Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
UP 99-22
SUMMARY. SHEET FILE #: -IIP 99-22 PROJECT TYPE APPLICANT:_ Dennis and Annette Cahoon ADDRESS: 752 Muir Ave., Chico, CA 95973 OWNER: . Sam< ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Use Permit to allow firewood processing PROPERTY ZONED: A-5 LOCATED: at 752 Muir Avenue AP#: 042-010-067 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: Orchard and Field Crops 1. Application complete: .Tune 11, 1999 Amount: $ 350.00 Receipt #: 17625 2. Comments sent to: EH, LAFCO, DEV SERV, ASSESS, APCD, ANIM CONT, PW, FARM BUR., AG COMM, CDF 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Daniel Breedon 7. Environmental Determination: State Clearinghouse No: Subject to Fish & Game: 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. Publication Notice Written: G9-;2% %/0 Display Ad Prepared: 11. Notices Mailed: a - q y Number of Notices: 12. Newspaper Publication Date: % - 90 y / O (C/ G B 13. Planning Commission Hearing(s): l0 - o7op— 9 Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): P/'? / n Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: ,• V � ' 16. N.O.E. / N.O.D.-/ PENDIX G: 0 Fish & Game Fees Paid: Yes No' 17. Send validated Use Permit:A����(1�1� 18. Assessor's Memo: JAN 2 8 2000 19. Copy of Use Permit/ Variance to Planning Technician: JAN 2 8 2000 99-412 Public Hearing - Use Permit Appeal-iDenni's_ and Annette Cahoon - 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 for the operation of a portable sawmill and wood splitter in conjunction with commercial firewood and cut lumber sales. The Use Permit allows for the storage of up to 20 cords of wood on property zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest of, and adjacent to, Muir Avenue, approximately 1,100 feet northeast of Rodeo Avenue, Chico, and identified as APN 042-010-067 (File # UP99-22 [DBI)'- action requested - 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. SUBJECT TO THE FINDING THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE AND THEIR HABITAT, APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (A 1.- 6) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, DENY THE APPEAL AND APPROVE USE PERMIT 99-22 SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT "A" OF THE STAFF REPORT DATED DECEMBER 14, 1999. (2762)(**00) PUBLIC HEARING OPENED: 10:34 A.M. PUBLIC HEARING CLOSED: 11:10 A.M. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - DECEMBER 14, 1999 -_,w MOTION: I MOVE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT. M VOTE: 1 2 3 4 5 (MOTION DIES FOR LACK OF SECOND) MOTION: I MOVE TO DENY THE APPEAL AND APPROVE THE USE PERMIT SUBJECT TO THE CONDITIONS THAT THE USE PERMIT IS LIMITED TO 3 YEARS, THAT THE HOURS OF OPERATION BE LIMITED TO 2 HOURS PER DAY, 5 DAYS A WEEK; AND THAT CONDITION 7 AND 13 ARE TO REMAIN AS RECOMMENDED BY STAFF. I FURTHER MOVE THAT SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, ADOPT A MITIGATED NEGATIVE DECLARATION;' AND SUBJECT TO THE FINDING THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE AND THEIR HABITAT, APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES. M VOTE: 1 2 3 4 5 (MOTION DIES FOR LACK OF SECOND) 99-412 MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, I MOVE TO ADOPT A MITIGATED NEGATIVE . DECLARATION. SUBJECT TO THE FINDING THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE AND THEIR HABITAT, I FURTHER MOVE TO APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND SUBJECT TO FINDINGS III (A 1 - 6) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, I MOVE TO DENY THE APPEAL AND APPROVE USE PERMIT 99- 22 SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT "A" OF THE STAFF REPORT DATED DECEMBER 14, 1999. M S VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - DECEMBER 14, 1999 Dennis and Annette Cahoon, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow for the operation of a portable sawmill and wood splitter in conjunction with commercial firewood and cut lumber sales. The Use Permit also allows for the storage of up to 20 cords of wood on property zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest of and adjacent to Muir Avenue, approximately 1,100 feet northeast of Rodeo Avenue, Chico. APN 042-010-067 (File #UP 99-22) (DB) (VIDEO) A video of the site was shown. Mr. Breedon gave a brief summary of the project. He discussed the noise problems related with this type of project. It was noted that a letter was received from Mr. Wymer in opposition, and a petition from Don Cadwell in favor. The hearing was opened to the public. Dennis and Annette Cahoon. Ms. Cahoon said she had questions on some of the conditions. She said on Condition 3 she would like it to be 8:00 a.m. to sundown instead of 5:00 p.m., on Condition 10 she said they were never told there would be a limit on the length of the permit and that they would have to re -apply and go through the process again. On Condition 4 the seven foot fence has been done at their expense. She said 250 feet to the back of the property would be excessive. She said the barrier structure should only be required next to the sawmill. She asked if the noise levels are 75 dBs or 65 dBs at the property line. She said the dBs would decrease by the time it gets to the property line. She said the neighbors are 450 feet away. Commissioner Lambert said the house might be 450 feet away, but not the property line. Ms. Cahoon asked about the encroachment permit being needed. Commissioner Mooney said they should talk to Public Works and apply for the encroachment permit. He said there is little or no cost. There was a brief discussion on easements. Mr. Cahoon said he has had the mill there since 1992. He said the Use Permit is really for firewood. He said he would like to solve the problems with the neighbor. Commissioner Cage asked if they use Eaton Road or not. Ms. Cahoon said they can use the dirt road if they want to along Muir Avenue. She said the dirt road is an easement. She said Eaton Road does not connect through here. Mr. Wymer said the distance between his house and the Cahoon's is 350 feet. He said he has kiwis between his house and the property line with the Cahoons. He said he spends a lot of time outside with the kiwis during the time Mr. Cahoon is sawing. He said he uses the tractor at 9:00 a.m. He said he has been working next to this noise for five years. He read #3 b, Line 5, of Code Section 24-90. Chairman Leland said the Code allows for a mill, with a Use Permit. Mr. Wymer said he is concerned with his property values. He said they will go down if the sawmill is allowed to go in. He said the whole area will be affected dollar wise. He was against this project. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 OCTOBER 28, 1999 ■ Russell May said he is the third closest neighbor and no noise has bothered him:.- He had -no objections to this project. He said there is a row of trees that do retard the noise. Ms. Cahoon said with the Use Permit or not the sawmill will remain., She noted that they can cut firewood for themselves. She said the Use Permit is to be able to sell the wood. She said no one besides Mr. Wymer is concerned with property values. Mr. Wymer said the trees are dying and are temporary. He said the noise is a problem. Commissioner Cage asked how .the Bell Muir Plan affects this area. She said the Plan has not been implemented. Commissioner Mooney asked about moving the sawmill to the other side of the property. Mr. Cahoon said it would not be convenient to move the mill. 2 The hearing was closed. Mr. Breedon said the point source would be measured at the property line. There was a brief discussion on the Noise Element standards. Commissioner Lambert said the future leans to this area becoming residential. She said she did not see this area going back to large parcels. She said the problem with the Use Permit is that it runs with the land. She said she could not approve this permit knowing the area will change to residential. Chairman Leland said the use is compatible with an agricultural area and that is what the land is now. He said even though this is a transitional area, which is moving someday to a residential area, he is inclined to approve the Use Permit. He said they could review the permit in 5 years and either change the conditions or revoke the permit at that time if the character of the area changes. He discussed moving the mill to the other side of the property. Mr. Breedon said anywhere in the middle would be more acceptable. Chairman Leland said he was inclined to move it to the other side of the property. He said it could be in an enclosed structure or 50 feet from the property line. Commissioner Lambert said she would have difficulty finding this compatible without a time limit. Commissioner Mooney said they could review this in five years and move the operation closer to the north property line. Chairman Leland said that inside a building would be fine with him. He said the focus would be on Alternative 1. He said the dBs should be 65 at the property line. Commissioner Lambert suggested a Motion of Intent, add a five year review, put the mill inside a building, dB restrictions should be a residential level of 65 at the property line. Chairman Leland said to get it down to 65 dBs it should be left up to the applicant to do it any way he can. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 28, 1999 ■ Commissioner Lambert said the mill should be in a building, there should be a 5 year review, 65 dBs at the property line and Condition 3 should be changed to sundown. Mr. Parilo said they need to be specific on whether to modify conditions or revoke the permit in five years. He said they could use the phrase "depending on the character of the area." Commissioner Lambert said they should just review the permit at the end of five years. Chairman Leland said the standards should be stated. Commissioner Lambert said they need this within a building and a five year review. Chairman Leland said the issue is noise and 65 dB should be done any way the applicant can accomplish this level, whether it be in a building or not. It was moved by Commissioner Lambert to deny the Use Permit as being incompatible because of noise and other aspects of storing wood. The motion failed for a lack of a second. Commissioner Mooney said he would like to see this moved to the other side of the property. Chairman Leland said they can require 65 dB at the property line. It was moved by Commissioner Mooney, seconded by Chairman Leland, and carried to approve the Use Permit for Dennis and Annette Cahoon, UP 99-22, subject to the findings in Alternative 1 and conditions listed below, changing Condition 3 from "5:00 p.m." to "sundown"; change Condition 10 to read "This Use Permit shall be reviewed at the end of 5 years from the effective approval date for. modification of either the conditions or the duration in response to changes in the neighborhood towards a more residential character.", and adding a new Condition 13 "that the operations that are subject to Use Permit do not produce a dB level higher than 65 at the property's boundaries." and re -number remaining conditions. Chairman Leland said the findings in Alternative 1 are that the noise level for agricultural operations is 75 dB, and they can still make that finding, yet condition this on 65 dB at the property line. I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental effects, and includes mitigation measures that would mitigate such effects below significant levels; B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance, and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their 0 BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 OCTOBER 28, 1999 ■ habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Use Permit, UP 99-22, subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: The General Plan's Noise Element indicates that noise levels should not exceed 75 decibels in agricultural areas. The General Plan designates this area as Orchard and Field Crops with agricultural uses listed as primary uses. The Noise Element of the General Plan allows for greater noise levels in areas designated as agricultural by the General Plan. The project is determined to be similar in nature to surrounding agricultural uses such as woodcutting, splitting, and chain saw operation which are routine activities within agricultural areas in Butte County. 2 Inclusion of Mitigation Measures #3 and #4 regarding hours of operation and provides for screening, will limit noise impact to surrounding dwellings to levels that are similar in level to agricultural areas in accordance with the Noise Element of the Butte County General Plan. 3. Environmental factors of the site such as distance to surrounding .dwellings and vegetative screening help to attenuate noise impact to surrounding dwellings. 4. The intermittent nature of the use limits noise impact. 5. Inclusion of Mitigation Measure #1 provides that any dust generated by the project shall be abated through ground watering or other means, and shall comply with the requirements of the Butte County Air Pollution Control District. 6. Inclusion of Mitigation Measures #2 and #5 provides for clearance of vegetation around equipment to limit fire hazard and maintenance of access for firefighting equipment in accordance with the Fire Safe Regulations (PRC 4290). Conditions of Approval: During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. (Mitigation Measure #1) 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities'including wood splitting, cutting and storage. No dead grass is allowed within any setback area. (Mitigation Measure #2) ■ BUTTE COUNTY PLANNING COMMISSION 0 MINUTES ■ OCTOBER 28, 1999 ■ 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. (Mitigation Measure #3) 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. (Mitigation Measure #4) In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. (Mitigation Measure #5) 6. No more than 20 cords of wood shall be stored on-site in conjunction with this Use Permit. 7. No customers, clients or employees, besides family members who live on-site, are permitted on-site. 8. All firewood or lumber shall be delivered by the operator. No firewood or lumber shall be picked -up at the property by customers or clients. 9. No signage is allowed in conjunction with this Use Permit. 10. This Use Permit shall be reviewed at the end of 5 years from the affective approval date for modification of either the conditions or the duration in response to changes in the neighborhood towards a more residential character. 11. Comply with all other applicable State and local statutes, ordinances and regulations. 12. Prior to use of the site for wood processing the applicant shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. 13. The operations, subject to the Use Permit, do not produce a dB level higher than 65 dBs at the property's boundaries. Land Development Division 14. The easement which connects to Eaton Road, and is located behind the applicant's property shall remain unobstructed. 15. Prior to Use Permit issuance, obtain an Encroachment Permit for the existing driveway approach and construct to County standards, as specified by County Improvement Standards. AYES: Commissioners Cage and Mooney, and Chairman Leland NOES: Commissioner Lambert ABSENT: Commissioner Nelson ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ OCTOBER 28, 1999 ■ DEPARTME4 OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION FLr r Lji%—Aii ji : Agent iftrormation to De provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required ) ASSESSOR'S PARCEL NUMBER: T)P-nni5 A, CAhon and Arm Nhwn 14-1-616- 06-7 ADDRESS:CITY, STATE & ZEF CODE. FILE NUMBER. (FOR OFFICE USE) '75Z 14wir Ave, �,Wco, �A (15q-733 NAME OF PROPOSED PROJECT (If any) TELEPHONE (5*30) 994-58a( LOCATION OF PROJECT ( Major cross streets and Address, "y '75,2 Muir Ave, Chicb. Ch (Muir Ave, - qn d Be II Pd - GENERAL INFORMATION REQUIRED OWNER'S NAME Dennis A-. Cahoon and hnncffe- Cahoon ADDRESS: (75a M,jr Av(,, Ch CoiC CITY, STATE & 22P CODE. A q5?73 TELEPHONE (6-30) kqq-5ka� ZONE GENERAL PLAN a EXISTING LAND USE' USE PERMIT SITE SIM ( in Square Feet or Aare A9 5 1 . C)FC iecsider)-ho I 6wd 4qKi-Cc& 1+um 1 1 5 Acres EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) H1545f- 115sqftj DEVELOPMENT AGREEMENT 6aragr, 48O -sq 1 f84 rn :24.sq 1+1 f7bnc (Check One) (Cbock One) E3 PROPERTY IS OR PROPOSED TO BE SEWERED [3 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER W PROPERTY IS OR PROPOSED TO BE ON SEPTIC 0 PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED 1--3 GENERAL RAN AMENDMENT 13 REZONE M USE PERMIT E3 MINOR USE PERMIT 0 VARIANCE [3 MINOR VARIANCE [3 ADMINISTRATIVE PERMIT E3 DEVELOPMENT AGREEMENT [3 TENTATIVE SUBDIVISION MAP [3 TENTATIVE PARCEL MAP [3 WAIVER OF PARCEL MAP r-1 BOUNDARY LINE MODIFICATION E3 LEGAL LOT DETERMINATION E3 CERTIFICATE OF MERGER r.3 MINING AND RECLAMATION PLAN E3 OTHER PROJECT DESCRIMON FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division describe e number and size of parcels.) WOO +p I I owi na a-ffacheA JU 1999 OWNER CERTIFICATION I CERTIFY THAT I XM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF MS APPLICATION AND CERTIFY HAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authorized, execute an affidavit of authorization and iFf this a DATE: Jide the affidavit PIP' aff (—It' -9R SIGNATURE:zgcz,-,� 6 AGENT AUTHORIZAAN To Butte County, Department of Development Services; Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this applicatio for: on my property, identified as Butte County Assessor Parcel Number: This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to title -interest. Owner(s) of Record: (sign and print name) Print Name Print Nance Signature I Signature Architect and/or Engineer: Print Name of AmhiteLtUginea and Phone Number r Mailing Address Current fee for this application is $ as of Make check payable to `Butte County Treasurer". Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. FOR OFFICE USE ONLY Taken by Date Received: Total Amount Received: Receipt No. Planning E.H. Land Dev. Fire Dept. _ AP Number(s) _ Legal Description Owners Authorization _ Zoning Requirements Project Description — Copies of Plot Plan Project Description I am applying for a Use Permit so I may cut and sell firewood on my property on an occasional basis. I do not intend to make this a full time business, but I would like to be able to sell occasional cords if I so desire. i live on Ag. 5 property, and currently obtain firewood for my own personal use from the almond orchard adjacent to my property: I currently cut, split, and store approximately 4-5 cords for my own personal use. If I am approved for this Use Permit I do not anticipate storing more than 20 cords at a given time. This figure may fluctuate due to supply of available wood from the orchard, There may be times when due to storms blowing over trees, that there is more wood available; but there also may be many times when I will have much less than the 20 cord figure. I also have a small portable sawmill that I have used to cut boards for my own use, mostly to fence my property. I would continue to use my sawmill for this purpose, and if I am approved for the Use Permit I would like to have the ability to cut lumber, again on a limited basis, for friends, family, or others. Manning Division U N 1 1 1999 Oroville, Caliiomia 0 • COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner and/or develops , and/ r pro's sponsor: De,nni,5 . Cahon qrl� nefle oorn 2. Address of project: -7 5a Muir Ave, ChiCa CA 9b973 Assessors Parcel Number: 4 a — 010 — n(al 3. Name, address, and telephone number of person to be contacted concerning this project: Dennis or Annette Cahoon ?R4- 58a(o or 891 -y008 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: AQ 5 6. Existing zoning district: 5 7. How island currently used? r' 8. Proposed use of$e (Project for which this form isfiled i na AVtd Sb n4 0 wood Thr oirson.a l use- lud : �r u sale. Project Description: s. site size: 5acres, blrt- only a�small portt'on will b� used rAtProJ�(Acres/Sq.Feet) 10. Off-street parking spaces: Full size: (lone needed Compact: hone- Total: AonG 11. Plans attached Yes ✓, No 12. Proosed development schedule OIO r) e SG edu 0/ 1'i G on 1v dorl eOti aA o/mal 13. Associated projects 46npl 14. Anticipated incremental or phased development licit mel ca bic. 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. (lOfi aPPI i Cable 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. see -Allowing G T *4 she8r 17. If industrial, indicate type, estimated employment per shift, and loading facilities. Mt app/ ;cable,. Planning Division ❑ Butte County Department of Development Services ❑ Planning Division t? L N 1 11999 Crowle, CAbaga " 1 16. This would not be a commercial business as such. There will be no employees, no in. and out traffic, only occasional cords of wood that would be cut, split, and delivered. This would be done on a part-time basis. I would maintain the cutting and splitting of wood between the hours of 8. AM and 8 PM.' C� 0 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. n o f Qpp l i CQ We- 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 Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. _ _ 21. Change in scenic. views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ ✓ 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality drainage or quantity, or alteration of existing patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. _ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ ✓ 30. Substantially increase fossil fuel consumption ✓ (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ Sem - Vo ll o w r U a -ach�i �he�f' r card s � numbers 0 Butte County Department of Development Services 0 Planning Division 0 K 24 & 26: Since -the proposed area is zoned -Ag5;Ido not feel that this project will cause a significant difference in the day to day living in our area in regards to dust or noise. The -property directly -to the -south -of mine.holds 5 acres of walnuts; the property directly to the west of mine is 10 acres of kiwis, the property to the north is an almond orchard; and the property directly to the east is an oat hay field. I do not feel that the cutting and splitting of my firewood will even be noticeable considering that in any of the surrounding properties chainsaws, helicopter spraying, tractors, sprayers, mulching machines, tree -shakers, or mowing are running on a daily basis. I feel that any noise or dust produced by- my activities -will be.rminor in -comparison. Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will, be accepted. .5eedvllowinq a-�Acd ShLe�l- 33. Describe the surrounding properties, including info ation on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Sr_t fo l l o vwIna a.*A. sheet. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this inMal evaluation to the best of my ability, and that the facts, statements, and information presented are true and co7e t to the best of my kno edg and belief. /2. / - Date Signature for K:\FORMS\SUBMITTAL\EW--INFO 0 Butte County Department of Development Services 0 Planning Division ❑ 3 • �E 32. As I have stated before the property proposed site is an agricultural area. My 5 acres holds my family residence,:a 24' X 48' modular home, a 2 car garage, a barn/storage area, and a small animal barn for my children's 4-H projects. The remainder of the property is currently sown in oats for hay, and will continue to be in the future. The topography is flat, and the only trees, other than landscaping in the yard, are poplar trees along the property line and a Black walnut on the front of the property. None of these trees would be effected by the proposed project. 33. The properties that are adjacent to my 5 acres are also zoned Ag.5. They are for the most part properties that contain a single family residence and some sort of agricultural business. The property that lies directly to the north is an almond orchard, to the east is an open field sown in oats, to the south is a walnut orchard, and to the west is a kiwi orchard. There is a great deal of activity associated with the maintenance of these agricultural businesses. As I stated before, at any given time there are mowers, chainsaws, sprayers, tractors, and various pieces of harvest equipment running. As you spread out beyond my immediate neighbors, the properties are also zoned Ag.5. Again they are mostly single family residences with a wide variety of additional -uses. Some are also used for agriculture, some are horse properties, and one neighbor has a retail tree nursery business and a large cabinet -building shop on his property EL STATUS: AC M�B0E�TI RD ��EDITH D 276 RESOURCES LANE COHASSET CA 95973 EL:C041 ,610 0W 800 STATUS: AC CAHOON DENNIS A EL: 042 050 072 000 STATUS: AC . NIX MARC STEPHEN 3377 NORD AVE CHICO CA 95973 752 MUIR AVE CHICO CA 95926 E0042 -060-00E000 STATUS: AC MINTO MERRILL V & SHARLENE I EL: 042 010 044 000 STATUS: AC ( WARREN JAMES L & PAMELA A JT 834 MUIR AVE , ii . CHICO CA 95973 ' _ r u Vu^ I/u / PARADISE CA 95967 EL: 042 060 005 000 ADAMS LOYD & SHIRLEY EL: 042 010 068 000 STATUS: AC BETTY MONTY & KATHLEEN 878 MUIR AVE 3634 BELL RD CHICO CA 95926 EL: 042 010 078 000 STATUS: AC BROWN ROBERT KELLY & JOAN ANN CP 3764 BELL RD CHICO CA 95926 EL: 042 010 086 000 STATUS: AC WYMER JACK L X" MARCIA L JT 814 MUIR AVE CHICO CA 95926 EL: 042 010 087 000 - STATUS: AC � BURGER SHERYL A ESTATE OF � BRIGHT KAREN LOUISE ETAL | 14444 S W FERN* ST (. TIGARD OR 97223 EL: 042 010 096 000 STATUS: AC PAIVA JAMES M & GERALDINE ETAL 13193 CARMEN AVE CHICO CA 95926 Et:_0��2050 064'000- STATUS: AC GREEN ROY S ETAL 785 MUIR CHICO CA 95926 EL: 042 050 066 000 STATUS: AC MAY RUSSELL H & JAYNE H 3653 BELL RD CHICO CA 95926 -----'-- STATUS: AC / �r � � �� � CHICO CA 95926 EL: 042 060 006 000 STATUS: AC WENDEL JOHN C & EVA M 892 MUIR AVE CHICO CA 95926 EL: 042 060 007 000 STATUS: AC REYNOLDS CHARLES R ETAL 6588 LUCERNE COURT REDDING CA 96001 EL: 042 060 008 000 STATUS: AC WOOD DELORES L ' 938 MUIR AVE CHICO CA 95973 - - -- ' ' --- EL: 042 060 013 000 STATUS: AC IMHOFF ROBERTA L REVOCABLE TRUST ` IMHOFF ROBERTA L TRUSTEE 3310 RODEO AVE CHICO CA 95973 EL: 042 060 080 000 STATUS: AC SHELDON ROGER BURLEIGH SS 866 MUIR AVE CHICO CA 95973 4a A, L, .•� e� , s -T- 4�'+OL12-��©—�b� LAD A rT y� d?8 3Loro hT ,. 0k-12— 0 s — tA Cg� 0 � _ 1 M ] pp �•�ii, I " � � it v!•�,e�' � � `t. M ] pp �•�ii, I Date/Slip# Description 11/01/99 Lynn R. / C #26518 Clerical 11/15/99 Dan B. / P #26832 Processing 11/15/99 Lynn R. / C #26889 Clerical 11/29/99 Lynn R. / C #27170 Clerical 12/13/99 Dan B. / P #27288 Processing 12/13/99 Lynn R. / C #27393 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS HOURS/RATE AMOUNT TOTAL 0.50 22.50 45.00 10.00 590.00 *Development 1.00 D ,te�07/11/00'" Services DepaXent Time 3:39 pm Applicant Billing Worksheet Page 1 APL 00-04 * Jack & Marcia'Wymer 814 Muir Avenue Chico, CA 95973 In reference to APL 00-04 for UP 99-22 Rounding None Full Precision No Last bill Last charge 12/24/99 Last payment / / Amount $0.00 Date/Slip# Description 11/01/99 Lynn R. / C #26518 Clerical 11/15/99 Dan B. / P #26832 Processing 11/15/99 Lynn R. / C #26889 Clerical 11/29/99 Lynn R. / C #27170 Clerical 12/13/99 Dan B. / P #27288 Processing 12/13/99 Lynn R. / C #27393 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS HOURS/RATE AMOUNT TOTAL 0.50 22.50 45.00 10.00 590.00 59.00 1.00 45.00 45.00 3.00 135.00 45.00 3.00 177.00 59.00 0.50 22.50 45.00 18.00 TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 11/01/99 Deposit - Receipt #272280 (50.00) 07/07/00 Non -Deposit Application (942.00) $992.00 $0.00 $992.00 TOTAL PAYMENTS/REFUNDS/CREDITS ($992.00) Date 07/11/00 Development Services Depa*ent Time 3:39 pm Applicant Billing Worksheet Page 2 APL 00-04 * :Jack & Marcia Wymer (continued) NEW BALANCE TOTAL NEW BALANCE $0.00 q L411? L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net June 26, 2000 Dennis & Annette Cahoon 752 Muir Avenue Chico, CA 95973 RE: Use Permit, File No. UP 99-22 AP#042-010-067 Dear Mr. & Mrs. Cahoon: Enclosed is Receipt No. 18494 in the amount of $511.25 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, 1 Thomas A. Parilo Director of Development Services TAP:jb Enclosure Date 06/26/00 Time 7:50 am UP 99-22 * In reference to Rounding Full Precision •Development Services Departent Applicant Billing Worksheet Dennis & Annette Cahoon 752 Muir Avenue Chico, CA 96973 UP 99-22 None No Last bill Last charge 12/24/99 Last payment / / Amount Date/Slip# Description 06/14/99 Larry P. / P #23828 Processing 06/14/99 Teri B. / C #23839 Clerical 06/14/99 Steve L. / LR #23869 LAFCo Review 06/14/99 Lara B. / C #23911 Clerical 08/09/99 Dan B. / P #24975 Processing 09/20/99 Dan B. / P #25720 Processing 09/20/99 Lynn R. / C #25829 Clerical 10/04/99 Lynn R. / C #26029 Clerical 10/04/99 Dan B. / P #26073 Processing 10/18/99 Larry P. / P #26302 Processing 10/18/99 Lynn R. / C #26324 Clerical 10/18/99 Paula A. / C #26340 Clerical : $0.00 Page 1 HOURS/RATE AMOUNT TOTAL 1.50 88.50 59.00 2.00 68.00 34.00 0.25 14.75 59.00 0.25 8.50 34.00 0.50 29.50 59.00 7.25 427.75 59.00 0.50 22.50 45.00 0.50 22.50 45.00 1.75 103.25 59.00 1.50 88.50 DO NOT BILL 59.00 1.50 67.50 45.00 1.00 34.00 34.00 Date 06/26/00. Time 7:50 am UP 99-22 * 4kevelopment Services Deparfent Applicant Billing Worksheet :Dennis & Annette Cahoon (continued) Date/Slip# Description HOURS/RATE 10/18/99 Dan B. / P 5.50 #26348 Processing 59.00 11/01/99 Lynn R. / C 1.50 #26514 Clerical 45.00 12/13/99 Paula A. / C 0.50 #27277 Clerical 34.00 TOTAL BILLABLE TIME CHARGES TOTAL DO NOT BILL TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 06/11/99 Deposit - Receipt #17625 06/23/00 Deposit - Receipt #18494 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE Page 2 AMOUNT TOTAL 324.50 67.50 DO NOT BILL 17.00 DO NOT BILL 22.50 $1,211.25 3.50 $173.00 $0.00 $1,211.25 (700.00) (511.25) ($1,211.25) TOTAL NEW BALANCE $0.00 6�i}fou � �yy:511zs 511 00�2oto 067 ... O.(a 0C/ ' DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18494 ISSU 4 3 7( u P q qzZ _- - - -- - June 14, 2000 Dennis & Annette Cahoon 752 Muir Avenue Chico, CA 95973 Bret--,� • utte L A N D O F NATURAL WEALTH A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net RE: Use Permit, File No. UP 99-22 AP#042-010-067 Dear Mr. & Mrs. Cahoon: Per our discussion on Tuesday, June 13, 2000, your balance has been amended from $684.25 to. $511.25. Please make a check payable to the Butte County Treasurer in the amount of $511.25 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, California 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday through Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. . Sincerely, Brian Larsen Principal Analyst BL.jb Enclosure May 19, 1999 Dennis & Annette Cahoon 752 Muir Avenue Chico, CA 95973 RE: Use Permit, File No. UP 99-22 Dear Mr. & Mrs. Cahoon: • �, utte coulm L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buftecounty.net A letter dated March 3, 2000, was mailed to you requesting that you remit a check payable to the Butte County Treasurer in the amount of $684.25 because the costs to process your above -referenced application exceeded your deposit of $700.00 by $684.25. We have not yet received payment. Please make a check payable to the Butte County Treasurer in the amount of $684.25 and remit it to the Planning Division at 7 County Center Drive, Oroville, California 95965 within 15 calendar days. Should we not receive your final payment, we must turn this account over to Butte County Central Collections. 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 Attachment j:\docs\refunds\f-notice.wpd .. March 3, 2000 Dennis & Annette Cahoon 752 Muir Avenue Chico, CA 95973 RE: Use Permit, File No. UP 99-22 Dear Mr. & Mrs. Cahoon: �aite count L A N D O F NAT U RA L W EA LT H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net The total cost for the processing of the above -referenced application which was approved by the Board of Supervisors on December 14, 1999, is $1,384.25. As of June 11, 1999, a deposit was made in the amount of $700.00. The cost exceeded the deposit by $684.25. Below is a breakdown: Deposit on 6-11-99, Receipt No. 17625 $ 700.00 Professional Planner $ 899.75 Mapping $ 177.00 Clerical $ 307.50 Total $1,384.25 Total Amount Due & Payable $ 684.25 Please make a check payable to the Butte County Treasurer in the amount of $684.25 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, 2 Thomas A. Paril6 Director of Development Services TAP Jb 0 NOTICE OF DETERMINATION a TO: _ Office of Plan.& Research Dept. Q 1400 Tenth Street Sacramento, CA 95814 AN 6 2000 X Butte County Clerk CAN A FROM: Butte County Planning E . CLERK 7 County Center Dr., Oroville 95965 DEPUTY, SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 99-22, Use Permit AP Number: 042-010-067 Applicant: Dennis and Annette Cahoon, 752 Muir Ave., Chico, CA 95973 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Daniel Breedon Telephone Number: 538-7601 Project Location: at 752 Muir Avenue, Chico Project Description: Use Permit to allow for the intermittent operation of a portable sawmill and logsplitter and the storage of wood in conjunction with commercial firwood and cut lumber sales.firewood processing This is to advise that the Butte County Board of Supervisors has approved the above-described project on December 14,1999, 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 Randy Wils Principal Planner • During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. 5. In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. ( DECLARATION OF FEES DUE ) Ca ornia Fish and Game Code Section 1 .4 NAME AND ADDRESS OF APPLICANT Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 (530) 894-5826 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18115 2. () NON-PAYMENT: The above fees are'required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: January 3, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 99-22, at 752 Muir Avenue, Chico Project Description: Use Permit to allow firewood processing 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. By: Randy Wilson Principal Planner Lead Agency: County of Butte Date: 1 ` V -20o r1 RECEIPT 18115 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING DENNIS A. CAHOON CDL 50106019 .4318 762 MUIR AVE (630) 8946826 11-35/1210 CHICO, CA, 96973 Date/� JD3 19? 753 Order e �a C6� �J,i r� r $ �.5°� B, DollarsFive- DcMa' ��•. s Bank of America customer since North Valley Plaza Branch #0763 _ 1� 9 8 5 -5� 801 East Avenue Chico, CA 96926 (530) 898-2120 For MAI. -I ----- tir 1: L2 1000 3 581:4 3 L81110 7 5 34111680 390 mp I 0 RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOEMOO OTHER APPLICANT RECEIVED FROM DATE NO. RECEIVED WORKS SALES HEALTH F/G FEE RECEIPT 18115 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING DENNIS A. CAHOON CDL 50106019 .4318 762 MUIR AVE (630) 8946826 11-35/1210 CHICO, CA, 96973 Date/� JD3 19? 753 Order e �a C6� �J,i r� r $ �.5°� B, DollarsFive- DcMa' ��•. s Bank of America customer since North Valley Plaza Branch #0763 _ 1� 9 8 5 -5� 801 East Avenue Chico, CA 96926 (530) 898-2120 For MAI. -I ----- tir 1: L2 1000 3 581:4 3 L81110 7 5 34111680 390 mp I 0 2 January 28, 2000 Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 Re: Use Permit, AP 042-010-067 Dear Mr. and Mrs. Cahoon: 0 - t Count u te L AN D O F NATURAL WEALTH A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net Enclosed is your validated Use Permit No. UP 99-22 to allow firewood processing. Located at 752 Muir Avenue, Chico. Property is zoned A-5 (Agricultural -5 acres). Prior to operations, a site visit is necessary to be conducted by the Planning Division, per condition #12, to ensure compliance with Use Permit 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- 2.9 8 037 968 Sincerely, Receipt for Certified Mail Thomas A. Parilo No Insurance Coverage Provided �� Do not use for International Mail W' "" Director of Development Services ° ��"��' Idav/ Paula Atterberry Tr Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\lemp\up7 I � lT i N C C 0 00 M E 0 LL N a Sit o. P / e n IP de Postage Certified Fee Special Delivery Fee %testricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return ReceiptShowingto Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date JAN 2 8 2000 USE PERMIT • BUTTE COUNTY BOARD OF SUPERVISORS JAN 2 8 2000 DATE: (Certified Mail Rec.) UP 99-22 PERMIT NO. 042-010-067 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below Dennis and Annette Cahoon is hereby granted a Use Permit in accordance with application filed to. allow for the .operation of a portable s .wmill and log -splitter in conjunction with the selling and processing of wood not grown on site. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. ; 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. ' 4. If any use for which a Use Permit has b0611 granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: 1. During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. (Mitigation Measure #1) 'tee. 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. (Mitigation Measure #2) 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown p.m., Monday through Sunday. (Mitigation Measure #3) 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. (Mitigation. Measure #4) In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus. to all structures. (Mitigation Measure #5) ' 6. No more than 20 cords of wood shall be stored on-site in conjunction with this Use Permit. 7. No customers, clients or employees, besides family members who live on-site, are permitted on-site. All firewood or lumber shall be delivered by the operator. No firewood or lumber shall be picked -up at the property by customers or clients. 9. No signage is allowed in conjunction with this Use Permit. 10. This Use Permit shall be reviewed at the end of 5 years from the affective approval date for modification of either the conditions or the duration in response to changes in the neighborhood towards a more residential character. 11. Comply with all other applicable State and local statutes, ordinances and regulations. 12. Prior to use of the site for wood processing the applicant shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. 13. The operations, subject to the Use Permit, do not produce a dB level higher than 65 dBs.at the property's boundaries. 14. The easement which connects to Eaton Road, and is located behind the applicant's property shall remain unobstructed. 2 0 15. Prior to Use Permit issuance, obtain an Encroachment Permit for the existing driveway approach and construct to County standards, as specified by County Improvement Standards. 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. h Dated: �a�a3Ig(� C2,C.") 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. CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF 3 of Supervisors Chai6 E C / C�oJ - fL jc ©C� Q �' � So'>J � �od ©C) � C> 0,'• saa�, �old�Q 0 0�d cam' 1 I d coo ---------- --- - �cp' 6'wa�dTenee-7--------------- ---- I I 1 s I �7S'QL-9 ii Snead -O �j Uj °ravel dr%ve ay-��� o � 1 VwOCd-FencO G LO • 1 III— T ^' a� 1 r iT -r • ' 1 oO/ L— D C- 10eti ::.,ct: L''✓oodfutct 7 i I I I 1 s I -O �j Uj o .57' APPR.OVED Development Plan DATE JAN 2 S 2000 USE PERMIT VARIANCE MINOR U.P., -ADM.PERMIT PLANNING COMMISS. DIRECTOR OF DEVELOPMENT SERVICES 14 6 r- f w. -O �j Uj o � .57' APPR.OVED Development Plan DATE JAN 2 S 2000 USE PERMIT VARIANCE MINOR U.P., -ADM.PERMIT PLANNING COMMISS. DIRECTOR OF DEVELOPMENT SERVICES 14 6 r- f w. SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive thF ■Complete items 3, 4a, and 4b. following services (for an ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this forth to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to:. 6v��1W 4a. A e r � S, cei�s/� ervice Type ❑ Registered Certified Q cJ F ❑Express Mail ❑Insured ❑Return Receipt for Merchandise ❑COD 7. Date of Delivery r 5. Received By: (Print Name) 8. Addressee's Address (Only if requested ; and fee is paid) ; 6. Signatu (Addressee orAget)t) ��' ) C' 1 i! itl I!! s!If it i ili X i Int ttl tiFt Ilt t ttl 1 PS For, 3811, December 1994 Domestic Return ReCE 0.1 ' 1 D STATES POSTAL SERVICE \� y1 n. 1 1, £9 'AIJ • Print your 57 ��Irst ass§§-my1 l� _o`€' s g-�Fees`Paid perms o. G" Ss, and ZIP Bode in this,4ox�� COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive 0mville, CA 959653397 l !1 ! 1 11 11 it 1 A!! III! 1 11 J _. ... _.•?'•�'•:'•-^T f/H7111111/lfilii111111111U IIN111111111l A!!III! 11111/111. Date 03/03/00 Development Services Depaz#,Cent Time 10:29 am Applicant Billing Worksheet Page 1 APL 00-04 * Jack & Marcia Wymer 814 Muir Avenue Chico, CA 95973 In reference to APL 00-04 for UP 99-22 Rounding None Full Precision No Last bill Last charge 12/24/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 11/01/99 Lynn R. / C 0.50 22.50 #26518 Clerical 45.00 11/15/99 Dan B. / P 10.00 590.00 #26832 Processing 59.00 11/15/99 Lynn R. / C 1.00 45.00 #26889 Clerical 45.00 11/29/99 Lynn R. / C 3.00 135.00 #27170 Clerical 45.00 12/13/99 Dan B. / P 3.00 177.00 #27288 Processing 59.00 12/13/99 Lynn R. / C 0.50 22.50 #27393 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 18.00 $992.00 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $992.00 PAYMENTS/REFUNDS/CREDITS 11/01/99 Deposit - Receipt #272280 (50.00) ($50.00) TOTAL PAYMENTS/REFUNDS/CREDITS Date 03/03/00 Development Services Depar0ent Time 10:29 am Applicant Billing Worksheet APL 00-04 * :Jack & Marcia Wymer (continued) NEW BALANCE New Current period 942.00 Page 2 TOTAL NEW BALANCE $942.00 E MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Dennis and Annette Cahoon, UP 99-22 DATE: January 28, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 042-010-067, was: Rezone from to zoning district. Granted a variance to Issued a conditional Use Permit to allow firewood processing, located at 752 Muir Avenue, Chico. Property is zoned A-5�(Agricultural-5 acres). 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. 042-010-067 2. NAME AND ADDRESS OF PROJECT APPLICANT: Dennis and Annette Cahoon, 752 Muir Ave.,Chico, CA 95973 3. DESCRIPTION OF PROJECT: Use Permit to allow firewood processing 4. LOCATION OF PROJECT: at 752 Muir Avenue, Chico 5. MITIGATION MEASURES: See attached 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: X Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Board of Supervisors Date of Determination: December 14, 1999 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 fmd the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. -2L 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 DECLARATION is hereby adopted. Dolan, Ohairman Coulftayl pf ligation Measures: • i During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. 0 • NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. --` I 1400 Tenth Street L� Sacramento, CA 95814 X Butte County Clerk JAN 6 2000 FROM: Butte County4Planning CO. CLERK 7 County Center Dr., Oroville 95965 DAC DEPUI SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 99-22, Use Permit AP Number: 042-010-067 Applicant: Dennis and Annette Cahoon, 752 Muir Ave., Chico, CA 95973 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Daniel Breedon Telephone Number: 538-7601 Project Location: at 752 Muir Avenue, Chico Project Description: Use Permit to allow for the intermittent operation of a portable sawmill and logsplitter and the storage of wood in conjunction with commercial firwood and cut lumber sales.firewood processing This is to advise that the Butte County Board of Supervisors has approved the above-described project on December 14,1999, 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 t:Date received for filing and posting at CPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Randy Wils Principal Planner u .. 0 • During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. , 5. In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. &DECLARATION OF FEES DUE 1P (Ca rnia Fish and Game Code Section 7 4) NAME AND ADDRESS OF APPLICANT Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 (530) 894-5826 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18115 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Princinal Planner Lead Agency_Butte County Department of Development Services Date: January 3, 2000 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. • i 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 99-22, at 752 Muir Avenue, Chico Project Description: Use Permit to allow firewood processing 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. By: &e�t &/U� Randy Wilson Principal Planner Lead Agency: County of Butte Date: /— y -too e) • ' RECEIPT 18115 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING EA 1 r :. « _ 4-.• t _ ' r - jvL i k?r y f ��.,; �, .�o yF �d,�✓„ DATE RECEIPT NO. TOTAL PUBLIC RECEIVED WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD ' F%G FEE OTHER APPLICANT i RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18115 i NO RECEIPT 18115 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING t. Pv December 16, 1999 Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 Re: Use Permit, AP 042-010-067 Dear Mr. and Mrs. Cahoon: BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Board of Supervisors held December 14, 1999, the appeal of the Planning Commission's approval of a Use Permit to allow Use Permit to allow firewood processing was denied and the Use Permit was approved subject to the conditions listed on the enclosures. . 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 sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the, appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Board of Supervisors. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by certified mail. Should you have any questions regarding this matter, please contact Daniel Breedon at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, _ of �- Lynn Richardson f Administrative Support Service Assistant Ar 0 TABLE OF CONTENTS Agenda Report Form Board Agenda Report Attachment A. General Plan/Zoning Map PAGE 1 Attachment B. Appeal Letter 2 Attachment C. October 28, 1999, Planning Commission Minutes 3 Attachment D. October 28, 1999, Planning Commission Staff Report 8 Attachment E. Initial Study 19 Attachment F. Noise information from applicant 47 Attachment G. Chart No. 4, Butte County Noise Element 48 Attachment H. Petition/Letter Attachment I. Site Plan BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISAS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Appeal of a Use Permit for Dennis and Annette Cahoon DEPARTMENT: DDS, Planning DATE: 11/29/99 MEETING DATE REQUESTED: 12/14/99 CONTACT: Dan Breedon PHONE• 7601 REGULAR CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See attached. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No_X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No__X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No X 415's Vote Required: Yes: No: Auditor -Controller's Number (if required): County Counsel's Approval: Yes No. X Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help Previous t3oara Agii Sate: Additional Information Attached: Yes No Describe: Y CK L 0- 4800 SPEAL INSTRUCTIONS TO CLER}C Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget Unit Number: ) (Fund Name: ) (Fund Number: ) Additional Requested $ Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Transfer Request: AMOUNT Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer S (No Cents) From LINE ITEM LINE ITEM To To To Transfer S (No Cents) From To SUMMARY: Dennis and Annette Cahoon, proposed Negative Declaration with mitigation measures regarding environmental impacts and Use Permit to allow for the operation of a portable sawmill and wood splitter in conjunction with commercial firewood and cut lumber sales. The Use Permit also allows for the storage of up to 20 cords of wood on property zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest of and adjacent to Muir Avenue, approximately 1,100 feet northeast of Rodeo Avenue, Chico. APN 042-010-067 (File #UP 99- 22) (DB) (VIDEO) ACTION REQUESTED: I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental effects, and includes mitigation measures that would mitigate such effects below significant levels; B. The Board of Supervisors independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance, and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Deny Appeal 00-04 and approve Use Permit 99-22, subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: 1. The General Plan's Noise Element indicates that noise levels should not exceed 75 decibels in agricultural areas. The General Plan designates this area as Orchard and Field Crops with agricultural uses listed as primary uses. The Noise Element of the General Plan allows for greater noise levels in areas designated as agricultural by the General Plan. The project • n is determined to be similar in nature to surrounding agricultural uses such as woodcutting, splitting, and chain saw operation which are routine activities within agricultural areas in Butte County. 2 Inclusion of Mitigation Measures #3 and #4 regarding hours of operation and screening, will limit noise impact to surrounding dwellings to levels that are similar in level to agricultural areas in accordance with the Noise Element of the Butte County General Plan. 3. Environmental factors of the site such as distance to surrounding dwellings and vegetative screening help to attenuate noise impact to surrounding dwellings. 4. The intermittent nature of the use limits noise impact. 5. Inclusion of Mitigation Measure #1 provides that any dust generated by the project shall be abated through ground watering or other means, and shall comply with the requirements of the Butte County Air Pollution Control District. 6. Inclusion of Mitigation Measures #2 and #5 provides for clearance of vegetation around equipment to limit fire hazard and maintenance of access for firefighting equipment in accordance with the Fire Safe Regulations (PRC 4290). Conditions of Approval: During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. (Mitigation Measure #1) . 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. (Mitigation Measure #2) 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. (Mitigation Measure #3) 4. In order to deflect any acute noise impact from'reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and 0 0 the adjacent property. (Mitigation Measure #4) 5. In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. (Mitigation Measure #5) 6. No more than 20 cords of wood shall be stored on-site in conjunction with this Use Permit. 7. No customers, clients or employees, besides family members who live on-site, are permitted on-site. All firewood or lumber shall be delivered by the operator. No firewood or lumber shall be picked -up at the property by customers or clients. 9. No signage is allowed in conjunction with this Use Permit. 10. This Use Permit shall be reviewed at the end of 5 years from the effective approval date for modification of either the conditions or the duration of the permit in response to changes in the neighborhood towards a more residential character. 11. Comply with all other applicable State and local statutes, ordinances and regulations. 12. Prior to use of the site for wood processing the applicant shall contact the Planning Division for a field inspection to verify, that all conditions and ordinance requirements have been met. 13. Operations subject to this Use Permit shall not produce a decibel level higher than 65 decibels at the property's boundaries. 14. The easement which connects to Eaton Road, and is located behind the applicant's property shall remain unobstructed. 15. Prior to Use Permit issuance, obtain an Encroachment Permit for the existing driveway approach and construct to County standards, as specified by County Improvement Standards. BUTTE COUNTY Consultant List' SPECIALIZED SERVICES Traffic/Noise KD Anderson Transportation Engineers 417 Oak Street - Roseville, CA 95678 v Post-it'm brand fax transmittal memo 7671 #of pages ► 3 T° Brown-Buntin Associates, Inc. 5150 Sunrise Boulevard, Suite D-3 Co. Fair Oaks, CA 95628 Dep Fax DKS Associates 1225 8th Street, Suite 260 Sacramento, CA 95814 Kittelson & Associates, Inc. Transportation Planning/Traffic Engineering 1455 Response Road, Suite 120 Sacramento, CA 95815 Nolte and Associates Engineers, Planners, Surveyors 2220 Douglas Boulevard, Suite 160 Roseville, CA 95661 TJKM Transportation Consultants 9807 Fair Oaks Boulevard, Suite 100 Fair Oaks, CA 95628 i Bollard & Brennan, Inc. Consultants in Acoustics and Norse. Control Engineering E 3805 Taylor Road, Suite 2 . Loomis, California 95650 Revised, January 1994 ; Phone (916) 660 - 0191 . Fax (916) 660 - 0192 # S 3Sl- 11/10/99 15:23 FAX 530 538 7120 BUTTE COUNTY ADMIN. IA 002 ■ DAVCO BUSINESS FORMS • f9181 74%A11 t CPUJNTY OF BUTTE 2 7 2 2 IPT OFFICEJ CvG OR DEPARTMENT ISSUING EC T Received from c y The SumPf i For -1 7Z-�& ) 2 1:5) Received: Receilfed ' CASH ❑ Tid � j CHECK DAVCO BUSINESS FORMS • f9181 74%A11 t Yr11/10/99 15:23 FAX 530 538 7120 BUTTE COITM ADMIN. 001 It-- J Mr� OF �IAFJ / r ! i 0001 LE DIMEMSIOM SAW October 25, 1999 Dennis Cahoon 752 Muir Ave. Chico, CA 95926 Dear !)ernrtis and Annette, I Mobile Manuf&ctunn6 Co, 798 N. W. Dunbar Ave. P.C. sox 250 Tmu,ewp. OR 97060 USA Telephcna (503 3) 666-6593 l a_ (503) 661-75x8 Per your request on the .noise level of the Mobile Dimension Saw, the foli:v.try are our findings on the gasoline -powered unit are: While sawing fir, the reading from five feet away from the miff wL.: a censtan+ 100 decibels with peaks to 106 d,ecibeis. ;,tHile�satvtng-fir", the reading from thil'ty feet away from the mill wns 90 . .i non sawing fir, with the sawmill se; up and cutting in a sheet metal build.+_9 trL,r* r.rty feet away and reading out side the building was 65 decibels. we cart be of further assistance., please do not hesitate to contact us. 1. .� rrcer,X%' f ,� J'" �Jl� Don Cadwell No+e: The decibel reading on a CHAIN SAW is approximately rwice the above readings. While the reading on our Electric Mobile Dimension Sawmill are afoul fk,f the decibels. -4_ 0 'JACK & MARCIA WYMER 814 -Muir Avenue Chico, CA 95973 /�/_0I Butte County Planning Commission 7 County Center Drive Oroville, CA 95965 Dear Planning Commission members, Planning Division C 1999 ®rovlMe, C#omia I live next door to the land in question --AG Land-- and as such is meant to grow things; not be used for commercial firewood and sawmill operations. Highway 32 is used for that. My wife and I spend six to eight hours each day working in our kiwi vineyard which is located next to the siwwmill and wood cutting area. We don't need the noise or stress it causes. My home is 350 feet away and we cannot sit on our patio or open windows because of the noise. We already know the amount of noise and stress the operation causes because Mr. CAhoon has been doing this illegally for approximately five years. The operationhas been stopped . several times by the palanning department inspector, Frank Cook. My land is valued at $249,000.00 without the sawmill. What would be the value and who would want bo buy it with a commercial sawmill next door? There is another five acres located on the opposite side of the Cahoon property. What will go there? A nice home with a horse, a vineyard or a race track? I have lived here for twenty-two years. I don't want or need a sawmill next door. I need yoga to think about the extra traffic and the damage to our newly resurfaced streets caused by hauling huge logsD Think about the environ- mental aspects i.e. the burning of`barkand drops from logs, spillage of oil, gas, etc., and the fire hazard to our property as well as the noise pollution. Please save the whole area by turning down their request. Thank you. Planning Division U is i 19 1999 `' ��' 5 UnD1�� Op'ovme, corhmia N�) November 10, 1999 Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 Re: Use Permit, AP UP 99-22 Dear Mr. and Mrs. Cahoon: f ,butte Count, 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 The Clerk of the Board of Supervisors set public hearing for December 14, 1999, at 10:30 a.m. to consider the appeal of the Planning Commission's approval of a Use Permit to allow firewood processing at 752 Muir Avenue, Chico. 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 Daniel Breedon at this Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant cc: Jack Wymer /Ir fllmondTrees �..� �' `�-J �erryH-il1 Orchard __ • �a�on Rd. Easement proposed wood storage ----- 35 to. 23' arm I I I Q 1 P3barn ; 0 E- W wood, -Fence,` 03 OChain proposed wood storage, 1 arc.0- co co - 24�z 48' 1 I I ' v .r g l • I perch laxa�' � I Chgin l(nK lay I? wood decK �I 1 ® Pro Posed W008 6i-oragc a T'M I a l I �H � A I I Portable �I I� sawmill 4.J E w Tll lllv�lu I l t w t�J V`J I proFo5ed Planning Division Cutting andJ U N 1 1 1999 Spllitin9 ^' •, a rea , V Oro O, Gatforoia n L I - I Wood deck i I 1 I � I 0 0 0 03 OChain link 0 N R0°� I.n 24�z 48' 1 I I ' v .r g l I I perch 1 R � I Chgin l(nK lay I? I I �I 1 I ,I I a l I �H � I I 3 � �I I� I -j v I � � I8 h o70xa`I' `� ro 13 Is 2q, rb IN IN I� I I I lr l I I � L L I a I L 4.J E w Tll lllv�lu I l t w t�J V`J I proFo5ed Planning Division Cutting andJ U N 1 1 1999 Spllitin9 ^' •, a rea , V Oro O, Gatforoia n L I - I Wood deck i I 1 I � I 8 3 03 o 7r R0°� I.n 24�z 48' 1 I /Mobile I IIomG I � I perch I v I I? I I fp,�c I�N 1 I ,I 3.5'aeod fend, 100 Proposed site Plan -Por: Dennis A. Cahoon '75Z Muir Ave. Chieo, CA g5g73 Porce, #- 41—DIO—Olo7 35(o.Z71 l"1 a it Ave. la I I I Walnut L 1-f PETITION 14 Ori Thursday, October 28, 1999 the Butte County Planning Commission will hold a public ,hearing in the Butte County Board of Supervisor's Rooms, County Administration Center, 25 County Center Dive, Oroville, California. The meeting is regarding e application of a Use Permit by Dennis and Annette Cahoon residing at 752 Muir Ave., Chico, CA. The Use Permit will allow for the operation of a po&ble sawmill and a wood splitter in conjunction with commercial firewood sale$; -and storage of up to 20 cords of vVood on the property at 752 Muir Ave. I, the undersigned property owner or resident, approve of granting the above-mentioned Use Permit to Mr. and Mrs. Cahoon. Name (Printed) Address Phone # Si nature �.s' Sm- c bkAJ� ,t,(OA 4 5 i } U November 1, 1999 Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 Re: Use Permit, AP 042-010-067, UP 99-22 Dear Mr. and Mrs. Cahoon: 'eutie Count L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 At the regular meeting of the Butte County Planning Commission held October 28, 1999, your request for a Use Permit to allow firewood processing, was approved. This approval has been appealed. The Clerk of the Board of Supervisors will set a public hearing and you will be notified of the date and time. Should you have any questions regarding this matter, please contact Daniel Breedon at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 49"'� laa4'x� Lynn Richardson Planning/Administrative Support Service Assistant k:\ form s\appro vup. frm OCT -25 '99 (MON) 11:39 CITY OF CHICO COMMUNITY DEV.DEPT 9168954726 PAGE.1/1 c A CITY OF CHICO MEMORANDUM CITYorCHICO MC. ien TO: Butte County Planning Staff DATE: October 25, 1999 FROM: Assistant.Pianner Hanson FILE: UP -99-22 SUBJECT: Negative Declaration for Wood Processing and Sales (Cahoon) In response to the above noted project, City Staff recommends that the environmental evaluation address traffic generated by the lumber and firewood business along with noise impacts from the machinery. All of the roads in this area are substandard in size and have recently been impacted by commercial nurseries and the like. Since this area is prime for future urbanization, consideration should be given to a limitation of the longevity for this type of industry. A five year expiration date might be considered as a condition of approval of the use permit. P081.1t° Pax Note 0- 7871 oals r0 25 c�a°s— rA,Alu bm_'MA/ tTQ/I/Lcsdid) 0 $ti F- o- October 21, 1999 Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 Re: Use Permit, AP 042-010-067, UP 99-22 Dear Mr. and Mrs. Cahoon: t LAN D O F NATURAL WEALTH A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to allow firewood processing at 752 Muir Avenue, Chico. 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 October 28, 1999, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Daniel Breedon of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. j Awpdocs\pcIts\schedule.mrg 0-1- •alryJdadde aq AM'AJOlint3 an pm 1041 Jel ..814"682" Allewam.. WaP'wlea W1wt!6Hn 041100184 A11131343 '4111!411b •Wel an pull JOt Ipnpuns S"Imasw Stow '1+413 041 u 1141 u34M '1wilUghe l6 l U" Jeeptne aieg1na0U1 43144 wq JUS�YG! Ja41oww tu!pls+sr w W soplunWWlea UN314NOVIAN3 u0001n0 318v1d377v '0 =~ a"" t es ammup aIle •ldavat Wnw!u1161 NO WJswt PIS 'WO!1tolt" 413 spun 84n131u1s to adAl sip to a3ueuuo)0d ue!33eP6J VUOV pass"CIe3 JO paJn.elw 041 411J► p6pnea 'lVM& !nbSJ $141 •10'1)013"7 OP S► WWW J41"d OW le Iu6WWOJIAW SUft JOIJa1W SIgf31M t IMU"W 01 $t a31n0s a"" sma q t et a4311aa s11111% pmusp!w tulte30l io 0.036140 au0 51MWNO111AN3 11OWUN1316v11ns 7 ,man apndsa3wn AlMUM 0!41!• 116/1301 PSJSPMUG:l pue Pah -Owm..p W PInOw fp 59 ue43 j61—Al seem 13+1 xg "!ON Apumm ,w" u► palnol inn le!WSp►HJ '3SV 041 4ps A!dwes 01 %1JOdJ1V )0 A11114e M 819191") Of JapJe w put •014wsod a.aJwa u6►aaaa -3N7 lip 59 aW 411m 414110dw*2 usn pull a3unes" as w WI4mb )e so* '13V out t0 wodand 043 St"!NMI 01 NOJO ul •nlou SIeJ3Af OI a~dsa atgf/08339118 WWI W11W►WW03 Iu3uSp!VJ to►1w6S 134leJli et taw+ Aliemus.a isnw 11JO4111f 43!4+ ue1a11J3 s41 u 13"7 sp 19 Hon t=v {3!3MUOMv atlas Stu lusumeaMla SNOW Mtn att1 algass Aiussasa eu tOu 011 aJMedfa amw nwe lW03 Swn 041 -WPW. "30006- luaaMp *8-1.6041 Apwnbsq SUI same 1nq 3913fil at" um nuaJu auam a0mIs a4t!4 to on spew Alpuuou a ao!OW Peotl!fJ Put 11IJ3411'80140e90 JOA •n!w 80 t0 SAM" !--Buds a41 as uO►If1a1 ill ps"a aq pino4s /YO!Iep"wm 03SJ A4!Ilq!1edwoa ayeu.nn Puel 341 52US111312vuvwo 33700S 3SION'f 'upl J0 -!No to enlea pale1n31t3 Jo pasnuaw 041 03 t 014e1 u! paq!J3up nuftwte3 844 su113fasgns Je su!ppe A9 pm!ago an Hnla► PanleWAN °P- Je -3'7 )0 ante• „Palww"u,. a 411 3aadwi 44a► At!IIgt31M an pull sunlw's s!ae fs1P 1"3lylnt aJa414 03u1S30 N011vwu03Nl 3unsodx3 3SION 0321-v%v0N'v 35n 0Nv1 319llvdwo7-3SI0N d0 N011VNIW13130 NI SNOIlv11301SN07 'uatltlJapun aq lou Alltlaua! p1no45 suawdolaAap•Jo u6!1311J1su03 JnaN 31svid3»yNn A1uvm •uslssp Sys u! papniwl salntta) uellflnsu! 81!66 papaw pue aps1JJ aq ssnw slwlusimbaJ u'awnpai as!ou 343 )o slsAltue pal!tlap a'paa3oJd saop luawdolaeap 30 uoll3nusuo3 Am 11 'pat9in03$1p aq AIItJ3u32 p1no4s 3uawdolanap to u6s33nnsuos A%*N 318V1d3=VNn A11VW'V0N Alltuuou Ina Su!uonlp1103 me Jo swassAs Alddns Jlt 4saJj put smopulm pas013 4Rm lnq'uorl3nJlsuo3 ituo'IuaAu0D .WIMP 043 u! papnput salnitaj uo!ltinsu! asl0u papaau put apaw sl ssuawannbas 1Jol13npa1 ssleu a43 )o spAltue pa11nap t )alp Aluo ua►le3Japun aq pinogs suawdela"p to ue!l3nt1tu03 AN 31OV"3MV A11VNOIl1ONO3 's1WwaJlnbsi uopflnsu! a !ow lipads Aut 1ne41!e►'ue113njtsu03 Itu011u"V03 11wiam )0 an PaAIOAu! siutpllnq Asm lfsls uolldwmsf 041 vadn pasfq'Am3f)sllts sl am pull pasj""S 318V1d323v 41111® NOIlvl3VdV]LN1 I *•,.,'j 3bnimmuw'31111n ":�/,,;,;:,!; O• NlbnbvdnNVL-i'lvblsnONL ►. ( 1vNO1SS3AOVd ;,; ONv 1v1Db3WW03 SUNISWONIOInB 331dd0 S31VUN'433 'NOIlvMM1b31vM'S318V1S 9NIOIb'S3sbn07 !100 { I SXUVd GOOH1l0ON013N 'SONnovoAv1d Ii 1 1 S1tJOd5 ZiUlvn3dS �••:•' ..�;.!•.'%_' voo01n0'VN3uv SluOdS i I 1 I 53b1v3llllHdWr►'S11vH ,;:;:;;:•;.•::r•: 1u33NO:) swnivolionv I S3KOH ON1513m 'S1viidsow'S3H3vnm3 's31uv11811'S100HDS 1 1 S1310H 'S1310W ,..;,; ,,:.,.:• I — ON10001 1N31SNv111 A11WVd'111nW—1vI1N3O1S331 1 S3WON 31180W 'x31dno'AIIWval 3WRIS A11SN30 M01-1vI1N30153b 08 SL OL 59 09 fS Au0031vD 3Sn ONv1 8p'13N:) bo 911 3unSOd\3 3SION AllNnlvt%03 V • ON 1HVHO 4moo *Ung S1N3WNONIAN3 3SION A11NnWW0(I HOd A11119V1VdW03 3Sn (INTI -1N3W313 3SION r 0 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - October 28, 1999 Applicant: Dennis and Annette Cahoon 1,800 feet northeast of Rodeo Avenue in the Chico area. File #: UP 99-22 Parcel Size: 5 acres Request: Use Permit to allow for the intermittent.operation of a Zone date: 10/07/75 . portable sawmill and log - splitter and the storage of Project Planner: Daniel C. Breedon, wood in conjunction with Senior Planner commercial firewood and cut lumber sales. Supervisor District: 2 G.P.: Orchard and Field Crops Attachments: Zoning: A-5 (Agricultural -5 acres) A. Conditions of approval B. Vicinity Map APN: 042-010-067 C. General Plan/Zoning Map D. Initial Study Location: The property is located E. Noise Element Chart 4 northwest of and adjacent to F. Letter Dated October 19, 1999 Muir Avenue, approximately G. Site Plan STAFF COMMENT: Staff is proposing two actions for the Planning Commission's consideration. This project requires a policy decision regarding thresholds of significance for determining noise impacts. Mitigations have been established that will serve to mitigate noise impact if an agricultural noise threshold is adopted for the project. The proposed mitigations may not reduce the noise impact to levels considered insignificant if a residential noise threshold is adopted. In such an instance it is recommended that the project be continued until a noise study is performed and provided to Planning Division staff for review. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant requests approval of a Use Permit to allow for the intermittent operation of a portable sawmill and log -splitter and the storage of up to 20 cords of wood in conjunction with commercial firewood and cut lumber sales. The applicant will obtain wood from an adjacent almond orchard and other sites. No employees, besides the applicant's family members who live on-site; are permitted. No customers, clients or on- site signage shall be permitted. Delivery of wood shall be accomplished by the applicant on an intermittent, as -needed basis. Approximately ''/i acre within a 5 -acre parcel will be utilized. ■ Butte County Department of Development Service 0 Agenda Report 0 Page 1 ■ The property is developed with a 24' x 48' modular home, pool, detached garage, personal dog kennel, shed, pig barn and corral. That portion of the property that is undeveloped is used for hay production. The site's topography is level. Vegetation includes residential landscaping, poplar trees and a black walnut tree. ANALYSIS: The applicant has applied for this Use Permit in response to being cited by the Butte County Code Enforcement Division for operation of a portable sawmill, log -splitter, and the sale of wood products and firewood. The applicant has ceased all operation of the portable sawmill and firewood business pending approval of the Use Permit. According to the applicant the portable sawmill was first brought to the property in 1992, and has been used for private and commercial purposes since this time. The sawmill is still located on the property, but it is not currently being used. The applicant indicates that the sawmill will be used on an intermittent basis for cutting planks from logs that are obtained in the course of his job as a tree -faller. The wood -splitter will be used to split rounds of firewood that are obtained from the adjacent orchard. These activities are not proposed to occur on a full-time basis. The applicant indicates that this business will be a part-time business, which would only occur when the applicant is not working as a tree -faller. The A-5 zone allows for wood lots, and the processing and selling of wood not grown on the site upon securing a Use Permit. The Orchard and Field Crops General Plan designation allows for resource processing, such as wood processing, as a secondary use. This area can be characterized as having both residential and agricultural land uses. Parcels in the area are predominantly 5 -acres in size with the exception of a 70 -acre parcel improved with an almond orchard adjacent to the project site to the west. An established kiwi vineyard lies adjacent to the project site to the south. Approximately 4 dwellings are in the immediate vicinity of the project site, with the closest being located approximately 450 feet to the south. The site is also within an area referred to as Bell -Muir. This area was studied for the purpose of establishing an Agricultural Residential General Plan designation, because of the predominantly residential use of the area. (see Bell -Muir Plan discussion below.) The proposed use may not be compatible with surrounding uses due to the generation of noise levels affecting residential land uses in the area. For this reason, staff is not recommending approval of this project without a policy determination regarding the appropriate threshold of significance to assess noise impacts at this site. The question of whether this use presents a significant environmental impact is discussed within the Initial Study. Many of the existing agricultural uses taking place in the vicinity of the project, such as, harvesting/spraying activities, pruning, cutting, and tractor operation already contribute noise to the surrounding environment. This type of activity is recognized by the General Plan and County Code as a necessary part of agricultural operations. 0 Butte County Department of Development Service ■ Agenda Report 0 Page 2 0 The proposed use will be similar in its contribution of noise to uses that are already occurring, although the use will be somewhat different from other agricultural related activities in that the use will occur at a fixed location, and may occur more often and consistently. The General Plan's Noise Element indicates that noise impacts in residential areas are held to a higher standard than in agricultural areas, as shown in attached Chart 4. The Noise Element states that the threshold for noise levels should not exceed 50 - 65 decibels in residential areas, and 50 - 75 decibels in agricultural areas. The Noise Element does not address areas where residential and agricultural uses are mixed, as is the case within this area. The General Plan designates this area as Orchard and Field Crops with agricultural uses listed as primary uses, and residential uses as secondary uses. Secondary uses are defined by the General Plan as other appropriate uses which are less extensive, but similar, compatible or necessary to the primary use. When considering the approval of a Use Permit, care must be taken to ensure that a use is not introduced that would not be harmonious with the character, and primary activities that occur in the vicinity of the project. If the Planning Commission approves this project at this time, staff recommends mitigation measures be adopted which, although may not mitigate noise to a level that is acceptable in a residential area, will serve to mitigate the impact to a level that may be acceptable in an area that is designated as agricultural by the General Plan, and that has numerous residences. Some additional mitigation is needed for the residence which lies approximately 450 feet to the south. These mitigations include requiring the construction of a 7 foot solid plank fence along the closest property line, and limitation on hours of operation from 8:00 a.m. to 5:00 p.m. However, these mitigations may only be effective if the Planning Commission determines that an agricultural noise threshold is acceptable. The mitigations may not be effective if a residential noise threshold is required, and additional study may be warranted in such an instance. A noise study has not been required in the processing of this project. Noise impacts are already present from agricultural operations in the area. Staff determined that the introduction of a similar noise impact did not warrant additional study. However, if the Planning Commission adopts a residential noise threshold, a noise study may help to confirm that the proposed use can, conform to a residential noise threshold or make recommendations on how compliance can be achieved. This project is within the Bell -Muir planning area. This area was part of a study that investigated a decrease in allowable parcel sizes from 5 -acres to 1 -acre. The change in parcel size is contingent upon approval of a General Plan Amendment to a Agricultural Residential designation, and appropriate change in zoning. Additionally, assessment districts must be established for improved services and infrastructure. Ultimate approval of 1 -acre parcels in the Bell -Muir planning area could affect land uses adjacent to this property to the east. It remains to be seen if the Bell -Muir plan will be implemented in the future. The Land Development Division indicates that the Eaton Road easement must not be obstructed and that an encroachment permit will be necessary for the driveway connection to Muir Avenue. These comments will be made conditions of the Use Permit. 0 Butte County Department of Development Service 0 Agenda Report 0 Page 3 ■ 0 ACTIONS FOR CONSIDERATION: This staff report was prepared without benefit of public input. The public hearing should also be used to determine if the Use Permit findings can be made. Depending upon. the outcome of the public hearing, staff recommends the Planning Commission consider the noise issues with the project, and take one of the following two alternative actions: Alternative 1 I. Adopt a Mitigated Negative Declaration with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental effects, and includes mitigation measures that would mitigate such effects below significant levels; B. The Planning Commission independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance, and reflects the independent judgement of Butte County. II. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat, and a "de minimus" exemption regarding impact to fish and wildlife or their habitat is recommended. The collection of fees pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. is not recommended. III. Approve Use Permit, UP 99-22, subject to the conditions found in Exhibit "A" and subject to the following findings: A. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County as supported by the following: The General Plan's Noise Element indicates that noise levels should not exceed 75 decibels in agricultural areas. The General Plan designates this area as Orchard and Field Crops with agricultural uses listed as primary uses. The Noise Element of the General Plan allows for greater noise levels in areas designated as agricultural by the General Plan. The project is determined to be similar in nature to surrounding agricultural uses such as 0 Butte County Department of Development Service 0 Agenda Report 0 Page 4 0 0 0 woodcutting, splitting, and chain saw operation which are routine activities within agricultural areas in Butte County. 2 Inclusion of Mitigation Measures #3 and #4 regarding hours of operation and provides for screening, will limit noise impact to surrounding dwellings to levels that are similar in level to agricultural areas -in accordance with the Noise Element of the Butte County General Plan. 3. Environmental factors of the site such as distance to surrounding dwellings and vegetative screening help to attenuate noise impact to surrounding dwellings. 4. The intermittent nature of the use limits noise impact. 5. Inclusion of Mitigation Measure #1 provides that any dust generated by the project shall be abated through ground watering or other means, and shall comply with the requirements of the Butte County Air Pollution Control District. 6. Inclusion of Mitigation Measures #2 and #5 provides for clearance of vegetation around equipment to limit fire hazard and maintenance of access for firefighting equipment in accordance with the Fire Safe Regulations (PRC 4290). MA Alternative 2 The project is continued, because a residential noise threshold is applicable to maintain the integrity and character of the zone in which the land lies, be compatible -with surrounding properties and to support the health, and general welfare of the persons residing or working in the neighborhood, until the following additional information is provided to County Planning Division staff for review: A. An assessment of noise levels generated by the proposed use and the surrounding environment shall be performed by a qualified acoustical consultant and shall include the following: Measure the existing (ambient) noise environment at the site and appropriate surrounding locations. ■ Butte County Department of Development Service ■ Agenda Report ■ Page 5 ■ 2. Estimate the cumulative noise impact during project operations at surrounding sensitive receptors and at the property line. This estimate shall determine the noise levels of wood processing equipment to be used at the site as specified by the Use Permit application. 3 Set acceptable noise levels based upon the ambient noise level contained in the Butte County General Plan Noise Element's residential noise threshold. 4 Develop and recommend mitigations and/or project modifications in accordance with CEQA to reduce noise levels deemed to be at a level of significant impact. n Butte County Department of Development Service ■ Agenda Report 0 Page 6 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 99-22 PERMIT NO. 042-010-067 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below Dennis and Annette Cahoon is hereby granted a .Use Permit in accordance with application filed to allow for the operation of a portable sawmill and log -splitter in conjunction with the selling and processing of wood not grown on site. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. e Butte County Department of Development Service ■ Agenda Report ■ Page 7 ■ Conditions of Approval: During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. (Mitigation Measure #1) 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. (Mitigation Measure #2) 3. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to 5:00 p.m., Monday through Sunday. (Mitigation Measure #3) 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. (Mitigation Measure #4) In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. (Mitigation Measure #5) 6. No more than 20 cords of wood shall be stored on-site in conjunction with this Use Permit. 7. No customers, clients or employees, besides family members who live on-site, are permitted on-site. All firewood or lumber shall be delivered by the operator. No firewood or lumber shall be picked -up at the property by customers or clients. 9. No signage is allowed in conjunction with this Use Permit. 10. The shall be effective for a 5 -year period from the date of approval. Operation after the 5 - year period will require approval of another Use Permit. 11. Comply with all other applicable State and local statutes, ordinances and regulations. 12. Prior to use of the site for wood processing the applicant shall contact the Planning Division for a field inspection to verify that all conditions and ordinance requirements have been met. 0 Butte County Department of Development Service 0 Agenda Report 0 Page 8 ■ 13. The easement which connects to Eaton Road, and is located behind the applicant's property shall remain unobstructed. 14. Prior to Use Permit issuance, obtain an Encroachment Permit for the. existing driveway approach and construct to County standards, as specified by County Improvement Standards. 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 Butte County Fire Department/CDF o Butte County Department of Development Service 0 Agenda Report 0 Page 9 0 Vicinity Map %an-Lancring Rnsid 0 Chico Airport a 92 CD RnAfq I Nord Hn Project Location k Ainnadw-Ava r nak Way I L UP 99-22 APN 042-010-067 C) Almond-rrees �,—J `i -J herr Hill Orckord �� %IIIIIUII(1 IILLJ �✓ __aton Ra. Easement Tr osed wood stor 351,.2-31 P Ir afL4SF- 0. 0 --------- —i Q ' , I I 10'Y.10' © 18 'I F ; P' barn ; b o 0poroh ' ; fl rb 'r wood. -pence- L , I�•"'1 prof,o5e8 wood storage IN arco- �o co LA I V - I I — W006 decr, Pro P0448 wood 5'IoragG a ren, ob D 1 portable J swwmill 0 �I il/1 N Chan I.nk O i v°9 D it II to v 1 �� G4L�in GnK I I �l I © I c I I SI � L4 proQo5ed Cuffing and 5?Hf.i n g area I I Wooa deck °•0.0; a I c Ict a (�nrn�e 24'x'18 18 'I �o y a4 Mobile 0poroh �aMe 1 rb Is I N L , I�•"'1 (n IN I V I I V I I — 100 trod ccnce, Planning D JUN 1 Y "V - I - Oroville, Qc 2 z� Proposed 5ite Plan -Fore Dennis A. Cahoon `75Z Muir Ave. Chico, CA 45973 Porcc,l -# 42--0I0-01o7 35(o.Z7f Muir Ave. Ln 4' Wood Ftnce 1 � I 1 , Wolnu Trec i I I I v L I I L I 100 trod ccnce, Planning D JUN 1 Y "V - I - Oroville, Qc 2 z� Proposed 5ite Plan -Fore Dennis A. Cahoon `75Z Muir Ave. Chico, CA 45973 Porcc,l -# 42--0I0-01o7 35(o.Z7f Muir Ave. Ln 4' Wood Ftnce 1 � I 1 , Wolnu Trec i w -.h Project: Cahoon Use Permit.; UP 99-22 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: Dennis and Annette Cahoon 2. Address: 752 Muir Avenue, Chico, CA 95973 Phone: 530-894=5826 3. Name of Proposal: Cahoon Use Permit 4. Type of Project: Use Permit 5. Project Description: Use Permit to allow for the intermittent operation of a portable sawmill and wood splitter and the storage of up to 20 cords of wood in conjunction with commercial firewood and cut lumber sales. This Use Permit is proposed in accordance with Butte County Code Section 24-90 (c) (5) which allows for wood lots and processing plants and the selling and processing of wood not grown ori site upon securing a Use Permit. The applicant will obtain wood from an adjacent almond orchard and other sites. No employees, besides the applicant's family members who live on site, are permitted. No customers, clients or on-site signage shall be permitted. Delivery of wood shall be accomplished by the applicant on an intermittent, as -needed basis. Approximately '/2 acre of property will be utilized within a 5 - acre parcel. The property has an Orchard and Field Crops General Plan designation and is .zoned A-5 (Agricultural, 5 -acre parcels). 6. Location of Property: The property is located northwest of and adjacent to Muir Avenue, approximately 1,800 feet northeast of Rodeo Avenue in the Chico area. 7. Setting: The property is developed with a 24'x 48' modular home, pool, detached garage, personal dog kennel, shed, pig barn and corral. That portion of the property that is undeveloped is used for hay production. Topography is level. Vegetation includes residential landscaping, poplar trees and a black walnut tree. 8. Assessor's Parcel Number: 042-010-067 9. Date Checklist Submitted: October 1, 1999 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 1 ` Project: Cahoon Use Pennit., UP 99-22 H. DETERMINATION: On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ETR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further ire Prepared by: Daniel Breedon, Senior Planner Date 2� by: RanK Wilson, Principal Planner Date III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Project: Cahoon Use Permit., UP 99-22 ❑ Aesthetics ❑ Biological resources X Hazards/Hazardous Materials ❑ Mineral Resources X Public Services ❑ Utilities/Service Systems ❑ 'Agriculture Resources 0 Cultural Resources ❑ Hydrology/Water Quality X Noise ❑ Recreation X Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: X Air Quality ❑ Geology/Soils X Land Use/Planning 0 Population VHousing ❑ Transportation/Traffic 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is' potentially significant, less than significant with mitigation, or less than significant. "Potentially; Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) 'Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures,. and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were ❑ Butte County Department of Development Services ❑ Planning Division ❑ 9 Project: Cahoon Use Pennit., UP 99-22 within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached; and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. ❑ Butte County Department of Development Services ❑ Planning Division 0 4 IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources including, but not limited to, trees,,rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: The site is not located within a State or County designated scenic highway. The project is not anticipated to create any significant sources of new light or glare. This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. Mitigation: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project.: ❑ Butte County Department of Development Services 0 Planning Division ❑ 5 Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources including, but not limited to, trees,,rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Response: The site is not located within a State or County designated scenic highway. The project is not anticipated to create any significant sources of new light or glare. This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. Mitigation: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project.: ❑ Butte County Department of Development Services 0 Planning Division ❑ 5 Project: Cahoon Use Pennit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use?. X Response: a - c. There is no Williamson Act contract affecting this property. Although this property is in an agricultural area, it has been divided into a 5 -acre parcel and is not feasible for agricultural production beyond small acreage farming. The use of/z acre of the property for the proposed use will not impact agricultural land or production. No impact is anticipated to agricultural resources as a result of this Use Permit. Mitigation: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ N. Project: Cahoon Use Pennit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Expose sensitive receptors to substantial pollutant concentrations? X _ e) Create objectionable odors affecting a substantial number of people? X Response: a. - d. The Use Permit application was sent to Butte County Air Quality Management District (District) for review. The District indicates that driveway watering and/or use of soil palliatives be incorporated as a mitigation measure to control fugitive dust emission during project improvements such as clearing, log and firewood storage, and other operations. Mitigation Measure #1: During site development and operation the applicant shall ensure that the driveway and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) .Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 7 • Project: Cahoon Use Pennit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. X 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Response: a. - d. A "de minimus" impact finding is recommended with regard to the project's impact on fish, wildlife or their habitat. The project is not known to be inhabited or provide habitat for any rare, endangered or sensitive plant or animal species. Fish and Game fees pursuant Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4, are not recommended to be collected. e. The proposal will not conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance. f. The proposal will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Mitigation: None required. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ `1 Project: Cahoon Use Permit., UP 99-22 0 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Response: According to Butte County constraints mapping, the project site is located in an area considered to have a low archeological sensitivity. Often archeological sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. This mapping is general in nature and basis the probability of archeological significance on the physical characteristics and history of different areas of the County. Classification of this property as having a low sensitivity for archeological resources does not in itself preclude the presence of archeological resources. . However, based upon the limited amount of disturbance posed by this Use Permit and low sensitivity classification, no further review is considered necessary to avoid significant impacts. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earth -quake fault, as delineated on the most recent Alquist- priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a know fault? Refer to Division of Mines and Geology Special Publication 42. X 2) Strong seismic ground Shaking? X 3) Seismic -related ground failure, including liquefaction? X 0 Butte County Department of Development Services 0 Planning Division ❑ �i Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact 4) Landslides? b) Result in substantial soil erosion or the loss of topsoil? No Impact X X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Response: a.1. The Seismic Safety Element indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The closest mapped Fault -Rupture Zone is the Cleveland Hills Fault line which is located 25 -miles to the southeast. Construction of all buildings on the project site to Uniform Building Code seismic standards is required to address seismic activity. a.2. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake, and on the local geologic soils and conditions. At present, there is insufficient data to predict accurately the expected ground motions at various locations in Butte County. a.3. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a moderate potential for liquefaction. This Use Permit will not result in development of structures. No impact is anticipated. a.4. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is low potential for landslides in this area. This site is has level topography. No Impact is anticipated. 0 Butte County Department of Development Services ❑ Planning Division 0 10 Project: Cahoon Use Pennit.: UP 99-22 9 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact b. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that there is no potential for erosion potential at this site. C. No impact is anticipated from instability, landslide, lateral spreading, subsidence, liquefaction or collapse. d. The Conservation Element's Expansive Soils Map indicates that the project site has a moderate expansive soil designation. This Use Permit will not result in development of structures. No impact is anticipated. e. Approval of the Use Permit will not result in the development of uses that will require additional waste water flows. Mitigation: None required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X 0 Butte County Department of Development Services ❑ Planning Division ❑ 11 Project: Cahoon Use Permit., UP 99-22 9 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Response: a - d. The project will not create any hazardous materials, and is not located on or near any sources of hazardous materials. No impact shall be incurred. e - g. The property is not located within the vicinity of an airport, airport land -use plan, private airstrip, nor shall interfere with an adopted emergency response plan or emergency evacuation plan. No impact shall be incurred. h. The project is located within a State Response Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest fire station is Station #64, located approximately 2 -miles to the northwest of the property. The Butte County Fire Department/CDF has requested that all new structures meet the Fire Safe Regulations of Butte County and Public Resources Code 4290, which include fuel reduction areas within 30 feet of all structures and specified addressing signs. Because of this 30 -foot fuel reduction requirement, the current 5 -foot side and rear yard building setbacks and front 20 -foot setback of the A-5 zone are not adequate. To allow for fuel reduction around the area used for woodcutting and storage, a 30 -foot side and rear yard building setback is recommended. Mitigation Measure #2: In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities ❑ Butte County Department of Development Services ❑ Planning Division ❑ 12 0 Project: Cahoon Use Permit.; UP 99-22 9 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact including wood splitting, cutting and storage. No dead grass is allowed within any setback area. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on -or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise substantially degrade water quality? X g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X 0 Butte County Department of Development Services ❑ Planning Division ❑ 13 s Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X I) Expose people or structures to a'significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Response: a. - f. The Use Permit will allow for a portable sawmill, wood splitter and storage of up to 20 cords of firewood. The use will be confined to a Y2 acre site within a 5 -acre parcel. No surface water features will be effected. The proposed use is not expected to have any effect on water quality or drainage. Impact on groundwater should be minimal since additional domestic wells will not be necessary. The applicant shall utilize the existing domestic well for as a source for water to conduct dust abatement. g. - I. The property is shown to be outside the area of the 500 -year flood per Flood Insurance Rate Panel #06007C0320C, dated June 8, 1998. 'No impact shall be incurred. J. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact shall be incurred with respect to these natural hazards. Mitigation: None required. 9. LAND USE AND PLANNING. Would the project? a) Physically divide an established community? X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 14 Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Response: a. This proposal will not physically divide an established community due to its small size and conformity with zoning and surrounding land use. b. The project site is zoned A-5 (Agricultural Residential, 5 -acre minimum parcel size). The site is designated by the Land Use Element Map of the Butte County General Plan as Orchard and Field Crops. The A-5 zone allows for wood lots and the processing and selling of wood not grown on the site upon securing a Use Permit. The Orchard and Field Crops General Plan designation allows for resource processing, such as wood processing, as a secondary use. Surrounding parcels are zoned A-5 with a General Plan designation of Orchard and Field Crops. Surrounding and nearby parcels range in size from 5 -acres to 70 -acres. Land uses on surrounding parcels include an almond orchard to the west, an oat field to the northeast, a walnut orchard to the east, and a kiwi orchard to the south. The area is used primarily for agricultural uses. Some single family residences are in the vicinity which are located on parcels also developed with orchards and other agricultural uses. The agricultural use of the area is supported by the Orchard and Field Crops General Plan designation. Single family dwellings are considered a secondary use within this designation. The proposed use may generate noise that would be incompatible with residential uses. However, many of the existing uses that take place in the vicinity, such as harvesting/spraying activities, pruning, and tractor operation already contribute noise to the surrounding environment. This type of activity is recognized by the General Plan and County Code as a necessary part of agricultural operations. The proposed use will be similar in its contribution of noise to uses that are already occurring. However, public input has not been received from adjacent residents at this time and additional input regarding compatibility may be received at the Planning Commission hearing. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 15 Project: Cahoon Use Permit., UP 99-22 0 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Although the uses in the area are primarily agriculture, the area can also be characterized as being in an area of transition from smaller parcels, which include residences, and the larger orchards adjacent to the west. In approving the Use Permit, County code requires findings be made insuring that permitted uses do not pose a threat to the overall harmony of an area, which would also include maintaining an environment suitable for residential activities. The Planning Division is recommending that mitigations be included to protect the harmony of the residential use of this area. The closest residence to the wood processing site is approximately 450 feet away, according to building department records. A dense growth of mature poplar trees runs along the applicant's property line, 25 feet from the portable sawmill. A mature kiwi orchard occupies the adjacent property. The poplar trees, together with the kiwi orchard, will help attenuate noise generated by the intermittent operation of the sawmill. In addition, sound will attenuate over the 450 foot distance. It is also important to note that the sawmill operation will be intermittent, meaning operations will be temporary in nature and not a daily occurrence. Although the use is intermittent, the operation of the sawmill may present a noise source that is more acute than typical noise sources in the area and one that may be differentiated from other noise sources, especially residential noise sources. Planning staff is recommending that, in order to deflect the most acute noise from reaching the nearest residence, a 7 foot high solid plank fence be installed along the south property line. Some noise may still be heard from the sawmill operation at this residence and at surrounding residences, but it is not expected to be above normal ambient levels for the area. S: 00 Ph It is also recommended that hours of operation for the sawmill be limited to 8:00 am to t to avoid any noise disturbance during those times of morning, night and evening when noise levels are expected to be reduced. The recommended mitigations, together with the distance to the nearest neighbor, intervening poplar trees and other vegetation, will decrease any significant noise levels from the sawmill to levels not considered significant. C. The property is not within a habitat conservation plan or natural community conservation plan. No impact shall be incurred. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 16 Project: Cahoon Use Pennit., UP 99-22 Potentially Significant Impact Mitigation Measure #3: i Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact In order provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 am to 5:00 pm. Mitigation Measure #4: In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill and the adjacent property. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? X b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Response: a. - b. The property is not known to contain any important mineral resources of value to the region. No impact shall be incurred. Mitigation: None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels: X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 17 Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Response: a. -..d. Ambient noise on and around the project area is affected primarily by agricultural uses. As discussed in Initial Study Checklist Item 9b, existing ambient levels are higher in agricultural areas due to agricultural operations. The proposed use will generate noise that is similar in level and frequency to the activities that routinely take place within adjacent orchards. However, Mitigation Measures #3 and #4 are recommended to insure that noise levels from the sawmill do not create a significant impact. e. - f The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact shall be incurred. Mitigation: See Mitigation Measures #3 and 4 ❑ Butte County Department of Development Services 0 Planning Division 0 18 • Project: Cahoon Use Permit., UP 99-22 • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Response: a. The project will not contribute additional population to Butte County. No impact shall be incurred. b. - c. The project will not displace individuals or housing. No impact shall be incurred. Mitigation: None required. 13. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b) Fire protection? X X ❑ Butte County Department of Development Services ❑ Planning Division ❑ 19 i Project: Cahoon Use Pem»t., UP 99-22 Less Than Significant Potentially With Significant Mitigation Impact Incorporated c) Police Protection? d) Schools? e) Parks? e) Other public services? Response: Less Than Significant No Impact Impact a. Since the Use Permit is only allowing a small wood cutting business, no impact is anticipated in relation to these public service concerns. b. The Butte County Fire Department/California Department of Forestry indicates that access to the property should be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. This requirement is recommended as a project mitigation. C. No impact shall be incurred to police services. d. The proposal will not result in any incremental demand for school facilities in the area. No impact shall be incurred. e. Use Permit approval will not result in any demand for parks or park services. No impact shall be incurred. f. No impact is anticipated to any other public services. Mitigation Measure #4: In order to provided for access by emergency fire fighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 20 Project: Cahoon Use Permit., UP 99-22 Potentially Significant Impact 14. RECREATION. E Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Response: a. and b. Use Permit approval will not result in the need for specific mitigation for area parks and recreation facilities. No impact shall be incurred. Mitigation: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patters, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X 0 Butte County Department of Development Services 0 Planning Division ❑ 21 0 Project: Cahoon Use Permit., UP 99-22 Potentially Significant Impact e) Result in inadequate emergency access? 0 Result in inadequate parking capacity? a Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact X X g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Response: a. - e. No clients, employees or customers are permitted by the Use Permit. The project will generate a nominal amount of traffic trips from the delivery of cord wood and woodcutting. Trips include travel to and from the neighboring orchard which will involve crossing a private easement, and delivery of fire wood to outlying areas over public roads. Primary access to the site is provided by Muir Avenue. According to the Butte County Department of Public Works Muir Avenue had annual daily traffic count of 390 in 1998. The nominal amount of additional traffic posed by the proposed use will not significantly alter the amount of traffic utilizing Muir Avenue. f. No public visits are proposed. The property has sufficient area to provide parking for a truck used for wood delivery and hauling. g. The Use Permit will not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X ❑ Butte County Department of Development Services 0 Planning Division ❑ 22 Project: Cahoon Use Permit., UP 99-22 • Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact' Incorporated Impact Impact b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Response: a. - e. No impact shall be incurred in relation to these public utility and service concerns. f. The project will contribute additional organic waste to the Neal Road Landfill by a small amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project will not have an impact on solid waste disposal. g. No impact shall be incurred to federal, state, and local statutes and regulations related to solid waste. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 23 Project: Cahoon Use Permit., UP 99-22 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact Mitigation: None required. 17. MANDATORY FINDINGS OF SIGNIFICANCE. No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Response: The project does have the potential to contribute impacts that are individually limited but cumulatively considerable with respect to cumulative impact to Initial Study Checklist Items 3d. Air Quality, 7h. Wildland Fire Hazard, 9b. Land Use Compatibility, l la and d. Noise and 13.b. Fire Protection Services. Cumulative impact to these areas will be mitigated due to the inclusion of Mitigation Measures #1 - 5 as itemized under Section V. -Mitigation Measures and Monitoring Requirements. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 24 Project: Cahoon Use Permit., UP 99-22 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: During site development and operation the applicant shall ensure that the driveway and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. Mitigation Measure #2: In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. Mitigation Measure #3: In order provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 am to 5:00 pm. Mitigation Measure #4: In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill and the adjacent property. Mitigation Measure #5: In order to provided for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 25 Project: Cahoon Use Permit., UP 99-22 DATA SHEET A. Project Description • 1. Type of Project: Use Permit 2. Proposed Density of Development: Not applicable to Use Permit 3. Amount of Impervious Surfacing: Minimal 4. Access and Nearest Public Road: Muir Avenue 5. Method of Sewage Disposal: Operator will use existing residence/septic system. 6. Source of Water Supply: on-site domestic well. 7. Proximity of Power Lines: To property. . 8. Potential for further land divisions and development: Not applicable to Use Permit. B. Environmental Setting 1. Terrain a General Topographic Character: Level b. Slopes: None. C. Elevation: 155 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Farwell Loam b. Limiting Factors: None. Suitable for almond orchards on larger parcels. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: None. C. Landslide Potential: None to low, potential subsidence area. d. Fire Hazard: None. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: None b. Ground Water: Unknown, potentially limited. Abundant valley aquifers. C. Drainage Characteristics: No defined courses. d. Annual Rainfall (normal): 21 -inches per year. e. Limiting Factors: No surface water. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good, except when stagnant air conditions persist in the valley. 8. Vegetation: Ornamental landscaping, poplar trees, black walnut trees; oat production on balance of property. 9. Wildlife Habitat: Small birds and animals common to valley grasslands. 10. Archaeological and Historical Resources in the area: Moderate to low sensitivity area. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 26 a • Project: Cahoon Use Pem»t., UP 99-22 • 11. Butte County General Plan designation: Orchard and Field Crops 12. Existing Zoning: A-5 (Agricultural, 5 -acre parcels) 13. Existing Land Use on-site: Residential and agricultural 14. Surrounding Area: a. Land Uses: Orchards and residences. b. Zoning: A-5 C. Gen. Plan Designation: Orchard and Field Crops d. Parcel Sizes: 5 to 70 acres. 15. Character of Site and Area: Agricultural 16. Nearest Urban Area: City of Chico 17. Relevant Spheres of Influence: N/A 18. Improvement Standards Urban Area: N/A 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station number 43 approximately 1.5 miles away. b. Water Availability: Fire tankers only. 20. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1 Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2_ Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2_ Safety Element Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 11173_ 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 Mab. 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. ❑ Butte County Department of Development Services ❑ Planning Division ❑ 27 Project: Cahoon Use Permit., UP 99-22 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 ,19251/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. 0 Butte County Department of Development Services 0 Planning Division 0 NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. Q 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk 6 2000 FROM: Butte County Planning RCAACjE.G E . CLERK 7 County Center Dr., Oroville 95965 DEP SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 99-22, Use Permit AP Number: 042-010-067 Applicant: Dennis and Annette Cahoon, 752 Muir Ave., Chico, CA 95973 State Clearinghouse Number (If submitted to clearinghouse): Contact Person: Daniel Breedon Telephone Number: 538-7601 Project Location: at 752 Muir Avenue, Chico Project Description: Use Permit to allow for the intermittent operation of a portable sawmill and logsplitter and the storage of wood in conjunction with commercial firwood and cut lumber sales.firewood processing This is to advise that the Butte County Board of Supervisors has approved the above-described project on December 14,1999, 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 - ', J 4�2/2_43_j Randy Wils Principal Planner 11. During site development and operation the applicant shall ensure that the driveway, and any area disturbed as a result of operations is watered or treated with a soil palliative to control fugitive dust. 2. In order to minimize the risk of fire spreading to or from the site, the setback from the side and rear property lines shall be at least 30 feet from all Use Permit activities including wood splitting, cutting and storage. No dead grass is allowed within any setback area. In order to provide for the greatest amount of compatibility between the wood processing use and residences in the area, operation of the sawmill and wood splitter shall only occur between the hours of 8:00 a.m. to sundown, Monday through Sunday. 4. In order to deflect any acute noise impact from reaching the adjacent residence to the south, the 7 foot solid plank fence which has been partially constructed on the south property line shall be completed to provide a barrier between the portable sawmill, and the adjacent property. 5. In order to provide for access by emergency firefighting equipment, access to all structures shall be maintained at a 10 foot minimum width, with a vertical clearance of 15 feet with sufficient surface improvement to accommodate a 40,000 pound fire apparatus to all structures. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Dennis and Annette Cahoon 752 Muir Ave. Chico, CA 95973 (530) 894-5826 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18115 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: January 3, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title / Butte County Location: UP 99-22, at 752 Muir Avenue, Chico Project Description: Use Permit to allow firewood processing 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. By: g , Randy Wilson Principal Planner Lead Agency: County of Butte Date: / !y -god rI RECEIPT 18115 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING Fmmipp ,,, �J/j' y/Awd mf --------- Number Use Permits 1 AU P93-28, senior citizen dwelling 2 AUP95-102, detached senior citizen dwelling. 3 ADM98-12, temp.m.h.-Sandra Hill. 4 AUP99-14, temp.m.h.-Pete Ivy 5 UP84-36, homesite segregation 6 UP84-36, homesite segregation 7 UP86-30, temp.m.h. 8 UP92-03, masonic lodge 9 UP92-03, masonic lodge 10 UP93-02, temp.m.h. 11 UP, temp.m.h. 12 UP, 1 ac. homesite seg. 13 VAR, existing garage within 37 feet from C/L of Bell Rd.. 14 VAR, minimum lot size. 15 UP, elementary school 16 UP, 1 ac. homesite seg. 17 VAR, garage 37 ft. from C/L of Bell Rd. Approved/Denied Parcel Number Approved 042-050-070 Approved 042-050-073 Approved 042-050-036 Approved 042-060-056 Denied 042-050-067 Denied 042-050-067 Approved 042-060-013 Approved 042-070-083 Approved 042-070-083 Approved 042-050-042 Approved 042-020-016 Denied 042-050-026 Approved 042-020-038 Approved 042-050-028 Approved 042-020-019 Denied 042-050-026 Approved 042-020-038 U O O c0 w V O CO N r. �K C c u M O W I w N — o _0) 0 0 %� N o W a Cfl N Z Z EXISTING PROPERTY LINE I"- �ES ----------�-------- S 610 13' 16 E 39.6' ".., KI W/ \ o (FUTURE) S 28 51'00" W •44.50' _ S 6161'316" E 35.50' 460_29' 61013'16" W This plat conforms with the approved tentative map and county ordinance: Date WILLIAM J. CHEFF R.C.E. 14223 Butte County Surveyor 34 E 316.46' '/W/ '8 A.C. (D to M TREE ' ROW , ,w 3' Prepared by NorthStar Engineering: MICHAEL D. McENESPY 570' 254.10.56 M IM KIWI 2.68 AC. Q 3 O O 0z IN,OCO IN 61013'16" E 59.97' Barn .d N / 5' _ — S 28051'00"W 115.50' 160.03' 620.32 ' R.C.E 29465 PRO✓EC T LOCA TION SCALE I"= 100' NOTE THIS BOUNDARY LINE MODIFICATION WAS APPROVED BY THE BUTTE COUNTY ADVISORY AGENCY ON BASIS OF BEAR/NGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTHWEST LINE OF LOT I SHOWN L. F. S. A. AS N 610 13'16" W ON THAT CERTAIN MAP FILED IN BOOK 65 OF PARCEL MAPS AT PAGE 65, BUTTE COUNTY OFFICIAL RECORDS. S 610 13'16" E co O � o Oc� CC) — N Nj BELL R N t LOCATION MAP NOT TO SCALE LEGEND PROJECT BOUNDARY EXISTING PROPERTY LINE TO BE ADJUSTED EXISTING WELL LEACH FREE SETBACK AREA �CJliJti bEVFi���t<nrT AUG 211985' TEN TA TI VE 10-00' BOUNDaRY LAC.MODIFICATION BEING ALL OF LOT I AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN BOOK 65 OF PARCEL MAPS, AT PG. 64 8k 65 AND ALL OF LOT H AS SHOWN ON THAT CERTAIN PARCEL MAP FILED. IN BK. 16 OF MAPS, AT PG. 14 NorthStar Engineeri ` ng ' 377 CONNORS COURT SUITE B CHI - _ , CO, CA. 95926 (916) 893 1600 CIVIL ENGINEERS • PLANNERS • SURVEYOR,c APyI-01-bb 4- 11A_ 0(0 —0/ r'�mlvkv, J!-IJL,ZIOI jualuJO9 i Sep 29 99 02:05p tte County 530) 891-2677 p.1 FROM : Arr-aque f'-" `1kg ill r..R Post4t® Fax Note 7671 Date( �7q_ y' pages To 1 From/ Co pt. Co. Phone R Phone R ', _ 'au Fax R _�--3 yYTG, Fez R p i �- . .Y- 17 BUY"fE GAUNTY PLANNING LMMM]SSj()N NO'P1<CE Aiz ru111-11(' HFAi I G Notice is hereby given by the Butte County Planning Commission that a public hearing on, Thursday. October 28. 1999. in the Bu to County Board of Supervisors' Room, County Administration Center. 25 County Center Drive, Oroville, California, regarding the following item: ITP_M ON W UC jA-NEGAIlVE.DECLARAMUMM.MITIGAnob m Amntu REGARDING AT iM1bA(`_7'S HA4 l;t3FN RECOMMENDED 9:30 a.m. - Dennis and Annette Cahoon - Use Permit to allow for the operation of a portable sawmill and wood splitter in conjunction with commercial furwood and cut hnnber sales. The Use Permit aim allows for the garage of up to 20 cords of wood on ply zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest Of and adjacent to Muir Avenue, approximately 180 feet northeast of Rodeo Avenue, Chico. (bile. #UP 99-22) (DB) The above mentioned application. Initial Study, and map arc on file and available for public viewing al the of a of lbe Bthtte County Development services Department, Planning Division, 7 Cannily Center (hive, Oraovilk, California. For infonnation call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning lommission on the project an appeal may be riled with the Clerk of the Board of Supervisors. The appeal period is 10 days. if you challenge the above applications in court, you may he 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. BUTTZ COUNTY PLANNING COMMISSION THOMAS A. PARiLO. DIRECTOR DRVBLOPMlENT Sp.RVICES To be published in the Chico i?ntenprise Record on Thursday, September 30, 1 "9. MN.r 11017 An n N-00" Xlt Pairi P I AT C)`fZ oN 067 x.38 - '76 o 971— -L-%30 891 — 2-`d00 j! an'N rn*,.aiwait,'J gwri zi vIfi-ju') Fd oavi� %Ozi.,lif -.t --niiiiM rnK, mww. t% inti In v —U*:,;t-iw, ai it-nVy, f b%rLt-.-o-r1J- )V?fi.. O -n *'o wal- 014 in 1,-ntf r! -u 4 1-, -. 111 u if ty -f., m j� i q 'aw"Wk !.,=zj5± f.-rx, 1,� Jiffuli ACE! IWt!Iiz.fui f -a". -Ail —L. --Tg -T? tf*niRn11*jz . I n I I <'), w % i 4v1g-A,h-1 -AD �dlu-.zov,) 106 V -`211" h.* ac; liti - n! w:11) . t ko i -F( v) %ralut& �j-dl •m loev" !:mv, ta -S �,Mut 'i y,' iz.-ilifrioLf--3 rtojtf - - tern `.:2~3 -V aei -I tw-,u, m ylbnf, 7 IS '40 tYA") VJJ d;; -,7t 1417. if X1411 k -Aft -3 1e, "Xjp a) oll n" apivml J'(4ity'k �Aj ff: 1xv.-im zi-4j* tm-1. 4a-mv;f 10 MV. ln�Wm 37nel rhtfvh Wd'o-j'.. Q � e.1 - *. �? inwep,11 vuur ;Aq. Vft'\ v Iff ko-,M,niTrut, tr4\1 'A Ale-MO81.1, C (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing ....................... .... ...... .............. AFFIDAVIT OF PUBLICATION State of California County of Butte I ss. The undersigned resident of the county of.. Butte, State of California, says: No................................................................. Cour 25.0 Ville, follov That I am, and at all time herein mentioned was a citizen of the United States and not a partyI to nor interested in the above entitled matter; In that I am the principal clerk of the printer and..... ITN publisher of wo, The Chico Enterprise -Record — Oroville Mercury Register. That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: Sept. 30; 1999. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. Dated ............. SeRt.t...30.,..1999........................., at Chico, California. .,.... ............................... (Si ature) ,Chtco `(File#UP` � The ebove'm2 eft cation,'hiitlel Stutly ° are'- op -`file and `avi; public vigQng'at:the the Butte -County Dei, Services Department Division; ; 7� -Conn Drive, -Oroville,. UP information call: (530), (Monday through F-6 a.m. to 4:00. p.m.);C may be submitted'',1W- any time -prior to;the't orally at:_.1hayrrieetli above or- as -ma : bd to a later date. Upon e an by the Planning. Co on the project an. be filed with the C I Board of Supervisors.. peal period Is 10 day challenge the above tions in court, you me) ad to raising only tho; you or someone else: the public hearing des this notica-oi'in write or THOMAS A. PARILO, DIRECTOR DEVEL SERVICES - ' (C228249) Publish: Seotember 31! 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 www.buftecounty.net Date: October 1, 1999 To:. Responsible and Trustee Agencies Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for Dennis Cahoon Use Permit (UP 99-22) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Negative Declaration to allow responsible and trustee agencies a 20 -day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address prior to October 25, 1999. A public hearing for this matter has been scheduled for Thursday, October 28, 1999. If you have any questions regarding the enclosed environmental document, please contact this office between the hours of 8:00 a.m. and 4:00 p.m. Sincerely, C:2D,r_ — Daniel C. Breedon Senior Planner cc: Dennis Cahoon Butte County Public Works Department, Land Development Division Butte County Environmental Health Department California Department of Forestry Agriculture Commission Air Pollution Control'District Farm Bureau r 0 NEGATIVE DECLARATION DISTRIBUTION LIST REVIEW PERIOD: 20 days minimum APPLICATION: Dennis Cahoon Use Permit (UP 99-22) DATE: October 1, 1999 A2 Total C 'es 6-461- AJ Project Representative Name County Offices mid Cities: _Chief Administrative Officer_ t/ Environmental Health Sheriff LAFCo City of Biggs City of Oroville Irrigation District: Develop. Services Director / BCAG y � APCD City of Gridley Town of Paradise Public Works Director Building Manager ALUC Butte Co. Famm Bureau _,City of Chico Chico Airport Commission Agricultural Commission _ Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Themialito Irrigation _ Other Domestic Nater _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Themialito Irrigation District _ Other Sewer _ Butte Water District _ Thenmalito Irrigation _ Sterling City Sewer Main _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fill Pr Lection 77/Butte County Fire Protection (CDF) _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities, _ PG&E North - Chico _ Chambers Cable TV Pacific Bell PG&E South - Oroville _ Viacom Cable TV Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Anny Corps of Engineers Other Districts, Agencies, Committees, local representatives of State agencies etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society School Districts _ Butte Co. Mining Committee _ _ Isorest Ranch C6numunity .Assoc. _ Butte Ck. Watershed Conservancy Dept. of Fish and Game (Henry Lomelli) _ Central Valley Regional Water Quality Control Board (Ron Dykstra) State Agencies (Note: Review by State agencies requires submitting I 1 copies of the Negative Declaration/Initial Study to the State Clearinghouse; 1400 Tenth Street Sacrenmento CA 95814. The review period must be extended to 30 days.) CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Gane (Rancho Cordova) Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program _ Depa tnient of Conservation _ Off.of. Mine Reclamation _ Off. of Governmental & Env. Relations _ Dept.Social Services, Connm.Care Licensing Individuals w lave requested copies of Negative Declaration (use additional pages if necessary): Nine Address Name Address Nannie Address 0 ^s BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dennis and Annette Cahoon, UP 99-22 DATE: June 21, 1999 CONTACT PERSON: Daniel Breedon 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 firewood processing on property zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. 2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 6, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. ?9�Z OZz COMMENTS (Attach additional pages if necessary): CSA 24 (Chico Mvd C•re,E' ���:,Aa� 2. 94rdt C". MoEq"'J' Cen%e/ 3. Cl co 4vY a RtC c AQ✓A S, LSUr�r Co��tGL i By: _moi{, Cuter Date: GAS 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 . BUTTE U COUNTY AIR QUALITY MANAGEMENT DISTRICT 2525 Dominic Drive, Suite 1 Chico, California 95928 Tel: (530) 891-2882 Fax: (530) 891-2878 July 1, 1999 Daniel Breedon, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: UP -99-22 Dear Mr. Breedon: LAWRENCE D. ODLE Air Pollution Control Officer W. JAMES WAGONER Asst. Air Pollution Control Officer The District has reviewed the request for comments for a use permit to allow firewood processing located at 752 Muir Avenue in Chico. Based on the information submitted the District recommends incorporating measures to control fugitive dust emission from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of other acceptable soil palliatives. Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact me at 891-2882. Sincerely, Gail Williams Air Quality Planner File No 3451.1 \\bC8Pcd\sys\aM\Wpdm\eir\bmpM2.doc Planning Department J U L 71999 Orcerille, California A TO: FROM: RE: DATE: 0 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION California Department of Forestry Butte County Planning Division Planning Division JUN 2 3 1999 ®roville, Cawomia Request for Comments on a Development Application: Dennis and Annette Cahoon, UP 99-22 June 21, 1999 CONTACT PERSON: Daniel Breedon 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 firewood processing on property zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. 2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 6, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional naves if nerescarvl- By:�64-Da Z Y te. �Q � Z ( 9 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 00 • • BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Dennis and Annette Cahoon DATE: June 14,1999 AGENT: ATN: 042-010-067 FILE #: UP 99-22 PLANNER: PROJECT DESCRIPTION: Use Permit to allow firewood processing Those items checked are conditions of approval. PLEASE CONTACT THE Bi JTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS ' Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. —2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Planning ®ivislon JUN 2 4 1999 0"Ov-111% Caiiiomia TO: Animal Control FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dennis and Annette Cahoon, UP 99-22 DATE: June 21, 1999 CONTACT PERSON: Daniel Breedon 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 firewood processing on property zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. 9. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 6, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additiona.1,pages if necessary): By - Date: e 7 County Center Drive - Oroville, Califomia 95965 - 916-538-7601 - FAX 916-538-7785 C. • r, BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 0 EnV1-n,,,. N ealtJ� JUN 15 1999allt Chico, C , omla TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dennis and Annette Cahoon, UP 99-22 DATE: June 14, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2., Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please ca11538-7601. Thank you in advance for your time and efforts. This is an application for _Use Permit to allow firewood processing on property, zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. 2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON _October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN .Tune 28, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 ,1 U N 2 5 1999 ®roville✓, California im BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Dennis and Annette Cahoon, UP 99-22 DATE: June 14, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to allow firewood processing on property zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. 2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN .lune 28, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): No ez� d d - � �.✓6u c� Date: 4--,3 RECEIVED 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 JUN 1 4199.9 COUNTY OF BUTTE LAND DEVELOPMENT DN. Cl 0 BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Dennis and Annette Cahoon AGENT: • DATE: June 14, 1999 APN: 042-010-067 FILE #: UP 99-22 PLANNER: PROJECT DESCRIPTION: Use Permit to allow firewood processing Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMIENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS _�Q_ 1. gtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. Prior to the issuance of building permits deed 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. 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section 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 1. Prior to the recordation of the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak 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. Notice is hereby given by the Butte County Planning Commission that a public hearing on, Thursday, October 28, 1999, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:30 a.m. - Dennis and Annette Cahoon - Use Permit to allow for the operation of a portable sawmill and wood splitter in conjunction with commercial firewood and cut lumber sales. The Use Permit also allows for the storage of up to 20 cords of wood on property zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest of and adjacent to Muir Avenue, approximately 1,100 feet northeast of Rodeo Avenue, Chico. APN 042-010-067 (File #UP 99-22) (DB) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, September 30, 1999. Notice is hereby given by the Butte County Planning Commission that a public hearing on, Thursday, October 28, 1999, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:30 a.m. - Dennis and Annette Cahoon - Use Permit to allow for the operation of a portable sawmill and wood splitter in conjunction with commercial firewood and cut lumber sales. The Use Permit also allows for the storage of up to 20 cords of wood on property zoned A-5 (Agricultural - 5 acre parcels). The property is located northwest of and adjacent to Muir Avenue, approximately 180 feet northeast of Rodeo Avenue, Chico. (File #UP 99-22) (DB) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, September 30, 1999. r LEAD IN SHEET FILE NO: P 99-22 042 010-067 OWNER: REPRESENTATIVE: REQUEST: SIZE: 5 acres LOCATION: at 752 Muir Avenue, Chico SUPERVISORAL DISTRICT # 2 EXISTING ZONING: A-5 ZONING HISTORY: 10/07/75 Ord, 1629 SURROUNDING ZONING: A-5 SURROUNDING LAND USE: Ag -res SITE HISTORY: GENERAL PLAN DESIGNATION: Orchard and Field Crops APPLICABLE REGULATIONS: CUP Rec'd 06-11-99 COMMENT DISTRIBUTION LIST APPLICATION: Dennis and Annette Cahoon Chambers Cable TV _ Pacific Bell DATE: June 14, 1999 Viacom Cable TV State Agencies County Offices and Cities: CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game _ Forestry (Attn: Craig Carter) Chief Administrative Officer / Develop. Services Director // -'X_ Public Works Director Environmental Health Off. of Mining Reclamation _ Assessor _ Dept.Social Services, Comm.Care Licensing Building Manager Sheriff _ LAFCo �/k_ BCAG APCD _ ALUC Butte Co. Farm Bureau _ Biggs _ US Fish & Wildlife Service Gridley Chico Oroville �/ Paradise _ Chico Airport Commission Mosq. Abatement. Oroville/Butte Co Drainage _ Animal Control Paradise Pines Com. Assoc. Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) _ Fire Protection X_ California Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Themalito Irrigation L.O.A. PUD El Medio Fire Protection District Durham Area Recreation _ Richvale Recreation & Parks Sterling City Sewer Main Feather River Rec. & Park _ PG&E North - Chico _ Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies 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.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application; Dennis and Annette Cahoon, UP 99-22 DATE: June 21, 1999 CONTACT PERSON: Daniel Breedon 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 firewood processing on property zoned A-5 (Agricultural -5 acres) located at 752 Muir Avenue, Chico, identified as APN 042-010-067. Supervisorial District No. -2. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON October 28, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 6, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: applicant AGENT: DATE: June 14,1999 APN: 042-010-067 FILE #: UP 99-22 PLANNER: PROJECT DESCRIPTION: Use Permit to allow firewood processing Those items checked are conditions of approval. PLEASE CONTACT THE B TIT •DING DIVI ION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances'considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. APPLICANT: Dennis and Annette Cahoon DATE: June 14, 1999 AGENT: APN: 042-010-067 FILE #: UP 99-22 PLANNER: PROJECT DESCRIPTION: Use Permit to allow firewood processing 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. 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. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than , gallon size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved • 0 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 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. 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. • 1 • 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. 4 -II -q9 1`1625 IDL • " NOE/NOD 156.— 3 PUBLIC ENV. FIRE OTHER RECEIPT TOTALPUBLIC LAFCO PLANNING SALES HEALTH F/G FEE DATE NO. RECEIVED WORKS OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING 'sC boorlt c roan APPLICANT I RECEIVED FROM RECEIPT 17625 7 T 22N. R. l E. M.O. B. B M. 42- L O/ C7 cts .� 'y m E I � `.99 C3 •7 B l`.rd0•. O 1 .1 Iv, 1 I. 6 1 5 1 4 .; ! 1 18 /7 y -ss 1 1 r 1 ..j_ 4z_ _fl.._ y H1.20AC1 —_.+---+ 1 (� I--�---- �A i 9 I to I rr I J� r1 yl 13 I EK I I r0 CL I o 1 f �Q I I' • 15 1 16 �• p/ �, �L :+ I 23 0�� 606.dO CT -- ` 113.11Ac a .¢r 56 1 1' G i 2r I 20 1 r9 I r6 I 17 0 �� _ I I----+----1----�----- 1'• I 50 J 1 26 I 27 I 28I 1 1 I I 19 I JO I 31 1 32 5.35AC I 1 BELL I 1 1 233 :ROAD 42-34 isb . c ) @41. r J a m c O 7 i ), )0 'P -y roar. s I A O 9! lA 0. 611 96 II .�P 90 i 3.60AC 69 Ie� 69 J )J.4T O Z'r_ - - -41 - tPMll3- 4 I BIDWELL 0.7eAC0 or /e t, 6• , ti -3R0 SUB. 3 : )�, �), ),,..,. >� 4 r �� yyt% ► 5,-,-, ', ��� • 3 BO : - B9 '� BJ 64 65 I 79 b 3� ` .06 J.0Q. I 48 ,ir�r ,e�ii1 t�PMIr/ i.ro ,n.ry 1. y PM49'19 19J 66 PM63 , � A P 68 � PMp9.,�0 c,G S0 94 n 4' 0 J4.99AC �Q Z 67 42 -OZ ti i 4.67AC . � •moi 7 • ' . F42-061ac t i -nn'lorm Irccz 1-1111 urcivira 'EaFon Rd. Easement proposed wood Storage 35 to. 23' arm _I r�' I CA fl- 1.� �.•, �IIJj ' i pro�oserS decl: I IR'Y.lo' cLAI ing and © P'jLxirn. Splltl-incg --p li area 73 yj -------------,.. 'I' w10oJ. •�enCC- I I iI I J,a �II I profose.d wood siura9� a rcn.- I �o � - sawmill Q° I I � ' wood I I _I r�' I CA fl- 1.� �.•, �IIJj Clta�n link decl: DI Zj Pro Posed "p ood atarage li a ren_ �I��, {I CI1g6tI�nK �reo In I I iI I J,a �II I a I portable � I I sawmill _I r�' I CA fl- 1.� �.•, �IIJj Clta�n link N Zj li i��� �I��, {I CI1g6tI�nK �reo In I I iI I J,a �II I �I C/ I � I I Q° I I � ' Q I I I — • ° I I� I I V I � I I Corrn 1 13 2.1. ro to t N 13 I I I � j M (V5 I I ' I Proposed slte Plan -For: Dennis A • eahaor? , 75Z Muir Ave. Chico, CA 9597J Parcc-1 �. Z—DID—O(o7 Cal 31 �� y ivloocl FcnCB - - - - - Q° I•n I � I — • ° I I 24 s ,l8 I I Corrn /M -obi JYomG irk I j , I a.� X I5a 13 i 1 13 1 ' I ' I � 1 • � I I /�1ct it Ave—