, adjacent to the seasonal drainage way and State Highway 70. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 10 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 • Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of X a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a moderate to low archeological sensitivity. Often cultural resources are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site does not contain any of these characteristics. The project site does not contain any known historic or unique structures. The project would result in the development of a 6,800 square foot elderly care facility, parking area and access drive. Development of the project site may uncover and disturb cultural resources that lie below the surface of the ground. To protect cultural resources that may be located on the project site Mitigation Measure # 4 is recommended that requires 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 the course of development activities. Mitigation Measure # 4: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: This measure shall be implemented during all site development activities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 11 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 • Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the applicant and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault 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 liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system X where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, located approximately 12.3 miles to the southeast of the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Because the project site appears to be located such that the probability of significant groundshaking is low and any structures that are built would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The potential impacts would be less than significant. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 12 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 0 The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is moderate potential for landslides in this area. Any new structures placed on the property would comply with applicable portions of the Uniform Building Code as adopted by Butte County, which would mitigate any potential impacts resulting from any sort of ground failure. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that there is high potential for landslides in this area. Due to the project design, working with the existing topography, the project will have a less than significant impact with regard to soil erosion. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil potential. The Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive potential. If the site does have expansive soils, the Building Division will ensure that the foundations of all new structures are designed to handle the shrink/swell characteristics of expansive soils. Sewage disposal for the proposed use would be provided by individual septic systems. Water will be provided by on-site individual wells. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code X 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, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X 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 the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 13 of 32 ■ Project Name: Gipson, Use Permit, PUP06-0029 • Impact Discussion: Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. The parcel is undeveloped. The proposed use will be a 6,800 square foot, residential care facility for up to 10 elderly people and significant quantities of hazardous materials to the public being transported to or from the site. The proposed use is not proposing to transport any hazardous material to or from the site. The project site is not located within an airport compatibility zone. The project is located within a rural area. It is also in a State Responsibility Area for fire protection. The nearest staffed fire station is the Cherokee Station # 67, located approximately 2.2 miles to the southeast. Based on the proximity to the nearest full-time station and being in an urban area not adjacent to wildlands, there is no potential impact from wildfires. The Butte County Fire Department/California Department of Forestry reviewed the project and determined that appropriate conditions be included as part of project approval, including that all development on the site must comply with State and County Fire Safe regulations. All required conditions will be included as part of project approval. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Impact Discussion: Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers' instructions and handled in compliance with applicable standards and regulations. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. The parcel is undeveloped. The proposed use will be a 6,800 square foot, residential care facility for up to 10 elderly people and significant quantities of hazardous materials to the public being transported to or from the site. The proposed use is not proposing to transport any hazardous material to or from the site. The project site is not located within an airport compatibility zone. The project is located within a rural area. It is also in a State Responsibility Area for fire protection. The nearest staffed fire station is the Cherokee Station # 67, located approximately 2.2 miles to the southeast. Based on the proximity to the nearest full-time station and being in an urban area not adjacent to wildlands, there is no potential impact from wildfires. The Butte County Fire Department/California Department of Forestry reviewed the project and determined that appropriate conditions be included as part of project approval, including that all development on the site must comply with State and County Fire Safe regulations. All required conditions will be included as part of project approval. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 14 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 14 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 Impact Discussion: The proposed use will be served by individual wells and septic systems. The project would not violate any water quality standards or waste discharge requirements. The project is not proposing any significant impacts to drainage patterns. The site does not have any watercourses, so no alterations to drainage swales or waterways will occur. An increase in stormwater runoff can be expected due to the reduced absorption rate created from new impervious surfaces on the site, such as structures, driveways, and hardscape (walkways, patios). The Butte County Public Works Department requires that the applicant submit a plan for a permanent solution for drainage. The plan would specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility. The plan is also required to show that there will be no increase in the peak flow of storm water runoff from the site. With the inclusion of this mitigation measure, no significant impacts would occur to off-site drainage facilities. The California Regional Water Quality Control Board has stated that grading and/or other soil disturbing activities may occur. In order to protect water quality during construction, appropriate storm water pollution control measures must be implemented. A condition of approval will be included that will require a Construction Storm Water Permit if development activities disturb one or more acres. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 15 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? C Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X 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? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: The proposed use will be served by individual wells and septic systems. The project would not violate any water quality standards or waste discharge requirements. The project is not proposing any significant impacts to drainage patterns. The site does not have any watercourses, so no alterations to drainage swales or waterways will occur. An increase in stormwater runoff can be expected due to the reduced absorption rate created from new impervious surfaces on the site, such as structures, driveways, and hardscape (walkways, patios). The Butte County Public Works Department requires that the applicant submit a plan for a permanent solution for drainage. The plan would specify how drainage waters shall be detained on-site and/or conveyed to the nearest natural or publicly maintained drainage channel or facility. The plan is also required to show that there will be no increase in the peak flow of storm water runoff from the site. With the inclusion of this mitigation measure, no significant impacts would occur to off-site drainage facilities. The California Regional Water Quality Control Board has stated that grading and/or other soil disturbing activities may occur. In order to protect water quality during construction, appropriate storm water pollution control measures must be implemented. A condition of approval will be included that will require a Construction Storm Water Permit if development activities disturb one or more acres. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 15 of 32 ■ Project Name: Gipson, Use Permit, 9 UP06-0029 • 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 06007C -0575C, dated June 8, 1998. Development of the proposed project would not expose people or structures to 100 -year floods. The project site is not within a dam -failure inundation area (Butte County Department of Development Services GIS "Flood Inundation" Theme). Therefore, no people or structures on the site would be subject to significant risk of flooding. The property is not located in an area prone to mudflow. No impact would occur with respect to this natural hazard. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. 4.9 LAND USE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X 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 natural community conservationplan? X Impact Discussion: The applicant is requesting a use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. The applicant is also proposing in the future to install solar panel system. The installation of solar panels is permitted as accessory uses and would be permitted through a building permit. The parcel is currently vacant. The Butte County General Plan Land Use Element designates the project site as Agricultural Residential which lists single-family dwelling as a primary use and a care homes as a secondary use. The project is consistent with General Plan density requirements. The zoning on the parcel is Unclassified and Scenic Highway, which allow single-family dwellings as a permitted use and commercial uses by a use permit. A decision-making body will determine whether to adopt use permit findings in conjunction with their decision on the use permit. In order to support a use permit, specific findings need to be made in regard to 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: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 16 of 32 ■ Project Name: Gipson, Use Permit, OUP06-0029 • 1. Harmony in scale, bulk, coverage, and density: The proposed facility is a two-story, 6,800 square foot structure, which will be located on a large parcel, over 4 acres in size, with existing mature cottonwoods, conifers, and oaks to help screen the structure. 2. The availability of public facilities, services and utilities No additional public services are needed to accommodate this project. The project will be served by well and septic. 3. The harmful effect, if any, upon desirable neighborhood character: The project site is located in a rural area with residential uses to the north, an elementary school to the west, and Highway 70 to the south. The proposed commercial use of an elderly care facility, on average, will generate similar traffic as a single-family residence. The residents of the facility will not have cars. The main traffic generated by the use will be the staff. 4. The suitability of the site for the type and intensity of use or proposed development: The site is suited for the project because the property is large enough (4.15 acres), has access to a county -maintained road, adequate area for circulation and parking. The Initial Study and Mitigated Negative Declaration determined that impacts by the project will be less than significant with the included mitigations. 5. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed use permit application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The planning -related impacts of this project appear to be minor in general, assuming all conditions are dutifully executed This proposal would not physically divide an established community. Surrounding uses include the Spring Valley Elementary, located to the west across Pentz Road, rural residential and large undeveloped parcels used for agricultural purposes. The property is not within a habitat conservation plan or natural community conservation plan. No significant impact would occur. Mitigation Measure: None required 4.10 MINERAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 17 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land use plan? ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 17 of 32 ■ Project Name: Gipson, Use Permit, VUP06-0029 Is Impact Discussion: The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. The project is located within an area where there are little or no remaining mineral resources. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X 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 the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is typically an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (0)• Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60- dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by his man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 18 of 32 ■ Project Name: Gipson, Use Permit, PUP06-0029 • The project site is located in a rural area of residential, agriculture, school and open space along a state highway. Noise levels on the site primarily originate from vehicles on State Highway 70 and on Pentz Road. The distance between the project site and the nearest sensitive receptor is over 350 feet to the north. Currently, the sensitive receptor is a single-family home, owned and lived in by the applicant. Uses associated with this project would create a less than significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by adjacent rural residential uses. 'nd_us;#i_al and- reemmer-esial uses and vehieles on State Highway 99i it 9 b During construction, the site preparation and construction phase would generate temporary sound levels ranging from approximately 70 to 90 dBA at 50 foot distances from heavy equipment and vehicles. These construction vehicles and equipment are generally diesel powered, and produce a characteristic noise that is primarily concentrated in the lower frequencies. The powered equipment and vehicles act as point sources of sound, which would diminish with distance over open terrain at the rate of 6 dBA for each doubling of the distance from the noise source. Since construction is carried out in several reasonably discrete phases, each has its own mix of equipment and consequently its own noise characteristics. Generally, the short-term site preparation phase, which requires the use of heavy equipment such as bulldozers, scrapers, trenchers, trucks, etc., would be the noisiest. The ensuing building construction and equipment installation phases would be quieter and on completion of the project, the area's sound levels would revert essentially to the traffic levels. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the nearness of the project site to existing residential structures, construction noise may have a significant impact on nearby residences. To help reduce noise related impacts to the nearby residents, Mitigation Measure # 5 is recommended that limits construction activities between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The mitigation measure also requires that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. The project site is not located within an airport compatibility zone Mitigation Measure # 6: 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 (67:00 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 19 of 32 ■ Project Name: Gipson, Use Permit, PUP06-0029 • The project site is located in a rural area of residential, agriculture, school and open space along a state highway. Noise levels on the site primarily originate from vehicles on State Highway 70 and on Pentz Road. The distance between the project site and the nearest sensitive receptor is over 350 feet to the north. Currently, the sensitive receptor is a single-family home, owned and lived in by the applicant. Uses associated with this project would create a less than significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by adjacent industrial and commercial uses and vehicles on State Highway 99. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project will be compatible with the existing noise environment which is dominated by commercial uses. During construction, the site preparation and construction phase would generate temporary sound levels ranging from approximately 70 to 90 dBA at 50 foot distances from heavy equipment and vehicles. These construction vehicles and equipment are generally diesel powered, and produce a characteristic noise that is primarily concentrated in the lower frequencies. The powered equipment and vehicles act as point sources of sound, which would diminish with distance over open terrain at the rate of 6 dBA for each doubling of the distance from the noise source. Since construction is carried out in several reasonably discrete phases, each has its own mix of equipment and consequently its own noise characteristics. Generally, the short-term site preparation phase, which requires the use of heavy equipment such as bulldozers, scrapers, trenchers, trucks, etc., would be the noisiest. The ensuing building construction and equipment installation phases would be quieter and on completion of the project, the area's sound levels would revert essentially to the traffic levels. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the nearness of the project site to existing residential structures, construction noise may have a significant impact on nearby residences. To help reduce noise related impacts to the nearby residents, Mitigation Measure # 5 is recommended that limits construction activities between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The mitigation measure also requires that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. The project site is not located within an airport compatibility zone. Mitigation Measure # 6: 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 mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 19 of 32 ■ • 0 Project Name: Gipson, Use Permit, File # UP06-0029 4.12 HOUSING: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? X X Impact Discussion: Butte County is currently home to over 217,200 people, with a projected population of 241,515 by 2015. This projection is supported by the fact that population increase has been steady for the last ten years, with an annual average increase of 1,770 people (0.9 percent). Between 1996 and 2006, population grew about 9 percent in the county. The proposed Use Permit for an elderly care facility, for up to 10 residents, will not induce substantial population growth. Therefore, there is a less than significant impact potential for substantial increase in growth in the area. The project site is currently vacant and the proposed project would not displace individuals or housing. Mitigation Measure: None required. 4.13 PUBLIC SERVICES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X 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. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The proposed project will not require the creation of any new or physically alter any existing government facilities. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 20 of 32 ■ Project Name: Gipson, Use Permit, F, * • The project is located within a rural area. The site is in a State Responsibility Area for wildland fires. The nearest fire station is the Cherokee Station # 67 (volunteer), located approximately 2.2 miles to the south. The Butte County Fire Department/California Department of Forestry reviewed the project and determined that appropriate conditions be included as part of project approval, including that all development on the site must comply with State and County Fire Safe regulations. The project would result in added need for County services, such as law enforcement, fire protection, general services, and roads. The County does collect development impact fees for commercial development. The fee varies depending on the type of use. The payment of these fees would help offset the cost of providing County services to the project site. These fees are required at time of building permit issuance. A less than significant impact to services is anticipated. The proposed project is not proposing any residential development, an additional commercial use could bring new families to the Chico area, it is anticipated that the proposed use would have a less than significant impact to school facilities in the area. The County does collect school impact fees for commercial development. The fee varies depending on the type of use and square footage. These fees are required at time of building permit issuance. Mitigation Measure: None required. 4.14 RECREATION: Impact Discussion: The development of a elderly care facility will not cause an increase in the usage of parks and other recreational facilities in the project area. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. The property is within the Chico Area Recreation District. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 21 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? Impact Discussion: The development of a elderly care facility will not cause an increase in the usage of parks and other recreational facilities in the project area. The project does not include any recreational facilities nor would the project require the construction or expansion of recreational facilities. The property is within the Chico Area Recreation District. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 21 of 32 ■ Project Name: Gipson, Use Permit, F*UP06-0029 • 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: The project parcel fronts on both Pentz Road and Highway 70. Access to the project site will off of Pentz Road. Based on the steep frontage along Pentz Road, the access drive will enter on an adjacent parcel and enter the project site approximately 250 feet from Pentz Road. The proposed commercial use of an elderly care facility, on average, will generate similar traffic as a single-family residence. According to the applicant, the residents of the facility will not have cars. The main traffic generated by the use will be the staff. Up to 2 staff members will be on site at any given time. They would be 12 hour shifts. Therefore, the average number of daily trips would be eight. Additional trips that would be generated will include, but not limited to: taking residents to appointments or shopping and family members/friends visits. These types of trip generation would not be an everyday occurrence, but could add on average, up to four to eight trips a day. No additional roads are required for the project. All development on the project parcel will be required to meet all necessary setbacks from existing/proposed right-of-ways to protect proper view corridors for traffic entering onto Pentz Road. The project, which has parcel frontage on State Highway 70, was sent to The Department of Transportation for review and comments. Their only comment was to require an encroachment permit for work done within their right-of-way. No development is proposed within the state right-of-way. Butte County Code Section 24-240 (b) Convalescent homes, rest homes, nursing homes, sanitariums, etc. One (1) space for every four (4) beds plus one (1) space for each two (2) employees (other than the staff doctors) plus one (1) space for each doctor assigned to the staff, but in no case less than one (1) space per seven hundred fifty (750) square feet of gross floor area. The proposed project has adequate room to provide required parking; therefore, the project would have no impact resulting from insufficient parking capacity. This Use Permit project would not conflict with accepted policies, plans or programs supporting alternative transportation. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 22 of 32 ■ Project Name: Gipson, Use Permit, F*UP06-0029 Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: • Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The project will be on individual septic systems and wells. The project would not have an impact on any wastewater treatment facilities. No additional storm water facilities would be necessary as a result of this project. The project could increase the stream of solid waste being deposited in the Neal Road Landfill by a minor 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. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 23 of 32 ■ Project Name: Gipson, Use Permit, *UP06-0029 • 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a X 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 cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X 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 cause substantial adverse effects on human beings, either X directly or indirectly? The project 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; 4.4 — Biological Resources; 4.5 — Cultural Resources; 4.8 Hydrology/Water Quality and 4.11 — Noise. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures # 1 through # 6 as itemized under Section 5.0 — Mitigation Measures and Monitoring Requirements. 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 as a condition of the Use Permit, and on all building permit and site development plans. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: Building inspectors shall check and ensure compliance on-site. The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. Mitigation Measure # 2: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 24 of 32 ■ Project Name: Gipson, Use Permit, *UP06-0029 • c. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. d. 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). e. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. Water shall be applied to disturbed areas to minimize dust until soils are stabilized. 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 AQMD or the Department of Public Works to control dust shall be implemented. 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 all grading and construction periods. Monitoring: Building inspectors shall check and ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure # 3: Prior to removal or encroaching upon any oak trees (this generally includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1)' A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for oft -site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 25 of 32 ■ Project Name: Gipson, Use Permit Fil•UP06-0029 • J Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure # 4: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the applicant and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure # 5: Prior to 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. Plan Requirements: Submit drainage plans and calculations to the Department of Public Works for review and approval. Timing: The drainage plan shall be submitted and approved prior to issuance of building permits and/or setting up models. Monitoring: The Department of Public Works shall ensure that the required plan is submitted and ensure that the drainage improvements are constructed or bonded for construction. Mitigation Measure # 6: 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 (67:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and property 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." ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 26 of 32 ■ Project Name: Gipson, Use Permit, FOUP06-0029 • Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on the building permit site plan. 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. ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 27 of 32 ■ Project Name: Gipson, Use Permit, VUP06-0029 • ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Man 11-1, Seismic Safety Element, Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Mag. Chico, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Mag, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1998 and 2000. 14. USGS Quad Maps. 15. Soil Map, Chico 1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926),Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Mag. Butte County Fire Department and California Department of Forestry, 1989. 18. California Department of Fish and Game. California Natural Diversity Data Base (2003). 19. Institute of Transportation Engineers. Trip Generation, 6`h Edition. 1997 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Air Qual. Management Dist. [X] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise IN CA Department of Forestry [X] CalTrans (Traffic) IN Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Sheriff [ ] Army Corps of Engineers [X] US Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Chico Unified [ ] Chico Area Recreation [ ] El Medio Fire Dept. [ ] OWID [ ] LOAPUD [X] PG&E [ ] Pacific Bell [ ] Durham Unified Sch. Dist. [ ] Oroville Elem. School Dist. IN County Assessor [X] County Counsel ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study - Gipson UP06-0029 ■ Page 28 of 32 ■ Project Name: Gipson, Use Permit, File # UP06-0029 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study for Louis Gipson Jr., Use Permit (APN # 041-330-017) 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 Initial S dy. Project S onsor/Pr ject Agent Date Project Sponsor/Project Agent Date G:\PROJECTS\UP\GIPSON UP06-0029\Planning Commission Documents\UP06-0029 MND Draft 64-07.doc ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 29 of 32 ■ Project Name: Gipson, Use Permit, File # UP06-0029 FG-0—LJ ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 30 of 32 ■ -a NORTH 0 Project Name: Gipson, Use Permit, File # UP06-0029 • 1:r NORTH n Butte County Department of Development Services o m Planning Division a Initial Study — Gipson UP06-0029 o Page 31 of 32 n • Project Name: Gipson, Use Permit, File # UP06-0029 s' �IItS�LI:S� -a NORTH ■ Butte County Department of Development Services ■ ■ Planning Division ■ Initial Study — Gipson UP06-0029 ■ Page 32 of 32 ■ • 0 , Page 1 of 1 Michelena, Mark From: Phil Sutton [phisut@sbcglobal.net] Sent: Tuesday, June 19, 2007 2:39 PM To: Michelena, Mark Subject: Project UP06-0029 (Gipson) Hello Mark, I own parcels and reside across the street (Hwy 70) from this proposed project. Both my wife and I are 100% in support of Mr. Gipson's plans and believe the project to be an asset to our area of the county. Is there any reason I should appear at the hearing, in support of the project? I own a business in Paradise and taking the time off would generate a loss for my business. Phil Sutton 7/16/2007 PLANNINg APPROVED Date: I By: cS3ca� N Department of Development Services Building Division 7 County Center Drive Oroville, CA 95965 (530) 538-7601 (530) 538-7785 FAX FACSIMILE COVER! SHEET DATE: 6/14/07 TO: Enterprise Record FROM: Tina Bonham SUBJECT: Legal Publications for UP06-0029 Gipson Number of pages (including this cover sheet) 3 Fax Number (530) 891-9247 If you do not receive all of the pages, please call (530) 538-7602 as soon as possible. Special Instructions: Please confirm receipt by return Fax at (53 0) 538-7785. Comments: Thank you, Tina Bonham KAplanningWormsWax cover 07 05 Date Fax Received Time: COUNTY OF BUTTE OROVILLE, CALIFORNIA s U P Chico Enterprise Record P PO Box 9 L Chico, Ca 95927 I 016410 E R • FIELD PURCHASE ORDER Issued By Department NUMBER F 07-407 DEVELOPMENT SERVICES PLANNING DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. # 6/14/07 NOTICE TO THE PUBLIC 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DIVISION ATTENTION - Tina Bonham 7 COUNTY CENTER DRIVE OROVILLE, CA 95965 To be published in the Oroville Mercury Register on June 20, 2007 Gipson UP06-0029 TOTAL I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. Dated: V0636 SUPPLIER NO. Department Head or Authorized Deputy F 07-369 DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 a BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP 06-0029 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project Use Permit 06-0029 (Gipson) at a public hearing before the Butte County Planning Commission to be held on July 26, 2007, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Louis H. Gipson, Jr. Project Name: UP06-0029 (Gipson) Planner: Mark Michelena APN: 041-330-017 Zoning: S-H/U Location: On the northeast corner of Highway 70 and Pentz Road, north of Oroville Project Description: A use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting June 20, 2007 through July 19, 2007, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Mark Michelena, (530) 538-7376 or mmichelenaQbuttecounty. net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES "DRAFT" LEAD IN SHEET PROJECT NUMBER: APPLICANT: - 1 psr3vlU� OWNER(S): REPRESENTATIVE: l prSs0C Tanner) � r D�✓lo,f-Pct � � ���o�'�— PROPOSEgREQUEST: (by counter P r vl� �ZJ Q J a we J.�r cep fed vas co mmwit�'t o - C�.l' ��rG' - t c f-�cv� c✓a�r o-fr.r�i/lf. r���u�e�C i�r a� /yiv�v�'°y AS OCe- iur � Gl Vf FINAL REQUEST: (by project planner) N LOCATION: (by counter planner) FINAL LOCATION: (by project planner) Cho EXISTING ZONING: UA- GENERAL PLAN DESIGNATION: SIZE: y f Q v SUPERVISORIAL DISTRICT #: DATE RECEIVED: l,2_/d-,lU(,COUNTER PLANNER'S INITIALS: �ldf�l Date Project Assi-ned• 11` - IDR Date t / / -7 7 30 Da Com Tete: �— Tentative Hearin Date: BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer X California Department of Forestry — El Medio Fire Protection District Domestic Water: _ Butte Water District Del Oro Water Co. S.F.W & P. Agency (OWID) — California Water Service Co. — Thermalito Irrigation District — Other Utilities: _Z0 PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water R.ichvale Irrigation Dist. Sewer: _ Pacific Bell Viacom Cable TV _ Durham Irrigation Dist. Table Mountain Irrigation Dist. L.O.A.P.U.D. — Sterling City Sewer Main Drainage Districts: _ Sacramento & San Joaquin Drainage Dist. — _ Drainage District 200 — Reclamation District No. 2056 — State Agencies: CalTrans— Dept. of Water Resources Federal Agencies: U.S. Forest Service Other Districts, Agencies, Committees, etc.: }C 60k codv4tt Afl- Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 4 Dept. of Fish and Game U.S. Bureau of Land Management dad ktribution Listdoc Revised 09/11/06 COMMENT DISTRIBUTION LIST Project Number: (1L& ---0 00-q County Offices and Cities: Planning Division: X Assessor's Office - Mapping — _ X Environmental Health — City of Biggs — Building Manager — City of Chico = LAFCo City of Gridley X Agricultural Commission — City of Oroville — X Public Works/Land Dev — Town of Paradise — X County Counsel Fire Protection: BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer X California Department of Forestry — El Medio Fire Protection District Domestic Water: _ Butte Water District Del Oro Water Co. S.F.W & P. Agency (OWID) — California Water Service Co. — Thermalito Irrigation District — Other Utilities: _Z0 PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water R.ichvale Irrigation Dist. Sewer: _ Pacific Bell Viacom Cable TV _ Durham Irrigation Dist. Table Mountain Irrigation Dist. L.O.A.P.U.D. — Sterling City Sewer Main Drainage Districts: _ Sacramento & San Joaquin Drainage Dist. — _ Drainage District 200 — Reclamation District No. 2056 — State Agencies: CalTrans— Dept. of Water Resources Federal Agencies: U.S. Forest Service Other Districts, Agencies, Committees, etc.: }C 60k codv4tt Afl- Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 4 Dept. of Fish and Game U.S. Bureau of Land Management dad ktribution Listdoc Revised 09/11/06 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: GIPSON, LOUIS H JR & KARIN DATE: 12/28/2006 AGENT: <undefined value> APN: 041-330-017 FILE #: UP06-0029 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain 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 ❑ I. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall 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 the9suance of the Use Permit, prove to the satisfath 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: GIPSON, LOUIS H JR & KARIN DATE: 12/28/2006 AGENT: <undefined value> APN: 041-330-017 FILE #: UP06-0029 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: SEWAGE DISPOSAL AREAS 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). 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. PUBLIC WATER SUPPLY Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. 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: GIPSON, LOUIS H JR & KARIN DATE: 12/28/2006 AGENT: <undefined value> APN: 041-330-017 FILE #: UP06-0029 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ I. 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 ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 • BUTTE COUNTY 0 STANDARD CONDITIONS FOR USE PERMIT APPLICANT: GIPSON, LOUIS H JR & KARIN DATE: 12/28/2006 AGENT: <undefined value> APN: 041-330-017 FILE #: UP06-0029 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville 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. 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 System (CHRIS) to identify projects that may hay arch information on the full range of historical resources identified i Ca i Historic Preservation (OHP), the State Historic Preservationce Northeast Center of the CHRIS system, located at Ca�Vlr including Butte County. I ormation Center (NEIC) of the California Historical Resources tj gical significance. The CHRIS is a statewide system for managing �a. This system is under the authority and direction of the Office of ,Iia. and the State Historical Resources Commission (SHRC). The versity, Chico, manages the historical resource records for 11 counties, The Northeast Information Center will furnish a Re ear o velopment Services indicating the archaeological historical significance and sensitivity of the applicant's p oject r and addit' all roviding a recommendation as to whether further archaeological survey is warranted. If further archaeologica s is re ' , th pplication would be considered incomplete until the appropriate archaeological survey is completed and revie d. The Department of Developmen Se es w' forty applicant's payment (by check) of $60.00 and relevant project application information required for the Records Search to NEIC. EIC 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. Applicant Signature Applicant PRINTED Name Check Number Planner, File Number Revised 07/11/06 K:\Planning\FORMSWpplications\ProjectlnfoForm—Agent_NEIC.doc Date Butte County Doartment 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 December 29, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: GIPSON, LOUIS H JR & KARIN, UP06-0029 Planner: Mark Michelena APN: 041-330-017 Location: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville 30 -Day Complete January 27, 2007 Date of IDR January 17, 2007 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 continent on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on January 17, 2007 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, 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: <undefined value>). Signature: Department: Date: K:/Planning/Projects/A New RUM Memos/IDR Completeness 8/30/05 Butte County Dortment 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 December 29, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: GIPSON, LOUIS H JR & KARIN, UP06-0029 Planner: Mark Michelena APN: 041-330-017 Location: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville 30 -Day Complete January 27, 2007 Date of IDR January 17, 2007 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 January 17, 2007. Do you find this application complete? ❑ NO. Please respond prior to or at the .IDR meeting, 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: <undefined value>). Signature: Department: Date: KIPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 40 Butte County Department of Development 1pervices 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 December 29, 2006 TO: Enter Agency or Department FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: GIPSON, LOUIS H JR & KARIN, UP06-0029 APN: 041-330-017 DATE OF Inter -Departmental Review:. January 17, 2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: January 15, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 1, 2007 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 1/17/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: A proposed 6,800 square foot, 6 bedroom home to be used as a residential care facility for the elderly. There will be up 10 ten elderly residents with 1 to 2 staff at any given time. Facility to be licensed through community care licensing of California. Application was originally submitted in as a minor use permit (MUP 06-04). It was determined that a use permit was required. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: U/S-H , GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at 530-538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: KAPlanning\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc 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.buttecountv.net/dds ADMINISTRATION * BUILDING * PLANNING December 29, 2006 Please use maps distributed with project MUP 06-04 distributed April 2006. Thank you. Page 1, of 1 Michelena, Mark From: Louis Gipson [rnloubuilder@yahoo.com] Sent: Tuesday, August 01, 2006 8:13 PM To: Michelena, Mark Subject: Withdrawal of MUP application # MUP 06-04 Good morning Mark, Per your request, I am sending you this e-mail to request the withdrawal of MUP 06-04 relating to APN 041-330-017. 1 agree with you that I was improperly instructed to apply for a Minor Use Permit rather than a full Use Permit as you determined was necessary. I gave the matter further thought and concluded that I will continuing with constructing the building with the plans currently drawn but seek licensing from Community Care Licensing for only six (6) residents. I will make changes in the building plans to accommodate the modifications required for a possible application in the future of a Use Permit to allow ten (10) residents. I request that a refund of the unused MUP application fee be issued. I understand the Environmental Health review was completed and I am not requesting a refund on that portion of the fee. Thank you for your time and understanding in this matter. I look forward to hearing from you soon. Louis Gipson Yahoo! Music Unlimited - Access over 1 million songs. Try it free. 8/4/2006 IF Project Location --- - --- . ... . ... M U P 06-04 041-330-017 VICINITY MAP 21,6 4 . - . . . . . . . .... . Bu4e1"* n...—dpnt7P IF Project Location --- - --- . ... . ... M U P 06-04 041-330-017 G,Q, U AR \l I ao: 1,750 875 0 1,750 3,500 5,250 7,000 8,750 10,500 12,250 14,000 15,750 Feet N BUTTE COUNTY PLANNING COMMISSION WE Applicant: Louis Gipson Owner: Same -* Hearin Date: Existing Zone: U(Unclassified) & S -H S Request: Minor Use Permit to allow a 6,800 sq.ft., 6 bedroom home as a residential Supervisorial Care Facility for the elderly. There will be up to 10 elderly residents with 1 to 2 District #5 staff members at any given time. Assessor Parcel No: 041-330-017 1 File: MUP 06-04 r MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Time Spent: TO: Larry Painter FROM: Tina Bonham SUBJECT: REQUEST FOR EXHIBITS U DATE: �) -1 loko Project Name: File #: APN(s):(-A —3f�0' lq (Attachments: Lead in Sheet) • LEAD IN SHEET FILE NO: MUP 06-04 APN: 041-330-017 APPLICANT: LouisGipson 2736 Pentz Rd. OrovilleCA95965 OWNER: Lousi Gipson REPRESENTATIVE: Russell, Gallaway & Associates REQUEST: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. LOCATION: Northeast corner of Highway 70 and Pentz Rd. South of Paradise SIZE: 4.15 acres SUPERVISORIAL DISTRICT # 5 EXISTING ZONING: See Comments, (See Comments) GENERAL PLAN DESIGNATION: AR(Agricultural Residential) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Carl Durling Date Application Received: 4/13/2006 Date Proiect Assigned: 4/25/2006 IDR Date: 5/10/2006 30 -Day Complete: 5/12/2006 "DRAFT" LEAD IN SHEET FILE NO: MA lAe AP# 01 - 3 APPLICANT: LDUP7S OWNER: c�i}w► G REPRESENTATIVE: 5� PROPOSED REQUEST: (to be filled out by person taking in application) FINAL REQUEST: (to be filled out Tin o vv U ,, ( ( �ae_ Uv -6 1 4 CC" ✓ (co-v\Skcu--(4,,,,VlcQ V SIZE: Li- � � A- 0 SUPERVISORIAL DISTRICT # EXISTING ZONING: LA — q GENERAL PLAN DESIGNATION: �-C� • 4 s&rQ nr1� ASSIGNED PLANNER: //' 44 Date Date Proiect Date lete 7i AVON Tentative Hearing Date KAP1anning\Fonns\Lead In Sheet.doc PLANNER'S INITIALS BUTTE COUNTY APR 13 2006 DEVELOPM-NT .SERVICES S`v.A- `0111,• • COMMENT DISTRIBUTION LIST APPLICANT:. OULSJ!L- 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 Other Districts, Agencies, Committees, etc.: C�w•k�,n�.� CarvL i_.iCsZi�S���%[VtS�o n K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc U.S. Bureau of Land Management Uj PLANNING PROJECT DESCRIPTION: (Qoup cav Q- 14-'w ... �1�� u0 (O /,1e 1 � FILE NO.: MUP DATE: AP NO: OL�L- 330_.0 k% County Offices and Cities: _ Planning Division X Assessor's Office - Mapping BCAG Health City of Biggs ALUC xEnvironmental 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 Fire Protection: X California Department of Forestry _ EI 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 Other Districts, Agencies, Committees, etc.: C�w•k�,n�.� CarvL i_.iCsZi�S���%[VtS�o n K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc U.S. Bureau of Land Management Uj 11 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 April 26, 2006 • ADMINISTRATION' BUILDING * PLANNING Z e TO: Enter Agency or Department O� FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Gipson, Louis Minor Use Permit MUP 06-04 APN: 041-330-017 DATE OF Inter -Departmental Review: 5/10/2006 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 05/08/06 AGENCY/DEPARTMENT . CONDITIONS/MITIGATION MEASURES DUE BY: 05/25/06 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 5/10/2006, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California.. PROJECT LOCATION: Northeast corner of Highway 70 and Pentz Rd. South of Paradise. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: See Comments(See Comments) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR; COMMITTEE .= APPLICATION COMPLETE: No (Please send response to Mark Michelena by 05/08/06) Yes (Conditions/mitigation measures due by 05/25/06) a.' • 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' A� ► April 26, 2006 r TO: Enter Agency or Department (IO FROM: Butte County Planning Division y SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Gipson, Louis Minor Use Permit MUP 06-04 APN: 041-330-017 DATE OF Inter -Departmental Review: 12:00:00 AM IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 05/08/06 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 05/25/06 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 12:00:00 AM, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor use permit for a 6 bedroom care facility for up to 10 individuals. PROJECT LOCATION: North of the Highway 70-Pentz Rd. intersection. COUNTY SUPERVISOR DISTRICT NO.: 5 ZONING: See Comments(See Comments) GENERAL PLAN: AR(Agricultural Residential) If a response cannot be submitted prior to the due dates listed above, please call at (530) 538- or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE — APPLICATION .COMPLETE: [AFNo (Please send response to by 05/08/06) Yes (Conditions/mitigation. measures due by 05/25/06) Documend • BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS L1 APPLICANT Gipson, Louis DATE: 4/13/2006 COP AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. SEWAGE DISPOSAL AREAS ❑ 1. 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. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 3. Meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). B. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. C. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. D. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Gipson, Louis DATE: 4/13/2006 AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: E. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. F. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area, and fire resistant construction 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. • BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Gipson, Louis DATE: 4/13/2006 AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. FIRE PROTECTION ❑ 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 STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Gipson, Louis DATE: 4/13/2006 AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. 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. u 4. Prior to the issuance along the points. B. DRAINAGE of building permits, relinquish abutter's rights of access to Butte County frontage of parcels , except at approved access ❑ 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 ❑ I. 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. r EUTFE COUNTY OF BUTTE COUNTY ENVIRONMENTAL INFORMATION FORM APR 13 2006 (To be completed By Project Applicant) DEVELOPM :NT Date Filed l I (,S 1 SERVICES GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: Lo � c f Ff - lr l p SG��► � ��• 2. Address of project: 11, 6(y T Z &D(10 OA (/( t, C e , Cd 0 Sq 6 J� Assessor's Parcel Number: G 4 ( -110 -0('7 3. Name, address, and telephone number of person to be contacted concerning this project: LOG((S H• 6�(P 1716 ft(yTZ Aeil '7 o/�oU(�c�, Cly 9,7�t6f 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: SCi0i(c 4WiTC a 5 A (TS Hcat ((a rf-6cC, R c r e (fit: A1\71T TG 66 #"Ued Fall - 5. Existing general plan designation: k &7lZic uIy,�L /&mzu U7ji� 6. Existing zoning district: tiit C ' C 7. How is land currently used? P&%l f L'/ 19 W E &G (h( 6- S. 8. Proposed use of site (Project for which this form is filed): (. ( c e(\u co ( q c (C i -T 6t P To (m EWA 01 AES(0611(Tf- Project Description: 9. Site size: Cf, , (f I� C A C f (Acres/Sq. Feet) Off-street parking spaces: Full size: l Compact: Total: (— .Plans attached: Yes ✓ No Proposed development schedule 6 A46114 V 13 A 61( L6' (I PA (G G A M / Y Ce;111 PGL l"I Ir C ITALY Associated projects /V 11A Anticipated incremental or phased development N Z4 ❑ Butte County Department of Development Services ❑ Planning Division ❑ M Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated, occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 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 0 Planning Division 0 W Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification hereby certify that the statements- furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Lt �' Lit �OCr Date Signature K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 Project descriptions A 13 205 For-EVELOPAJ-rNT Liberty Meadows SERVICES A Residential Care Facility for the Elderly This is an application for a Minor Use Permit to build a RCFE for up to 10 residents. This project is located at 2728 Pentz Road, Butte Valley, CA 95965. The building will be 6800 square feet, two stories with grade level access for both floors. There will be five large 375 to 570 square foot units with full private bathrooms for each bedroom. The office with an attached half bath will also function as a bedroom for the overnight staff. The large kitchen and dining area will accommodate up to thirty meals at any one time. The building is to be located on a 4.15 acre parcel with a scenic view of the valley. There is a creek that runs through the property along side the abandoned road to Cherokee that was built around 1900. The parcel and surrounding land is predominantly agriculture primarily used of cattle grazing. Spring Valley Grade School is located across Pentz Road from the building site. The other primary land use in the immediate area is for single family homes. This two story building is being constructed using insulated concrete forms. Appropriate shading, high efficiency windows, and sealed attic construction will result in greatly reduced heating and cooling requirements. The designed HVAC system calls for two 3 ton units to heat and cool the building. Greater energy savings will be provided by the 25,000 watt photovoltaic solar energy system that is to be constructed once the building is completed. This project requires a minor use permit because it is designed to accommodate up to ten residents rather than only six residents. Licensing of the facility is handled through Community Care Licensing and that application process has been started and will be completed before residents can occupy the building. The site has historically been used as a private residence with the occupants also conducting business as a dog kennel. The prior residence, a mobile • home, was destroyed some years ago by fire and has since been a vacant lot. The kennel foundation was removed when CalTrans built the extra turn lane on Highway 70 at the Pentz Road intersection in 2002. Should any further information be required, please don't hesitate to contact me at your convenience. My contact information is shown below. Thank you for your time and attention in considering.my project. Louis Gipson, RN 2736 Pentz Road Butte Valley, CA 95965 530-533-9954 Home/Fax 530-518-0426 Cell 9 �• Count �= LAND OF NATURAL WEALTH AND BEAUTY .10, 'k zz DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH El 202 Mira Loma Drive 411 Main Street 2j/7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 April 7, 2006 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 Louis Gibson FAX: (530) 895•6512 2736 Pentz Rd. Oroville, CA. 95965 RE: Pre -Application for Use Permit -Elder Care Home, 2728 Pentz Rd., AN 041-330-017 Dear Mr. Gibson, This department has completed our pre -application review to determine if it is possible to operate an Elder Care Home for up to 10 patients at the above mentioned location. The following conditions regarding the septic and well will be requirements from our department: 1. Septic: The existing system on site will need to be upgraded to meet the water discharge requirements for the elder care home. An additional 1500 gallon septic tank and 500ft. of leach line will need to be added to the existing system ( Each line being 36 inches wide with 18 inches ofrock under the pipe). 2. Well: Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate Elder Care Facilities. Provided that the application and the proposal presented to the Development Services Department conforms to the packet you submitted to our office and all conditions from our dept can be met we are prepared to approve the Minor Use Permit. You should be aware that other agencies will review this proposal when it is submitted to Development Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Development Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday jarren y;' Jones Environmental Hea Specialist 1 203 J1C' VEYAPK _'NT SERV1rCEa CE OF COUNTY REQUEST FOR LEGAL SERVICES Date Submitted-, 07/13/07 From: DWrffnentlread Signature Contact Person: _StaceyJolliffe Department: DDS -Planning Phone.Number: 7785 Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED _X_Other. Briefly explain the assistance requested: Review legal aspects of the attached a enda reports for July 26, 2007, Planning Commission meeting_ Consent Calendar DET 06-19 (Wilson) Tolley DET 06-0037(Noreen Jones) C. Tolley exhibits need updating DET07-0006 (Hernandez) Tolley DET07-0007(Hernandez) Tolley DET07-0008(Hernandez) Tolley DET07-0004 (Cunningham) C. Thomas Regular Agenda TSM 05-18 (Schuster) S. Jolliffe continued from May 24 TPM 05-24 (Nelson) Durling UP 06-04 (Graber-Maranatha Fellowship) Durling cbR66-a62!W on) M. Michelena 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 _X_ Moderate Low Indicate due date when high priority Comments: Comments should be received no later than July 17 or 18, 2007 to be incorporated into packets for the 7/26 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes X❑ No If Yes, please provide reference no. FOR COUNTY COUNSEL USE ONLY Date Received: Attomey Assigned: Log Out Date: Revised 3/06 or Name of Counsel 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: Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 bed elderly care facility. Lead Agency: Butte County Contact Person: Mark Michelena Mailing Address: 7 County Center Drive Phone: 530-538-7376 City: Oroville Zip: CA County: Butte County — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County: Butte City/Nearest Community: Oroville Cross Streets: State Highway 70 & Pentz Road Zip Code: 95965 Assessor's Parcel No. 021-170-052 Section: 29 Twp. 21 N Within 2 Miles: State Hwy #: 70 Waterways: Dry Creek; Upper Miocene Cam Airports: NA Railways: Union Pacific Schools: Document Type: Total Acres: 1.79 Range: 04E Base: MDBM Sawmill Ravine Stream Spring Valley 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 E]FONSI ----------------------------------------- Local---------------------------------------- Local Action Type: ❑ General Plan Update ❑ General Plan Amendment ❑ General Plan Element ❑ Community Plan Development Type: ❑ Specific Plan ❑ Master Plan ❑ Planned Unit Development ❑ Site Plan ❑ Residential: Units Acres ❑ Office: Sqft. Acres Employees— FX] Commercial: Sgft. 6,500 Acres Employees 2 ❑ Industrial: Sgft. Acres Employees ❑ Educational Type ❑ Recreational ❑ Rezone ❑ Annexation ❑ Prezone ❑ Redevelopment © Use Permit ❑ Coastal Permit ❑ Land Division (Subdivision, etc.) ❑ Other ❑ Water Facilities: Type MGD ❑ Transportation: Type ❑ Mining: Mineral ❑ Power: Type Watts p Waste Treatment: Type ❑ Hazardous Waste: Type ❑ Other: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Funding (approx.): Federal $ None State $ ' None Total $ None — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i Project Issues Discussed in Document: © AestheticNisual © Agricultural Land X❑ Air Quality © Archeological/Historical ❑ Coastal Zone X❑ Drainage/Absorption ❑ Economic/Jobs ❑ Fiscal ❑X Flood Plain/Flooding ❑ Forest Land/Fire Hazard ❑X Geologic/Seismic ❑X Minerals ❑X Noise ❑X Population/Housing Balance © Public Services/Facilities ❑X Recreation/Parks ❑ Schools/Universities X❑ Septic Systems ❑ Sewer Capacity i] Soil Erosion/Compaction/Grading © Solid Waste © Toxic/Hazardous ❑X Traffic/Circulation ❑X Vegetation © Water Quality ❑X Water Supply/Groundwater © Wetland/Riparian © Wildlife ❑ Growth Inducing © Landuse ❑X Cumulative Effects ❑ Other — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use/Zoning/General Plan Designation: Vacant/S-H (Scenic -Highway) & U (Unclassified)/AR (Agricultural Residential) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: The applicant is requesting a use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. January 2004 23 0 Reviewing Agencies Checklist Resources Agency Boating & Waterways Coastal Commission Coastal Conservancy Colorado River Board Conservation Fish & Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics California Highway Patrol CALTRANS District # Department of Transportation Planning (headquarters) Housing & Community Development Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services OLA (Schools) Public Review Period (to be filled in by lead agency) Starting Date June 20, 2007 Signature 'v —/1– ` C.,L'��" Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: �) Applicant: Louis H. Gipson, Jr. Address: 2736 Pentz Road City/State/Zip: Oroville, CA 95965 Phone:5( 30 ) 533-9954 0 Form A, continued KEY 5 = Document sent by lead agency X = Document sent by SCH ✓ = Suggested distribution Environmental Protection Agency Air Resources Board California Waste Management Board SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights Regional WQCB # Youth & Adult Corrections Corrections Independent Commissions& Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other Ending Date July 19, 2007 Date June 14, 2007 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: • 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 June 5, 2007 Louis H. Gipson, Jr. 2736 Pentz Road Oroville, CA 95965 Re: Proposed Mitigated Negative Declaration for the Gipson Use Permit, APN 041- 330-017, File # UP06-0029 Dear Mr. Gipson: Pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), an Initial Study has been prepared to determine if the above -referenced project would have significant adverse effects on the environment. The Initial Study determined that mitigation measures are necessary to prevent the project from causing significant impacts to the environment and a Mitigated Negative Declaration is proposed. Please review the enclosed initial study and recommended mitigation measures, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Section 15070(b)(1) of the California Environmental Quality Act Guidelines requires that the project applicant, or his or her agent, provide a written consent to the proposed mitigation measures prior to release of the proposed Mitigated Negative Declaration and Initial Study for public review. The recommended mitigation measures constitute a revision to the project. If you agree to the mitigation measures, please sign Section 8 of the Initial Study and return to the Planning Division. The Initial Study will be released for public review and the project set for a public hearing by the Planning Commission once we have received the signed Initial Study. If you do not agree to the mitigation measures, please contact this office as soon as possible to discuss possible alternatives. Should you have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538- 7376, or via e-mail at mmichelena@buttecounty.net. Sincerely, WXMarkMic Senior Planner • • Owner BOHRER MICHAEL J BURCH JAMES H & LAURA LYN J GUNN LANA TRUST ETAL JOYNER RAYMOND E & SHIRLEY J LEEN M NELS MCCULLOUGH ROBERT & SARAH MCHARGUE CATHY L NGUYEN HO & CHAY TRUONG SMITH BEULAH A LIVING TRUST SUTTON PHILIP R & DIANA L SUTTON PHILIP R & DIANA L WILLIAMS CYNTHIA A GIPSON LOUIS H JR & KARIN E REVOCABLE TRUST Owner add Citystzip 2912 PENTZ RD OROVILLE CA 95965 2772 PENTZ RD OROVILLE CA 95965 8 CATALINA POINT RD . CHICO CA 95928 30 SMITH HILL LN OROVILLE CA 95965 460 W EAST AVE CHICO CA 95926 74 CANYON HIGHLANDS DR OROVILLE CA 95966 5112 DURHAM PENTZ RD OROVILLE CA 95965 1992 ANAHEIM AVE COSTA MESA CA 92627 81 SMITH HILL LN OROVILLE CA 95965 38 SMITH HILL LN OROVILLE CA 95965 2650 S VILLA AVE PALERMO CA 95968 2776 PENTZ RD OROVILLE CA 95965 2736 PENTZ RD OROVILLE CA 95965 • 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING June 5, 2007 Louis H. Gipson, Jr. 2736 Pentz Road Oroville, CA 95965 Subject: Louis and Karin Gipson — Payment of CDFG CEQA Fees A use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. APN: 041-330-017 Dear Mr. Gipson: This office is pleased that your project will soon be scheduled for hearing before the Butte County Planning Commission. 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 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 Page 1 of 2 0 0 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. 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 me 'at (530) 538-7376 or myself at (530) 538-6573 with any questions. Sincerely,, Mark Michelena Senior Planner Page 2 of 2 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 MEMORANDUM TO: Planner of the Day FROM: Mark Michelena SUBJECT: Conversion of MUP 06-04 to Full Use Permit DATE: November 16, 2006 The applicant, Mr. Louis Gibson, will be coming in to pay the difference to convert a MUP to a full Use Permit. The project file is attached. The amount that he owes is $1,421.00. Please take in the money and inform him that we will mail out a receipt. I discussed this with Pete and we will need to create a Use Permit File number in TraklT. Please have him sign the attached application packet. Please let him know that I will need the 30 copies of the site plan (there are not any in the project file). If he can by 11/22/06, that would be great. Thank you. PROJECT COORDINATION FORM DATE of IDR: May 10, 2006 PLANNER: Mark Michelena PROJ. NAME: Gipson, Louis PROJ. NUMBER: MUP 06-04 TYPE: Completeness of Application APN: 041-330-017 DEPARTMENT PLANNING f �W PUBLIC WORKS COMMENTS READY FOR HEARING? LA ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE KADR Agendas/Project Coordination Form.doc C����c-� ARNOLD-SCHWARZENEGGER GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH August 8, 2007 Mark Michelena Butte County 7 County Center Drive Oroville, CA 95965 STATE CLEARINGHOUSE AND PLANNING UNIT Subject: Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 Bed Elderly Care Facility SCH#: 2007062089 Dear Mark Michelena: of PLA j%, � O T z fiA OF CAL%f CYNTHIA BRYANT DIRECTOR The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on July 18, 2007. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding.the above-named project, please refer to the ten -digit State Clearinghouse number (2007062089) when contacting this office. Sincerely, ._J4� Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency BUTTE ` % COUNTY AUG 14 2007 DEVELOPMENT SERVICES 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 con SACRAMENTO, CA 942360001(916) 653 5791 June 29, 2007 RECEIVED AUG U 8 2007 STATE CLEARING HOUSE Mark Michelena Butte County 7 County Center Drive Oroville, California 95965-3334 d mr 7/I? /a7 Q_.+e E Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 bed elderly care facility State Clearinghouse (SCH) Number: 2007062089 The project corresponding to the subject SCH identification number has come to our attention. The limited project description suggests your project may be an encroachment on the State Adopted Plan of Flood Control. You may refer to the California Code of Regulations, Title 23 and Designated Floodway maps at http://recbd.ca.gov/. Please be advised that your county office also has copies of the Board's designated floodways for your review. If indeed your project encroaches on an adopted food control plan, you will need to obtain -an encroachment permit from the Reclamation Board prior to initiating any activities. The attached Fact Sheet explains the permitting process. Please note that the permitting process may take as much as 45 to 60 days to process. Also note that a condition of the permit requires the securing all of the appropriate additional permits before initiating work. This information is provided so that you may plan accordingly. If after careful evaluation, it is'your assessment that your project is not within the authority of the Reclamation Board, you may disregard this notice. For further information, please contact me at (916) 574-1249. Sincerely, z-�� Christo er Huitt Staff Environmental Scientist Floodway Protection Section cc: Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street, Room 121 Sacramento, CA 95814 ARNOLD SCHWARZENEGGER GOVERNOR July 19, 2007 Mark Michelena Butte County 7 County Center Drive Oroville, CA 95965 BUTTE COUNTY JUL 2 0 2007 -)EVEL0x- vEENT SERVICES Subject: Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 Bed Elderly Care Facility SCH#: 2007062089 Dear Mark Michelena: - . The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review: On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on July 18, 2007, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the. State Clearinghouse immediately. Please refer to the project's ten -digit State. Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states. that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, 44��Zm Terry Roberts Director, State Clearinghouse Enclosures cc: Resources Agency 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov . E OF F 411,* STATE OF CALIFORNIA �k GOVERNOR'S OFFICE PLANNING AND RESEARCH z of STATE CLEARINGHOUSE AND PLANNING UNIT OFCAL1F�Pa CYNTHIA BRYANT DIRECTOR Mark Michelena Butte County 7 County Center Drive Oroville, CA 95965 BUTTE COUNTY JUL 2 0 2007 -)EVEL0x- vEENT SERVICES Subject: Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 Bed Elderly Care Facility SCH#: 2007062089 Dear Mark Michelena: - . The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review: On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on July 18, 2007, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the. State Clearinghouse immediately. Please refer to the project's ten -digit State. Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states. that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, 44��Zm Terry Roberts Director, State Clearinghouse Enclosures cc: Resources Agency 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov . 31 Document Details Report State Clearinghouse Data Bass SCH# 2007062089 Project Title Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 Bed Elderly. Care Facility Lead Agency Butte County Type Neg Negative Declaration Description The applicant is requesting a use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 sq. ft., six bedroom home. Lead Agency Contact Name Mark Michelena Agency Butte County Phone (530) 538-7376 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Oroville Region Cross Streets State Highway 70 and Pentz Road Parcel No. 021-170-052 Township , 21 N Range 4E Section 29 Base MDB&M Proximity to: Highways 70 Airports Railways UPRR Waterways Dry Creek, Upper Miocene Canal, Sawmill Ravine Stream Schools Spring Valley ES Land Use Vacant / S -H (Scenic Highway) and U (Unclassified) / AR (Agricultural Residential Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Cumulative Effects; Drainage/Absorption; Flood Plain/Flooding; Geologic/Seismic; Landuse; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Septic System; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Wildlife Reviewing Caltrans, District 3; California Highway Patrol; Department of Water Resources; Department of Fish Agencies and Game, Region 2; Native American Heritage Commission; Department of Parks and Recreation; Regional Water Quality Control Bd., Region 5 (Redding); Resources Agency; Department of Toxic Substances Control Date Received 06/19/2007 Start of Review 06/19/2007 End of Review 07/18/2007 Note: Blanks in data fields result from insufficient information provided by lead agency. DEPAAT.MENT*0F' 'DISTRICT 3 '703B STREET. T.- O.Boxlll ,MAR-YS,VILL'E.-CA':9'5901.709I:t- Ab .AX :,(530)`741-5.346:. TTY - July 17 P..'Zo-Q-T b-7, 6�0"ti".0:PM 26-47 FacilityCripson>E1der Care Tentative Parcel "Map, rjTM 0,14 Butte ivision, t p er earmr:zMidh,el"k as...f ... qws.:.- dower!, Beene gy.e th C, I -Pew RECEIVED JUL 17 2007 ST, G HOUSE el- STATE CLEARIN comments: x-e-garding., 6upson.- o , !- -6, 0 -C,:,*,o"mmiqt nis-ame.'i. An cto : r.qqd for. i . .y work condicted. in'.fh o- St� ate7s: Right �f"Way:. To secure an:: application; dp"e co, . District q erm, If: ",bi,�h g re W comment"s; please contact Matt in d Local DevelopmentlInter vep mpotoR .ew.,C, ordimit6t,,-.at (53074I-.40.04: y.across Cdlforma"- P.] Mi.�- 'Mark Mwi d h.,ej'-e bhi . or Atffi6i., 141y 17j....'20.07'. m W8 STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Govemor z DEPARTMENT OF TRANSPOATION DISTRICT 3 703 B STREET P. O. BOX 911 MARYSVILLE,CA 95901-0911 Flex your power! PHONE (530) 741-4025 Be energy efficient! FAX (530) 741-5346 TTY (530) 741-4509 July 17, 2007 07BUT0036 03BUT70, PM 26.47 Gipson Elder Care Facility Tentative Parcel Map, TPM07-0014 SCH 2007062089 Mr. Mark Michelena, Senior Planner Butte County Planning Division 7 County Center Dr. Oroville, CA 95965 Dear Mr. Michelena, Thank you for the opportunity to review and'provide comments regarding the Gipson Elder Care facility project. The project proposal seeks the construction of a 10 -bed, 6 bedroom elder care facility with 2 staff members on a 4.14 acre parcel. Our comments' are as follows: Encroachment Permit required: • An Encroachment Permit will be required for any work conducted in 'the State's Right -of -Way. To secure an application, please contact Caltrans District 3 Office of Permits, at 530-741-4403. If you have any questions regarding these comments, please contact Matt Friedman, Local Development/Inter-Governmental Review Coordinator, at (530) 741-4004. Sincerely, SUKHVINDER (SUE) TAKHAR, CHIEF Office of Transportation Planning -North BUTTE COUNT' JUL 2 0 2007 "Caltrans improves mobility across California" DEVELOPMENT SERVICES Mr. Mark Michelena, Senior Planner July 17, 2007 Page 2 Bc: Bruce Capaul, Encroachment Permits Damion Farley, Traffic Operations Susan Zanchi, Office of Transportation Planning -North State* Clearinghouse File (2) MF/ST/mf "Caltrans improves mobility across California " STATE OF CALIFORNIA-- THE RESOURCES AGENCY • ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 SACRAMENTO, CA 942360001 (916) 653-5791 June 29, 2007 Mark Michelena Butte County 7 County Center Drive Oroville, California 95965-3334 Louis H. Gipson, Jr. Use Permit 06-0029 for a 10 bed elderly care facility State Clearinghouse (SCH) Number: 2007062089 y The project corresponding to the subject SCH identification number. has come to our attention. The limited project description suggests your project may be an encroachment on the .State Adopted Plan of Flood Control. You may refer to the California Code of Regulations, Title 23 and Designated Floodway maps at http://recbd.ca.gov/. Please be advised that your county office also has copies of the Board's designated floodways for your review. If indeed your project encroaches on an adopted food control plan, you will need to obtain an encroachment permit from the Reclamation Board prior to initiating any activities. The attached Fact Sheet explains the permitting process. Please note that the permitting process may take as much as 45 to 60 days to process. Also note that a condition of the permit requires the securing all of the appropriate additional permits before initiating work. This information is provided so that you may plan accordingly. If after careful evaluation, it is your assessment that your project is not within the authority of the Reclamation Board, you may disregard this notice. For further information, please contact me at (916) 574-1249. Sincerely, z Christo er Huitt Staff Environmental Scientist Floodway Protection Section cc: Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street, Room 121 Sacramento, CA 95814 Page 1 of 1 , Michelena, Mark From: Phil Sutton [phisut@sbcglobal.net] Sent: Tuesday, June 19, 2007 2:39 PM To: Michelena, Mark Subject: Project UP06-0029 (Gipson) Hello Mark, I own parcels and reside across the street (Hwy 70) from this proposed project. Both my wife and I are 100% in support of Mr. Gipson's plans and believe the project to be an asset to our area of the county. Is there any reason I should appear at the hearing, in support of the project? I own a business in Paradise and taking the time off would generate a loss for my business. Phil Sutton 7/16/2007 r• California Wgional Water Quality Corot Board Central Valley Region Redding Branch Office Linda Adams 415 Knollcrest Drive, Suite 100, Redding, California 96002 Secretary for (530) 224-4845 • Fax (530) 224-4857 Environmental Protection http://www.waterboards.ca.gov/centraIvaIley 31 January 2007 Mark Michelena Butte County Planning Division 7 County Center Drive Oroville, CA 95965 (a Arnold Schwarzenegger Governor COMMENTS ON USE PERMIT (06-0029) FOR THE ELDERLY RESIDENTIAL CARE FACILITY PROJECT, ASSESSORS PARCEL NUMBER 041-330-017, HWY 70, BUTTE COUNTY On 8 January 2007, our office received a Request for Comments Letter from your office regarding the proposed development referenced above. The California Regional Water Quality Control Board, Central Valley Region (Regional Water Board) is a responsible agency for this project, as defined by the California Environmental Quality Act (CEQA). The Request for Comments Letter contained a cover sheet stating that Butte County Department of Development Services has received an application from property owners Louis Jr. and Karin Gipson, proposing a 6,800 square foot, six (6) bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with one to two staff at any given time. The parcel is located on the northeast corner of Highway 70 and Pentz Road, north of Oroville. The following comments are provided to help outline the potential permitting required by the Regional Water Board agency, policy issues concerning the project, and suggestions for mitigation measures. Our present comments focus primarily on discharges regulated under our CWA §401 and storm water programs. Water Board entitlements include: Fill or dredged material discharges Storm water and other wastewater.discharges Clean Water Act (CWA) §401 water quality certification for federal waters; or Waste Discharge Requirements for non- federal waters CWA §402 NPDES permit J The following summarizes project permits that may be required by our agency4 depending upon potential impacts to water quality: COUNTY California Environmental Protection Agency FEB 0 2 2007DEVEL4DPMENT �a Recycled Paper ."' CS Mark Michelena = 2 - _ . • 31 January 2007 Butte County Planning Divi Water Quality Certification (401 Certification) — Permit issued for activities resulting in dredge or fill within.waters of the United States (including wetlands). All projects must be evaluated for the presence of jurisdictional waters, including wetlands and other waters of the state. Destruction of, or impacts to these waters should be avoided. Under the Clean Water Act Section 401 and 404, disturbing these waters requires a U.S. Army Corps of Engineers permit and a State 401 permit. The Section 404 and 401 permits are required for activities involving a discharge (such as fill or dredged material) to waters of the. United States. "Waters" include wetlands, riparian zones, streambeds, rivers, lakes, and oceans. Typical activities include any modifications to these waters, such as stream crossings, stream bank modifications, filling of wetlands, etc. If required, the Section 404 and 401 permits must be obtained prior to site disturbance. The Army Corps of Engineers Butte County contact is Mr. Brian Vierria (916) 557-7728. General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) — Land disturbances on proposed projects of 1 acre or more requires the landowner to obtain coverage under the General Permit. As the land disturbance for the proposed Elderly Residential Care Facility Project may be in excess of 1 acre, the owner of the property. may need to file a Notice of Intent (NOI), along with a vicinity map, a Storm Water Pollution Prevention Plan (SWPPP), and appropriate fees to the State Water Resources Control Board (SWRCB), prior to the commencement of activities on site. The owner may call our office to receive a permit package or download it off the Internet at http://www.waterboards.ca.gov/stormwtr/index.html. If you have any questions or comments regarding this matter please contact me at (530) 224-4784 or by email at szaitzC�waterboards.ca.gov. Scott A. Zaitz, R.E.H.S. Environmental Scientist Storm Water & Water Quality Certification Unit SAZ: cg/reb cc: Mr. Brian Vierria, U.S. Army Corps of Engineers, Sacramento Mr. Louis H. Gipson Jr., Oroville • 0 Page 1 of 1 Michelena, Mark From: Fowler, Steve [Steve. Fowler@fire.ca.gov] Sent: Tuesday, January 30, 2007 3:35 PM To: Michelena, Mark Subject: Gipson, Louis UP06-0029 Mark, I've been working with Mr. Gipson on his project for several years. I will inspect it when I receive a request from Community Care Licensing. His application with me is complete. Steve Fowler Captain/Fire Marshal CAL FIRE Butte Unit/Butte County Fire Department 176 Nelson Ave. Oroville, CA 95965 Office: 530-538-6837-166 Fax: 530-538-2105 "I'm normally not a praying man, but if you're up there, please save me Superman!" --Homer Simpson 1/31/2007 January 4, 2007 Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Use Permit -(Gipson) File: UP 06-0029, APN: 041-330-017 Dear Mr. Michelena: Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, o"r the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist, which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. _ - Sin ely, Donald W. Chambers Land Agent (file: Gipson.doc) JAS 17 2007 DEVELOPMENT SERVICES Pacific Gas and 350 Salem Street Von Chambers Chico, CA 95928 Technical and Land Services & Electric Company 530/896-4257 Chico office FAX 530/896-4254 January 4, 2007 Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Use Permit -(Gipson) File: UP 06-0029, APN: 041-330-017 Dear Mr. Michelena: Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, o"r the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist, which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. _ - Sin ely, Donald W. Chambers Land Agent (file: Gipson.doc) JAS 17 2007 DEVELOPMENT SERVICES 0 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: DATE: AGENT: APN: FILE #: UP06-0029 PLANNER: PROJECT DESCRIPTION: Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS 7, 1� ® I. Prior to establishing use, obtain an encroachment permit and onstruct a standard S -18B road approach with 24' minimum road width in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and!' shall be provided. Right-of-way required for construction of road approach and roadside drainage shall be provided. ❑ 2. Prior to establishing use, deed to Butte County in fee simple I feet of right-of-way from the centerline of I 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 establishing use, submit roadd draina a improvement plans for the installation and construction of the street frontage improveanments onl to I County Improvement Standards. Improve parcel I frontage to a %+ 12' / full street section on I to an RS J 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 establishing use, relinquish abutter's rights of access to Butte County along the Pentz Road frontage of parcel, except at approved access points. B. DRAINAGE ® I. Prior to establishing use, 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 establishing use, 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 ❑ I. 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. Michelena, Mark From: Schroth, Eric Sent: Thursday, January 11, 2007 12:43 PM To: Michelena, Mark Subject: up06-0029 Gipson Attachments: UP06-0029.doc Electronic docs not received. Application is complete. Butte County Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 Phone: (530) 538-7266 FAX: (530) 538-7171 1/11/2007 Page 1 of 1 • Michelena, Mark 0 From: Richard Heiman [richard_helman@dot.ca.gov] Sent: Thursday, January 11, 2007 10:05 AM To: Michelena, Mark Subject: Review of UP 06-0029, Residential Care Facility, Gipson, SR 70, PM 26.47 at Pentz Road Hi Mark: We have reviewed the subject use permit application and site plan from the MUP 06-04 application submitted in April/May of 2006, and have the following comment: An encroachment permit will be required by Caltrans prior to any work conducted in the State's highway right-of-way. For more information, please contact the staff at the Caltrans District 3 Office of Permits at 530-741-4403. Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation 95901 Planning -North, P.O. Box 911, Marysville, CA Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 1 I Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone _ (530) 538-7785 Facsimile ADMINISTRATION '° BUILDING " PLANNING September 15, 2006 Louis Gipson 2736 Pentz Road Oroville, CA 95965-9160 Re: Withdrawal of application MUP 06-04 Dear Mr. Gibson, Please find enclosed the $60.00 check for the NEIC review. I'm still working with the Assistant Director to complete the process of the withdrawn application. Sincerely, Mark Michelena Senior Planner 0 �fp- of3-0q '9 Wrnia State University, Chico Northeast Center- of the BUTTE SIERRA Building 25, Suite 201 California. Historical Resources GLENN SISKIYOU LASSEN SUTTER Chico, California 95929-0377 MODOC TEHAMA Phone (530)898-6256 Information System PLUMAS TRINITY SHASTA Fax (530) 898-4413 . neinfocntr(?csuchico. edu BUTTE -I May 4, 2006 COUNTY MAY 0 9'2006 Butte County Department of Development Services DES RV CESN� Planning Division 7 County Center Drive Oroville, CA 95965 ATTN: Mr. Carl Durling RE: check and agreement form for unknown project Dear Mr. Durling, Our office received a check and agreement form from your office on May 1, 2006. The form does not have a planner name or file number. The required 7.5' USGS topographic map with the project area outlined was also missing. If you or the planner for the project could complete the request and resend it, we will perform the requested archaeological project review. Sincerely, Adrienne Slattery Curator of Records Northeast Information Center 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 COPYOF 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 Proiect Review process and agrees to fund the required Record Search to be provided by NEIC. 'Attached" isf 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. Applicant Signature 45, Applicant PRINTED Name It ('T Check Number Planner, File Number K:IFORMSTLANNING FORMSWPPLICATION FORMSUNIFORM APPLICATION.countercopy.doc 1� - Date K:1Arch Form Final.doc Page 3 of 3 Michelena, Mark From: Richard Helman [richard_helman@dot.ca.gov] Sent: Thursday, May 04, 2006 11:23 AM To: Michelena, Mark Subject: Review of MUP 06-04 (Gipson) Hi Mark: 1 We have reviewed the subject use permit application for a 6 -bedroom residential care facility for up to 10 elderly residents on property located at the northwest corner of SR 70 and Pentz Road, and have the following comment: An encroachment permit will be required prior to conducting any work within the State's highway right-of-way. Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning -North, P.O. Box 911, Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 ,a Pacific Gas and Electric Company' May 1, 2006 350 Salem Street Chico, CA 95928 530/8964257 FAX 530/8964254 Mr. Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Minor Use Permit -(Gipson) File: MUP 06-04, APN: 041-330-017 Dear Mr. Michelena: We have reviewed the subject site map. 41 Don Chambers Technical and Land Services Chico Office BUTTE COUNTY r y ' 3 2006 DEVELOPMENT SERVICES Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist, which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. Sincerely, Donald W. Chambers Land Agent (file: MUP06-04.doc) BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Gipson, Louis DATE: 4/13/2006 AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. FIRE PROTECTION X 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 131), 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 ,D frontage. I� \ 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. X 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 Depltment of Development 41 Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile May 1, 2006 To: Inter -Departmental Review. Committee Subject: Evaluation and Completeness of Application Applicant: Gipson, Louis, MUP 06-04 Planner: APN: 041-330-017 Location: North of the Highway 70 -Peutz Rd. intersection 30 -Day Complete 5/8/2006 Date of IDR 12:00:00 AM 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 12:00:00 AM. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting05/08/06, regarding -completeness of application. What is needed to make the application complete? X 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: mmichelenammichelena@buttecounty.net). Signature:_ Darren Read Department: _ CDF Date: 5/1/06 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 y : � Page 1 of 1 Michelena, Mark From: 'Jones, Darren Sent: Tuesday, May 09, 2006 3:52 PM To: Michelena, Mark Subject: Minor Use Permit, Louis Gibson 06-04 No new mitigation/conditions since original letter sent. Letter required the following for approval of the Use Permit: • Install septic system as specified per the letter. • Well information required per the letter sent. Application Complete Darren Jones Environmental Health Division 5/10/2006 RE: Pre -Application for Use Permit -Elder Care Home, 2728 Pentz Rd., AP# 041-330-017 Dear Mr. Gibson, This department has completed our pre -application review to determine if it is possible to operate an Elder Care Home for up to 10 patients at the above mentioned location. The following conditions regarding the septic and well will be requirements from our department: 1. Septic: The existing system on site will need to be upgraded to meet the water discharge requirements for the elder care home. An additional 1500 gallon septic tank and 500ft. of leach line will need to be added to the existing system ( Each line being 36 inches wide with 18 inches of rock under the pipe). 2. Well: Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate Elder Care Facilities. Provided that the application and the proposal presented to the Development Services Department conforms to the packet you submitted to our office and all conditions from our dept can be met we are prepared to approve the Minor Use Permit. You should be aware that other agencies will review this proposal when it is submitted to - Development Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Development Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday Sincere y, arren Jones Environmental He Specialist utteCoun� LAND OF NATURAL WEALTH AND BEAUTY - ae� DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH ❑ 202 Mira Loma Drive 17411 Main Street F_/17 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 April 7, 2006 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538.7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 Louis Gibson FAX: (530) 895-6512 2736 Pentz Rd. Oroville, CA. 95965 RE: Pre -Application for Use Permit -Elder Care Home, 2728 Pentz Rd., AP# 041-330-017 Dear Mr. Gibson, This department has completed our pre -application review to determine if it is possible to operate an Elder Care Home for up to 10 patients at the above mentioned location. The following conditions regarding the septic and well will be requirements from our department: 1. Septic: The existing system on site will need to be upgraded to meet the water discharge requirements for the elder care home. An additional 1500 gallon septic tank and 500ft. of leach line will need to be added to the existing system ( Each line being 36 inches wide with 18 inches of rock under the pipe). 2. Well: Verification from an approved C-57 well driller of the Gallons Per Minute the well produces, as well as, the potability of the water. Also be aware that there may be further monitoring requirements from other state agencies that regulate Elder Care Facilities. Provided that the application and the proposal presented to the Development Services Department conforms to the packet you submitted to our office and all conditions from our dept can be met we are prepared to approve the Minor Use Permit. You should be aware that other agencies will review this proposal when it is submitted to - Development Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Development Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday Sincere y, arren Jones Environmental He Specialist • BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT Gipson, Louis DATE: 4/13/2006 AGENT: Russell, Gallaway & Associates APN: 041-330-017 FILE #: MUP 06-04 PLANNER: Mark Michelena PROJECT DESCRIPTION: A proposed 6800 sq ft 6 bedroom home to be used as a residential care facility for the elderly. There will be up to 10 elderly residents with 1-2 staff at any given time. Facility to be licensed through Community Care Licensing of California. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® I. Prior to the issuance of building permits obtain encro � hme� itit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits deed Butte C�oyunty, in fee sim - le, _ feet of right-of- way from the centerline of !! AA4 ❑ 3. Prior to the issuance of building permits submit road r drainage, �''improvement plans for the installation and construction of the street frontage improvements on to � � ,� standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for (parcels with gross acreage of one acre o less. ess. Construct or install the required improvements. k a ❑ 4. l rior to the issuance of builnang permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, alongthe Jontage of parcel-, except at approved access points. B. DRAINAGE I l ® 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly` maintained drainage channel or facility and shall provide that there shall be no increase in the peak, ow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on- site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel 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 May 3, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Gipson, Louis, MUP 06-04 Planner: APN: 041-330-017 Location: North of the Highway 70-Pentz Rd. intersection 30 -Day Complete 5/8/2006 Date of IDR 12:00:00 AM 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 12:00:00 AM. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting05/08/06, 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: mmichelenammichelena@buttecounty.net). Signature: E. Schroth Date: 5/3/06 UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Department: Public Works - County of Butte Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARC0, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile April 28, 2006 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Gipson, Louis, MUP 06-04 Planner: APN: 041-330-017 Location: North of the Highway 70 -Peutz Rd. intersection 30 -Day Complete 5/8/2006 Date of IDR 12:00:00 AM 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 12:00:00 AM. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting05/08/06, regarding completeness of application. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures CLCA land on the southwest boundary. The proposed building set back appears to be adequate. but appropriate Ag. Buffer must be annotated on the map Signature: 4Zp6ert C. ffiA Deput ,&, Commissioner Department: Agriculture Date: April 28, 2006 KRIanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 i BVOTE COUNTY RECEIPTW 7 County Center Drive Oroville, CA 75965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Project Number: UP06-0029 Site Address: 2728 PENTZ RD OROVILLE, CA Site Apn: 041-330-017 Applicant: GIPSON, LOUIS H JR & KARIN 255 IDYLLWILD CIR CHICO, CA 95928 Description: Printed: 12/28/2006 9:29 am Fee Description Account Number Fee Amount Use Permit plus EH Fee -EH 001'0-540003-4614901-1010 $203.00 Use Permit plus EH Fee -FR 0100-450001-4617240-1010 $167.00 Use Permit plus EH Fee -LD 0010-440004-4611700-1010 $78.00 Use Permit plus EH Fee -PL 0010-440001-4210900-1010 $973.00 Total Fees Paid: Date Paid: 12/28/2006 Paid By: GIPSON, LOUIS H JR & KARIN Pay Method: Check 1513 Receipt Number: 1`265 Received By: MEM $1,421.00 0 Wednesday, April 19, 2006 -Development Services PLANNING DIVISION ver. 1.0 Counter _ DDS Planning $1,997.00 Person ;Chris (General Fund) Payment Date 4/14/2006 Public Works $87.00 (Land Development) Receipt Number .450013 Received From 'Tri County Economic (Development copr $0.00 Louis H Gipson Jr I Applicant Application Number or In Reference To MUP 06-04 Parcel Number ;041-330-017 Check Number / Cash 1242 I j Total Receive d2,332.50 NOD / NOE (Recording Fee) Total•Fees - - F.- 12,332.50 �w L��� ff4 _ -(6V CO Environmental Health j I $0.00 $0.00 i $0.00 Non Sufficient Funds ($25.00 Fee) CDF (Fire Department) i $180.00 j $36.00 NOD / NOE (Recording Fee) Aunt Minnie I $0.00 $1, 500 or $2,000 Planning Review I EIR $0.00, Fish/Game $0.00 ALUC (Airport Land Use) $0.00 i $0.00 Non Sufficient Funds ($25.00 Fee) 1Cell Tower ($2500.00) $0.00 j Public Sales /Copies $0.00 Ot ' $32.50 i ;a 0 r i SE��OIRPOIRATION 242 NOMIC April 12, 2006 90-4202/1211 EDA RLF . A ate p 4 ' 3120 COHASSET ROAD SUITE 5 CHICO, CA 95973 3 •- _ ^w ^- "" "' . x County of Butte $;� �.._..2,332.,1 50��.,__..._. dTwo Thousand Three Hundred Thirty-two. and 50/100****** W&W 8 Butte..,", Community •' ' -.. z, Bank- +± 2�YENUE • CH0:0. CA %926 ' 1699-7100 psoCH Adv: #j - Minor Use'Permit a2 . 12 114 20 2,5,:0400 3504 191160 24 2h-`.; . W ,.wASHINGTON MUTUAL BANK ii"� '601' EAST AVENUE, SUITE 1490 V CHICO, CA 95926 _ (Mern1(G�l 3 0 6 4 4 3 6 4 9 311 8 !200S Artistic Cham 1-900-22x-7621 www.artlsticahetla.mm E •'- 0216 lady Liberty COUNTY OF BUTTE 4 5 0 013 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT �3 20 - Received from itS /7• �/��� �%� _ The Sum of ZLal l'tfix, t i9r.6D 1� 1.flDf D i� /may $ For Received: - - / Received By— e—" CASH Z�Z Title CHECK-� 121 By DAVCO BUSINESS FORMS • (530) 743.8511 Form Ad7rn S - - Z 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 oayable 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. Applicant Signature Applicant PRINTED Name 14, (It Check Number Planner, File Number KAFORMSTLANNING FORMS\APPLICATION FORMSUNIFORM APPLICATION.countercopy.doc -(1-0� Date K: Arch Form Final.doc Page 3 of 3 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 0 L JUN 15 2011 01 -CANDACE J. GRUBBS, BUTTE CO. CLERK DEPUTY BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP 06-0029 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project Use Permit 06-0029 (Gipson) at a public hearing before the Butte County Planning Commission to be held on July 26, 2007, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Louis H. Gipson, Jr. Project Name: UP06-0029 (Gipson) Planner: Mark Michelena APN: 041-330-017 Zoning: S-H/U Location: On the northeast corner of Highway 70 and Pentz Road, north of Oroville Project Description: A use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting June 20, 2007 through July 19, 2007, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at "-4: www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Mark Michelena, (530) 538-7376 or mmichelena@buttecoun .net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Monday, June 20, 2007. (4 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 U L JUN 15 2001 CANDACE J. GRUBBS, BUTTE CO. CLERK DEPUTY BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP 06-0029 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project Use Permit 06-0029 (Gipson) at a public hearing before the Butte County Planning Commission to be held on July 26, 2007, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville; California. Applicant: Louis H. Gipson, Jr. Project Name: UP06-0029 (Gipson) Planner: Mark Micheleria APN: 041-330-017 Zoning: S-H/U Location: On the northeast corner of Highway 70 and Pentz Road, north of Oroville Project Description: A use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting June 20, 2007 through July 19, 2007, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at 9 www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the ' above application in . court, you may be limited to raising only those issues you or someone else raised at the public hearing described .in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Mark Michelena, (530) 538-7376 or mmichelena@a,buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Monday, June 20, 2007. 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 1JQ L� UN t 5 BUTTE CO. CLERK DEPUTY BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP 06-0029 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project Use Permit 06-0029 (Gipson) at a public hearing before the Butte County Planning Commission to be held on July 26, 2007, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive , .groville, California. Applicant: Louis H. Gipson, Jr. Project Name: UP06-0029 (Gipson) Planner: Mark Michelena APN: 041-330-017 Zoning: S-H/U Location: On the northeast corner of Highway 70 and Pentz Road, north of Oroville Project Description: A use permit to establish an elderly care facility for up to 10 residents with 1 to 2 staff at any given time. The facility is proposed to be a 6,800 square foot, 6 bedroom home. The facility is required to be licensed through community care licensing of California. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application;- and reference documents for this project are on file for public review and comment starting June 20, 2007 through July 19, 2007, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. For information call or send an email to Mark Michelena, (530) 538-7376 or mmichelena@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Monday, June 20, 2007. WAPr • �. ♦ ti t jpr ` M.s►.a.•,. - � '•'rte. aM► • „�� _ - � � � � *� � � ice`. � � i� �► y § 1569.185. License fee; Use of revenue; Failure to pay fee (a) * * * An application fee adjusted by facility and capacity shall be charged by the department for the issuance of * * * a license to operate a residential care facility for the elderly * * *. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license * * *. The * * * fees are for the purpose of financing * * * activities specified in * * * this chapter. * * * Fees shall be assessed as follows: Fee Schedule Initial Capacity Application Annual 1-3 ` $375 $375 4-6 750 375 �-- 7-15. $1,126 $563 16-30 $1,500 $750 31-49 $1,876 938 50-74 $2,252 $1,126 75-100 $2,628. $1,314 101-150 $3,004 $1,502 151-200 $3,502 $1,751 201-250 $4,000 $2,000 251-300 $4,500 $2,250 301-350 $5,000 $2,500 351-400 $5,500 $2,750 401-500 $6,500 $3,250 501-600 $7,500 $3,750 601-700 $8,500 $4,250 701 + $10,000 $5,000 (b)(1) In addition to fees set forth in subdivision (a), the department shall charge the following fees: (A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address. (B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors. (C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility. (D) An orientation fee of fifty dollars ($50) for attendance by any individual at a department -sponsored orientation session. (E) A probation monitoring fee equal to the annual fee, in addition to the annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). 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NOTES AND LEGEND �I r r.nar�.m .mo�we®r�r. an.src aslaw�o ® wunl.mYr.wsa.sYw ® anis tlari.se ssrm � � wrw.ml ro. somnwo n..ellsr. ws Dass®ws�s! ai >ti �ornua — vn•Ymas.almrou®sra® � auwelm.00. ee.wm,i.iw 1180 MYYWI ..M.Wi00.fB0� TILL IRUOM.d0Y. i010•f 00.0011 0.10..NL EI®Op ro M.oif9 O/AO1N1 HICnD.Y tel 011Y..Oi NOTES AND LEGEND �I r SECOND LEVEL OVERALL 1106a�6Y isllfllN®�rOm1110 06w111M1Y1liPl.rn .nun�aor iYa �ovnwr wm w w QI01a OI'�UldlO wYr R.al YllO.alaalla.0 M.A nIO1Yrl61WQ .... w ONE HOUR WALL ASSEMBLY a.iacaeweF»saae��wm� W I �CGoa M rQAa 4 M �.w MM Dw eim . lanae wi Baaaa� Mu a aUup R6 F1O6anIMlEa�� 11R H�rWrl IGS aSaawB aabaraLLOnwiM lO0®In!®SYR afala�Mlti� 1001a®9dl�V aew�savwa W >N iw+wn�oasav®aac rosaamwi glp8 bwarppat anD�pY�G�p Nll1®r��an6~tw� IOM ® aBaa TRiMa).lpa'1wY1 MLL Ot1Bp IUl laf. mt�1 ra a aaw al marieD�! lasai'.IDODEIYLaiRalOQ13L t! Mra1 aaLaale 8 al alnrlt Ial �OaOrBrlmra®fr Q�4 tlnn Mail rilnr�nww�y la/pIALrIrIHITQY �a®!l of fall Nlq N®O�aY. I�AI Wl MIBI M16Y n6 Ot ®R rlI Q19n111 W al iR�1a tl11 0 aYn6E�1paA M9a11M®llltt• w.o+o ae,aa waw ® .m®�.mruw�asEcr.n ® aaoaaairw�wrsam / � aumawwauaicrwims.owo1,aaar ( 1 .a�aao.io mn wo �n�mr�o a 1 >N�oa.ra'raawa aaaama�wa� �— m•�mns.�av wrmo®squaw® AL r,�1W •{rMAYYIOa a®Iaa W A ! .wori..a:�.aon ®wwan�.wia \�' � �oawcw rr oe wormw.®rtmw uaaao.swoma�s aawenrn arraawuawaelromnea�mrra� U e�racu�as awrWaw lamwo aoiaarwaa NOTES AND LEGEND