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Home My WebLink AboutUP 98-25BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - September 22,1998 Applicant: Gary L. Fairbanks File #: . UP 98-25 (APL 99-02) Request: Appeal by Richard Longley regarding the approval of the Planning Commission to allow a dog kennel for, up to 12 adult dogs. G.P.: Low Density Residential Zoning: I A-5 APN: 027-270-025 Location: On the south side of Louis Ave., at 3032 Louis Ave, approximately 1,270 ft. west of Montana Ave., southeast of Palermo Parcel Size: 9.8 acres Zone Date: October 7, 1975 J Supervisorial District: 1 SUMMARY: Find that the personal hobby dog kennel for 12 dogs is a use that is consistent with the General Plan designation of Low Density Residential and the A-5 zone. Recommend that the Board of Supervisors deny the appeal and allow the use subject to the Planning Commission action and conditions. + APPLICABLE REGULATIONS: The appeal is made pursuant to Butte County Code section 24- 45.30 and is a "de novo" hearing. All applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission may be considered by the Board in reaching a decision. PLANNING COMMISSION ACTION: This project came to the Butte County Planning Commission as a request for a Use Permit to allow a dog kennel for up to 24 dogs. On August 13, 1998, the Planning Commission held a public hearing on this request. Two adjacent landowners spoke against the proposed kennel. The landowners cited concerns regarding noise, affect on the groundwater from the dog wastes, the potential for a commercial dog kennel on the project site, loss of property values, and the possibility the dogs would trespass onto adjacent property and harass livestock. At the Planning Commission hearing, the applicant provided additional information on the dog kennel use. The applicant does not intend to keep the dogs in an existing horse stable as was stated in the application. The dogs, which are all personal pets, will be allowed free access between the house and the fenced areas. There will be no boarding or keeping of dogs for commercial purposes. Most of the Planning Commission discussion centered on the number of dogs and the conditions of approval. At the conclusion of the public hearing, the Planning Commission voted 5-0 to approve the Use Permit for a personal hobby dog kennel. The number of dogs allowed was reduced from I ArButte County Department of Development Services ArAgenda Report iPage 1 w 0 . 0 24 to 12 adult dogs. Following the public hearing, an appeal was filed by an adjacent landowner. The Planning Commission agenda report is attached as background information. ANALYSIS: The main focus of this appeal is that the proposed dog kennel will create a nuisance in the project area. The Planning Commission discussed the potential problems that could be caused by the dog kennel, and made some changes to the conditions of approval. The primary change was a reduction from 24 dogs of any age to 12 adult dogs. An unlimited number of puppies no more than four months of age will be allowed (per County Code 24-305.260).. Additionally, the Planning Commission approved this use as a "personal hobby dog kennel' for the owners pets, which will preclude a future owner of the project site from establishing a commercial dog kennel. RECOMMENDATION: Staff recommends the Board of Supervisors deny the appeal and uphold the decision of the Planning Commission, granting Use Permit 98-25 for Gary L. Fairbanks subject to the findings below and conditions as attached in Exhibit "A". Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Board of Supervisors has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Solid waste from the dogs will be picked up on a daily basis. 2. A noise study, funded by the applicant, and anti -bark measures will be required should barking become a nuisance to nearby residents. No additional vehicle traffic will be generated by the proposed kennel. Ar Butte County Department of Development Services ArAgenda Report Ar Page 2 w • • 4. Boarding of dogs will not be allowed. 5. Applicant is required to install and maintain fences that adequately contain the dogs on the property; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve Use Permit #98-25 for Gary L. Fairbanks on APN 027-270-025 to allow a personal hobby dog kennel for up to 12 adult dogs subject to the conditions contained in attached exhibit "A". Exhibit A: Conditions of Approval - Attachments: A: Planning Commission Minutes, 8/13/98 B:.Planning Commission Agenda Report, 7/23/98 C: Initial Study D. Letters to the Planning Commission E. Site Maps K:\PROJECTS\UPC\FAIRBANK.UP\BOS.RPT Ar Butte County Department of Development Services sAgenda Report Ar Page 3 Ar EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec.) UP 98-25 PERMIT NO. 027-270-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary L. Fairbanks is hereby granted a Use Permit in accordance with application filed on May 27, 1997 for a Use Permit for a personal hobby dog kennel for up to 12 adult dogs in an A-5 zone. l 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. 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. Conditions of Approval: 1. The dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. I ArButte County Department of Development Services ArAgenda Report ArPage 4 ir • 0 2. The kennel operation shall not create a maximum noise level in excess of 55 dB at property lines. If noise levels exceed this level for a sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 3. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 4. Boarding of dogs not owned by the residents shall not be permitted. 5. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. Obtain a Kennel Permit, if required, from the Butte County Animal Control Office. 8. Install and maintain fences adequate to contain the dogs on the property. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors Chairman CC: Land Development Division Building Division, Health Department California Department of Forestry Animal Control Ar Butte County Department of Development Services xAgenda Report x Page 5 r �.� - • DECLARATION OF FEES' (California Fish and Game Code Section 711.4) LL NAME AND ADDRESS OF APPLICANT Gary L. Fairbanks OC I ®81999 8424 Coyote Hill Lane Winters, CA 95694 CANPK, GF�U��S: , Lure co. Clerk (530) 795-1915 FILING NO. !3y Deputy CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16668 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Dave Doody Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: October 1 1998 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. • NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 98-25, Use Permit AP Number: 027-270-025 Applicant: Gary L. Fairbanks, 8424 Coyote Hill Lane, Winters, CA 95694 State Clearinghouse Number (If submitted to clearinghouse): - Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: 3032 Louis Ave., Oroville Project Description: Use Permit for a personal hobby dog kennel for up to 12 adult dogs This is to advise that the Butte County Board of Supervisors has approved the above-described project on August 22, 1998, and has made the following determinations regarding the above-described project: 1. The project will, X will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. X _ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures X were, were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville,-CA 95965 P02�)#- Dave Doody Principal Planner j:\linda\noe.nod\nod.frm • 1. The dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. The Kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for s sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 3. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 98-25, 3032 Louis Ave., Oroville Project Description: Use Permit for a personal hobby dog kennel for up to 12 adult dogs Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Enviornmental Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. �V Dave Doody,/ PrincipalPlanner Lead Agency: County of Butte Date: October 1, 1998 j Ahnda\noe.nod\f&g.1et RECEIPT 16668 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING /,' m-f"OA- mm2J.'re • APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 027-270-025 2. DESCRIPTION OF PROJECT: Use Permit for a personal hobby dog kennel for up to 12 adult dogs 3. LOCATION OF PROJECT: 3032 Louis Ave., Oroville 4. NAME AND ADDRESS OF PROJECT APPLICANT: Gary L. Fairbanks, 8424 Coyote Hill Lane,Winters, CA 95694 5. MITIGATION MEASURES: See Attatched 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: -.2L- Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte Count; Board of Supervisors Date of Determination: August 22, 1998 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. -X- We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE ZDECLishereby adopted. Fred C. Davis, Chair Butte CounBoard of Su ervisors Date: S R2 2 19W8 The dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. The Kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for s sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 3. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. Date 10/15./98 development 59.00 Services Depaient Time 12:20 pm 103.25 Applicant Billing Worksheet APL 99-02 * Gary Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 In reference to : APL 99-02 Rounding : None Full Precision : No Last bill / / Last aging Last charge 10/02/98 Last payment / / Amount Date/Slip# Description 08/10/98 Steve B. / P #18326 Processing 08/24/98 Steve B. / P #18536 Processing 09/21/98 Teri B. / C #18999 Clerical $0.00 HOURS/RATE AMOUNT 1.00 59.00 59.00 1.75 103.25 59.00 1.00 34.00 34.00 TOTAL BILLABLE TIME CHARGES 3.75 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 08/14/98 Deposit - Receipt #241759 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period (50.00) 146.25 Page 2 TOTAL $196.25 $0.00 $196.25 ($50.00) TOTAL NEW BALANCE $146.25 • • MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Gary L. Fairbanks, UP 98-25 DATE: September 30, 1998 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 027-270-025, was: Rezone from to zoning district. Granted a variance to A Issued a conditional Use Permit to allow a dog kennel to raise show dogs, 3032 Louis Ave., Oroville,A-5 (Agricultural -5 acres) • OFF'CIAL EC COUNTY OF e EIITE RecelPr 16 6 g 9 STATE OF CALIFORNIA OFFICE OF PLANNING AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: July 27, 1998 REQUEST: Use Permit UP 98-25 for Gary L. Fairbanks on APN 027-270-025: A request for a Use Permit for a dog kennel for up to 24 dogs on a 9.82 -acre parcel. The site is located on the south side of Louis Ave.; at 3032 Louis Ave, approximately 1,270 ft. west of Montana Ave., southeast of Palermo. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and has a General Plan Land use designation of Low Density Residential. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of August 13, 1998 SUMMARY: Staff recommends approval of this application subject to the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to Butte County Code Sections: 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a Use Permit when it finds that the proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the County; and 24-90.C.37 - A-5 Zone which requires that a conditional Use Permit be obtained for kennels. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow a dog kennel for up to 24 dogs on a 9.82 -acre parcel in the Palermo area. The applicant intends to raise Irish Wolfhounds for American Kennel Club events and will not be boarding or training dogs owned by other people. The site has been developed with a single family residence, an enclosed horse stable (shown as the barn on the site plan), two horse riding arenas (one of which is covered), and two small ponds. The remainder of the parcel is open space. Numerous trees are located on the parcel, with many trees along the eastern property line. No agricultural uses have been established on the site. The topography of the site slopes gradually to the southwest. Domestic water for the dwelling unit is ■ Butte County Department of Development Services ■ Planning Division ■ provided by a private on-site well and sewage disposal is handled by an on-site septic system. Access to the dwelling unit on the parcel is off of Louis Ave. The project site is surrounded by parcels ranging in size from 1.06 to 22.4 acres, with the predominant size being in the 5 to 10 acre range. Most of the surrounding parcels have A-5 zoning and a Low Density Residential General Plan land use designation. The two small parcels immediately to the north of the site are zoned R-1. Land uses on the nearby parcels are rural residential and horse grazing. Four of the eight parcels surrounding the project site have been developed with a dwelling unit. The nearest off-site dwelling unit is located approximately 200 ft. to the southeast of the proposed kennel site. PROJECT AND SURROUNDING ZONING, GENERAL PLAN DESIGNATION, AND EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Project: A-5 Low Density Residential Dwelling unit, horse stable Lith: R-1 Low Density Residential Rural residential South: A-5 Low Density Residential Rural residential East: A-5 Low Density Residential Rural residential West: A-5 Low Density Residential Rural residential ANALYSIS: This project is conditionally consistent with the A-5 zoning district and the General Plan Land Use designation of Low Density Residential which notes agricultural uses and animal husbandry uses as secondary uses. There will not be an increase in vehicle traffic caused by this project because the applicant will not board or train dogs that are owned by other people. No special events are proposed that would generate large volumes of vehicle traffic. There are several concerns with this request. These concerns include: sanitation, noise, and land use compatibility with surrounding neighbors. Sanitation. Approval of this project may have a potentially significant impact from runoff to nearby surface waters, and the creation of objectional odors, due to dog feces and other animal wastes. This is an issue that, with proper mitigations, can be adequately addressed through the design and installation of a concrete pad that drains to an approved septic system. A mitigation of this project requires that a septic system dedicated for the kennel use be installed under permit from the Butte County Environmental Health Department. The dogs will normally be kept inside an existing 1,224 sq. ft. enclosed horse stable that will be converted to shelter the dogs. This structure has a floor that is mostly gravel. A mitigation of this project will require that a concrete floor be installed in the kennel (horse stable) and that all solid and liquid wastes generated by the dogs be discharged into the septic system reserved for the kennel use. ■ Butte County Department of Development Services ■ Planning Division ■ 2 Noise. Approval of this project may result in a potentially significant impact from noise. The dogs will be kept in an existing 1,224 sq. ft. enclosed horse stable. According to the applicant, Irish Wolfhounds are not prone to barking, howling, or baying and tend to be very docile and quiet. However, there is the possibility that the dogs could create significant noise. There is also the possibility that other breeds of dogs that tend to bark could be placed on the property. A mitigation of this project will require that the kennel operation not create an average noise level greater than 55dB at property lines. If complaints about excess barking are received by the County, noise mitigation measures may be required that could include sound walls, anti -bark collars, sprinkler systems, or other methods approved by_the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. A condition of this project will require that a noise analysis study be performed should the County receive noise complaints. The applicant will be required to submit a bond, cash deposit, or certificate of deposit for $500.00 to pay for a noise analysis study should the study be required. Land Use Compatibility. The Low Density Residential General Plan land use designation allows for agricultural uses and animal husbandry uses as secondary. uses. The proposed dog kennel conforms to this criteria in that it is clearly an animal use. Land uses on surrounding parcels are rural residential and horse grazing. There are eight surrounding parcels, and five of those parcels have been developed with a dwelling unit. Three of the eight surrounding parcels could be subdivided to the 5 -acre minimum allowed in A-5 zone, which would increase the number of parcels that could be impacted by the proposed kennel. Conditions have been added to this project which will require the applicant to implement noise reduction measures should excess noise from the dogs become a nuisance. These noise reduction measures will reduce the impacts to nearby parcels to a less than significant level. The proposed kennel will not have an impact on other agricultural uses in the project area. The Butte County Fire Department did not have any objections to the project and did not recommend any conditions of approval. The Public Works Department is requesting that encroachment permits for all new or existing driveway approaches be obtained and that all driveway approaches meet County Improvement Standards. The Butte County Environmental Health Department is requesting that a separate septic system be installed to handle the wastes generated by the dogs. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Planning Commission make the findings and take the action listed below to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 for a dog kennel for 24 dogs in an A-5 zone, subject to the conditions in attached Exhibit A. Section 1: Environmental Findings. ■ Butte County Department of Development Services ■ Planning Division ■ A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zorie in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. The dogs will be kept inside an enclosed structure; and 2. All wastes from the dogs will be disposed of in an on-site septic system dedicated for kennel use only; and Anti -bark measures will be required should barking become a nuisance to nearby residents, and 4. No additional vehicle traffic will be generated by the proposed kennel; and Boarding of dogs will not be allowed; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 to, allow a dog kennel for up to 24 dogs in an A-5 zone. Attachments: A: Exhibit "A" Conditions of Approval B: Zoning Map C: Site Plan D. Initial Study K:\PROJECTS\UPC\FAIRBANK.UP\FAIRBANK.RPT ■ Butte County Department of Development Services ■ Planning Division ■ 4 0 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP 98-25 PERMIT NO. 027-270-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary L. Fairbanks is hereby granted a Use Permit in accordance with application filed on May 27, 1997 for a Use Permit for a dog kennel for 24 dogs in an A-5 zone. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted -is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. 5. 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. Conditions of Approval: 1. Prior to issuance of the Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose ■ Butte County Department of Development Services ■ Planning Division ■ 5 of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. Prior to issuance of the Use Permit, a concrete floor that drains into the septic system dedicated for the kennel use shall be installed in the proposed kennel (horse stable). (MM) 3. The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 4. A noise analysis study shall be performed should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 5. Boarding of dogs shall not be permitted. 6. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 7. Install a sewage disposal system for kennel waste under permit and inspection from the Environmental Health Division. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division, Building Division, Health Department California Department of Forestry, Animal Control ■ Butte County Department of Development Services ■ Planning Division ■ on gpreilp 1 �[l�6 COUIZtU LAND OF. NATURAL WEALTH' AND .BEAUTY September 22, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 Re: Use Permit, AP 027-270-025, UP 98-25 Dear Mr. Fairbanks PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held September 21, 1998, your request for a Use Permit to allow a dog kennel to raise show dogs, 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. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Board of Supervisors' approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by registered 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 Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, L4—t,c-W4SIZV� Richardson Planning/Administrative Support Service Assistant /lr kAfonns\approvup. frm • Use Permit: Gary L. Fairbanks, UP # 98-25 d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: The project request, a Use Permit for a dog kennel for up to 24 dogs, does not conflict with the General Plan land use designation or zoning. The Low Density Residential General Plan land use designation allows for agricultural uses and animal husbandry uses as a secondary use. The proposed dog kennel conforms to this criteria in that it is clearly an animal use. The A-5 (Agricultural, 5 -acre min.) zone does allow for dog kennels provided a Use Permit is obtained. The property is zoned for agricultural uses but is not used for agricultural production. The property has been used for horse grazing, and contains two horse arenas (one of which is covered), and a 1, 224 sq. ft. horse stable. Agricultural uses on the property are still possible on the undeveloped sections of the parcel because the proposed kennel will use an existing building and no new construction will occur as a result of this project. Land uses on nearby parcels are rural residential, horse grazing, and some livestock grazing. The request for a dog kennel with this intensity of use may be incompatible with existing land use adjacent to the property. Approval of a dog kennel for up to 24 dogs may result in impacts (noise and sanitation) that would be incompatible with the rural residential character of the neighborhood (See Response for Items #4, 9 & 10). There is a potential for increased parceling on three of the eight surrounding parcels. With future parceling the density of the neighborhood could potentially increase significantly, exposing additional households to the impacts caused by the proposed kennel. The applicant is not proposing to board or train dogs owned by other people. All the dogs on the property will be owned by the applicant. In order to ensure that no dogs are brought onto the property for boarding purposes, a condition of this project will prohibit the boarding of dogs on the site. Mitigation: See Mitigations # 1 & 2 in Item 4 and Mitigations. # 3 & 4 in Item 10. ■ Butte County Department of Development Services ■ Planning Division ■ 4 • Use Permit: Gary L. Fairbanks, UP # 98-25 • Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 2. POPULATION AND HOUSING. Would the proposal: a) `Cumulatively exceed official regional or local population prowections? ✓ 1 b) Induce substantial growth in az area either directly or indirectly (e.g., through projects in an ; undeveloped area or extension of major infrastructure)? ✓ c) Displace existing housing, especially affordable housing? ✓ Response: Approval of the request will not affect population or housing projections. The current zoning does not permit additional land division on the applicant's parcel and on five of the eight adjacent parcels. However, the application is for a use permit, not for a land division. The approval of a use permit for a dog kennel will not have any effect on density or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land? ■ Butte County Department of Development Services ■ Planning Division ■ 5 N Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Expansive soils? h) Unique geologic or physical features? Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. The project site is located in the Foothill Shear Zone (Butte County Constraints Map). Two inferred faults are located near the site; one is approximately 1, 400 ft. to the east, and the other approximately 1, 500 ft. to the west. Any future earthquakes, especially as experienced in this area in 1975, will result in the area residents experiencing some degree of ground shaking. No new residences are proposed by this project. The soil characteristics of the site, Redding sandy gravelly loam, is identified as having moderate erosion potential. The characteristics of the project site, a gradual 6.6% slope, is such that little erosion would likely occur. In addition, no new structures are proposed to be placed on the site. Therefore, no soil erosion is expected to occur due to the proposed kennel. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? ■ Butte County Department of Development Services ■ Planning Division ■ 11 • Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? • Less Than Significant No Impact Impact Response: The project site is not located in a 100 year flood zone as shown on the FEMA Flood Insurance Rate Map for the project area (060017 0480B). No increase in the amount of runoff due to the kennel use is expected because no new structures will be placed on the site. Approval of the request will not have any impacts upon the groundwater. A small, seasonal creek is located in the central southern portion of the project site and two small ponds are also located on the site. Approval of this project may have a potentially significant impact to surface water quality due to dog feces and liquid waste. The proposed kennel, in an existing horse stable, does not have a concrete floor, and wastes from the dogs could flow into on and off-site drainages, resulting in a loss of water quality. To address this potential impact a mitigation measure for a separate septic system to handle dog feces and waste water is necessary. In addition, a mitigation of this project requires that a concrete floor that drains into the dedicated septic system be installed in the kennel structure. No impacts to the groundwater is expected to occur as a result of this project. Additional water will be required for cleaning of the dogs and their kennel, but this additional water usage will be minimal. According to the Butte County Environmental Health Department, groundwater quantities in the project area tend to be low, but should be adequate to support the kennel use. The groundwater will not be effected by the septic system for the dog kennel because the water table in the project area tends to be low. MMGATION # 1: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from ■ Butte County Department of Development Services ■ Planning Division ■ 0 Use Permit: Gary L. Fairbanks, UP # 98-25 • Potentially Significant Less .. .. Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. ` MITIGATION # 2: A concrete floor that drains into the septic systema dedicated for the kennel use shall be installed in the proposed kennel (horse stable). . 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? I ✓ b) Expose sensitive receptors to ' pollutants? c) Alter air movement, moisture, or j temperature, or cause any change in climate? d) Create objectionable odors? ✓ Response: Approval of the request may result in objectionable odors arising from increased dog feces if not properly on a regular basis. Of the eight surrounding parcels, four have a dwelling unit. The nearest off-site dwelling unit is located approximately 150 feet southeast from the site of the proposed kennel and could be exposed to foul odors from the kennel. The mitigation found in Item 4 requires that dog feces be picked up and properly disposed of on daily basis. This action will prevent any significant odors. Mitigation: See Mitigation #1, Item 4. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or ■ Butte County Department of Development Services ■ Planning Division ■ 0 • Use Permit: Crary L. Fairbanks, UP # 98-25 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact dangerous intersections) or incompatible uses (e.g. farm equipment)? ✓ c) Inadequate emergency access or access to nearby uses ✓ d) Insufficient parking capacity onsite/ offsite? S ✓ e) Hazards or barriers for pedestrians or bicyclists? ✓ f) Conflicts with adopted policies i supporting alternative transportation (e.g. bus turnouts, bicycle racks)? 1 ✓ g) Rail, waterborne or air traffic impacts? V h) Substantial impact upon existing transportation systems, including public transportation services? ✓ Response: Approval of the request will not have an impact on vehicle operations in the project area. The dogs will be owned by the applicant, who does not propose to board, train, or keep dogs owned by other people. Therefore, there will not be an increase in vehicle traffic due to the proposed kennel. No special events are proposed by the applicant that could generate large volumes of vehicle traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ■ Butte County Department of Development Services ■ Planning Division ■ s^ • Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? • Less Than Significant No Impact Impact Response: Approval of the request will not have any impact on any plant or animal species on the rare, endangered or threatened species list. Only small mammals and birds are found on the site. Because the dogs will be housed in an existing structure, no vegetation will be removed. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? ✓ c) Conflict with the extraction of identified, significant mineral resources? Response: The proposed dog kennel will use a minimal amount of nonrenewable resources. No significant mineral resources are known to exist on the project site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ■ Butte County Department of Development Services ■ Planning Division ■ 10 • Use Permit: Gary L. Fairbanks, UP # 98-25 release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) J Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Possible interference with an emergency response plan or emergency evacuation plan? _ c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Response: Approval of the request is not expected to expose the public to any health hazards. Assuming the dogs' excrement is collected and disposed of in a regularly scheduled manner, and that all the dogs receive regular rabies shots, any threat of transmission of diseases is reduced (See Response, Item 4 regarding animal waste disposal). Access to the site is a paved public street. Emergency vehicles will have no problem accessing the site. Mitigation: See Mitigation #1, Item 4. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ✓ b) Exposure of people to severe noise levels? ✓ Response: Approval of the request to permit a kennel for up to 24 dogs at this site will incrementally and cumulatively have a significant noise impact on the surrounding area. Four of the eight surrounding parcels have been developed with a dwelling unit. The nearest off-site dwelling unit is located approximately 150 ft. southeast from the proposed kennel. ■ Butte County Department of Development Services ■ Planning Division ■ 11 Use Permit: Crary L. Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The dogs will stay mainly inside the 1, 224 sq. ft horse stable, but will be allowed outside to exercise and train. According to the applicant, Irish Wolfhounds are not prone to barking, howling, or baying and tend to be very docile and quiet. However, there is the possibility that the dogs could create significant noise and become a nuisance to the neighbors. There is also the possibility that other breeds of dogs that tend to bark could be placed on the property. In order to ensure that the kennel use does not create any significant noise impacts, a mitigation of this project will require the applicant to implement noise reduction measures should the average noise level at property lines exceed an average of 550. Measures that could address this impact could include anti -bark collars, installation of a sprinkler system in the kennel that activates when the dogs bark, or installing soundproofing on the walls of the kennel. A condition of this project will require the applicant to have a noise analysis study conducted for the kennel should noise complaints be received by the County. MITIGATION # 3: The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? Response: Approval of the request will not result in the need for new or additional services except in the area of animal control. Approval of the use permit may result in additional ■ Butte County Department of Development Services ■ Planning Division ■ 12 • Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than . Significant No Impact Impact complaints from neighbors which will require additional responses from Butte County Animal Control, particularly if noise mitigations are not followed. Mitigation: See Mitigation in Item #10. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Special Districts? ReWonse: Approval of the request will not result in any need for new service systems. Services are already present onsite. A new septic system will be required to be installed to handle the solid and liquid wastes generated by the kennel use. The new septic system will be required to be installed under permit from the Butte County Environmental Health Department. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? b) Have a demonstrable negative aesthetic effect? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 13 �J Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated c) Create light or glare? • Less Than Significant No Imps Imps Response: Approval of the request will not result in any significant impacts to scenic vistas or to the area's aesthetics. The dogs will be kept inside an existing horse stable so no new structures will be placed on the project site due to the kennel use. ' Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ✓ b) Disturb archaeological resources? ' ✓ c) Affect historical resources? ✓ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ✓ e) Restrict existing religious or sacred uses within the potential impact area? ✓ Response: The project site is located in an area characterized as having a low to moderate, including unknown, archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. No new structures will be placed on the site due to the kennel use so no ground disturbance will occur. Therefore, no impacts to cultural resources are expected to occur. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? ■ Butte County Department of Development Services ■ Planning Division ■ 14 Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Affect existing recreational opportunities? ✓ Response: Approval of the request is not going to result in any additional demands upon recreational facilities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial ■ Butte County Department of Development Services ■ Planning Division ■ 15 Use Permit: Gary L. Fairbanks, UP # 98-25 adverse effects on human being, either directly or indirectly? Response: Approval of the request will not have any significant impacts upon the quality of the environment, in as much as no significant impacts will result on any wildlife populations, either to plant or animal species. No known cultural resources exist onsite. There are no known cumulative impacts which would result from approval of the request. Approval of the request will result in potentially signficant noise impacts to the surrounding neighbors. The addition of 24 dogs may result in an increase in nuisance complaints to Butte County Animal Control. Approval of the request will only compound the noise impacts to the neighborhood Approval of the request may also result in sanitation problems unless a proper septic system, both infrastructure and scheduling, is instituted. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 2. Prior to issuance of the Use Permit, a concrete floor that drains into the septic system dedicated for the kennel use shall be installed in the proposed kennel (horse stable). 3. The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. DATA SHEET A. Project Description 1. Type of Project: Use Permit for a dog kennel for up to 24 dogs. 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road(s): Parcels fronts on Louis Ave. 5. Method of Sewage Disposal: On-site septic tank/leachfield system. 6. Source of Water Supply: On-site well. ■ Butte County Department of Development Services ■ Planning Division ■ W- • Use Pemvt: Gary L. Fairbanks, UP # 98-25 • 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under the current A-5 zoning. B. Environmental Setting 1. Terrain a General Topographic Character: Gradual slope to the southwest with no unique topographical features. b. Slopes: 0 to 6.6 % C. Elevation: 215 to 250 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Redding gravelly sandy loam, adequate drainage. b. Limiting Factors: High potential for expansiveness. 3. Natural Hazards of the Land a. Earthquake Zone: Foothills Shear Zone b. Erosion Potential: Moderate. C. Landslide Potential: None d. Fire Hazard: Extreme. e. Expansive Soil Potential: High 4. Hydrology a. Surface Water: Small seasonal drainage, two ponds. b. Ground Water: Unknown, possibly limited. C. Drainage Characteristics: Parcel generally drains to the southwest. d. Annual Rainfall (normal): 24 inches per year. e. Limiting Factors: Possibly limited groundwater supplies. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Large numbers of non-native trees. 9. Wildlife Habitat: Small mammals and birds common to foothill areas. 10. Archaeological and Historical Resources in the area: Moderate to low, including unknown, sensitivity area. 11. Butte County General Plan designation: Low Density Residential 12. Existing Zoning: A-5 13. Existing Land Use on-site: Single-family dwelling unit, horse riding arenas. 14. Surrounding Area: a. Land Uses: Rural residential, horse grazing, limited livestock grazing. b. Zoning: A-5, R -l. C. Gen. Plan Designation: Low Density Residential & Grazing/Open Lands d. Parcel Sizes: 1.06 to 22 acres, with a predominant size of 5 to 10 acres. 15. Character of Site and Area: Rural residential and open space. 16. Nearest Urban Area: Palermo. ■ Butte County Department of Development Services ■ Planning Division ■ 17 Use Permit: Gary L. Fairbanks, UP # 98-25 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 72 approximately 2.3 miles to the northwest in Palermo. b. Water Availability: Fire tankers, on-site ponds. 20. Schools: Palermo Union and Oroville Union High School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico 1925 /Oroville (1926)Area. United States Department of Agriculture. 16. Soil SgL)Ley of Chico 1925)/Oroville Q926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\UPC\FAIRBANK.UP\FAIRBANK.IS ■ Butte County Department of Development Services ■ Planning Division ■ 18 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability. plant and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site anc 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, historica: 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, re a: yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data acid informaticr required for this initial evaluation W the best of my ability, and that the facts, statements, and information presented are - true and correct to the best of my knowledge and belief. Date Signa r r K:\FORMS\SUBMITTAL\ENV-INFO MAY 2 7 4p!�'O 1 Brex�.71..9s 0 Butte County Department of Development Services ' Planning Division 3 i 11cco11ottvo 1ec:outs�co OFF)C;d� o theJ� BUTT[, CQUMTY• r:a_. t ASdBY i GUTS RECOROS.R AMD WMtM.Atco4toto MAIL To �;r' 0 St. M.w r Ashby i guth , 1 10 56 41 loan !I A,o„y A Professional • Lav Corp CLARK A. I•tISON 1095 Stafford way,SutteE JERK-RECOROEAI �•� L Yuba City, CA 95991 J EES � ' Title Order No Escrow No -----i14191 j •--_..._.. _, .., - - _...:..4PACZ ASOVC THIS,Ukt,fro 1 11LC011O[11•t USa _. l wq nt erww.« w 1Ductunentay trantdet! 4t i'... �......... ........ �r.6Mrt3. Richard Sutherl.an Computed on lull value of property ewT 6233 Lincoln elvd: �`�' wAowi« O Computed on lull value last liens and Oroville, CA 9596.5 1On tAereon at u a! :;:.6 L J ............ n1lyt.n .t t.e1.r..1 M y. M 4.e.wluy y. • a.t■ yam, �1.na�biaua[ Grant 30te a Wtsetaw TrTla room no. 1D" Codo1 Sant to ttmlap 1 mddns a doeumeti FOR VALUE RECEIVED; RICRARD SUTHERLAND and LYNN ANN SUTHERLAND, his —_�— wife, as Joint Teriants „ GRA%T_to RICRARD SUTHERI.WD and. LYNP ANN SUTHERLAND, his wife, as co=unity property all that real property situateintht unincorporated: IIA. YI isY ..�)E.`v.v•� Y� County of Butte . State of Califomia. deknited to fo0ows: Lot 1, in Block 127- of Subdivision No. 3 of the Palermo Citrus Tract according to the Official Map thereof filed in the office - of the Recorder of the County of Butte, State of California, on. January 2, 1.089. Dated_ /: L -j-%` /1$6 R�nn Ird- u er an Zo an STATE OF CALIFORNIA � count' 0t -- 51..Me ""'j"'l"�—? r !aBlJ_ helorT mr, taw „wdn.i„md. t Notary public in And for vin Aute. per.•w nn' aPPe Richard Sutherland t Lynn Ann Sut erland ►tt.mn to me to h the rwrwwL& •hme name a A jP .ulrcrihed to the within tmtntmeet. and &4Arw Y&rJjrd to ler that t�twy— efe'CVted the tame. /011 NOTAIIT SEAL OR STAMP oo ac � . •tV' �_• OFFICIAL SEAL -JOHN L GUTH r4= o . MO1M'Y rYtlltC • CKtrpaMU �. *' �' � • • .= , Sim MUM 11 taw rr *.% rJtt te. In) rw tA. August 14, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 • Re: Use Permit, AP 027-270-025, UP 98-25 Dear Mr. Fairbanks LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Planning Commission held August 13, 1998, your request for a Use Permit to allow a dog kennel to raise show dogs, was approved subject to the conditions enclosed. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, August 24, 1998. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Post -It`" brand tax transmittal memo 76711 # of pages ► /lr Enc. '1 k:\forrn\approvup. frm Conditions of Approval: 1. The dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. The kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for a sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3.. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit; bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 4. Boarding of dogs shall not be permitted. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. Obtain a Kennel Permit, if required, from the Butte County Animal Control Office. 8. Install and maintain fences adequate to contain the dogs on the property. Use Permit: Gary L. Fairbanks, UP # 98-25 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL E%IPACTS I. BACKGROUND: Name of Proponent: Gary L. Fairbanks 2. Address: 8424 Coyote Hill Lane, Winters CA 95694 Phone: (530)795-1915 Name of Proposal, if applicable: 4. Type of Project: Use Permit 5. Project Description and Location of Parcel: This request is for a Use Permit to allow a dog kennel for up to 24 dogs on a 9.82 -acre parcel in the Palermo area. The site is located on the south side of Louis Ave., at 3032 Louis Ave, approximately 1,270 ft. west of Montana Ave. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and has a General Plan Land use designation of Low Density Residential. The dogs will be kept in an existing 1,224 square foot horse stable. The applicant intends to raise Irish Wolfhounds for American Kennel Club events and will not be boarding or training dogs owned by other people. The site has been developed with a single family residence, an enclosed horse stable (shown as a barn on the site plan), two horse riding arenas (one of which is covered), and two ponds. Portions of the site, especially around the house, stable, and covered arena, contain many trees. The remainder of the parcel is open space. The site slopes gently to the southwest with an average slope of 6.6%. One small seasonal drainage is located on the southern portion of the site. Domestic water supply for the dwelling unit is provided by a private on- site well and sewage disposal is handled by an on-site septic system. Access to the dwelling unit on the parcel is off of Louis Ave. The project site is surrounded by parcels ranging in size from 1.06 to 22.4 acres, with the predominant size being in the 5 to 10 acre range. Most of the surrounding parcels have A-5 zoning and a Low Density Residential General Plan land use designation. The two small parcels immediately to the north of the site are zoned R-1. Land uses on surrounding parcels is rural residential, horse grazing, and some livestock grazing. The nearest dwelling unit is located approximately 150 feet southeast of the proposed .kennel. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Number: 027-270-025 7. Date Checklist Submitted: July 23, 1998 ■ Butte County Department of Development Services ■ Planning Division ■ Use Permit: Gary L. Fairbanks, UP # 98-25 U. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Completed by: Stephen Betts, Associate Planner Sanders, Principal Planner Reviewe y: Craig zh �� Date Date M. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ❑ Geophysical Water ❑ Air Quality ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards 0 Noise EVALUATION OF ENVIRONMENTAL IMPACTS: ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation 1) A brief explanation is required for all answers except "No Impact,, answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). ■ Butte County Department of Development Services ■ Planning Division ■ 'ra • Use Permit: Gary L. Fairbanks, UP # 98-25 E Potentially Sicant Potentially U�ess h >il Significant Mitigation Significant No Impact Incorporated Imps Impact 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more 'Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING, Would the proposal: a) Conflict with general plan designation or zoning? ✓ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ✓ c) Be incompatible with existing land use in the vicinity? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 3 r 0 a DEPARTMENT OF DEVELOPMENT SERVICES BUT COUNTY UMFORINI APPLICATION APPLICANT: Agent information to be provided is on other side: APPLICANT S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER L. r2T3 AJ KS D -276 -OZ --tea ADDRESS. C STATE A ZIP CODE: FILE NLFMBER: (FOR OMICF. L'SEi _ - - s NAME OF•PROPOSED PROJECT ( If any) TELEPHONE LOCATION OF PROJECT( Major emu streets and Address. if any ) .� o 3 Z L t9 u 5 !4yc GENERAL INFORMATION REOUIRED OWNER'S NAME RI e tri 4,vt, 1- TELEPHONE 1 (,6;23�-)) 3 !✓n/ .5-3 -L-11,13fiz ADDRESS:- - CITY. STATE dt ZIP CODE: L0 <30 3 Z v -/s 40ec4J,,c ®e -o 1/r7/e C -A 9 9616 ZONE � GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres J A L—DR �I�4e�Z -� E.�STING STRUCTURES (in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) lo.aJ—r (Check One) (Cheek One) . ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER !M PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY 1S OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT ❑ MINOR USE PERMIT ❑ VARIANCE p MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TEv?ATIVE SUBDIVISION MAI' O TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application as for a land division. describe the number and size of parcels.) AN 2 7 1 8208 OWNER CERT7ICATION • - ` � - I CERTIFY THAT I AN PRESEN'iLY THE LEGAL OWNER OR THE AV17HORIUD AGENT OF THE OWN'1:R OF THE ABUYE DENCKWLI) Pkul'Lk I 1 FURTHER I ACK..NOWLEDGE THE FII.AG OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABU% k L`FQK.%IA I IU` IS I M1 :V%I. ACCL?--\TE. (If an agent is to be autaorued. eX=ute an atliJavit or auNauauoo and uiJude the a8"idav,i with tAu apphcatwn DATE: SIGNATURE. X Pas k. cn s tin V C O b VD a a A �p,—a b clv �a tt I� f s V C O b O in ol C' .p a. (� v iku. • �l Z Q O' � �j .d q 0( on u o �b a a A �p,—a b clv �a tt I� f APN: 027-270-025-000 Occupy the home at 3032 Louis Avenue as a single'family residence. I would like to continue to raise, train and show Irish Wolfhounds competitively in AKC events. The existing' 34'x36' horse stable would be reconfigured to enable it to accept 4 Irish Wolfhounds in each of the four existing stalls and paddocks. There would also be four older hounds that because of their age might be kept, in the garage area, closer to the house. The pastures on the property are all fenced and cross fenced. These will be used to exercise and train the dogs., These dogs are not hunters and will not be used as such. These dogs have a very mellow disposition. They are quite large. They are not noisy, prone to barking, howling, or baying. They tend to be very docile and quiet. (commonly referred to as couch potatoes) All of these animals are pets and friends. When they have finished their show careers, they are retired and kept by us None of our dogs are placed in other homes after they have finished their show careers. I also keep one or two Labrador Retrievers as personal pets. Waste from these animals would be disposed of using existing waste pick-up procedures. If required a separate septic system could be added behind the existing stable. The maximum number of dogs ever to be kept on the property could be 24. The usual number would be between four and six. All of the animals would be owned by us. We do not intend to board, train or keep dogs owned by others. 7 08 ori COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner, and/or developer, and/or project sponsor: [=±j&1'+ [ trK 85iZS� Co�vT`t-� 1�i1/ L�/� /�►/TG-�S G/ -,t_ 9S-/d9iz i 2. Address of project: -3o 3 Z o u./_s OR6V141,15 CA Assessor's Parcel Number: OZ %- Z 70 - 3. Name, address, and telephone number of person to be contacted concerning this project: JD=%3J6C�EKS /,10U GoL4_DREDGE 10RW&__ _54airif";3 G ('67301 'T -3v-1323 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: 5. Existing general plan designation: 6. Existing zoning district: 7. How is�and currently used? i�t/a Ie /-'AzM'c des ide,✓c&_ �s 9A� e_d -F, .e use 8. P posed use of site (Project for which this form is filed): Project Description: 9. Site size: Z0 A C2t .S - (Acres/Sq. Feet 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes _✓No _ Icve�12. Proposed development schedule, daus AF -7_67Z 4L::f�� i 1{ �s Reee 13. Associated projects 14. Anticipated incremental or phased development 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 odented,'square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. �oy.J i\Yip• y MAY 2 7 1990 G Butte County Department of Development Services 2 Planning 0twjsjot'4, 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 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 E-3�y v� opt �,,, ,mac oyS . s All r-iozc TA ~J s - Are the following items applicable to the project or its effects? Discuss below all items checker 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 1 (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. _ MAY 2 7 1,8 Ory4 _%.,uFr., 0 Butte County Department of Development Services D Planning Division FA Commissioner Leland said they should make containment of the dogs the responsibility of the applicant. Commissioner Cage said she would recommend approval with the findings and conditions, changing the total number of adult dogs to 12. Mr. Parilo said they should add a condition that the feces shall be collected, from the site, on a daily basis. Disposal of the dog feces shall meet the requirements of the Butte County Health Department. There was a discussion on whether or not a kennel permit was needed. Commissioner Leland said he was concerned with this being called a hobby kennel and it not allowing the sale of the puppies. It was moved by Commissioner Mooney, seconded by Commissioner Leland, and unanimously carried for approval subject to the findings and conditions listed in the Agenda Report dated 7/27/98 for Gary L. Fairbanks, as follows: . 11 Commissioner Mooney explained the noise condition to Mr. Fairbanks. 1 It was moved by Commissioner Leland to amend the motion to change Condition 4 by adding "at the owners expense" after "performed", seconded by Commissioner Mooney, and unanimously carried. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and I C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. Anti -bark measures will be required should barking become a nuisance to nearby residents, and 2. No additional vehicle traffic will be generated by the proposed kennel; and 3. Boarding of dogs will not be allowed; and ® BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 AUGUST 13, 1998 ■ Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 to allow a dog kennel for up to 24 dogs in an A-5 zone. Conditions of Approval: The Dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. The kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for a sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 4. Boarding of dogs shall not be permitted. 5. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. Obtain a Kennel Permit, if required, from the Butte County Animal Control Office. 8. Install and maintain fences adequate to contain the dogs on the property. Mr. Parilo noted that there is a 10 day appeal period. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 13, 1998 0 1 • r � li d Public Hearing - Gary L. Fairbanks - Use Permit - consideration of an. appeal of the Planning Commission's approval..of_,a Use Permit (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned A-5 (Agricultural -5 acre parcels) on property located on the south side of Louis Avenue, at 3032 Louis Avenue, approximately 1,270 feet west of Montana Avenue, identified as APN 027-270- 025, southwest of Palermo - action requested - SUBJECT TO ENVIRONMENTAL FINDINGS (A -C), AND ZONING ORDINANCE. FINDING (A) (STAFF REPORT DATED SEPTEMBER 22, 1998), STAFF RECOMMENDS THE BOARD APPROVE THE USE PERMIT TO ALLOW A PERSONAL HOBBY. DOG KENNEL FOR- UP 'TO- 12 ADULT -'DOGS , SUBJECT TO - THE ,4CONDITIONS CONTAINED IN EXHIBIT "A" OF THE STAFF REPORT DATED SEPTEMBER 22, 1998. (**1065)... •MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS (A -C), AND ZONING ORDINANCE FINDING (A) (STAFF REPORT DATED SEPTEMBER 22, 1998), I MOVE TO ADOPT, A NEGATIVE DECLARATION AND .APPROVE THE USE PERMIT TO ALLOW A PERSONAL HOBBY DOG KENNEL FOR.UP .TO 12 ADULT DOGS SUBJECT TO THE CONDITIONS CONTAINED IN EXHIBIT "A" OF THE STAFF REPORT DATED'SEPTEMBER 22,, 1998._- M, 998._ - MV S s VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) �. BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - SEPTEMBER 22, 1998 Crary L. Fairbanks - proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned A-5 (Agricultural - 5 acre parcels) located on the south side of Louis Avenue, at 3032 Louis Avenue, approximately 1,270 ft. west of Montana Avenue, identified as AP 027-270-025, southeast of Palermo. (SB) (UP 98-25) A video of the site was shown. Mr. Betts gave a brief summary of the project. Mr. Betts submitted pictures from the neighbor. He said the dogs are Mr. Fairbanks' pets. He said the applicant is not planning on confining the dogs to an indoor kennel. He said the applicant is proposing to have two or three outdoor areas where the dogs can run. He said the dogs will have access to the applicant's house. He said some of the outside areas will be pea gravel and some will be grass. He said the dogs are raised for show and for the American Kennel Club. He said the applicant currently has 10 adult dogs. He said when the owners are gone for any length of time, they have a house sitter. He said with the change in the application, Condition 3 is not required. He said concrete floor will need to be deleted from Condition 2. He recommended a condition be added to require a kennel permit from the Butte County Animal Control Department. He said the septic condition should be revised to remove dog feces daily. Chairman Lambert said this is a change from the original request by using more of the parcel. Commissioner Cage said on the map there is a lot of open space. She asked if the dogs will be fenced? Chairman Lambert noted there were several letters received. Commissioner Leland was concerned with who determines when the dog excrement is a problem? Mr. Betts said there is no standard unless obnoxious because of odor and a complaint is made. The hearing was opened to the public. Mr. Fairbanks explained why he has 10 adult dogs and what they are used for. He said they are pets. He said they show the dogs, and sometimes breed one to sell the puppies. He said these are large dogs and they will not be allowed to run free on the entire parcel. He said he will fence additional exercise area. He said the dogs will not be off the property. Commissioner Mooney asked how many anti -bark collars he owned? Mr. Fairbanks said 5. He said the dogs do not have a high pitch bark. Don Johnson said he runs sheep up against this property's fence. He said he would like a good fence between the properties if this is approved, such as a chain link or no climb fence. Richard Longley said he is the closest neighbor. He said he was still not satisfied that this is the proper use of the property. He said there is a strong potential for development in the area. He said the area has historically housed livestock. He said 24 dogs is excessive. He was concerned with waste affecting neighboring groundwater and wells. He was concerned with noise problems. He said anti -bark collars can not be used on puppies. He said this Use Permit, if granted, would go with the property and the use could become more commercial. He was also concerned with the dogs getting out. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 13, 1998 ■ June Longley said this kennel would have a negative effect on property values. She was opposed to the proj ect. Mr. Betts said the project can be mitigated. He said an Initial Study was done and an EIR is not necessary. The hearing was closed. Commissioner Leland said in general he was inclined to approve this permit. He said the feces need to be removed. He said they could condition the permit for the applicant to install a fence in a manner to contain the dogs. Commissioner Cage discussed keeping the dogs a certain number of feet from the property line. She discussed landscaping along the property line. Chairman Lambert said it will be the fencing that will contain the dogs. She asked if the septic was necessary? Commissioner Leland said if the animals are confined in a building, it would be necessary. Mr. Betts said the separate septic was proposed by Environmental Health if the dogs were kept inside a building. Mr. Parilo said if the dogs are not confined this could be deleted. He said they could call this a personal hobby kennel. He said the Commission could word the permit so if it changed to a more commercial use, it would come back to the Commission. He said they could change Page 5 of the Permit to state a personal hobby dog kennel for a maximum number of adult dogs. Commissioner Nelson said he would like to accommodate the applicant, but did not want this to go commercial. He agreed that 24 dogs was excessive. He asked Mr. Fairbanks about the number? Mr. Fairbanks said that they usually keep the puppies for 12 weeks before they are placed. He said wolfhound puppies can look like adult dogs to people. He said sometime it takes longer to place the puppies. Mr. Parilo discussed dealing with keeping the puppies up to 6 months instead of 4 months, as stated in the Code.. Commissioner Mooney asked what the applicant does with the dogs feces? Mr. Fairbanks said where he lives now, they send it to the landfill. Commissioner Mooney suggested adding a condition to satisfy Environmental Health regarding disposal of solid waste. Mr. Fairbanks said his fence will contain the dogs. He said he could not afford to chain link the entire 10 acres. Commissioner Mooney noted that the permit will run with the land. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 13, 1998 ■ USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS SEP 3 0 1998 DATE: (Certified Mail Rec.) UP 98-25 PERMIT NO. 027-270-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary L: Fairbanks is hereby granteda' Use Permit in accordance with application filed on May 27, 1997 for a Use Permit for a personal hobby dog kennel for up to 12 adult dogs in an A-5 zone. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be, completed prior to, or concurrently with, the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any .use for which_a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. 5. 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. Conditions of Approval: 1. The dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a. manner approved by the Butte County Department of Environmental Health. ■ Butte County Department of Development Services ■ Planning Division ■ 2. The kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for a sustained period of time, noise mitigation measures shall.be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 4. Boarding of dogs shall not be permitted. 5. Prior to the issuance of building permits obtain encroachment permit for all new or'existing driveway approaches and construct them to County standards, as . specified in County Improvement Standards. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. , Obtain a Kennel Permit, if required, from the Butte County Animal Control Office. Install and maintain fences adequate to contain the dogs on the property. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor d -it wa' e an other requirements. - r Butte County Board of Supervisors Chairman SEP 2 2 9998 CC: Land Development Division Building Division Health Department California Department of Forestry Animal Control ■ Butte County Department of Development Services ■ Planning Division ■ 2 APPROVED Development Plan - - - DATE USE PERMIT �� VARIANCE.I MAY Z 7 Z,,J MINOR U.P. .ADKPERMI�.rsT2 Pi�ANiNG COM perv1so�S RECTOR OF VELOPMENT SERVICES ZS' �t3X75 N N. CDO.Q (34z4- &C7'(ol G(cOl4 SENDER: �•� o ■Complete items 1 and/or 2 for adiiitional services. m ■Complete items 3, 4a, and 4b. y " ■ Print your name and address on the reverse of this form so that we can return this card to you. j ■Attach this forth to the :ront of the mailpiece, or on the back if space does not 4) permit. a) ■Write'Retum Receipt Requested'on the mailpiece below the article number. ■ The Return Receipt will show to whom the article was delivered and the date delivered. 0 3. Article Addressed to: 4a. Article Ni r d Gary Fairbanks P 084 a c 8424 Coyote Hill Lane 4b.Service I I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. mhnr 635 299 N [linters, CA 95694 ❑ Registered n Certified r Cn W ❑ Express Mail ❑ Insured M ❑ Return Receipt for Merchandise ❑ COD 0 a 7. DateRgelive z UP 98-25 5. Received By: (Print Name) 8. Addressee's Address (Only if requested W and fee is paid) 6. Sigddresse rAge XV it 11;11 i1 1l 111 11 PS Form 5811, December 1994 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF 05MARlIENT SERVICES PLANNING DIVWN County Comer Oda � 0rovik CA 1r;411111 r, t, (lot '11.01 r/r111.f?.IItrf,11" ia.'"*'t11 j:Pll I I It It o, c� K r� September 30, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 is t Coun u t� LAND OF NATURAL WEALTH .AN*D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE:.. (530) 538-7601 FAX: (530) 538-7785 CERTIFIED MAiL Re: Use Permit, AP 027-270-025 Dear Mr. Fairbanks Enclosed is your validated Use Permit No. UP 98-25 to allow a dog kennel to raise show dogs. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. P Q84 635 299 Sincerely, RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAIL Thomas A. Pardo (see Reverse) Director of Development Services lll, 5, Teri Bridenhagen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health In cc Department of Forestry j:\temp\up7 01 c 7 L4 0 LL Sem to Fairbanks Street and N . e -•84A Coyote Hill Lane P.O., Stale and ZIP CoddA 9 5694 Winters Postage" S Certified Fee 0 Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date 10-01-98 i t s , PROJECT SUMMARY SHEET FILE #:.IIP 98-25 PROJECT TYPE: Use Permit APPLICANT: Gary L. Fairbanks ADD ADDRESS: 3032 Louis Ave., Oroville, CA 95966 I REPRESENTATIVE: Bob Beever ADDRESS: 100 Gold Dredge Drive, Oroville, CA 95965 PROJECT DESCRIPTION: Use Permit to allow a dog kennel to raise show dogs PROPERTY ZONED: A-5 LOCATED: 3032 Louis Ave. AP#: 027-270-025 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: Agricultural Residential 1. 2. 3. 4. 5. Application complete: May 27, 1998 Amount: $ 1048.00 Receipt #: 16384 Comments sent to: E.H., LAFCO, DEV. SERV., ASSESS., PW, ACT. COMM., CDF, ANIMAL. CONT Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: 6. Assigned To: 7. Environmental Determination: State Clearinghouse No: -qk Subject to Fish & Game: bib - Categorical Exemption-CEQA# Negative Declaration _ Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes —'No Date Sent to SCH: 10. G Publication Notice Written: � Display Ad Prepared: 11. Notices Mailed: 7- �, ' 9 8 Number of Notices: 12. Newspaper Publication Date: e!fE)C P CT B �' �% 6b M 13. Planning Commission Hearing(s): ! H Action taken: Special Conditions: l Commission Resolution No. 14. Board of Supervisors' Hearing(s): 7- 44- 10.' 1 30 R Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: SEP 3 0 1998 Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: SEP 2 0 1998 SEP 3 0 1998 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: S E P 3 0 1998 1 LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES r Y" ,?__;_';;.,. 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965.3397 ~ " TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 November 12, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 RE: Use Permit, File No. UP 98-25 Dear Mr. Fairbanks: Enclosed is Receipt No. 16777 in the amount of $275.75 for the above -referenced file. As of this date, the account has a zero balance and is closed. Your quick response' is greatly appreciated. Thank you. Sincerely, Thomas A. Parilo Director of Development Services TAP.jb Enclosure j :\docs\refunds\thanks. wpd October 16, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 RE: Use Permit, File No. UP 98-25 ,d3utte, C LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Dear Mr. Fairbanks: The total cost for the processing of the above -referenced application which was approved by the Board of Supervisors on September 22, 1998, is $975.75. The cost exceeded the deposit by $275.75. Below is a breakdown: Deposit on 5-27-98, Receipt No. 16384 $700.00 Professional Planner $575.25 Mapping $ 73.75 Clerical $326.75 Total $975.75 Total Amount Due & Payable $275.75 Please make a check payable to the Butte County Treasurer in the amount of $275.75 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parilo Director of Development Services TAP:jb j:\docs\fefunds\BOSdue.wpd EDate 11/10/98 Development'Services Department Time:12:4`3 pm Applicant Billing Worksheet UP 98-25 * Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 In reference to UP 98-25, AP4027-270-025 Rounding None Full Precision No Last bill / / Last aging Last charge 09/04/98 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 05/18/98 Teri B. / C 1.00 34.00 416894 Clerical 34.00 06/01/98 Steve B. / P 1.00 59.00 #17189 Processing 59.00 06/01/98 Craig S. / P 0.25 14.75 #17257 Processing 59.00 06/15/98 Steve B. / P 2.00 118.00 #17367 Processing 59.00 06/15/98 Teri B. / C 1.00 34.00 #17381 Clerical 34.00 06/15/98 Steve.L. / LR 0.25 14.75 #17440 LAFCo Review 59.00 06/15/98 Larry P. / P 1.25 73.75 #17453 Processing 59.00 06/29/98 Steve L.-/ LR 0.25 14.75 #17666 LAFCo Review 59.00 06/29/98 Lynn R. / C 1.00 45.00 #17695 Clerical 45.00 06/29/98 Craig S. / P 1.00 59.00 #17711 Processing 59.00 07/13/98 Steve B. / P 5.00 295.00 #17859 Processing 59.00 07/27/98 Lynn R. / C 1.00 45.00 #18231 Clerical 45.00 Page 1 TOTAL Date 11/10/98 Development Services Department Time,12:43 pm Applicant Billing Worksheet Page 2 UP 98-25 * :Gary L. Fairbanks (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 08/10/98 Lynn R. / C 2.25 101.25 #18454 Clerical 45.00 08/24/98 Lynn R. / C 1.50 67.510 #18666 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 18.75 $975.75 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $975.75 PAYMENTS/REFUNDS/CREDITS 05/27/98 Deposit - Receipt #16384 (700.00) 11/09/98 Deposit - Receipt #16777 (275.75) TOTAL PAYMENTS/REFUNDS/CREDITS ($975.75) NEW BALANCE TOTAL NEW BALANCE $0.00 MAY — 2 a— 9 8 T H U 14::36 B O B B E E V E R P_ E A L T Y May -28-98 01:23P ♦ 0. DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent inlortnatioo to be mvvided is on other side: P _ 0 1 FSwa3! APPLICANT'S NAME ( If appli"at it 61feecat &am *weer as affidavil is mquived) ASSESSOR'S PARCEL NUMBER Oe ---? G - -DL ADDRESS. STATE do ZIP CODE FILE NLRN$ER: IFOR OFMI. 1,1Et � o �/UiE. �/ L ✓�r/F� /�tit NAME OF PROPOSED PROJECT {Ila*}') I TE��Nal.7�sr LOCATION OF PR OlE ( Myot cmas mwu ao0 Addta % if aoy ) Jo3Z_ 40//6 Ave GENERAL INFORMATION REQUIRED O R'S NAME TELEPHONE IC f1+ 4A) i 6"&)) 5-33 -- ..� ADDRESS: CrrY, STATE A 22 CODE. �3o 3 Z__ `o v is 4ve-,v, 6 co to Vole 5`15701 6 ZONE S GENERAL. PLAN EXJSTINd LAND USE SI'm Stu 10 Sguart Foci w Arra 1 A Dors LIWTVG STRI:CTLRES ( is S"n Feet ) PRCPOSEO MUCTURES t in Square Foti 1 ttlak Ooe) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC jo PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT p MINOR USE PERMIT p VARIANCE D MINOR VARIANCE Q ADMINISTRATIYE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TENTATIVE SUBDIVISION MAY ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL. MAP p BOUNDARY LINE MODIFICA110N ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER p MIINING AND RECLAMATION PLAN ❑ 01 PROTECT DESCRIP'T'ION FULL DESCRIPTION OF PROPOSED PROJECT (An -eh nocaaary sbceu If tb,s APPiianon is for a land division. describe the evtebcr anJ size of parcels.) EE AIM rj OWNER CERTIFICATION 1 CERTpY Tl4AT 1 ANI PP.ESE*TLY 11Z LEGAL O*#^U OR THE AVTMOR12E0 AGENIT OF T}¢ OWtiLX OF f1t! AbUvt 0EICkIEW Pktll'kk I N FLRTHER. l AC6 .NOvLEOGE T11>: Ft1.AG OF THIS APPLICATION AND CERTn' T ALL OF TIM ABU%k L%FUK.%IA I IVS 11 1 kl'h .t, -Ii ACCLAITS. (Van taem ;&u be wtawraed. aaecvM sn ■tL,Nvit of e,aAo.4Auoo s tud s OIIA's , ,ppncupr1 DATE. rl / (? SIGNATURE. i kplt rz- O (i I I Io2�-may®- O's'7 --- II 027.2_ 0(9- ( f 111 I lq_ EL: 027 270 025 000 STATUS: AC SUTHERLAND RICHARD & LYNN ANN CP 3032 LOUIS AVE OROVILLE CA 95966 EL: 027 090 011 000 STATUS: AC JOHNSON LEWIS WALLACE 2950 LOUIS AVE OROVILLE CA 95965 EL: 027 090 014 000 STATUS: AC TANGEMAN FAMILY TRUST TANGEMAN JAMES W & MARIAN F TRUST 6914 COUNTY ROAD 12 ORLAND CA 95963 EL: 027 090 015 000 STATUS: AC JOHNSON DON C REVOCABLE TRUST JOHNSON DON C TRUSTEE 2950 LOUIS AVE OROVILLE CA 95966 EL: 027 090 032 000 STATUS: AC MEDRANO RUBEN & GRACIELA C P 0 BOX 24 PALERMO CA 95968 EL: 027 090 037 000 STATUS: AC RODRIGUES ALBERT JR P 0 FOX 237 PALERMO CA 95968 EL: 027 100 OrOB 000 STATUS: IN JOHNSON LAWRIN & JEANETTE 2965 LOUIS AVE OROVILLE CA 95966 EL: 027 240 052 000 STATUS: AC CONWAY ERNEST SS P 0 FOX 205 PALERMO CA 95968 4 EL: 027 240 064 000 STATUS: AC MOSS JESSICA SARA TRUST MOSS LAWRENCE J TRUSTEE 1888 CENTURY PART; E #811 LOS ANGELES CA 90067' EL : 027 260 014 000 STATUS: AC STONE MICHAEL R & CATHY A 3030 LOUIS AVE OROVILLE CA 95966 EL: 027 260 015 000 STATUS : AC LAND DAVID W & MARJORY M'JT 29717 LOUIS AVENUE OROVILLE CA 95966 EL: 027 260 020 000 STATUS: AC RASCHDOR:F RONALD ETAL '2244 BUCKSKIN LIVERMORE CA 94550 EL: 027 270 038 000 STATUS: AC AKERS HAROLD T & NANCY J 38 MONTANA AVE OROVILLE CA 95966 EL: 027 270 040 000 STATUS: AC LONGLEY RICHARD D ETAL LONGLEY JUNE M 3070 LOUIS AVE OROVILLE CA 95966 EL: 027 270 041 000 STATUS: AC SMITH LLOYD D ETAL 28 MONTANA AVE OROVILLE CA 95966 EL: 027 270 042 000 STATUS m AC MULLER ALVIN & GRETCHEN D 100 ARROWHEAD CT VACAVILLE CA 95687 EL: 021 270 043 000 STATUS: AC BLEDSOE FAMILY TRUST; BLEDSOE JAMES RONALD & PAMELA SUE P 0 BOX 326 DANV I LLE CA 94526 r I A Aug -07-98 04:12P•Harold & Nancy Akers 1 916 534 8866 ' P-01 70 August 05, 1998 Department of Development Services 7 County Center Drive Oroville, California 95965 Attn: Stephen Betts RE: APM 027-270-025-000 We are concerned about the use permit being considered for parcel 027-270-025-000 [3032 Louis Ave.]. If this permit is approved we think there should be some additional requirements considered as Irish Wolfhounds are a very large dog. Our parcel is 027-270-038-000, we raise horses and our pasture is approximately 250 ft. from the stable to be reconfigured to house these dogs. At present we have 6 horses, a registered Peruvian Paso for show and parades, 2 quality registered Paint mares which will foal next spring, a POA mare, a Appaloosa yearling and a 3 month old filly which the dogs are larger than her at present. We raise horses to supplement our retirement income and question the closeness of such a large quanity of large dogs. Along with horses comes the recreation of horseback riding. In Mr Fairbanks application he states that the pastures on the property are all fenced and cross fenced. These fences are all old and made to hold cattle. I would recommend that all perimeter fences be at least 8 ft. chain link or equivalent, for the safety of horseback riders. and the safety of other animals in the area. We have read that Irish Wolfhounds are known to have a mellow disposition all though they are not a dog to be loose. They are the reason there are no wolfs in Ireland . that is how they got there name. What about his liability requirements if these dogs get loose and harm a person or a precious pet or valuable animal. We purchased our property in 1994 for retirement in the end of 1996, our custom house was complete in Jan. 1997. We love this area and would not like to see something like this deter others from selecting this area for there home. We need improvement that is positive for the area. Sincerely , Harold and Nancy Akers Double A Ranch 38 Montana ave. Oroville, CA 95966 027-270-038-000 Phone: 534 8826 Fax: 534 8866 Planning Division ,-wb 1 01998 1 Oroville, Caliiomiet J r July 31, 1998 Department of Development Services. 7 County Center Drive Oroville, California 95965 Attn: Stephen Betts RE: APN: 027-270-025-000 I am concerned about the use permit being considered for the above parcel for a dog kennel for 24 dogs. Our parcel, 027-270-042-000 is down hill from the above parcel and shares the property line. We have a pond and well below this parcel and we are concerned about the waste running into the pond. We are also -concerned about the . noise from dogs barking. Sound carries in this area. I have read the use permit application. Currently it sounds like the people have 8 Wolfhounds and two Labrador Retrievers. They say they want to continue to raise, train and show the Wolfhounds. Does this mean they breed their own dogs? They also say if required a separate septic. system could be added behind the existing stable. Is that going to be so close to the 5 acre parcel above us that when purchased -the ownerscould not have a well put in their designated area for a well? Who is going to police the kennel to make sure the waste is properly disposed of? What are the existing waste pick-up procedures Gary Fairbanks sites in his application? Are these people current residents of Butte County or new residents that a history of how they care for their animals can be checked? How are the dogs around horses? Currently two -parcels that join the above parcel have horses, we will have horses on our parcel in the near future. We are really opposed to having a kennel put in ,this area and your consideration of our concerns will be appreciated. Sincerely, Alvin & Gretchen Muller Pf.annin Divi 100 Arrowhead CT 9� Vacaville, CA 95687 AUG Q'.4 1998 0"27-270-042-000 �9v�8®, ��lifomia This is a photo of Guinness, one of Jocelyn & John Ferguson's hounds. Just to give you a idea of his size, Jocelyn is 173cm (5'8"). Guinness is only 16 months old in this photo. Jocelyn says that he is not only the biggest hound she has seen but also the biggest, goofiest softie. Current Date/Time: 98.07.31 15:11 UTC Last Updated On: 96.12.17 There have been visits to this page since 96.03.27. Author: Mardon J. Erbland, Email: merbland@wwa.cont 0 /995/96 M.J. Erbland ., Irish Wolfhound Hound Group National Breed Club : General Appearance Irish Wolfhound Club of America (M) Of great size and commanding appearance, the Irish Wolfhound is interchangeably, remarkable in combining power and swiftness with keen sight. The Secretary, largest and tallest of the galloping hounds, in general type he is a Mrs. William S. Pfarrer, 8855 U.S. Route 40, rough -coated, Greyhoundlike breed; very muscular, strong though New Carlisle, OH 45344 gracefully built; movements easy and active; head and neck carried high, Grehounds) of the tail carried with an upward sweep with a slight curve towards the Breeder Contact, extremity. The minimum height and weight of dogs should be 32 inches Mrs. William S. Pfarrer, and 120 pounds; of bitches, 30 inches and 105 pounds; these to apply 8855 U.S. Route 40, only to hounds over 18 months of age. Anything below this should be New Carlisle, OH 45344 debarred from competition. Great size, including height at shoulder and (937)845-9135 proportionate length of body, is the desideratum to be aimed at, and it is Wolfhound is the desired to firmly establish a race that shall average from 32 to 34 inches Rescue: Irish Wolfhound Club of in dogs, showing the -requisite power, activity, courage and symmetry. America Head Jean A. Minnier, (609)268-9373, New Jersey Long, the frontal bones of the forehead very slightly raised and very little indentation between the eyes. Skull, not too broad. Muzzle, long and moderately pointed. Ears, small and Greyhoundlike in carnage. Did you know? Neck .• The Irish Wolfhound is the Rather long, very strong and muscular, well arched, without dewlap or tallest of all loose skin about the throat. dogs. ' Chest • Irish Wolfhounds are called, interchangeably, Very deep. Breast, wide. "Irish dogs," 'Big Dogs of Ireland," "Greyhounds Back (or Grehounds) of { Ireland," Rather long than short. Loins arched. "Wolfdogs of Ireland," "Great Tail Hounds of Ireland.." Irish Wolfhound is the Long and slightly curved, of moderate thickness, and well covered with 12 more modern name. • By the year 391 A.D., the breed was known in Rome, when the first authentic mention of it was written by the Roman Consul Quintus Aurelius, who had received seven of them as a gift which "all Rome viewed with wonder." So you want to own an Irish Wolfhound? • The Irish Wolfhound is a remarkable combination of power, swiftness, and keen sight. • The Irish Wolfhound is a large sensitive dog who requires lots of space to accommodate his great size, and an owner who can give him companionship. • Irish Wolfhounds should never be allowed to run loose. For More Information, contact the National Breed Club Listed Above. The IWCA offers an informational packet on the Irish Wolfhound, sent upon request. Belly Well drawn up. Forequarters Shoulders, muscular, giving breadth of chest, set sloping. Elbows well under, neither turned inwards nor outwards. Leg Forearm muscular, and the whole leg strong and quite straight. Hindquarters Muscular thighs and second thigh long and strong as in the Greyhound, and hocks well let down and turning neither in nor out. Feet Moderately large and round, neither turned inwards nor outwards. Toes, well arched and closed. Nails, very strong and curved. Hair Rough and hard on body, legs and head; especially wiry and long over eyes and underjaw. Color and Markings The recognized colors are gray, brindle, red, black, pure white, fawn, or any other color that appears in the Deerhound. FAULTS Too light or heavy a head, too highly arched frontal bone; large ears and hanging flat to the face; short neck; full dewlap; too narrow or too broad a chest; sunken or hollow or quite straight back; bent forelegs; overbent fetlocks; twisted feet; spreading toes; too curly a tail; weak hindquarters and a general want of muscle; too short in body. Lips or nose liver -colored or lacking pigmentation. LIST OF POINTS IN ORDER OF MERIT 1. Typical. The Irish Wolfhound is a rough- coated Greyhoundlike breed, the tallest of the coursing hounds and remarkable in combining power and swiftness. 2. Great size and commanding appearance. 3. Movements easy and active. 4..Head, long and level, carried high. 5. Forelegs, heavily boned, quite straight; elbows well set under. 6. Thighs long and muscular; second thighs, well muscled, stifles nicely bent. 7. Coat, rough and hard, especially wiry and long over eyes and under jaw. 8. Body, long, well -ribbed up, with ribs well sprung, and great breadth across hips. 9. Loins arched, belly well drawn up. 10. Ears, small, with Greyhoundlike carriage. 11. Feet, moderately large and round; toes, close, well arched. 12. Neck, long, well arched and very strong. 13. Chest, very deep, moderately broad. OShoulders, muscular, set sloping. 15. Tail, long and slightly curved. 16. Eyes, dark. Note -The above in no way alters the "Standard of Excellence," which must in all cases be rigidly adhered to; they simply give the various points in order of merit. If in any case they appear at variance with Standard of Excellence, it is the latter which is correct. Approved September 12, 1950 © 1997 American Kennel Club Customer Service Questions? Contact AKC Electronic Media Questions about this site? Contact Webmaster Piannir ivision t JIM 3 0'10 3070 Louis Ave., Oroville, Ca. ®rOVING,Calif0mia July.29, 1998 Butte County Planning Commission 7 County Center Drive Oroville,, Ga. 95965-3397 Dear Members:, ' In refe-rence, to the application. by Gary L. Fairbanks. to allow a dog kennel at: 3032 Bouin Ave,., Oroville., we Richard and June Longley reside at 3070 Louis Ave., next door to the. proposed operation. We have: an approximate five acre parcel of land on which we currently keep Registered Quarter Horses. We, have: worked very hard to maintain. and up -grade our property,, therefore 'we: find the proposal of a dog kennel both offensive and unrealistic for the following reasons.: We question whether proper• sanitation would be used. as; the location of 3032 Louis: Ave., is just; below our, house: and no more than 75 tG, 1100 feet from our -bedrooms, and the barn, arena., etc:. c:les;e to our driveway, so theme -would be concerns about noise, dubt: and health. (s:ee enclosed photos) � Also, the. dogs who. would reportedly occupy the kennel are Irish Wolfhounds, one: of the largest breed of dogs there is.,: and allowing; the dogs to run free: in. the pastures as. Mr. Fairbanks has! intimated, could present a hazard. to neighboring homeowners and their pets,, as; the boundary fences are not high enough to conitain.dogs of this size. Mr. Fairbanks; states: thebarn. could be "reconfigured" to accept four Irish Wolfhounds in each of the four stalls. This is a very small horse barn for that amount of dogs. Does he plan on installing concrete floors, chain link runs, air-conditioning as the summer heat can be stifling in a confined area? Also, a separate septic system should be required. Also, what are his plans for the riding arena close to the barn , whichba.s a roof, 2 - metal siding on one end, and pipe rails on the remaining sides. Does he intend to house more dogs in that area too? The County Planning Commission. has made a negative declaration with mitigation measures recommended regarding environmental impacts so we wonder what restrictions would apply. Then there .is the questa-on of water -all of our domestic., water is supplied by wells and,during the hot weather the level drops considerably and oftentimes,we:have to wait until 11 p.m. in order to water our horses. These dogs would r4quire lots of water for drinking, bathing, and waste disposal and we fear this would further impact our supply. 'There are two ponds on the Sutherland property, but this is irrigation untreated water and probably would not be suitable for the above purposes.. Mr-. Fairbanks states there would be. a. minimum of perhaps six dogs and a maximum of up to 24. would that amount include litters also? Ve question why anyone would have that amount of dogs unless it were a commercial operation. The property at 3032 Louis Ave., has been advertised as an equestrian facility for almost: a year.by Mr. Bob Beever,, and that has been its primary,, use:. It: is a. very attractive facility for this purpose, and most; of the surrounding tracts of land. are used. for slimilar pursuits such as cattle, horse and sheep ranching. There are also some olive orchards in the: area, and some: people just like: the.: rural, setting with view.si of the. Sutter Buttes and other mountains. There is also.a., vacant 5 acre:'pa?eel directly behind. the Sutherland property ethat; a for sale;,, and we feel that property values; would. be severely depreciated. by -the presefice of a dog kennel. Therefore we: urge the Comm sson to give this: matter their utmost: consideration before making a. decision, n' S`sn.cerely, ichard D. Longley une, Iff'. Longley -4 t. NEED'. 0FFlCE`..SPACE? How about 1000 s.f. i 'Mission Squarel Shows very'well,• excellent locatio V. owner is'moUvated: Onl ::: ".::$55 00 GREAT LOCATIONI Large, lovely home on over•1 a One owner home: 3bd/2.75ba with separate quarters for In-laws; teens: etc:'TIIe kit. Is chef friendly. Pool 8 spa:' Shop bldgg., RV parking :......$190,000 CHEER UL &IMI CULATEI>This.isia';goodibuyl .- 3bd/2ba,.fam;•rm,1cenl. heaC& air; lrgg.'tile kit:;.dual ppane :windows; net. gas, sewer,.shop.bldg., close in.. Extreme)y low down::...::..:.......:.:...:..:............$89,500 VAC. IN'CITY1-Sewer, water, gas avail... On (Poothill Blvd:Only::'::.::::::.:..::::....:........:.:.:...........:......$55,000 3 TO 6 AC. PARCELS: Some with valley view sewer, ' water.Ownerfin ah:' Start 2,500 JO AC. ust off.Oro.;Dam. West. ;.Power,avai Views ASTIC:.,PONIr7FrARADISEI=Approil�10 act fenced,:cross fenced; 2 bass ponds,: irr:.water, .6, horse a staltsaecorrals'covered arena;: outdooriareria; tack i room,' grooming area, plus Irg::4bd/3ba:lovely: home w/far rm,tsolanum,'•spa; pool, too,many,features to enumerates Call.for,details: `:%'.,:;':::::'.:`:::::.:::`:$259,500 v 100; GeIdjDredger-Drive-•'SSasJl 23. :�:r' °' Bob Beaver 533-8151 "a =—Mark MAsterman'534-6749.. e.✓b$I••Ff�+-Si4:4'2Ya4°3A,ry"/tom/1t`q�nSBnilli�y tl`ai/S'�o%t�•9F+f/?�`E�/tI'"�I�%f�Yt,i'f�jtr?"+.'1<2KM X GREAT'NEW. LISTING:` 33bd':'immai ."home "with 2 large lots ' nat.;gas;,F/A heat;&g,cool,. detached gar. w/office,shop,'hudwshop;bldg.,for indoor RV & boat parking orowhat have you. Dual glazed windows, FP, new roof; Casablanca, fans,', brick barbecue, lots of deckingg. Shows beautifullyyla:^:;':" : $129,500 ANOTHER .SUPERPNEW,ribLISTINGN,Gorgeous 4bd/3ba, two story4with a'ggreat vlew Only�Zyrs old, 2500 s.f. aitch.'gar.,'in=gmd'pooli.Lots;'of,features,fruit trees, all on E. foo thill,2;acres.'.;� r!� *$198,500 STILL'ANOTHER'NEWLIS•TING 1'3bd/2ba°'FPon vt p :E'.' cul-de-sac, remodeled by 'ow ner;2greal-, Foothills location. Only ...:..:.::::::?.:.46::.......$102,500 E: FOOTHILLS 6.acre•site for mobile,home. Power; owner will install welt AFFORDABLEI `2 s9oryx21561n `good(area on,'Oro ` Quincy Rd:Large'lot, ownertransferred.::.:.:.:.$52,500 OWNER NEEDS TO SELLI 315d/2ba,'attch gar, lots of tile -'formal LR;,wdsty in fam rm, shop bldg. Low, low dowel Owner wants offer) ` ...:...:..:...'.:..............$89,500 BEST, BUY in Carriage Manorl 3bd/2ba, immac. mfg. home; landscaped: owner wants to.move...:::.$55,000 JUST. REDUCEDI Triple ,wide, Levitt mfg (home on Kelly:.Ridge: Large shop-on.quiet cul-de-sac. Wdstv, cathedral ceilings;'decking:..........:...:..............$88,900 PRISIINE'3bd mfo home on.Ledgeuiaw Dr. On golf c arse; shoppT--'-"""'r ~` 85;000 �l OR THE, HORSE SETI -Approx. rox. 10 fncd ac., 2 ponds, 11 corrals; horse stalls, cov d & outdoor arenas,'securittyy �j gate,.lrg lovely.4bd/3ba home w/spa & pool..$259,500 Gold „.100 Dredger. Drive • 534-1323' " '" � �► Bob" Beever;533.8151Y"'�!°, +'+ P'I tAr an'S'4-.6 4 '. 010 Butte County Planning Commission `( County Center Drive Oroville, Ca. 95965-3397 Dear Members: ft -? t" 3070. Louis, Ave. , Oroville, Ca. q 59c0(p July 14, 1998 We have been advised that there will be a public hearing on Thursday, August 13,1998 concerning a Use Permit for Gary L. Fairbanks to allow a dog kennel at 3032 Louis Ave., for 24 dogs. The date for this hearing was published in: the Oroville Mercury -Register as bein, on July 230998. We would like clarification as' to which, -is the "correct. date as we plan to attend the hearing.. Also, concerning mitigation measures regarding environmental impacts that have been recommended, we would like to have a copy of record of these. proposals. Very truly yours,' � 4 L, ,. I�Yhard D. Lori le� GL1 z y June M. Longley] P1annin9 n;v;a J U L 1 61998 Jmvilb% v!!!qomi Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 13, 1998, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM ON WHICH A NFGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAVE BEEN RECOMMENDED 9:00 a.m. - Gary L. Farihanks • Use Permit to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned A-5 (Agricultural - 5 acre parcels) located on the south side of Louis Avenue, at 3032 Louis Avenue, approxmately 1,270 ft. west of Montana Avenue, identified as AP 027-270-025, southest of Palermo. (SB) (UP 98-25) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as maybe continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Thursday, July 9, 1998. WE, the holders of a nearby parcel are definitely against a kennel of 24 dogs on Louis AVenue. A . . , , r r F LAND OF NATURAL WEALTH AND BEAUTY LOCAL AGENCY FORMATION COMMISSION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 August 5, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 Re: Use Permit, AP 027-270-025, UP 98-25 Dear Mr. Fairbanks Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a dog kennel to raise show dogs 3032 Louis Ave., Oroville. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 13, 1998, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, jLZhardson Planning/Administrative Support Service Assistant Enc. cc: Bob Beever j Awpdocs\pcltslscheduIc.mrg � �_,''s�`>;`p•%�� •!';iii - July 28, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 i ite �'ouniy LAND OF NATURAL WEALTH AND. BEAUTY Re: Use Permit, AP 027-270-025, UP 98-25 Dear Mr. Fairbanks PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE; CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow a dog kennel to raise show dogs 3032 Louis Ave., Oroville. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 13, 1998, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County°Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Bob Beever j:\wpdocs\pclts\schedule.mrg _ JON t �Oo 1 N - Yv Q h9 Lf)ooq Q ''o►wn Qwvr b - °7, 1 ". e:osG�C,"'a11. IVP \ - 2�a� ly L4 -D Sbb D D!., 00a)p �Eiutte �ii LAND OF NATURAL WEALTH AND BEAUTY August 25, 1998 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 Re: Use Permit, AP 027-270-025, UP 98-25 Dear Mr. Fairbanks: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 The Clerk of the Board of Supervisors set public hearing for September 22, 1998, at 10:30 a.m., to consider the appeal of the Planning Commission's approval of a Use Permit to allow a dog kennel to raise show dogs on property zoned A-5 located at 3032 Louis Avenue, Oroville. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this office between the hours of 8:00 a.m. through 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant cc: Richard Lonley, 3070 Louis Avenue, Oroville, CA 95966 Planning Division .1111 3 0 1998 OrOVINO CAMOM18 Butte County Planning Uommisssion 7 County Center Drive Oroville:, Ga. 95965-3397 Dear Members: 3070 Louis Ave., Oroville, ua. july.29, 1998 In r.ef'eren:ce: to the: application by Gaga L. Fairbanks to allow a dog kennel at 3032 Louis Ave.,-Oroville., we Richard and dune Longley reside at 3070 Louis Ave., next door to the: proposed operation. We have an approximate five: acre parcel of land on which we currently keep Registered Quarter Horses. We have worked very Lard to maintain. and up -grade our propertyt therefore we find the: proposal of a dog kennel both offensive and unrealistic: for the following reasons: _ We question whether proper sanitation would be used as: .the location of 3032 Louis Ave., is just below our house and no more than 75 to 1:00 feet from our bedrooms, and the barn, arena, etc.. close to our driveway, so there would be concerns about noise, dust and health. (see enclosed photos) Alao, the dogs who would reportedly occupy the kennel are Irish Wolfhounds., one of the largest breed of dogs there is, and allowing, the dogs to run free in the pastures as Mr. Fairbanks has intimated could present a hazard. to neighboring homeowners and their pets, as- the boundary fences are not high enough to contain dogs of this size. Mr. Fairbanks states the barn could be "reconfigured" to accept four Irish Wolfhounds in each of the four stalls. This is a very small horse barn for that amount of dogs. Does he plan on installing concrete floors, chain link runs, air-conditioning as the summer heat can be stifling in a confined areal Also, a separate septic system should be required. Also, what are his plans for the riding arena close to the barn , which has a roof, metal siding on one end, and pipe rails on the remaining sides. Does he intend to house more dogs in that area too? The County Planning Commission has made a negative declaration with mitigation measures recommended regarding environmental impacts; so we wonder what restrictions would apply. Then there is the question of water -all of our domestic water is supplied by wells and during the hot weather the level drops considerably and oftentimes we have to wait until�ll p.m. in order to water our horses.These dogs would r4quire lots of water for drinking, bathing, and waste disposal and we fear this would further impact our supply. There are two ponds on'the Sutherland property, but this is irrigation untreated grater and probably would not be suitable for the above purposes. Mr. Fairbanks states there would be. a. minimum of perhaps six dogs and a maximum of up to 24. Mould that amount include.litters also? Ve question why anyone would have that amount of dogs unless it were a commercial operation. The property at 3032 Louis Ave., has been advertised as an equestrian facility for almost: a year by Mr. Bob Beever, and that has been its primary use. It. is a.very attractive facility for thin purpose, and most. of the surrounding tracts. of land are used for similar pursuits such as. cattle, ]Horse and sheep ranching. There are also some olive orchards: in the area, and some people just like: the rural. setting. with viers of the Sutter Buttes and other m.oun:.t:ai ns . There is also a vacant 5 acre parcel directly behin& the Sutherland property that. is for sale, and we feel than �r operty values: would be severely depreciated by the presence of a dog kennel. Therefore we: urge the Commiss- on. to give this matter their utmostconsideration before making a decision,."• k.,you. Srr�eerely, Richard D. Longley une K. Longley P NEED :OFFICE'.SPACE7 How about 1000 s.f Iq Mission Squarel Shows very well, excellent locatio , owner is motivated: Only...:: . : ::...::.::...$55, GREAT LOCATION[ Large, lovely home on overt a One owner home. 3bd/2.75ba with separate quarters for n -laws ,leen , etpcaTiingkit. is chef friendly. Pool & CHEERFUL bId8 I190000 MMACULATEI.This.is a g$ ood��uyl F 3bd/2ba, fam• rm;: cent. heat' & :air, Irg. tits kit.,. dual Rene windows, net gas, sewer, shop bldg., close in.. Extremely low down..............I..........................$89,500 7 AC: IN CITYI Sewer, water, gas avail. OnFoothill Blvd. Only.::::...............................:....................$55,000 3 TO 6 AC. PARCELS. Some .with valley view sewer, water. Owner tinah. Start at ..:.:.::.:.:.:';:::::..:....:i 2,500 10 AC. just oft Oro Dam West. ,.P.ower.avai . Views alor ASTIC P ARADISEI Approz! 10 ac. fenced,.cross fenced, 2 bass ponds, irr: water, 6.horse stalls', ".corrals,.' covered arena,. outdoor: arena, tack room, grooming area, plus Irg: 4bd/3ba lovely: home w/faro rm,.solanum, spa, pool,. too;many,features to enumerate. Call,fordetails.::::...............::.......$259 s` `T004old Bob Beevor 533-8151 rr :.Mark Mn�tenan 534-6749 ry:i�ur`ztiiti;h.:�1s. �' _,7�7i•vS�djA4�kerfv�'�1rv:411�6•�t'411°'� `s}:Y� I GREAT NEW LISTING: `3bd 'immec. home with 2 large ::lots,°net. gas;:F/A heat&'cool, detached gar. w/office-shop, huge shop bldg. for indoor RV & boat parking or what have you. Dual glazed windows, FP, new roof, Casablanca fans,. brick barbecue, lots of decking. Shows beautifull:::.:::.:..........:...$129,500 ANOTHER SUPER ;NEW'aLISTINGI-Gorgeous 4bd/3ba,two story:with'a- reat,viewwOnly 7 yrs old, 2500 s.t. attch. gac;an-gmd pocik1otssiof. features, fruit trees, all on E. foothill 2 STILL ANOTHER NEW LISTINGI.3bd/2ba; FP, on pvt cul-de-sac, remodeled by.-.owner,great`- E.' Foothills location.Only .....................:.....:.: $102,500 E. FOOTHILLS 6 acre site for mobile home. Power, owner will install well &septic..:...:.:...:..:....:::...$42,500 AFFORDABLEI 2 "story ;2bd in good area on Oro Quincy Rd. large lot; owner transferred :..:.::::$52,500 OWNER NEEDS TO SELLI 3bd/2ba, attch gar, lots of tile, formal LR;.wdsty in tam rm, shop bldg. Low, low downl Owner wants offerl ........ ..........................$89,500 BEST BUY in Carriage Manorl 3bd/2ba, immac. mfg. home, landscaped, owner wants to move ......... $55,000 JUST REDUCEDI Triple .wide, Levitt mfg: home on Kelly Ridge: Large shop on quiet cul-de-sac. Wdstv, cathedral ceilings, decking...................:...........$88,900 IaI TINE home Dr. On olI ,gaine, shop ....:.................................:.:........... OR THE HORSE SETT APprox. 10 fncd ac., 2 ponds, corrals, horse stalls, cov d & outdoor arenas, security gate, Irg lovely 4bd/3ba home w/spa & pool..$259,600 100 bold Dredger Drive • 534,1323 Bob Bower 533.8151 .. W e 7L f� Planning Division AUG 17 AW Oroviue,CelUemi ^�'�'-'-`, cri;,=oft;•a . . 4-6 0a7-270-aas P6" 7Z- 7 LI -42 C 6erl'/ri�l 55i�h. ev L - 0 D Gv� firru v�eS�i�//�rn5 � adl IVP°s�f�hq/, COUNTY OF BUTTE 2 417 5 9 OFFICIAL RECEIPT OFFICE OR DEPARTMENT ISSUING RECEIPT ��.� Received from C,�-!:� l Theum of For `FV,�� Received: �\ Re'ved BY CASH � Title CHECK 13Y BY _ DAVCO BUSINESS FORMS • �v.v� �e•�vc.. more modern name. • By the year 391 A.D., the breed was known in Rome, when the first authentic mention of it was written by the Roman Consul Quintus Aurelius, who had received seven of them as a gift which "all Rome viewed with wonder." So you want to own an Irish Wolfhound? • The Irish Wolfhound is a remarkable combination of power, swiftness, and keen sight. • The Irish Wolfhound is a large sensitive dog who requires lots of space to accommodate his great size, and ' an owner who can give him companionship. • Irish Wolfhounds should never be allowed to run loose. For More Information, contact the National Breed Club Listed Above. The IWCA offers an informational packet on the Irish Wolfhound, sent upon request. Belly Well drawn up. Forequarters Shoulders, muscular, giving breadth of chest, set sloping. Elbows well under, neither turned inwards nor outwards. Leg Forearm muscular, and the whole leg strong and quite straight. Hindquarters Muscular thighs and second thigh long and strong as in the Greyhound, and hocks well let down and turning neither in nor out. Feet Moderately large and round, neither turned inwards nor outwards. Toes, well arched and closed. Nails, very strong and curved. Hair Rough and hard on body, legs and head; especially wiry and long over eyes and undedaw. Color and- Markings The recognized colors are gray, brindle, red, black, pure white, fawn, or any other color that appears in the Deerhound. FAULTS Too light or heavy a head, too highly arched frontal bone; large ears and hanging flat to the face; short neck; full dewlap; too narrow or too broad a chest; sunken or hollow or quite straight back; bent forelegs; overbent fetlocks; twisted feet; spreading toes; too curly a tail; weak hindquarters and a general want of muscle; too short in body. Lips or nose liver -colored or lacking pigmentation. LIST OF POINTS IN ORDER OF MERIT '' 1. Typical. The Irish Wolfhound is a rough- coated Greyhoundlike breed, the tallest of the coursing hounds and remarkable in combining power and swiftness. 2. Great size and commanding appearance. 3. Movements easy and active. 4. Head, long and level, carried high. 5. Forelegs, heavily boned, quite straight; elbows well set under. 6. Thighs long and muscular; second thighs, well muscled, stifles nicely bent. 7. Coat, rough and hard, especially wiry and long over eyes and under jaw. 8. Body, long, well -ribbed up, with ribs well sprung, and great breadth across hips. 9. Loins arched, belly well drawn up. 10. Ears, small, with Greyhoundlike carriage. 11. Feet, moderately large and round; toes, close, well arched. 12. Neck, long, well arched and very strong. 13. Chest, very deep, moderately broad. AD .4. Shoulders, muscular, set sloping. 15. Tail, long and slightly curved. 16. Eyes, dark. Note -The above in no way alters the "Standard of Excellence," which must in all cases be rigidly adhered to; they simply give the various points in order of merit. If in any case they appear at variance with Standard of Excellence, it is the latter which is correct. Approved September 12, 1950 O 1997 American Kennel Club Customer Service Questions? Contact AKC Electronic Media Questions about this site? Contact Webmaster 407 Planning Division .111L 3 U 199 OrNme, CaINOmla Butte County Planning Commission 7 County Oenter Drive Oroville.., Ca. 95965-3397 Dear Members:. 3070 Louis Ave., Oroville, ua. July 29, 1998 In re-ferenee to the. application by Gary L. Fairbanks to allow a dog; kennel at. 3032 Louis Ave., Oroville., we Richard and duke Longley reside at 3070 Zonis Ave.., next door to the. proposed operation. We have: an approxiimatefive acre parcel of land on which we currently keep Registered Quarter Horses. We have worked very hard to maint=ain. and up -grade our property, therefore we find the proposal of a dog kennel both offensive and unrealistic for the following reasons: . . We question whether proper sanitation would be used as: .the location of 3032 Louis Ave., is just below our house and no more than 75 to 1:00 feet; from our bedrooms, and the barn, arena, etc:. close to our driveway, so there would be concerns about. noise, dubt and health. (see enclosed photos) Alao, the dogs who would reportedly occupy the kenne=l are Irish Wolfhounds., one of the largest breed of dogs there is, and allowing the dogs to run free in the pastures as Mr. Fairb=anks has intimated could present a hazard. to neighboring homeowners and their peta:, as; the boundary fences are not high enough to contain.. dogs of this size. Mir. Fairbanks states the barn: could be "reconfigured" to accept four Irish Wolfhounds in each of the four stalls. This is a very small horse barn for that amount of dogs. Does he plan on installing concrete floors, chain link runs, air-conditioning as the summer heat can be stifling in a confined area? Also, a separate septic system should be required. Also, what are his plans for the riding arena close to the barn , which has a roof, ov metal siding on one end, and pipe rails on the remaining sides. Does he intend to house more dogs in that area too? The County Planning Commission.has made a negative declaration with mitigation measures recommended regarding environmental impacts; so we wonder what restrictions would apply. Then there is the question of water -all of our domestic. water is supplied by wells and during the hot weather the level drops considerably and oftentimes we.have to wait until 11 p.m. in order to water our horses. 'These dogs would r4quire lots of water for drinking, bathing, and waste disposal and we fear this would further impact our supply. 'There are two ponds on the Sutherland property, but this is irrigation untreated water and probably would not be suitable for the above purposes. Mr. Fairbanks states there would be. a.minimum of perhaps six dogs and a maximum of up to 24. Would that amount include litters also? Ve question why anyone would have that amount of dogs unless it were a commercial operation. The property at 3032 Louis Ave., has been advertised as an equestrian facility for almost: a year by Mr. Bob Beever,. and that has been its primary. use. It. is a.very attractive facility for this purpose, and most; of the surrounding tracts: of land are: used for similar pursuits such as cattle, }Horse and sheep ranching. There are also some alive orchards; in the area, and some people just ,like: the rural setting with views of the Sutter Buttes and other aoun:t:ains . There is also a vacant 5 acre parcel directly behind the Sutherland property that: is for sale, and we feel that property values: would be. severely depreciated by the presence of a dog kennel. Therefore we urge the Commission to give this matter their utmost. consideration before making a decision, . 91ab +you. Sincerely, LM -- fichard D. Longle une M. Longley a NEED'OFFICE'.SPACE? How about 1000 s.f. i Mission Squarel Shows very well, excellent locatio , owner is motivated: Only.....::' GREAT LOCATIONI Large, lovely home on over'1 a : One owner lame. 3bd/2.75ba with separate quarters for in-laws, teens: etc. Tile kit. Is,chel friendly. Pool & spa. Shopp bldgg., RV ppaarkingg.......................:..$190,000 CHEERFUL & IMMACULATEI;This,is a•good buyl F 3bd/2ba, fam• rm; ' cent. heat' & air,' Irg. the kit: dual pane windows;'nat: gas, sewer,.shop bldg., close In., Extremely low down......:............:........:............$89,500 7 AC. IN CITYI Sewer, water, gas avail. OWPoothill Blvd. Only ::::::............ ........... ................$65.000 3 TO 6 AC. PARCELS. Some.with valley view sewer, water. Owner finah: Start at ;Ji2,500 10 AC. lust off.Oro.Dam West.,.P•ower.av i. Views alor :............. ............ 9,600. ASTIC .P6N ARADISEI Approzl 10 ac. fenced,.cross fenced, 2 bass ponds, irr. water, .6. horse stalls; -corrals,; covered arena,. outdoor. -arena, tack room, grooming area, plus Irg: 4bdl3ba:lovely•home w/lam rm;.solanum, spa; pool,• to.any'features to enumerate. Call,lor,details...................... ..:.....:.$259, "T000oki-fhedger9riv Bob Beaver 533-8151 Mark Wisterman 534-6749 s.'�.v^• K11 �.�.In ��t� L. , �q'� •'gyq,,��.��'��t a+i.��w.J Y •p!Yr�?a'i1)Li�.'' pv..agiCWi�R: eT/.�'YY �'yV+'S'.!Ib:•. i p BOB B�EEYERUj GREAT. 'NEW LISTING `3bd,".immac.'home"with'2 large; lots,"nat.'gas;':F/A*heat'&:cool, detached gar. w/office-shop;'huge shop bldg., for indoor RV &boat parking or what have you. Dual glazed windows, FP, new roof, Casablanca fans,: brick barbecue, lots of decking. Shows beauGfullyyl ::::; .:::: ............. :... $129,500 ANOTHER . SUPER `'',NEW4LISTINGI ,Gorgeous 4bd/3ba, two story.; with'a:'great;view40nlys7:yrs old, 2500 s.f. attch. gar.,'In-gmd pool::.Lots-ofJ.features, fruit trees, all on E. foothill'2 STILL ANOTHER NEW LISTINGI;3bd/2ba, FP,.on pvt cul-de-sac, remodeled by4ownerfgreat'•E Foothills location. Only ...:...............::......:.....,:.............$102,500 '. E. FOOTHILLS 6 acre site for mobile home. Power; owner will install well & septic. ::....:....:..:.:..:::...$42,500 AFFOyRDABLEI 2•:story,2bd:in'good,area on, Oro QuinOWNER NEEDS TO SELLI 3bd/2baeattch gar, 5ots of tile, formal LR, wdsty In lam rm, shop bldg. Low, tow downl Owner wants offerl.....:.......:..::.......:......$89,500 BEST BUY in Carriage Manorl 3bd/2ba, Immac. mfg. home, landscaped; owner wants to move..* ....... $55,000 JUST REDUCEDI Triple .wide, Levitt mfg.`home on Kelly Ridge: Large shop on quiet cul-de-sac. Wdstv, cathedral ceilings,' decking ...............:......:....:...$88,900 PR home Dr. On olf e, shop..'...,: ................................................ OR THE HORSE SETT Approx. 10 fncd ac., 2 ponds, corrals, horse stalls, cov d & outdoor arenas, security gate, Irg lovely 4bd/3ba home w/spa & pool.. $259,500 OO,G91d Dredger Drive • 5341323 .' i .' .Bob Besver,533-8151' t, >X 3D� 0 3070 Louise Ave., Oroville, Ca. q V(q(e July 149 1998 Butte, Oounty Planning Commission L County Center Drive Oroville, Ca. 95965-3397 Dear ' 14enliers : We have been advised that there will be a pub.lie hearing on Thursday, August. 13,1998, concerning a. Use Permit for Gary L.. Fairbanks: to allow a dqg kennel at 3032 Louis Ave., for 24 dogs. The date for this hearing waspublished in the Oroville Mercury -Register as being on July 23.,1998. WL - would Pike clarification as to which is the correct data as, we plan to attend the hearing. Also, concerning. mitigation zLeasuree aegardimg environmental impacts that. have been recommended, we would. like to have a eapy of record of these: proposals. Very truly yours, L hard. D. 10 y�e Mo Longl ey Planning DI!v,:dOn J U L 16 1998 �Or, ill^, I ATTACHMENT E � � 4 a • AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services, Planning Division DATE: July 27, 1998 ATTACHMENT B REQUEST: Use Permit UP 98-25 for Gary L. Fairbanks on APN 027-270-025: A request for a Use Permit for a dog kennel for up to 24 dogs on a 9.82 -acre parcel. The site is located on the south side of Louis Ave., at 3032 Louis Ave, approximately 1,270 ft. west of Montana Ave., southeast of Palermo. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and has a General Plan Land use designation of Low Density. Residential. This project is located in Supervisorial District 1. { RELATED ITEMS: None FOR: Planning Commission Meeting of August 13, 1998 SUMMARY: Staff recommends approval of this application subject to'the findings and conditions contained herein. APPLICABLE BUTTE COUNTY REGULATIONS: This Use Permit application is submitted pursuant to -Butte County Code Sections: 24-45 (Use Permits) which requires that an application be submitted and a public hearing be held by the Planning Commission. The Commission may grant a Use Permit when it finds that the proposed use of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health or general welfare of the persons residing or working in the neighborhood, or to the general health, safety and welfare of the residents of the County; and 24-90.C.37 - A-5 Zone which requires that a conditional Use Permit be obtained for kennels. PROJECT CHARACTERISTICS: This request is for a Use Permit to allow a dog kennel for up to 24 dogs on a 9.82 -acre parcel in the Palermo area. The applicant intends to raise Irish Wolfhounds for American Kennel Club events and will not be boarding or training dogs owned by other people. The site has been developed with a single family residence, an enclosed horse stable (shown as the barn on the site plan), two horse riding arenas (one of which is covered), and two small ponds. The remainder of the parcel is open space. Numerous trees are located on the parcel, with many trees along the eastern property line. No agricultural uses have been established on the site. The topography of the site slopes gradually to the southwest. Domestic water for the dwelling unit is ■ Butte County Department of Development Services ■ Planning Division ■ provided by a private on-site well and sewage disposal is handled by an on-site septic system. Access to the dwelling unit on the parcel is off of Louis Ave. The project site is surrounded by parcels ranging in size from 1.06 to 22.4 acres, with the predominant size being in the 5 to 10 acre range. Most of the surrounding parcels have A-5 zoning and a Low Density Residential General Plan land use designation. The two small parcels immediately to the north of the site are zoned R-1. Land uses on the nearby parcels are rural residential and horse grazing. Four of the eight parcels surrounding the project site have been developed with a dwelling unit. The nearest off-site dwelling unit is located approximately 200 ft. to the southeast of the proposed kennel site. PROTECT AND SURROUNDING .ONINT, GENERAL PLAN DESIGNATION, AND EXISTING LAND USE: Described below are the project and surrounding zoning, general plan land use designation and the existing land uses. Project: A-5 Low Density Residential ° Dwelling unit, horse stable Northe R-1 Low Density Residential Rural residential South: A-5 Low Density Residential Rural residential Fit: A-5 Low Density Residential Rural residential West: A-5 Low Density Residential Rural residential ANALYSIS: This project is conditionally consistent with the A-5 zoning district and the GeneraL.. Plan Land Use designation of Low Density Residential which notes agricultural uses and animal husbandry uses as secondary uses. There will not be an increase in vehicle traffic caused by this project because the applicant will not board or train dogs that are owned by other people. No special events are proposed that would generate large volumes of vehicle traffic. There are several concerns with this request. These concerns include: sanitation, noise, and land use compatibility with surrounding neighbors. Sanitation. Approval of this project may have a potentially significant impact from runoff to nearby surface waters, and the creation of objectional odors, due to dog feces and other animal wastes. This is an issue that, with proper mitigations, can be adequately addressed through the design and installation of a concrete pad that drains to an approved septic system. A mitigation of this project requires that a septic system dedicated for the kennel use be installed under permit from the Butte County Environmental Health Department. The dogs will normally be kept inside an existing 1,224 sq. ft. enclosed horse stable that will be converted to shelter the dogs. This structure has a floor that is mostly gravel. A mitigation of this project will require that a concrete floor be installed in the kennel (horse stable) and that all solid and liquid wastes generated by the dogs be discharged into the septic system reserved for the kennel use. ■ Butte County Department of Development Services ■ Planning Division ■ 2 n,o NQis_e. Approval of this project may result in a potentially significant impact from noise. The dogs will be kept in an existing 1,224 sq. ft. enclosed horse stable. According to the applicant, Irish Wolfhounds are not prone to barking, howling, or baying and tend to be very docile and quiet. However, there is the possibility that the dogs could create significant noise. There is also the possibility that other breeds of dogs that tend to bark could be placed on the property. A mitigation of this project will require that the kennel operation not create an average noise level greater than 55dB at property lines. If complaints about excess barking are received by the County, noise mitigation measures may be required that could include sound walls, anti -bark collars, sprinkler systems, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. A condition of this project will require that a noise analysis study be performed should the County receive noise complaints. The applicant will be required to submit a bond, cash deposit, or certificate of deposit for $500.00 to pay for a noise analysis study should the study be required. Land Use Com a ibility. The Low Density Residential General Plan land use designation allows for agricultural uses and animal husbandry uses as secondary uses. The proposed dog kennel conforms to this criteria in that it is clearly an animal use. Land uses on surrounding parcels are rural residential and horse grazing. There are eight surrounding parcels, and five of those parcels have been developed with a dwelling unit. Three of the eight surrounding parcels could be subdivided to the 5 -acre minimum allowed in A-5 zone, which would increase the number of parcels that could be impacted by the proposed kennel. Conditions have been added to this project which will require the applicant to implement noise reduction measures should excess noise,from the dogs become a nuisance. These noise reduction - measures will reduce the impacts to nearby parcels to a less than significant level. The proposed kennel will not have an impact on other agricultural uses in the project area. The Butte County Fire Department did not have any objections to the project and did not recommend any conditions of approval. The Public Works Department is requesting that encroachment permits for all new or existing driveway approaches be obtained and that all driveway approaches meet County Improvement Standards. The Butte County Environmental Health Department is requesting that a separate septic system be installed to handle the wastes generated by the dogs. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study Part 1 has been prepared by the applicant and Part 2 has been prepared by County staff. Based upon a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of the following mitigation_ measures added as conditions of approval for the project. RECOMMENDATION: Staff recommends that the Planning Commission make the findings and take the action listed below to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 for a dog kennel for 24 dogs in an A-5 zone, subject to the conditions in attached Exhibit A. Section 1: Environmental Findings. ■ Butte County Department of Development Services ■ Planning Division ■ 3 • . 0 A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C: The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. The dogs will be kept inside an enclosed structure; and 2. All wastes from the dogs will be disposed of in an on-site septic system dedicated for kennel use only; and 3. Anti -bark measures will be required should barking become a nuisance; to nearby residents, and 4. No additional vehicle traffic will be generated by the proposed kennel; and 5. Boarding of dogs will not be allowed; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 to. allow a dog kennel for up to 24 dogs in an A-5 zone. Attachments: A: Exhibit "A" Conditions of Approval B: Zoning Map -- C: Site Plan D. Initial Study K:\PROJECTS\UPC\FAIRBANK.UP\FAIRBANK.RPT ■ Butte County Department of Development Services ■ Planning Division ■ 4 EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 98-25 PERMIT NO. 027-270-025 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Gary L. Fairbanks is hereby granted a Use Permit in accordance with application filed on May 27, 1997 for a Use Permit for a dog kennel for 24 dogs in an A-5 zone. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to, or concurrently with, the establishment of the granted use. The use— granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. 5. 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. Conditions of Approval: 1. Prior to issuance of the Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department.The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose ■ Butte County Department of Development Services ■ Planning Division ■ of excrement in a septic system. All waste water from.the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. (MM) 2. Prior to issuance of the Use Permit, a concrete floor that drains into the septic system dedicated for the kennel use shall be installed in the proposed kennel (horse stable). (MM) 3. The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 4. A noise analysis study shall be performed should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 5. Boarding of dogs shall not be permitted. 6. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 7. Install a sewage disposal system for kennel waste under permit and inspection from the Environmental Health Division. 8. Applicant must also comply with all other applicable State and local statutes, ordinances and s regulations. ; I hereby declare under penalty of perjury that I have read the foregoing conditions , that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. l Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Buildingand Health Department permits before starting construction, nor does it waive any other requirements. 1 Butte County Planning Commission Chairman CC: Land Development Division, Building Division, Health Department California Department of Forestry, Animal Control ■ Butte County Department of Development Services ■ Planning Division ■ I /o Vicinity Map Fil *dredi oid-- �P Jett Location' UP 98-25 APN 027-270-025 kiFtB kNIKS .s#Tr- 1� Use Permit: Gary L Fairbanks, UP # 98-25 COUNTY OF BUTTE . INIT L STUDY ATTACHMENT C EVALUATION OF ENVIRONMENTAL IMPACTS L BACKGROUND: Name of Proponent: Gary L. Fairbanks ' 2. Address: 8424 Coyote Hill Lane, Winters, CA 95694 Phone: (530) 795-1915 } 3. Name of Proposal, if applicable: 4. Type of Project: Use Permit I t 5. Project Description and Location of Parcel: This request is for a Use Permit to allow a dog kennel for up to 24 dogs on a 9.82 -acre parcel in the Palermo area. The site is located on the south side of Louis Ave., at 3032 Louis Ave, approximately 1,270 ft. west of Montana Ave. The project site is zoned A-5 (Agricultural, 5 -acre minimum parcel size) and has a General Plan Land use designation of Low Density Residential. The dogs will be kept iri an existing 1,224 square foot horse stable. The applicant intends to raise Irish Wolfhounds for American Kennel Club events and will not be boarding or training dogs owned by other people. The site has been developed with a�.single family residence, an enclosed.horse stable (shown as a barn on the site plan), two horseriding arenas (one of which is covered), and'two ponds` Portions of the site, especially. around the house, stable, and covered arena, contain many trees. The remainder of the parcel is open space. The. site slopes gently to the southwest with an average slope of 6.6%. One small seasonal drainage is located on the southern portion of the site. Domestic water supply for the dwelling unit is provided by a' private on- site well and sewage disposal is handled by an on -"site septic system. Access to the dwelling unit on the parcel is off of Louis Ave. The project site is surrounded by parcels ranging in size from 1.06 to 22.4 acres, with the predominant size being in the 5 to 10 acre range. Most of the surrounding parcels have A-5 zoning and a Low Density Residential General Plan land use designation. The two small parcels immediately to the north of the site are zoned R-1. Land uses on surrounding parcels is rural residential, horse grazing, and some livestock grazing. The nearest dwelling unit is located approximately 150 feet southeast of the proposed kennel. Additional project description and area description can be found, in the data sheet at the end of this document. 6. Assessor's Parcel Number: 027-270-025 7. Date Checklist Submitted: July 23, 1998 /3 ■ Butte County Department of Development Services ■ Planning Division ■ Use Permit: Gary L. Fairbanks, UP # 98-25 II. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. — � avqt Completed by: Stephen Betts, Associate Planner Reviewe y: Craig Sanders, Principal Planner ___ -1 / .1 Date Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ❑ Geophysical 9? Water ❑ Air Quality ❑ Transportation/Circulation ❑ Biological Resources ❑ Energy and Mineral Resources ❑ Hazards W Noise EVALUATION OF ENVIRONMENTAL IMPACTS: ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific screening analysis). ■ Butte County Department of Development Services ■ 'Planning Division ■ 0q r Use Permit: Gary L. Fairbanks, Up # 98-25 Potentially Potentially U cant Less n . Significarrt Mitigation Significant No Impact Incorporated impact Impact 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact.", The lead agency must describe, the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analysis," maybe cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources' for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV.. ENVIRONMENTAL EMPACTS: L. LAND USE AND PLANNING, Would the proposal. a) Conflict with general plan designation or zoning? ✓ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? ■ Butte CountyDepartment of Development Services ■ Planning Division ■ q 0 Use Permit: Gary L. Fairbanks, UP # 98-25 d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? • Potentially Significant Less Potentially Unless Than SigniScaat Mitigation Significant No Impact Incorporated Impact Impact Response: The project request, a Use Permit for a dog kennel for up to 24 dogs, does not conflict with the General Plan land use designation or zoning. The Low Density Residential General Plan land use designation allaws for agricultural uses and animal husbandry uses as a secondary use. The proposed dog kennel conforms to this criteria in that it is clearly an animal use. The A -S (Agricultural, S -acre min) zone does allow for dog kennels provided a Use Permit is obtained The property is zoned for agricultural uses but is not used for agricultural production. The property has been used for horse grazing, and contains two horse arenas (one of which is covered), and a 1, 224 sq. ft. horse stable. Agricultural uses on the property are still possible on the undeveloped sections of the parcel because the proposed kennel will use an existing building and no new construction will occur as a result of this project. Land uses on nearby parcels are rural residential, horse grazing, and some livestock grazing. The request for a dog kennel with this intensity of use may be incompatible with existing land use adjacent to the property. Approval of a dog kennel for up to 24 dogs may result in impacts (noise and sanitation) that would be incompatible with the rural residential character of the neighborhood (See Response for Items #4, 9 & 10). There is a potential for increased parceling on three of the eight surrounding parcels. With future parceling the density of the neighborhood could potentially increase significantly, exposing additional households to the impacts caused by the proposed kennel. The applicant is not proposing to board or train dogs owned by other people. All the dogs on the property will be owned by the applicant. In order to ensure that no dogs are brought onto. the property for boarding purposes, a condition of this project will prohibit the boarding of dogs on the site. Mitigation: See Mitigations # 1 & 2 in Item 4 and Mitigations # 3 & 4 in Item 10. ■ Butte County Department of Development Services ■ Planning Division ■ 4 Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially significant Less Potentially Unless Than Spnocooasignificant IrnactIctprw MVact 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? No Rnpact Re once: Approval of the request will not affect population or housing projections. The current zoning does not permit additional land division on the applicant's parcel and on five of the eight adjacent parcels. However, the application is for a use permit, not for a land division. The approval of a use permit for a dog kennel will not have arty effect on densit_ or affordability of housing. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving. a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land? ■ Butte County Department of Development Services ■ Planning Division ■ 5 /U500 Use Permit: Gary L Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Lnpact g) Expansive soils? h) Unique geologic or physical features? Response: Approval of the request will not create any significant geophysical or topographical impacts that will result in any deterioration of the environment or place people at any significant risk. The project site is located in the Foothill Shear Zone (Butte County Constraints Map). Two inferred faults are located near the site; one is approximately 1, 400 ft. to the east, and the other approximately 1, 500 ft. to the west. Any future earthquakes, especially as experienced in this area in 1975, will -result in the area residents experiencing some degree of ground shaking. No new residences are proposed by this project. The soil characteristics of the site, Redding sandy gravelly loam, is identified as having moderate erosion potential. The characteristics of the project site, a gradual 6 6% slope, is such that little erosion would likely occur. In addition, no new structures are proposed to be placed on the site. Therefore, no soil erosion is expected to occur due to the proposed kennel. Mitigation: None required. 4. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? C) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? ■ Butte County Department of Development Services ■ Planning Division ■ C f Use Permit: Gary L Fav =k-% UP # 98-25 h) Impacts to groundwater quality? Response: The project site is not located in a 100 year flood zone as shown on the FEMA Flood Insurance Rate Map for the project area (060017 0480B). No increase in the amount of runoff due to the kennel use is expected because no new structures will be placed on the site. Approval of the request will not have any impacts upon the groundwater. A small, seasonal creek is located in the central southern portion of the project site and two small ponds are also located on the site. Approval of this project may have a potentially significant impact to surface water quality due to dog feces and liquid waste. The proposed kennel, in an existing horse stable, does not have a concretefloor, loor, and wastes from the dogs could flaw into on and off-site drainages, resulting in a loss of water quality. To address this potential impact a mitigation measure for a separate septic system to handle dog feces and waste water is necessary. In addition, a mitigation of this project requires that a concrete floor that drains into the dedicated septic system be installed in the kennel structure. No impacts to the groundwater is expected to occur as a result of this project. Additional water will be required for cleaning of the dogs and their kennel, but this additional water usage will be minimal. According to the Butte County Environmental Health Department, groundwater quantities in the project area tend to be low, but should be adequate to support the kennel use. The groundwater will not be effected by the septic system for the dog kennel because the water table in the project area tends to be low. MMGATION # 1: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from ■ Butte County Department of Development Services ■ Planning Division ■ 7 /(a Poally Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Changes in currents, or the course or direction of water movements? ✓ f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? ✓ g) Altered direction or rate of flow of groundwater? . ✓ h) Impacts to groundwater quality? Response: The project site is not located in a 100 year flood zone as shown on the FEMA Flood Insurance Rate Map for the project area (060017 0480B). No increase in the amount of runoff due to the kennel use is expected because no new structures will be placed on the site. Approval of the request will not have any impacts upon the groundwater. A small, seasonal creek is located in the central southern portion of the project site and two small ponds are also located on the site. Approval of this project may have a potentially significant impact to surface water quality due to dog feces and liquid waste. The proposed kennel, in an existing horse stable, does not have a concretefloor, loor, and wastes from the dogs could flaw into on and off-site drainages, resulting in a loss of water quality. To address this potential impact a mitigation measure for a separate septic system to handle dog feces and waste water is necessary. In addition, a mitigation of this project requires that a concrete floor that drains into the dedicated septic system be installed in the kennel structure. No impacts to the groundwater is expected to occur as a result of this project. Additional water will be required for cleaning of the dogs and their kennel, but this additional water usage will be minimal. According to the Butte County Environmental Health Department, groundwater quantities in the project area tend to be low, but should be adequate to support the kennel use. The groundwater will not be effected by the septic system for the dog kennel because the water table in the project area tends to be low. MMGATION # 1: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from ■ Butte County Department of Development Services ■ Planning Division ■ 7 /(a 0 Use Permit: Gary L. Fairbanks, UP # 98-25 • Potentially Significant Less ... Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. MITIGATION # 2: A concrete floor that drains into the septic system dedicated for the kennel use shall be installed in the proposed kennel (horse stable). 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ✓ b) Expose sensitive receptors to pollutants? be c) Alter air movement, moisture, or temperature, or cause any change in _ climate? ✓ d) Create objectionable odors? ✓ Response: Approval of the request may result in objectionable odors arising from increased dog feces if not properly on a regular basis. Of the eight surrounding parcels, four have a dwelling unit. The nearest off-site dwelling unit is located approximately 150 feet southeast from the site of the proposed kennel and could be exposed to foul odors from the kennel. The mitigation found in Item 4 requires that dog feces be picked up and properly disposed of on daily basis. This action will prevent any significant odors. Mitigation: See Mitigation #1, Item 4. 6. TRANSPORTATION/CIRCULATION.. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ✓ b) Hazards to safety from design features (e.g. sharp curves or ■ Butte County Department of Development Services ■ Planning Division ■ 8 Use Permit: Gary L Fairbanks, UP # 98-25 d) Insufficient parking capacity onsite/ offsite? ✓ e) Hazards or barriers for pedestrians or bicyclists? ✓ f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ✓ g) Rail, waterborne or air traffic impacts? ✓ h) Substantial impact upon existing transportation systems, including public transportation services? ✓ Response: Approval of the request will not have an impact on vehicle operations in the project area The dogs will be owned by the applicant, who does not propose to board train, or keep dogs owned by other people. Therefore, there will not be an increase in vehicle traffic due to the proposed kennel. No special events are proposed by the applicant that could generate large volumes of vehicle traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 17 9 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact dangerous intersections) or incompatible uses (e.g. farm equipment)? ✓ c) Inadequate emergency access or access to nearby uses ✓ d) Insufficient parking capacity onsite/ offsite? ✓ e) Hazards or barriers for pedestrians or bicyclists? ✓ f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ✓ g) Rail, waterborne or air traffic impacts? ✓ h) Substantial impact upon existing transportation systems, including public transportation services? ✓ Response: Approval of the request will not have an impact on vehicle operations in the project area The dogs will be owned by the applicant, who does not propose to board train, or keep dogs owned by other people. Therefore, there will not be an increase in vehicle traffic due to the proposed kennel. No special events are proposed by the applicant that could generate large volumes of vehicle traffic. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 17 9 Use Permit: Gary L. Fairbanks, UP # 98-25 b) Locally designated species (e.g. heritage trees)? c) Locally designated natural communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors?. i Potentially significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: Approval of the request will not have any impact on any plant or animal species on the rare, endangered or threatened species list. Only small mammals and birds are found on the site. Because the dogs will be housed in an existing structure, no vegetation will be removed Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? ✓ c) Conflict with the extraction of . identified, significant mineral resources? ✓ Response: The proposed dog kennel will use a minimal amount of nonrenewable resources. No significant mineral resources are known to exist on the project site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ■ Butte County Department of Development Services ■ Planning Division ■ 10 • 4 Use Permit: Gary L. Fairbanks, UP # 98-25 release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) L_ -J Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Possible interference with an emergency response plan or emergency evacuation plan? _ c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Response: Approval of the request is not expected to expose the public to any health hazards Assuming the dogs' excrement is collected and disposed of in a regutarly scheduled manner, and that all the dogs receive regular rabies shots, any threat of transmission of diseases is reduced (See Response, Item 4 regarding animal waste disposal). Access to the site is a paved public street. Emergency vehicles will have no problem accessing the site. Mitigation: See Mitigation #1, Item 4. 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? ✓ b) Exposure of people to severe noise levels? ✓ Res onse: Approval of the request to permit a kennel for up to 24 dogs at this site will incrementally and cumulatively have a significant noise impact on the surrounding area. Four of the eight surrounding parcels have been developed with a dwelling unit. The nearest off-site dwelling unit is located approximately 150 ft -southeast from the proposed kennel. ■ Butte County Department of Development Services ■ Planning Division ■ 11 Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact The dogs will stay mainly inside the 1, 224 sq. ft horse stable, but will be allowed outside to exercise and train. According to the applicant, Irish Wohounds are not prone to barking, howling, or baying and tend to be very docile and quiet. However, there is the possibility that the dogs could create significant noise and become a nuisance to the neighbors. There is also the possibility that other breeds of dogs that tend to bark could be placed on the property. In order to ensure that the kennel use does not create any significant noise impacts, a mitigation of this project will require the applicant to implement noise reduction measures should the average noise level at property lines exceed an average of 550. Measures that could address this impact could include anti -bark collars, installation of a sprinkler system in the kennel that activates when the dogs bark; or installing soundproofing on the walls of the kennel. A condition of this project will require the applicant to have a noise analysis study conducted for the kennel should noise complaints be received by the County. MITIGATION # 3: The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by .the Department of Development Services. Any necessary noise mitigation measures_ shall be installed within one month of being identified as necessary. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ✓ b) Police protection? ✓ c) Schools? ✓ d) Maintenance of public facilities, including roads? ✓ e) Other governmental services? ✓ Response: Approval of the request will not result in the need for new or additional services except in the area of animal control. Approval of the use permit may result in additional ■ Butte County Department of Development Services ■ Planning Division ■ 12 r ; Use Permit: Gary L Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Sipificurt No Impact Incorporated Impact Impact complaints from neighbors which will require additional responses from Butte County Animal Control, particularly if noise mitigations are not followed Mitigation: See Mitigation in Item #10. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? ✓ _ f) Solid waste disposal? ✓ g) Special Districts? ✓ Response: Approval of the request will not result in any need for new service systems. Services are already present onsite. A new septic system will be required to be installed to handle the solid and liquid wastes generated by the kennel use. The new septic system will be required to be installed under permit from the Butte County Environmental Health Department. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? ✓ b) Have a demonstrable negative aesthetic effect? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 13 /9 Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated c) Create light or glare? Less Than significant No Impact Impact Response: Approval of the request will not result in any significant impacts to scenic vistas or to the area's aesthetics. The dogs will be kept inside an existing horse stable so no new structures will be placed on the project site due to the kennel use. Mitigation: None required. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ✓ b) Disturb archaeological resources? ✓ c) Affect historical resources? ✓ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ✓ e) Restrict existing religious or sacred uses within the potential impact area? ✓ Res onse: The project site is located in an area characterized as having a low to moderate, including unknown, archeological sensitivity. The location of the project is not in an area that holds very high potential for historical or cultural resources. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. No such characteristics exist on the project site. No new structures will be placed on the site due to the kennel use so no ground disturbance will occur. Therefore, no impacts to cultural resources are expected to occur. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? ■ Butte County Department of Development Services ■ Planning Division ■ 14 0 Use Permit: Gary L. Fairbanks, UP # 98-25 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Affect existing recreational opportunities? Response: Approval of the request is not going to result in any additional demands upon recreational facilities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). c) Does the project have environmental effects which will cause substantial y ✓ .r 7 ■ Butte County Department of Development Services ■ Planning Division ■ 15 • 0 Use Permit: Gary L Fairbanks, UP # 98-25 adverse effects on human being, either directly or indirectly? ✓ Response: Approval of the request will not have any significant impacts upon the quality of the environment, in as much as no sign cant impacts will result on any wildlife populations, either to plant or animal species. No known cultural resources exist onsite. There are no known cumulative impacts which would result from approval of the request. Approval of the request will result in potentially signfcant noise impacts to the surrounding neighbors. The addition of 24 dogs may result in an increase in nuisance complaints to Butte County Animal Control. Approval of the request will only compound the noise impacts to the neighborhood Approval of the request may also result in sanitation problems unless a proper septic system, both infrastructure and scheduling, is instituted V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Prior to issuance of a Use Permit, a septic system to handle wastes from the dogs shall be installed under permit from the Butte County Environmental Health Department. The kennel operator shall clean and remove all excrement from the kennel on a daily basis and dispose of excrement in a septic system. All waste water from the kennel shall be discharged into the septic system. The septic tank shall be pumped as needed or as directed by the Butte County Environmental Health Division. 2. Prior to issuance of the Use Permit, a concrete floor that drains into the septic system dedicated for the kennel use shall be installed in the proposed kennel (horse stable). 3. The kennel operation shall not create average noise levels in excess of 55dB at property lines. If average noise levels exceed this level for a sustained one hour period or on a daily basis, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods approved by the Department of Development Services. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. DATA SHEET A. Project Description 1. Type of Project: Use Permit for a dog kennel for up to 24 dogs. 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road(s): Parcels fronts on Louis Ave. 5. Method of Sewage Disposal: On-site septic tank/leachfield system. 6. Source of Water Supply: On-site well. ■ Butte County Department of Development Services ■ Planning Division ■ M' Use Permit: Crary L. Fairbanks, UP # 98-25 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under the current A-5 zoning. B. Environmental Settiniz 1. Terrain a General Topographic Character: Gradual slope to the southwest with no unique topographical features. b. Slopes: 0 to 6.6 % C. Elevation: 215 to 250 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Redding gravelly sandy' loam, adequate drainage. b. 'Limiting Factors: High potential for expansiveness. 3. Natural Hazards of the Land a. Earthquake Zone: Foothills Shear Zone b. Erosion Potential: Moderate. C. Landslide Potential: None' d. Fire Hazard: Extreme. e. Expansive Soil Potential: High 4. Hydrology a. Surface Water:; Small seasonal drainage, two ponds. b. Ground Water: Unknown, possibly limited. _ C. Drainage Characteristics: Parcel generally drains to the southwest. d. Annual Rainfall (normal): 24 inches per year. e. Limiting Factors: Possibly limited groundwater supplies. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Large numbers of non-native trees. 9. Wildlife Habitat: Small mammals and birds common to foothill areas. 10. Archaeological and Historical Resources in the area: Moderate to low, including unknown, sensitivity area. 11. Butte County General Plan designation: Low Density Residential 12. Existing Zoning: A-5 13. Existing Land Use on-site: Single-family dwelling unit, horse riding arenas. 14. Surrounding Area: a. Land Uses: Rural residential, horse grazing, limited livestock grazing. b. Zoning: A-5, R-1. C. Gen. Plan Designation: Low Density Residential & Grazing/Open Lands d. Parcel Sizes: 1.06 to 22 acres, with a predominant size of 5 to 10 acres. 15. Character of Site and Area: Rural residential and open space. 16. Nearest Urban Area: Palermo. ■ Butte County Department of Development Services ■ Planning Division ■ 17 a/ Use Permit: Gary L. Fairbanks, UP # 98-25 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 72 approximately 2.3 miles to the northwest in Palermo. b. Water Availability: Fire tankers, on-site ponds. 20. Schools: Palermo Union and Oroville Union High School Districts. 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 SafetX 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 Hi hway Element Oroville, CA:. CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4 Safety Element Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural .Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Soil Map, Chico 0925)/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 Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\UPC\FAIRBANKUP\FAIRBANK.IS ■ Butte County Department of Development Services ■ Planning Division ■ 18 Aug -07-98 04:12P Har d & Nancy Akers August 05, 1998 Department of Development Services 7 County Center Drive Oroville, California 95965 Attn: Stephen Betts RE: APN: 027-270-025-000 1 =W5348866 j,.,'.-,4ATTACHME'NTV -'-`-D E We are concerned about the use permit being considered for parcel 027-270-025-000 [3032 Louis Ave.]. If this permit is approved we think there should be some additional requirements considered as Irish Wolfhounds are a very large dog. ,Our parcel is 027-270-038-000, we raise horses and our pasture is approximately 250 ft. from the stable to be reconfigured to house these dogs. At present we have 6 horses, a registered Peruvian Paso for show and parades, 2 quality registered Paint mares which will foal next spring, a POA mare, a Appaloosa yearling and a 3 month old filly which the dogs are larger than her at present. We raise horses to supplement our retirement income and question the closeness of such a large quanity of large dogs. Along with horses comes the recreation of horseback riding. In Mr Fairbanks application he states that the pastures on the property are all fenced and cross fenced. These fences are all old and made to hold cattle. I would recommend that all perimeter fences be at least 8 ft. chain link or equivalent, for . -the safety of horseback riders. and the safety of other animals in the area. - We have read that Irish Wolfhounds are known to have a mellow disposition all though they are not a dog to be loose. They are the reason there are no wolfs in Ireland . that is how they got there name. What about his liability requirements if these dogs get loose and harm a person or a precious pet or valuable animal. t We purchased our property in 1994 for retirement in the end of 1996, our custom house was complete in Jan. 1997. We love this area and would not like to see something like this deter others from selecting this area for there home. I We need improvement that is positive for the area. Sincerely , Harold and Nancy Akers Double A Ranch 38 Montana ave. Oroville, CA 95966 027-270-038-000 Phone: 534 8826 Fax 5348866 Planning DMdon 4406 1 0 1998 0MVIRO, Caliiomia I P.O1 July 31, 1998 Department of Development Services 7 County Center Drive Oroville, California 95965 Attn: Stephen Betts RE: APN: 027-270-025-000 I am concerned about the use permit being considered for the above parcel for a dog kennel for 24 dogs. Our parcel, 027-270-042-000 is down hill from the above parcel and shares the property line. We have a pond and well below this parcel and we are concerned about the waste running into the pond. We are also concerned about the noise from dogs barking. Sound carries in this area. I have read the use permit application. Currently it sounds like the people have 8 Wolfhounds and two Labrador Retrievers. They say they want to continue to raise, train and show the Wolfhounds. Does this mean they breed their own dogs? They also say if required a separate septic system could be added behind the existing stable. Is that going to be so close to the 5 acre parcel above us that when purchased the owners could not have a well put in their designated area for a well? Who is going to police the kennel to make sure the waste is properly disposed of? What are the existing waste pick-up procedures Gary Fairbanks sites in his application? Are these people current residents of Butte County or new residents that a history of how they care for their animals can be checked? How are the dogs around horses? Currently two parcels that join the above parcel have horses, we will have horses on our parcel in the near future. We are really opposed to having a kennel put in this area and your consideration of our concerns will be appreciated. Sincerely, Alvin & Gretchen Muller 100 Arrowhead 'CT Vacaville, CA 95687 027-270-042-000 Planning Division AUG Q .4 1998 OrMoXalftnis 3 F ------...... F National Breed Club : Irish wolfhound Club of America (M) Secretary, Mrs. William S. Pfarrer, 8855 U.S. Route 40, New Carlisle, OH 45344 Breeder Contact, Mrs. William S. Pfarrer, 8855 U.S. Route 40, New Carlisle, OH 45344 (937)845-9135 Rescue: Irish Wolfhound Club of America Jean A. Minnier, (609)268-9373, New Jersey Did you know? • The Irish Wolfhound is the tallest of all dogs. • Irish Wolfhounds are called, interchangeably, "Irish_dogs," 'Big Dogs of Ireland," "Greyhounds (or Grehounds) of Ireland," "Wolfdogs of Ireland," "Great Hounds of Ireland." Irish Wolfhound is the Irish Wolfhound Hound Group General Appearance Of great size and commanding appearance, the Irish Wolfhound is remarkable in combining power and swiftness with keen sight. The largest and tallest of the galloping hounds, in general type he is a rough -coated, Greyhoundlike breed; very muscular, strong though gracefully built; movements easy and active; head and neck carried high, the tail carried with an upward sweep with a slight curve towards the extremity. The minimum height and weight of dogs should be 32 inches and 120 pounds; of bitches, 30 inches and 105 pounds; these to apply only to hounds over 18 months of age. Anything below this should be debarred from competition. Great size, including height at shoulder and proportionate length of body, is the desideratum to be aimed at, and it is desired to firmly establish a race that shall average from 32 to 34 inches in dogs, showing the requisite power, activity, courage and symmetry. Head Long, the frontal bones of the forehead very slightly raised and very little indentation between the eyes. Skull, not too broad. Muzzle, long and moderately pointed. Ears, small and Greyhoundlike in carriage. Neck Rather long, very strong and muscular, well arched, without dewlap or loose skin about the throat. Chest Very deep. Breast, wide. Back Rather long than short. Loins arched. Tail Long and slightly curved, of moderate thickness, and well covered with (AkTTACHMENT A GGy L. Fairbanks - proposed Nes ative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned A-5 (Agricultural - 5 acre parcels) located on the south side of Louis Avenue, at 3032 Louis Avenue, approximately 1,270 ft. west of Montana Avenue, identified as AP 027-270-025, southeast of Palermo. (SB) (UP 98-25) A video of the site was shown. Mr. Betts gave a brief summary of the project. Mr. Betts submitted pictures from the neighbor. He said the dogs are Mr. Fairbanks' pets. He said the applicant is not planning on confining the dogs to an indoor kennel. He said the applicant is proposing to have two or three outdoor areas where the dogs can run. He said the dogs will have access to the applicant's house. He said some of the outside areas will be pea gravel and some will be grass. He said the dogs are raised for show and for the American Kennel Club. He said the applicant currently has 10 adult dogs. He said when the owners are gone for any length of time,.they have a house sitter. He said with the change in the application, Condition 3 is not required. He said concrete floor will need to be deleted from Condition 2.1 He recommended a condition be added to require a kennel permit from the Butte County Animal Control Department. He said the septic condition should be revised to remove dog feces daily. f Chairman Lambert said this is a change from the original request by using more of the parcel. Commissioner Cage said on the map there is a lot of open space. She asked if the dogs will be fenced? Chairman Lambert noted there were several letters received. Commissioner Leland was concerned with who determines when the dog excrement is a problem? Mr. Betts said there is no standard unless obnoxious because of odor and a complai t is made. The hearing was opened to the public. Mr. Fairbanks explained why he has 10 adult dogs and what they are used for. He said they are pets. He said they show the dogs, and sometimes breed one to sell the puppies. -He said theseare large dogs and they will not be allowed to run free on the entire parcel. He said he will fence additional exercise area. He said the dogs will not be off the property. Commissioner Mooney asked how many anti -bark collars he owned? Mr. Fairbanks said 5. He said the dogs do not have a high pitch bark. Don Johnson said he runs sheep up against this property's fence. He said he would like a good fence between the properties if this is approved, such as a chain link or no climb fence. Richard Longley said he is the closest neighbor. He said he was still not satisfied that this is the proper use of the property. He said there is a strong potential for development in the area. I He said the area has historically housed livestock. He said 24 dogs is excessive. He was concerned with waste affecting neighboring groundwater and wells. He was concerned with noise problems. He said anti -bark collars can not be used on puppies. He said this Use Permit, if granted, would go with the property and the use could become more commercial. He was also concerned with the dogs getting out. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 AUGUST 13, 1998 ■. `' `� -Kr Y June Longley said this kennel would have a negative effect on property values. She was opposed to the proj ect. Mr. Betts said the project can be mitigated. He said an Initial Study was done and an EIR is not necessary. The hearing was closed. Commissioner Leland said in general he was inclined to approve this permit. He said the feces need to be removed. He said they could condition the permit for the applicant to install a fence in a manner to contain the dogs. Commissioner Cage discussed keeping the dogs a certain number of feet from the property line. She discussed landscaping along the property line. Chairman Lambert said it will be the fencing that will contain the dogs. She asked if the septic was necessary? -- Commissioner Leland said if the animals are confined in a building, it would be necessary. . Mr. Betts said the separate septic was proposed by Environmental Health if the dogs were kept inside a building. Mr. Parilo said if the dogs are not confined this could be deleted. He said they could call this a personal hobby kennel. He said the Commission could word the permit so if it changed to a more commercial use, it would come back to the Commission. He said they could change Page 5 of the Permit to state a personal hobby dog kennel for a maximum number of adult dogs. Commissioner Nelson said he would like to accommodate the applicant, but did not want this to go commercial. He agreed that 24 dogs was excessive. He asked Mr. Fairbanks about the number? Mr. Fairbanks said that they usually keep the puppies for 12 weeks before they are placed. He said wolfhound puppies can look like adult dogs to people. He said sometime it takes longer to place the puppies. a Mr. Parilo discussed dealing with keeping the puppies up to 6 months instead of 4 months, as stated in the Code.. Commissioner Mooney asked what the applicant does with the dogs feces? Mr. Fairbanks said where he lives now, they send it to the landfill. Commissioner Mooney suggested adding a condition to satisfy Environmental Health regarding disposal of solid waste. Mr. Fairbanks said his fence will contain the dogs. He said he could not afford to chain link the entire 10 acres. Commissioner Mooney noted that the permit will run with the land. 5 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES AUGUST 13,-1998 _Y` a • r* Commissioner Leland said they should make containment of the dogs the responsibility of the applicant. Commissioner Cage said she would recommend approval with the findings and conditions, changing the total number of adult dogs to 12. Mr. Parilo said they should add a condition that the feces shall be collected, from the site, on a daily basis. Disposal of the dog feces shall meet the requirements of the Butte County Health Department. There was a discussion on whether or not a kennel permit was needed. Commissioner Leland said he was concerned with this being called a hobby kennel and it not allowing the sale of the puppies. It was moved by Commissioner Mooney, seconded by Commissioner Leland, and unanimously carried for approval subject to the findings and conditions listed in the Agenda Report dated 7/27/98 for Gary L. Fairbanks, as follows: . Commissioner Mooney explained the noise condition to Mr. Fairbanks. It was moved by Commissioner Leland to amend the motion to change Condition 4 by adding "at the owners expense" after "performed", seconded by Commissioner Mooney, and unanimously carried. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a de minimus exemption to the collection of Department of Fish and Game Environmental Filing Fees is recommended; and C. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and the Negative Declaration reflects the independent judgement of Butte County; and I Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: Anti -bark measures will be required should barking become a nuisance to nearby residents, and 2. No additional vehicle traffic will be generated by the proposed kennel; and 3. Boarding of dogs will not be allowed; and ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ AUGUST 13, 1998 ■ Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Gary L. Fairbanks on APN 027-270-025 to allow a dog kennel for up to 24 dogs in an A-5 zone. Conditions of Approval: 1. The Dog feces shall be collected on a daily basis. The dog feces shall be disposed of in a manner approved by the Butte County Department of Environmental Health. 2. The kennel operation shall not create a maximum noise level in excess of 55dB at property lines. If noise levels exceed this level for a sustained period of time, noise mitigation measures shall be implemented that may include noise activated sprinkler systems, sound walls, or other methods as recommended by a noise consultant. Any necessary noise mitigation measures shall be installed within one month of being identified as necessary. (MM) 3. A noise analysis study shall be performed, at the owners expense, should noise complaints be received by the County. A deposit, bond, or certificate of deposit for $500.00 to cover the cost of a noise analysis study shall be posted prior to issuance of the Use Permit. 4. Boarding of dogs shall not be permitted. 5. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 6. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 7. Obtain a Kennel Permit, if required, from the Butte County Animal Controt Office. 8. Install and maintain fences adequate to contain the dogs on the property. Mr. Parilo noted that there is a 10 day appeal period. ,'.. m..■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 13, 1998 . ri ILd — 4 �.. �; A J�. fr � r•✓�r � - 1 ore I 11 Its' mss. 41 C' j rte\} ri��t�. , �^•f ,. t+ `tr.,�d Com- �,✓Y; S � � try►. � '4-y _ �= � •� .T � c.�t ��` ore I 11 Its' mss. 41 C' � � try►. � '4-y _ �= � •� .T � c.�t ��` ore I 11 Its' mss. 41 C' 1 10. 1-1 0 Butte'ounty board of. Supervisors. 25 County Center Drive Oroviile, Ca. y�yo�-33y'j Lear Members. Planning Division SEP 0 4 1998 Oroville, California 3070 Louis Ave. , Oroville, Ca. Sept. 3, 1998 He: Use Permit AP 027-270-025 UP 98-25 We, Richard and June Longley of 3070 Louis Ave., Oroville wish to appeal the decision made by the Butte County Planning Commission to grant a.Use Permit to Gary b. r'airbanks for a dog kennel at 3032 Louis Ave., Oroville. Over our objections and those of another neighbor the Commission unaminously approved the project. The concerns expressed by us were as follows: 1. Too close to our residence, approximately 75 to 100 ,ttrom the front of our house and our drive -way is adjacent to buildings on the property. 2. Noise from animals: housed therein, such as barking. 3. r'ences are of inadequate height to contain animals being only 4 ft. high and consisting of sheep wire. 4. Sanitation. There could be a serious amount of waste generated by these dogs as they --are quite large. The Use Permit approved by the Commissioners bore no resemblance to the proposal originally given a negative recommendation by the Planning Dept. Initially it called for a new septic tank to be installed, concrete floors, the dogs to be kept in an enclosed area with noise reduction measures such as sound -proof walls, anti -bark collars, etc. if necessary. All of the above mitigation requirements were waived by the Commissioners, thus allowing Mr. r'airbanks to negotiate his own conditions? which were: The dogs would be kept in the house. To quote one Commission member "if the dogs, are going to be kept in the =. house, I see no need for a septic tank. The collection and disposal of feces would be left upi.to Mr. Fairbanks, however he wished. -2 - As for noise control, anti -bark collars could be placed on the dogs, but this is an unnatural restraint and could not be used on puppies. With regard to fences, Mr. Fairbanks assured the Commission that they are indeed adequate: and need no adjustments. The: number o -f dogs. was lowere.d t.o twelve instead of the twenty -four originally requested by Mr. Fairbanks, but there was no limit. placed on the number of litters- as Mr. Fairbanks said he ii -)tended t:o breed some of his dogs. Water is another concern. The. area is served by domestic wells and during the hot weather the level drops considerably, and we often haveto wait. until 11 p.m. in order to water our horses-. These dogs would require considerable amounts of water for drinking, bathing, etc. and we fear that this would further impact our supply. There are two ponds on the property but this is OWID untreated water and probably would not be suitable for triose purposes. The initial environmental report stated that a full-blown environmental study was not necessary if proper mitigation measures were used. Contrary to evaluation, this report is assumed flawed and is no longer valid. The Planners decided that Mr. Fairbanks' operation could be termed a ".-hobby" kennel even though no definition for such exists- in Butte County. This would suppmsedly prevent a future owner from operating under°it.s current permit.. However, this presents a dangerous precedent.for all of Butte County as other kennel owners could demand simi.1-ar treatment. The area surrounding 3032 Louis Ave consists of parcels ranging in size from approximately 5 acres to larger tracts. Thereare several homes located nearby and there is a potential for future development. There is a 5 acre parcel directly behind it that: could be a home.site:. We feel that this project is inconsistent with present uses such as horse, cattle, and sheep ?razing, also orchards. This property has been used as a horse ranch and is admirably suited for that -purpose. Mr. Bob Beever advertised it as that for almost a year. Also, we have been told that Mr. Beeler owns Irish Wolf- hounda, and is a former P.G.& E employee as is Mr. Fairbanks, so we would prefer that he abstain from voting on this issue. Finally, we urge you to give this matter your utmost consideration and not be swayed by persuasive ar-uments. Thank you. Sincerely, nichard 3. 4 e une ri. Longle 9. LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 July 29, 1998 Gretchen Muller 100 Arrowhead Court Vacaville, CA 95687 Re: Use Permit for Gary L. Fairbanks on APN 027-270-025, File # UP 98-25 Dear Ms. Muller: Enclosed'please find a copy of the Initial Study, which is an environmental assessment of the project referenced above. Also enclosed please find a copy of the staff report for the Planning Commission. The Planning Commission can add, delete, or modify the conditions of approval recommended by the Planning Division. The Planning Commission also has the option of denying the project if they feel that it is not an appropriate use for the area. Any decision that the Planning Commission makes can— be appealed to the Butte County Board of Supervisors. If you have any questions regarding this project, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, ,J Stephen Betts Associate Planner Enc. K:\PROJECTS\UPC\FAIRBANK.UP\MULLER-LET July 29, 1998 Richard Longley 3070 Louis Ave., Oroville, CA 95966 'atie LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit for Gary L. Fairbanks on APN 027-270-025, File # UP 98-25 Dear Mr. Longley: Enclosed please find a copy of the Initial Study, which is an environmental assessment of the project referenced above. Also enclosed please find a copy of the staff report for the Planning Commission. The Planning Commission can add, delete, or modify the conditions of approval recommended by the Planning Division. The Planning Commission also has the option of denying the project if they feel that it is not an appropriate use for the area. Any decision that the Planning Commission makes -can be appealed to the Butte County Board of Supervisors. If you have any questions regarding this project, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, r Stephen Betts Associate Planner Enc. K:\PROJECTS\UPC\FAIRBANK.UP\LONGLEY.LET , +5 2p��.%F vii �J :Ij.3� • _u _..4 July 27, 1998 7_.� ,�iutte C LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 Bob Beever 100 Gold Dredge Drive Oroville, CA 95965 Re: Use Permit for Gary L. Fairbanks on APN 027-270-025, File # UP 98-25 Dear Mr. Beever: The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. Please review the enclosed checklist, noting particularly any environmental problems which could be - minimized or avoided by the care and manner in which the project is carried out. Also, please review the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. If you have any questions regarding this environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sz Stephen Betts Associate Planner Enc. cc: Gary Fairbanks, 8424 Coyote Hill Lane, Vacaville, CA 95694 K:\PROJECTS\UPC\FAIRBANK.UP\IS.LET 0 0 Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 13, 1998, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:00 a.m. - Gey L. Fairbanks - Use Permit to allow a dog kennel for 24 dogs on a 9.82 acre parcel zoned A-5 (Agricultural - 5 acre parcels) located on the south side of Louis Avenue, at 3032 Louis Avenue, approxmately 1,270 ft. west of Montana Avenue, identified as AP 027-270-025, southest of Palermo. (SB) (UP 98-25) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Thursday, July 9, 1998. Date 07/02/98 loevelopment Services Depar#ent Time 10:32 am Applicant Billing Worksheet UP 98-25 :Gary L. Fairbanks (continued) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period TOTAL NEW BALANCE Page 7 ($700.00) (351.75) •.i " \ ($351.75) Date 07/02/98 40e velopment Services Depart*,,.-,nt Time 10:32 am Applicant Billing Worksheet UP 98-25 Gary L. Fairbanks 8424 Coyote Hill Lane Winters, CA 95694 In reference to UP 98-25, AP#027-270-025 Rounding None Full Precision No Last bill / / Last aging Last charge 06/26/98 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 05/18/98 Teri B. / C 1.00 34.00 #16894 Clerical 34.00 06/01/98 Steve B. / P 1.00 59.00 #17189 Processing 59.00 06/01/98 Craig S. / P 0.25 1 14.75 #17257 Processing 59.00 I 06/15/98 Steve B. / P 2.00 118.00 #17367 Processing 59.00 1. 06/15/98 Teri B. / C 1.00 34.00 #17381 Clerical 34.00 i I 06/15/98 Steve L. / LR 0.25 14.75 #17440 LAFCo Review 59.00 (� 06/15/98 Larry P. / P 1.25 f 73.75 #17453 Processing 59.00 TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 05/27/98 Deposit - Receipt #16384 6.75 (700.00) Page 6 TOTAL $348.25 ..i�•~•di\��... \ suite L' LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 June 30, 1998 Bob Beever 100 Gold Dredge Drive Oroville, CA 95965 Re: Use Permit for Gary L. Fairbanks on APN 027-270-025, File # UP 98-25 Dear Mr. Beever: Enclosed please find copies of the comments we have received from other Butte County agencies regarding your application for a Use Permit. Please review these comments and the conditions that are requested as part of the project's approval. Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 1;� I��-- Stephen Betts Associate Planner Encl. . K:\PLANNING\PROJECTS\UPC\FAIRBANK.UP\COMMENTS. LET 111111 � �t � l ■i.� .ulr. � -- -� ul ■1■. iiiil� li�1 �1�■,--5111 _ I�7111■■11 V ?j 11■IB■■f MEN NEI Jia? I L� ■iii®iiiii !■■■ 11�■ ■1�, ■[ 111 ■��G 11�■ I NINE �I� �i1• !11111! 1�� Mr IN �_ .. mill- Mt ■11IN Imo: illr.f- Wrn119 i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: May 28, 1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow a dog kennel to raise show doggy on property zoned A-5 (Agricultural -5 acresl located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 8, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 12, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pa&es if necessary): / T d V' /1JLJA By: Date: JUN 3 01998County Center Drive - Oroville, California 95965 -530-538-7601 - FAX 530-538-7785 orovill®, calwomea BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: June 16, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow a dog kennel to raise show dogs on property zoned A-5 (Agricultural -5 a=4 located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 8 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Planning 0Iv1slan J U IV 1 u 1998 rovil ®, Caotornia By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: June 16, 1998 CONTACT PERSON: Stephen Betts , The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow a dog kennel to raise show dogs on property zoned A-5 (Agricultural -5 ac�esl located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 8, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): ;�A-4 092 G'A; / 1)Pnvii� a - FE4-'74F2 P'4IrKS •t R' --c . S. ORGu/t-E illvioiv #..S. D . \ (n. 'S" TE 'r'DLLE6F_ PROVIU-41 LVMA/170T1X IrIR1647701J DIST. �. Cs4 Na• IC &y LAFCa 15sc1E5 Planning Division // / J U N1 C 1998 By: � �„h�„ Luc�r Date: 6/18 �Y UrOW e, Callfornia 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 O%ounty Assessors Office BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES JUN 17 1998 PLANNING DIVISION TO: Assessor Oroville, California FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: June 16, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow a dog kennel to raise show dogs on property zoned A-5 (Agricultural -5 acres) located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 8 , 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _June 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: SSPS%a'C_ Date: dl7lyopl Planning Division JUN 1 S 19n.8 ormwllle, C211fS3m 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Gary L. Fairbanks AGENT: Bob Beever DATE: May 28, 1998 APN: 027-270=025 FILE #: UP 98-25 PLANNER: PROJECT DESCRIPTION: Use Permit to allow a dog kennel to raise show dogs Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS X I. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. Prior to the issuance of building permits deed to Butte County, in fee simple, _feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. 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 I 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 or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE 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 flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by 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. RECEIVED MAY 2 9 1999 COUNTY OF BUTTE LAND DEVELOPMENT DIV, i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: May 28, 1998 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: t 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to + 1 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional iriformation is needed, please ca11538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow a dog kennel to raise show dogs on property zoned A-5 (Agricultural -5 ac�esl located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 8, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 12, 1998. If no comments ,or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): f!uy1/4 /111 Cox. l"c C�5 I v� GriZrJ Planning Division i u iv 0 3 1998 Oroville, California By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 RECEIVE® MAY 2 9 1998 COUNTY OF BUTTE ,-AND DEVELOPMENT DIV. LEAD - 0i SHEET FILE NO: UP 98-25 Apt 027-270-025 APPLICANT: Gary L. Fairbanks, 8424 Coyote Hill Ln., Winters, CA 95694 Name Addmss OWNER: Rich & Lynn Sutherland, 3032 Louis Ave., OroKille, CA 95966 Name Addmss RESPRESENTATIVE: Bob Beever, 100 Gold Dredge ..Dr. , Oroville CA Name , SIZE: / r A ca s LOCATION: SUpERVISORAL DISTRICT # EXISTING ZONING: ZONING HISTORY: O SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: , kAforms\lead-in �jAl 2 7 1S�8 0 . 0 COMMENT DISTRIBUTION LIST APPLICATION: Gary L. Fairbanks Pacific Bell PG&E South - Oroville DATE: May 28, 1998 State Agencies County Offices and Cities: CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game Chief Administrative Officer. / ✓-,�_ Develop. Services Director Highway Patrol Public Works Director rX_ Environmental Health 9/X_ Assessor _ Department of Conservation _ Building Manager Sheriff _ - BCAG _ _ ALUC LAFCo _ APCD _ Butte Co. Farm Bureau Biggs _ Gridley Chico _ Oroville _ Paradise Chico Airport Commission Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Agricultural Commission Irrigation District: Butte Water OWID Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer Biggs/W. Gridley Water Paradise Imgation Thermalito Irrigation Durham Irrigation Richvale Irrigation Other _ California Water Service Co. _ Del Oro Water Co. Thermalito Irrigation District _ Other _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection jx— California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities Themalito Irrigation L.O.A. PUD EI Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Sterling City Sewer Main Feather River Rec. & Park _ PG&E North - Chico _ Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game _ Forestry (Attn: Craig Carter)_ Dept of Parks and Rec. _ Highway Patrol _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations _ Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service. _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.] Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ MkM"x Butte Ck. Watershed Conservancy_ 7� Schoollistricts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE; Request for Comments on a Development Application: Gary L. Fairbanks, UP 98-25 DATE: June 16, 1998 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. j t This is an application for Use Permit to allow a dos kennel to raise show dogs on property zoned A-5 (Agricultural -5 acm4 located at 3032 Louis Ave., Oroville, identified as APN 027-270-025. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 9, 1998. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 30,1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: applicant AGENT: Bob Beever DATE: May 28,1998 APN: 027-270-025 FILE #: UP 98-25 PLANNER: PROJECT DESCRIPTION: Use Permit to allow a dog kernel to raise show dogs Those items checked are conditions of approval. PLEASE CONTACT.THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 0 APPLICANT: Gary L. Fairbanks AGENT: Bob Beever FILE #: UP 98-25 DATE: May 28,1998 APN: 027-270-025 PLANNER: PROJECT DESCRIPTION: Use Permit to allow a dog kennel to raise show dogs Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. —3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. —4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. —6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. —7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. —8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance, of the Use Permit, the applicant shall pay all outstanding County fees. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16384 ISSUED aY S Ll r —:lzAo,— 777 Fll�l 7, L -t L DATE RECEIPT TOTAL NO. RECEIVED PUBLIC ORK9 LA/Co us aV PffRMIT5 AR—C MS PU8LI . C DOCUMENTS ZONING I ENV K.I.T. OTHER APPLICANT I 4, RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 16384 ISSUED aY S Ll 13 T 18 N. R. 4 E. M. D. B. 8 M. PALERMO CITRUS TRACT N0-3 28 F //\L PAI,-R,wo c'IrRus TRACT su8 No.j M.O.R. WALL lV0.5 MAY 2 7 Ole, This mal) may Of may not be a survey O f ft I- d epkedhere" Y00 'hou'd_,,,.T for : purpose other othe '.�e',toa"aZPaMat orparcefS depicted. Mid Valley Title and disclaims any tia)llnyIred damage ation which may (asuh from reliance upon this map. NOTE:These parcels are for assesiment purposes only and maynof constitute legolparcels. 58 1 27- 27 f: Assessor's Map No. 27-27 Count 0 Butte, Calif. KL 4W. REVISED, 2-94 2 (5 13.47 AC RIS 54-65 20 /1 8 18 8.o2AC al Q: 15.42 AC II J - 11.81 A, Q 4 Cx J/P* 97 7,4:j 4 58 1 27- 27 f: Assessor's Map No. 27-27 Count 0 Butte, Calif. KL 4W. REVISED, 2-94 � r t. �+�� • �•�,-^y�� 1, a_ � - J' n 1,� ! � � :� s'' -J• ��...�'� , r7�s O PpD ..��. ire.. _'��k v:�'rri )1. _ �'��[}}} �''�,{ 1�1�.,y L�Ci 11- � V/L-{yy��`t ��f',-jj '��`t k, � "-�• �.; Q e�^S-� \'TIBC\��.�IT.�•01/�a:�. ..! '1��`•��'�(l; �ef �`, �,. il:. i„�•1��•�11�r,�� LI)��0 6 r e� r�� 7 4'-- ��32 L ew /e § IN, F _ -_/� ] z ` ■ . �� •/&�\ ,. ��: §per}:� �. ��2 ��: \�� G�{� .� , y £\� d. ��z•y,�� `a � ƒ � r� ve wex S6 7,� /&Ilevlele --eA -�4' -74T-ee-5, • jt, , if 1114.11 - _ r, LJ ,,, �I> 76 dip,- u �1911)lel 0'�) 140( -c a . ;�..1 err S+CA �F.• r '•. :y-ia3�k'� .: k r t i ��t�v� �i� ��3� �6u,s �v�e_. �s �66�,�� -��f �i�� f �� 3 �7D mus � ,� fin �d u�s x n� x �ir�w,� ;� ��,i� ��,�y. V\ 0 zo U . 3q 4.0 5` 47 l zz' �N 0 1 N . U o N . 1 UP 98-25 APN 027-270-025 �, FAIRBANKS Vicinity Map CL Monte Vi CD v� .......... 0 CL arm Road ,l Villa ve ,J Louis Av NA vol hi h a -Project Location,, _-Coxjzno— v, Sr - 100 r UP 98-25 APN 027-270-025 �, FAIRBANKS 1 APN: 027-270-025-000 Occupy the home at 3032 Louis Avenue as a single family residence. I would like to continue to raise, train and show Irish Wolfhounds competitively in AKC events. The existing 34'x36' horse stable would be reconfigured to enable it to accept 4 Irish Wolfhounds in each of the four existing stalls and paddocks. There would also be four older hounds that because of their age might be kept, in the garage area, closer to the house. The pastures on the property are all fenced and cross fenced. These will be used to exercise and train the dogs. These dogs are not hunters and will not be used as such. These dogs have a very mellow disposition. They are quite large. They are not noisy, prone to barking, howling, or baying. They tend to be very docile and quiet. (commonly referred to as couch potatoes) All of these animals are pets and friends. When they have finished their show careers, they are retired and kept by us. None of our dogs are placed in other homes after they have finished their show careers. I also keep_ one or two Labrador Retrievers as personal pets. Waste from these animals would be disposed of using existing waste pick-up procedures. If required a separate septic system could be added behind the existing stable. The maximum number of dogs ever to be kept on the property could be 24. The usual number would be between four and six. All of the animals would be owned by us. We do not intend to board, train or keep dogs owned by others. .. nfQ �..•I 1� il f * f f f f f f f f f * f f Ll � * f f f ni* f f t f I f f f f f f f Fc,q -Ld Q ctnSS � TI � X R ul. a �c r r EL ............ ........... . ...... ........ rf... .......... .............. . . . . . . . . ■ aar ssu '15 .. ......... iii aT fi ..Y`v ...... ...... ... .... ......... ... .. ......... lk. .. .............. ERMO C/TRU M. D. B. a M. S TRACT NO. 3 27-2 ENUE •) _ LL) ��_rj /.• : 4 a ft0 P� O„ BAc ��raR Assessor's Map No. 27- 27 ERMO C/ rRUS TR ACT SUB : NO. NOTE:These parcels are for assessment '� M O • R. WALL NO. 5 only and may not constitu to Iegol p�a=8111s, � aunty of Butte, Calif.