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HomeMy WebLinkAboutZCA 07-0002PROJECT SUMMARY SHEET FILE NO.: ZCA07-0002 PROJECT TYPE: ZONING CODE AMENDMENT APN: 040-630-013 APPLICANT: FUHRING, JAMES `'�` '�(� �"�``' ctq,�`�"' " ADDRESS: 2280 DURHAM DAYTON HWY. DURHAM,CA 95938 PHONE: 5303423621 OWNER:, FUHRING, JAMES ADDRESS: 2280 DURHAM DAYTON HWY., DURHAM, CA 95938 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The amendment will apply to lot one. LOCATED: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). PROPERTY ZONED: PUD (Planned Unit Development) GENERAL PLAN DESIGNATION: AR (Agricultural/Residentia.) TOWN/AREA: Durham 1. Application accepted: 7/6/2007 Amount: $ 4833.00 Receipt #: P558 2. Assigned To: Chris Tolley 3. Conference Room reserved: 4. Date and Time of Conference: 5. Pre -Development Letter sent to applicant and agencies: 6. Comments sent to: 'IDR, 7. Comments received from: 8. Staff Report: 9. ' Follow-up letter sent to applicant: K://planning/projects/a new filel/pred summary sheet Revised 11/01/05 Project Video: Butte County Department of Development Services�uTTF Gds yt'Project Y i> ;.-i., .•...r_M q" 'li. TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o i?I i;: o 7 County Center Drive ° ° Oroville, CA 95965 0 (530) 538-7601 Telephone o'="_'- o (530) 538-7785 Facsimile CDi,ti'C� / M;"ln `;�ti °, ew:z:ss ttarzr r r.:, ssr -�- r��a •'F°. IN N' }F'*` X.� ! ��i 3ri y} '1', 11�, ''`. 52v PROJECTINFORIVIATION � Eaa:.°3'4"�iK�te.-Sa��.�.iii�'S7P•.. �`.i�ikt.,i `_1'E�L bct""�.'�l`,SEIi�CY',!dPfA.aw�;.atfi'X kiC4�:bP^_4�'7^i1.,.4ts.-kv .�3'GL c.F.^'�-�lY.%.v.:� �53 Gds yt'Project Y i> ;.-i., .•...r_M q" 'li. APP ICANT'S NAME: (If applicant ' di erentfrom owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ADDRESS: � TRE T, CITY, STA , &ZIP CODE � (ELEPHj NE: / m - � E-MAIL: FAX: levI (330) OWNER' NAME: TELEPHONE: ADDRESS: STREET, CITY, STATE, & ZIP CODE: ^ � 4� 'r"`cr t '1 z ^� r'.>v ���PS,rtFit- T'�� t ��! '�r�wa t. .. ,,. '' a7 7,, `L�'' '`` " • :Y 1 i-' F :� S : '_3- , . �f1k�r.zt�,? rt.F.:._�PROPERTYINFORMATION;r,�at: NAME OF PROPO ED PR OJE (if y), SITE SIZE (in square feet or acres) LOCATION OF PROJECT (major cross sheets and ddress, if any) d DU Ccl Z NE GENERAL PLAN EXISTINGfLAND USE PROPOSED LAND USE P40 EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT ,r a � � ❑ Yes ® No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED Q PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER [� PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER 4z" —�a. APPLICATIONrTYPE .3t, �..ti,,w S:ti,��� ., . ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT BUTTE ❑ CERTIFICATE OF CORRECTION ❑ COUNTY COMMUNICATIONS FACILITY UP/MUP C ❑REZONE ❑ VARIANCE JUL _ 6 '�QQ� ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT DESERVI,C SN f ❑ DEVELOPMENT AGREEMENT �� ��/ � ❑ CERTIFICATE OF MERGER 4 $OTHER P 9N &1 A/%ia loBye//y "Lnfti}�'d �- , r ntF�,.,}. PROJECT DESCRIPTION,. ..z.'s.rT'L''.�. FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) 136d.41,A0 AQ AC t`' t' ` OWNER CERTIFICATION, I CERTIFY THAT I AM PRESENTLYTHELEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CE Y THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavi auth rization and clude the affidavit with this application.) DATE: '711plo-7 SIGNATURE: Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile � 0' s PROJECT SETTING DESCRIPTION INSTRUCTIONS ,� n Applicant Name: f ,e Project Number: —ZL 0���� Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. - BUTTE COUN'ry pl. - 6 2007 DEQ -'01,I MNT SEFLyICES W.W. Durham House Durham, California INTRODUCTION The W.W. Durham House* is now and has historically been a detached two-story single family dwelling of approximately 4,000: square feet. It is a wood frame and .clapboard structure on a brick and concrete foundation and is Italianate in style. It -has a low hipped tin roof and bracketed eaves:** The :house is:basically rectangular in shape with two prou-udin- bays. (Please see attached floor plan and elevations -Exhibits 1& 2.) Built in 1874 for W.W. Durham and his bride, Minnie Van Ness Durham, it is located on its original site in the town bearing his name, Durham, California.l The only other structure on the grounds is a small stucco garage with a corrugated tin roof, its cornerstone is dated 1912 (see photo 19). The house is flanked by two enormous heritage oak trees, the larger on the east and the second on the west side. The one on the east side is pictured rising above the house in an 1880 lithograph (see photos 10 & 20): The palm tree in front of the house was planted by Minnie Durham and can be seen at varying stages of growth in photos 4, 5 & 21. W.W. Durham planted various types of grafted citrus trees on the property and several remain in front of the house -2 Most of the alterations to the house's exterior appearance were made by the Durhams. Minnie enclosed the front porch and used the space for growing flowers year-round. A second -door window replaces a door that matched the front door and led to the balcony at the front of the house and the balustrade was removed. This alteration also occurred early in the house's history. There is a much later addition of a bathroom on the west porch accessed by what were originally exterior portals from the billiard room and dining room. It is an unattractive and poorly done addition, but will be easily removed in the process of restoration. Two exterior portals leading to original balconies were filled in, though no attempt was made to hide their original location. Only photographic evidence of the original balustrade remains, but is sufficient for accurate reproduction. The grounds are currently overgrown and the original farm buildings are gone, all traces of them long since ploughed under for what is now an aged and untended almond orchard. The major landscape features, however, remain: the huge oaks (see photo 20), Minnie Durham's palm and some of W.W. Durham's citrus trees (see photo 21). The oak and palm are in good condition, while the citrus trees are not. - -BUTTE COUNTY JUL - 6 2007 DEWLOpWNT SE��CES STATEMENT OF SIGNIFICANCE W.W. Durham House Durham, California SUMMARY In 1874 W.W. Durham built a spacious new home for himself and his bride, Minnie Van Ness Durham. The W.W. Durham House* is located a quarter mile east of the Central. Pacific railroad tracks and the current center of the community of -Durham on,the Durham -Dayton Highway in Butte. County, California. The house served. as home and .headquarters for W.W.'.s successful farming endeavors from its completion in 1874 until his death in January 1907--a period Generally matching the height of the community's early growth and prosperity. Durham came to California in 1861 with his brother, George, to help their Uncle Robert Durham run his farm (which, incidentally, he inherited from famed California pioneer, Samuel Neal). W.W. learned the farming business well and inherited 440 acres of Robert Durham's larger ranch at his uncle's death in 1871. In 1870 the California and Oregon Railroad was put through to Chico, and Durham Station (so named because it cut through the Durham Ranch) became a convenient shipping point for local crops. In 1873 W.W. deeded land for the Durham Flour Mill, the first business building erected in Durham. The railroad stop and the establishment of the flour mill were central to the emergence of a new community. As the community grew, the need for a church was brought to Mr. Durham's attention and in 1895 he deeded land and helped establish the first church in the village. Mr. Durham planted grain and fruit crops and spent much time experimenting with budding and grafting of fruit and nut trees in the front and back yards of his home. He often consulted with General John Bidwell of Chico with whom he shared an interest in horticulture. Evidence of his experimentation remains at his old home in the form of grafted fruit trees (one beating both lemons and limes) and English walnut trees grafted on claro walnut root stock Thus, W.W. Durham and his home (the first of such size and relative grandeur) became standard bearers for the community which developed around the efforts and successes of W.W. Durham. (See photo 18 --context.) *William Wellington Durham was commonly referred to and signed documents and personal letters as W.W. Durham. This application is, therefore, made under that name. Bi3TTE _. COUNTY JUL -6 2007 DE StLOFMj NT • 40 4 NOTES T, THIS SHEET SHOWS ADDITIONAL INFOI&ATI N. IS FOR U60RMATIONAL MRPOSES ONLY. DESMONG CONDITIONS AT THE TIRE OF Funic; AND IS NOT N EI"D TO AFFECT RECORD TITLE INTEREST. 7. ALL HOES SHALL HAVE FLASHED nOOR OEVANON4 OF AT LEAST ONE (T) FO0l ADGYE THE 100 YEAR FLOOD RAN. Z. IF DURING CONSIROCTRK MY ARCHAEOLOGICAL REMAINS ATE OSCOVEPED ON-SITE CONSTRUCTION SHALL CEASE AND A PROFESSIONAL ARCHAEOLOGIST SHALL BE CONSMTED AND A FULL EEAtDNATION S. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS SHALL BE INSTALLED ON THE INDIVIDUAL LOTS NOT IN THE COMMON MEAS SHALL BE COMPLETED. S AT SIOH TIME A BE SYSTEM BEWNES AVAI AI LL. PROPERTY OWNERS SHALL CONNECT TO THE 9. THE SHERIFF DEPARTMENT RIPACT FEE SHALL BE PND N ACCORDANCE W M THE ADOPTED O✓DINMCE SYSTEM MTIM A TOTE FRAME ESTABUSHEO BY THE COUNTY OF BUTTE SHOULD THE O DI NMM NOT BE EFECTIVE WHEN THE RIMIER GOES TO THE BOARD OF SIPENVTSORS FON APPROVAL. THE MRIQWT SHALL SON M AGIEEMENT TO PARTE IN THIS MOONAM. .. THE EXISTING WELL ON PARCEL UJ SHALL ONLY BE USED FOR AOUNLTVRAL PURPOSES ONLY. ALL ONEWNQ9 SHALL CONNER TO PUBLIC WATER. 1Q COIPACDON TESTS BY A WANTED NOMOIAL OR FOIRgATION DESIGN BY A REMSTERED ONL S DEVELOPMENT Q PARCELSMiNN 1116 SIBOVNON WLL fEOUPE CONNECTION TO • PGlIIJC WATER ENGINEER OR ARCHITECT IS REQUIRED PRIOR TO ISSISANCE OF BIA ONG P ITS. SUPPLY. B. UPON CONVERSION TO A NON-AGR*ANlRAL USE ON THE PARCELS TO THE NORTH AND GST THE AfiYEWIURAL BUFFER ZONE MAY BE ELILONARD MTH THE NVROVAL GE THE PLANNING OI—. i j 0 JONES A VEN(/E SHEET 3 of 3 LEGEND 0 EDSUNG KLL DA BUILDING SETBACK LANE L-\:] AGRIOATURAL BUFFER ADD/AONAL- lWa MAAON SH££T DURHAM QREEN Pkrr4d Unit Development - PMse 2 and Lot Une AdMby nt BEING LOT 1 AND "REMAINING LANDS" AS SHOWN ON "DURHAM HOUSE PLANNED UNIT DEVELOPMENT — PHASE 1" PER BOOK 138 of MAPS, at PAGES 96-98; ALSO BEING A PORTION OF SECTION 30, T.21 N., R.2 E., M.D.M BUTTE COUNTY CALIFORNIA FOR THOMAS G. and CAROL A. DiGIOVANNI NorM ar AARON ONYE • —Q CNFGIN"A a3oTJ GERO1\CGFMI\V FHw(STY) OilYlatrO Fa. (SJD) E9J-THHJ A.PJH..D-TB-LUBE a OB, .RINE 1998 .IW NO. 5957 11900k /4G, /0966 (�S Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATIONS FOR REZONE AND/OR GENERAL PLAN AMENDMENT Applicant Name: ��jqfii Project Number:�=— - 07-000o- Cheheckk All That Apply L� REZONE �? �� Gads— Ar/I�Q id►�� pop .01c&wLa&A) ❑ GENERAL PLAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application Packets with missing components cannot be accented. Include this checklist along with your submittal. Applicant Planner BUTTE / 1. b�A completed, signed Project Information Form. COUNTY 0""'A --� / JUL - 6 2007 2. lam' 0 A complete Project Setting Description (instructions attached). DEVELOPMENT SERVICES 3. If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. "EA signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a f�,01 check in the amount of $75.00 made out to "NEIL". Alternatively, you may submit proof of a previous Archaeological Resources Project Review. 5. Jd" Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecounty.net/dds/Planning Additional fees for publication notices will be required. Application fees are non-refundable. Applicant's Initials 6. ❑ ❑ A creation document for the project parcel and evidence of current property ownership. J 7. If the Rezone/GPA involves more than one parcel, a petition signed by a minimum of 60% e owners of the parcels affected, must be submitted. 8.1.0 ❑ SITE PLAN: Thirty (30) copies of a detailed site plan drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26", folded to 8 ''/z" x 11". Include one copy of the map on an 11"x17" sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a. ❑ ❑ Name and business address of the applicant, engineer and/or person who prepared the map. , b a ❑ Assessor Parcel Number(s); street address (if available); and/or Township, Range and Section numbers. C. ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. d. ❑ City and special district boundaries (if applicable), existing and proposed general ❑ Plan and zoning designations for the property and surrounding properties within 300 feet. Dimensioned locations of existing and proposed public and private improvements e' El❑ on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, storm drainage systems and street lights.) Location of all water features including, but not limited to, natural and human -made f ❑, ❑ drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agFicultural crops. Distances between any significant natural and constructed features of the property, g. ❑ ❑ such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h ❑ ❑ For vacant or substantially undeveloped land, show contours at an appropriate vertical scale. 1' ❑ ❑ Vicinity map indicating the location of the land in relation to the nearest major roads and/or significant to ographic features in the surrounding area or region. j ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. k ❑ ❑ All plans must be clear and legible. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. Signature: Signature: Planner Receiving Application Date: 7121Zoz Date: 7/6 ( o 7 BUTTE COUNTY JUL - 6 2007 DESERVIC�ESN I K:\Planning\FORMSWPPLICATIONS\RezoneAndOrGenPlanAmend.doe Revised 07/26/06 NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 25 County Center Drive PO Box 3044 or 1400 Tenth Street Oroville, CA 95965 Sacramento, CA 95812-3044 Sacramento, CA 95814 FROM: Butte County Department of Development Services, Planning Division 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 040-630-013 Project Title: ZCA07-0002, ZONING CODE AMENDMENT Applicant: James Fuhring, 2280 Durham Dayton Hwy, Durham, CA95938 Contact Person: Mark Michelena Telephone Number: 538-7376 Project Description: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The zoning code amendment will also allow as conditional use, a wedding facility. The amendment will apply only to this APN. Project Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). State Clearinghouse Number (If submitted to clearinghouse): This is to advise that the Butte County Board of Supervisors (Lead Agency) has approved the above-described project on August 19, 2008 and has made the following determinations regarding the above-described project: 1. The project ❑will; ® will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ❑were, ®were not, made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan ❑was, ®was not, adopted for this project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. 6. Findings ®were, ❑were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR, with comments and responses and record of project approval, or the Negative Declaration, is available to the general public at: 7 County Center Drive, Oroville CA 95965. Date received for filing and posting at OPR: N/A. 0 L E OCT ] 6 2008 LAND E UECO. CLERK DEPUTY Butte County Department of Development Services 7 County Center Drive Oroye C� 9� �D5 �, C axles Thistl thwaite Division Manager Department of Development Services 11 0 1• DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: James Fuhring 2280 Durham Dayton Hwy Durham, CA95938 Project Title/File Number: ZONING CODE AMENDMEN, ZCA07-0002 APN: 040-630-013 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ® A. Negative Declaration $1,876.75 State Filing Fee (Fee Waived — See attached F&G correspondence) $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2606.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. OTHER (Specify) ❑ $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # «RECEIPT NUM» 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: October 10, 2008 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE 0 May 27 08 11:47a Craig Carter 530-896-0644 P.2 State of Californla - The Resources Agency ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov_ Environmental. Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 CEQA Filing Fee No Effect Determination Fore Date Submitted: May 21, 2008 Applicant Name: James and Cheryl Fuhring Applicant Address: 2280 Durham -Dayton Highway, Durham, CA 95938 Project Nam: Durham House Zoning Code Amendment CEQA Lead Agency: Butte County Department of Development Services CEQA Document Type: Negative Declaration SCC Number and/or Local agency AD number: ZCA07-0002 Project Location: The parcel is located at 2280 Durham Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). Brief Project Description; This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham !-louse, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of lbr stricture as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. This initial study evaluates the project -specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Code Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway_ The parking area contains approximately four or five spaces,The: yuazatity of parking spaces is sufficient to meet the requirements of Butte County Code Section 24-240 (Parking regulations), as they apply to a bed and breakfast home_ A parking area is also located at the rear of the parcel and is maintained for the owners' use. Cmuemlzg Cagor'ntia's Wiffafe ,Since 1870 Mai 27 06 11:48a 0 Craig Carter • 530-896-0644 P.3 Determination- Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)) the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine.the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this detemtination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the lime of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3)_ Issued By: Title: Date: O� A a. Am' BUTTE COUNTY CLERKWF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Zoning Code Amendment ZCA07-0002 for James & Cheryl Fuhring. DDS, DATE: 8/4/08 MEETING DATE 8/19/08 DEPARTMENT: Planning REQUESTED: REGULAR X CONSENT Chuc �:� CONTACT: Thistle w PHONE: 6572 DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: A Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD). The ZCA will apply to parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection) The project was presented to the Planning Commission at the June 12, 2008 meeting. REQUESTED ACTION: The Planning Commission recommends the Board of Supervisors approve Zoning Code Amendment ZCA07- 0002 to add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, by taking the following actions: I Adopt the attached Resolution making findings and adopting the Negative Declaration pursuant to the California Environmental Quality Act (CEQA); and 11. Adopt the Ordinance modifying the previously approved PUD. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT 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.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor -Controller's Number (if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes No x _ Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe: memo Rev. 06/02 SPECIAL INSTRUCTIONS TO CLERP Number of originals required to be returned to Department: 1 "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 X Resolution Required X 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: H Source of Additional Funds Reauested Contingencies $ (Fund Name: (Fund Number: Unanticipated Revenue $ (Source: (Rev. Code: Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day rior To normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B -Transfer? Yes No LINE ITEM To To To To A Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From LINE ITEM To To To To A 0 • BUTTE COUNTY BOARD OF SUPERVISORS NOTICE OF PUBLIC HEARING FOR ZONING CODE AMENDMENT 07-0002 Notice is hereby given by the Butte County Board of Supervisors that a public hearing will be held on August 19, 2008, at 10:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the Planning Commission's recommendation to adopt a Negative Declaration and approve Zoning Code Amendment ZCA07-0002 for James and Cheryl Fuhring. In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Negative Declaration for project ZCA07-0002 for James and Cheryl Fuhring. Applicant: James & Cheryl Fuhring Project Name: ZCA07-0002 Planner: Mark Michelena APN: 040-630-013 General Plan: Agricultural Residential Zoning: PUD (Planned Unit Development) Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection) Project Description: A Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Negative Declaration (IS/ND), application, and reference documents for this project are on file at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/ND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board of • 0 Supervisors at, or prior to the public hearing. For information call or send an email to Mark Michelena, (530)538-7376 or mmichelenagbuttecounty.net. To be published in the Chico Enterprise Record on Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING August 19, 2008 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: Zoning Code Amendment ZCA07-0002 (Fuhring). 2280 Durham -Dayton Highway, Durham (APN 040-630-013) Requested Action: The Planning Commission recommends the Board of Supervisors approve Zoning Code Amendment ZCA07-0002 to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit, by taking the following actions: I. Adopt the attached Resolution making findings and approving the Negative Declaration pursuant to the California Environmental Quality Act (CEQA); and II. Adopt the Ordinance modifying the previously approved PUD. Background The Planning Commission heard Zoning Code Amendment ZCA07-0002 request on June 12, 2008 (Attachment B). The project is a Zoning Code Amendment to modify a previously approved PUD. The ZCA will apply only to parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure on the National Register of Historical Places, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. Access to the parcel is off of Durham -Dayton Highway. Key Issues Zoning The existing PUD, which is adopted by Ordinance as the zoning for the subject parcel, currently allows only uses and activities identified with the Suburban Residential (SR) Zone, Section 24-135 (a) & (b) of the Butte County Code. The Suburban Residential zone does not allow bed and breakfast homes, which are defined by code as a structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations. Bed and breakfast homes are permitted uses in the R-3 and R-4 zoning districts and conditionally permitted (minor use permit) uses in the A, A -R A -SR, FR, M -R, R-1, R-2, R- N, H -C and RPO zoning districts. Due to its limited size, bed and breakfast home use is quite similar from a land use planning perspective as a single-family dwelling and is likely to generate similar environmental effects. If approved, Zoning Code Amendment ZCA07-0002 would allow a wedding facility subject to a future use permit. A wedding facility is not part of the current application. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to land use will be further evaluated and required findings made. The Planning Commission would be responsible .for approving, conditionally approving, or denying future use permit applications for a wedding facility on the parcel pursuant to Chapter 24-45 of the Butte County Code. The Board would hear any appeals. Public Comment One neighbor spoke at the Planning Commission hearing. He was supportive of the project,, but had a concern that an access easement to his property for agricultural purposes might be blocked. Staff explained at the Planning Commission meeting that the bed & breakfast home would have four (4) parking spaces which is adequate parking for the bed & breakfast home. The parking as proposed would not block the access easement. Any future use permit for a wedding facility would analyze the parking requirement and be approved only if the proposed use of the property will not impair the integrity, and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Presumably, the use permit would be issued only if the access easement was not hindered. If you have any questions, please do not hesitate to contact Planning Manager, Chuck Thistlethwaite at 530-538-6572 or me at 530-538-6821. 2 2 Sincerely, Tim Snellings, Dir r Attachments: A. Board of Supervisors Resolution and Ordinance B. Planning Commission Agenda Report and Minutes for the June 12, 2008 meeting 3 3 LJ • A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING A NEGATIVE DECLARATION FOR ZONING CODE AMENDMENT (JAMES AND CHERYL FURRING) WHEREAS, the Board of Supervisors has considered Zoning Code Amendment 07-0002 for James and Cheryl Fuhring in accordance with Chapter 24, Section 25 (Zoning), of the Butte County Code on a portion of Assessor's Parcel Number 040-630-013; and WHEREAS, the Board of Supervisors has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Zoning Code Amendment 07-0002 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, on June 12, 2008 the Planning Commission held a public hearing on ZCA07-0002 and recommended approval to the Board of Supervisors; and WHEREAS, a duly noticed public hearing was held before the Board of Supervisors on August 19, 2008; and WHEREAS, the Butte County Board of Supervisors finds the proposed zoning code amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The proposed amendment is consistent with Butte County General Plan Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility would provide for self-employment and a degree of financial independence for the residents. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that a wedding facility is compatible with surrounding uses. 2. The proposed amendment is consistent with Butte County General Plan Land Use Element Policy 4.3 by providing commercial services for the community and neighborhood levels. 3. The bed & breakfast home is considered compatible with surrounding residential land uses; and WHEREAS, the Board of Supervisors has considered the recommendation of the Planning Commission, public comments and a report from the Planning Division. 4 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors takes the following actions: I. Adopts a Negative Declaration, based on the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Board of Supervisors has considered the Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and. Game Code Section 711.4 is not required, based on the determination from California Department of Fish and Game that the project has no potential effect on fish, wildlife and habitat. DULY PASSED AND ADOPTED this 19th day of August, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: CURT JOSIASSEN, Chair Butte County Board of Supervisors ATTEST: C. BRIAN HADDIX, Chief Administrative Officer and Clerk of the Board Deputy 5 I ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 3374 4 ZONING A PORTION OF THE COUNTY OF BUTTE, 5 STATE OF CALIFORNIA, A PUD (PLANNED UNIT 6 DEVELOPMENT) DISTRICT, PURSUANT TO SECTION 24- 7 25.40. 8 9 The Board of Supervisors of the County of Butte, State of 10 California, under and ,pursuant to Section 24-25.40 of the Butte County Code, 11 ORDAINS as follows: 12 SECTION 1. The hereinafter described area situated in the 13 County of Butte, State of California, shall be and it is hereby zoned as a PUD 14 (Planned Unit Development) District, and such area shall be subject to the 15 restrictions and restricted uses and regulations pursuant to Butte County Code 16 Section 24-210. 17 Said area so zoned being located in the unincorporated area 18 of Butte County, more particularly described as follows: 19 All that certain real property situated in the State of 20 California, County of Butte, described as follows: 21 22 Lots 1 through 13, as shown on the Durham Green Phase 2 23 Subdivision, recorded in the Office of the Recorder of the 24 County of Butte, State of California, on February 12, 1999, in 25 Book 146 of Maps, at Pages 66 through 68. 26 27 SECTION 2. The use and development of said property 28 zoned "PUD" shall be in accord with the development plan submitted by the 29 applicant, as conditioned and incorporated herein by reference. Conditions of 30 approval are as shown on a memo to the Board of Supervisors dated October 0 0 1 28, 1997. Said conditioned development plan collectively consists of the following 2 documents: 3 a. Development Plan (showing the location of lots, streets, 4 structure footprints, and other major features of the 5 project). 6 b. Sanitary sewage disposal area. 7 c. Grading and drainage plan. 8 SECTION 3. Notwithstanding the provisions of Chapter 24- 9 210 of the Butte County Code the following provisions shall govern the use and 10 development of said property: 11 a. Lots 1-12 as shown on the development plan shall allow 12 only uses and activities consistent with SR (Suburban 13 Residential) zoning designation as currently identified 14 with Section 24-135 (A) & (B) of the Butte County Code. 15 b. Lot 13 shall allow the following activities provided that 16 associated construction will not adversely affect the 17 status as a structure on the National Register of 18 Historical Places, documented by a historical 19 professional qualified to evaluate the site and proposed 20 modifications: 21 (1) Uses and activities consistent with SR 22 (Suburban Residential) zoning designation as 7 0 • 1 currently identified with Section 24-135 (A) & 2 (B) of the Butte County Code 3 . (2) A bed and breakfast home as a permitted use 4 (3) Wedding facility as a use allowed subject to the 5 issuance of a use permit for the parcel. 7 c. All uses and activities with the development shall be 8 subject to Section 24-240 of the Butte County Code 9 parking regulations. Future use permits and other 10 discretionary approvals shall be subject to parking 11 regulations in effect at the time the discretionary permit is 12 issued. 13 d. All uses and activities with the development shall be 14 performed in accordance with State and Federal laws 15 and guidelines regarding historical resources, and shall 16 not cause or contribute to the home being removed from 17 the National Register of Historical Places. 18 SECTION 4. In the event the lots are offered for sale, the 19 developer shall establish a property owner's association to be responsible for the 20 maintenance and upkeep of the utilities, roads, landscaping, and all other 21 property owned in common. The developer shall assume responsibility for the 22 unsold, remaining memberships until such time as the property owner's 23 association can reasonably assume the financial responsibilities for the 24 maintenance and upkeep of the utilities, roads, and all other real property owned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 in common. To ensure that the property owner's association is adequately formed to meet these responsibilities, the developer shall submit copies of said homeowners association agreement to the Butte County Planning Department for review and approval prior to the recordation of any subsequent map authorizing the sale of any real property in conjunction with this development. SECTION 5. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. This ordinance supersedes Ordinance No. 3374 passed and adopted on the 9th day of December, 1997, by the Board of Supervisors. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 19th day of August, 2008, by the following vote: AYES: NOES: ABSENT: NOT VOTING: CURT JOSIASSEN, CHAIRMAN Butte County Board of Supervisors • 1 ATTEST: C. BRIAN HADDIX, Chief Administrative 2 Officer and Clerk of the Board 3 4 5 By 6 Deputy 7 10 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — June 12, 2008 Applicant: James & Cheryl Fuhring File #: ZCA07-0002 Request: A Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel G.P.: AR (Agricultural Residential) Zoning: PUD (Planned Unit Development) — Ordinance 3374; Zone Date: December 9, 1997 APN: 040-630-013 EXECUTIVE SUMMARY: Parcel Size: 1.5 acres Supervisor Districts: 4 Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection) Planner: Mark Michelena Attachments: A: Resolution B: Draft Ordinance C: General Plan/Zoning Map D. Initial Study/Negative Declaration E. Applicant's Letter (May 19, 2008) F. Fish &Game Determination Letter (May 27, 2008) G. Site Plan The applicant has requested a Zoning Code Amendment (ZCA) to the existing Planned Unit Development (PUD) for APN 040-630-013 only. The ZCA would allow (as a permitted) use the existing historical building (W.W. Durham House) to be used as a "Bed and Breakfast Home" and allow the parcel to be used as a "Wedding Facility," subject to the issuance of a future use permit. Staff recommends that the Planning Commission adopt the resolution recommending approval of Zoning Code Amendment ZCA07-0002 as indentified in the attached draft ordinance (see Attachments A & B). PROJECT DESCRIPTION: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 1 of 6 ■ 11 historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure on the National Register of Historical Places, as documented -by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. PROJECT ANALYSIS: • The existing PUD zone for this parcel currently allows only uses and activities identified with the Suburban Residential (SR) Zone, Section 24-135 (a) & (b) of the Butte County Code: Permitted use: - One (1) single-family dwelling or modular home, per parcel. - The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations. Accessory uses: - Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. - A guest house as defined by section 24-305.175. - A second dwelling unit pursuant to section 24-280. - Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code. • The Suburban Residential zone does not allow bed and breakfast homes. • A bed and breakfast home is defined as a structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations. (BCC Section 24- 305.042) • Bed and breakfast homes are permitted uses in the R-3 and R-4 zoning districts and conditionally permitted (minor use permit) uses in the A, A -R A -SR, FR, M -R, R-1, R-2, R- N, H -C and RPO zoning districts. • The bed and breakfast home use is quite similar from a land use planning perspective as a single-family dwelling and is likely to generate similar environmental effects. • A wedding facility is not part of the current application. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to land use will be further evaluated and required findings made. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 2 of 6 ■ 12 • If proposed Zoning Code Amendment ZCA07-0002 is approved, the Planning Commission would be responsible for approving, conditionally approving, or denying future use permit applications for a wedding facility on the parcel pursuant to Chapter 24-45 of the Butte County Code. It would utilize section 24-45.10 specifically as the criteria for granting the future use permits: The Planning Commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare, and safety of the county. GENERAL PLAN ANALYSIS: The proposed amendment is consistent with the following Land Use Element programs and polices: 3.3 Commercial Uses Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient service to area residents. Some offices and services can be compatible with residential uses if sufficient limitations and conditions are places on the business activities. 3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas. (Grammar remains as adopted.) A bed and breakfast home will provide a convenient service to area residents and visitors to Butte County. The requirement to obtain a use permit to establish the wedding facility will ensure "sufficient limitations and conditions are placed on the business activities" so that wedding events are compatible with surrounding residential uses. 4.3 Commercial Services The purpose and function of commercial facilities relate directly to the marked demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. The bed and breakfast and a wedding facility will offer specific services to not only the citizens of the Durham area, but the county as a whole. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 3 of 6 ■ 13 ENVIRONMENTAL REVIEW: An Initial Study, in which no significant environmental impacts were identified, was prepared for this project and made available for public review at the Planning Division and on-line at the Butte County web site for the 20 -day period between May 23, 2008 and June 11, 2008. A Notice of Intent for the negative declaration was published in the Chico Enterprise Record and Oroville Mercury Register on May 23, 2008, and notices that the initial study/negative declaration was available for review were sent to 29 owners of properties adjacent to the project parcel on May 19, 2008. No negative comments were received from the public. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 4 of 6 ■ 14 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 07-0002 WHEREAS, the Planning Commission has considered Zoning Code Amendment 07- 0002 for James and Cheryl Fuhring in accordance with Chapter 24, Zoning, of the Butte County Code, to allow as a permitted use, a bed and breakfast home, and as a conditionally permit use, a wedding facility, on APN 040-630-013 in the Planned Unit Development (PUD) zone; and WHEREAS, the Planning Commission has considered an Initial Study and Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Zoning Code Amendment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on June 12, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration, based on the following findings: ` A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is not required, based on the determination from California Department of Fish and Game that the project has no potential effect on fish, wildlife and habitat. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 5 of 6 ■ 15 • 0 III. Approve Zoning Code Amendment ZCA07-0002 to allow a bed and breakfast home as a permitted use, and a wedding facility as conditionally permitted use, in the PUD zone, on APN 040-630-013, subject to the following findings: A. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility would provide for self-employment and a degree of financial independence for the residents. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that wedding facility is compatible with surrounding uses. B. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 by providing commercial services for the community and neighborhood levels. DULY PASSED AND ADOPTED this 12th day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson - Chair Planning Commission County of Butte, State of California ATTEST: Tina Bonham, Secretary Planning Commission County of Butte, State of California ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 6 of 6 ■ 16 I ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 3374 4 ZONING A PORTION OF THE COUNTY OF BUTTE, 5 STATE OF CALIFORNIA, A PUD (PLANNED UNIT 6 DEVELOPMENT) DISTRICT, PURSUANT TO SECTION 24- 7 25.40. 8 9 The Board of Supervisors of the County of Butte, State of 10 California, under and pursuant to Section 24-25.40 of the Butte, County Code of 11 said County, ORDAINS, as follows: 12 SECTION 1. The hereinafter described area situate in the 13 County of Butte, State of California, shall be and it is hereby zoned as a PUD 14 (Planned Unit Development) District, and such area shall.: be subject to the 15 restrictions and restricted uses and regulations': pursuant to Butte County Code 16 Section 24-210. } 17 Said area so zoned being located in the unincorporated area 18 of Butte County, Chico, more particularly described as follows: 19 All ..,that certain real property situated in the State of 20 California, County of Butte, described as follows: 21 ' 22> ~ Dom{. b.�ls 1 and 7, yias shown on that GeFtain Dnrnol Map,, 23 iR the OffiGe of the ReGGFdeF of the GOURty of Butte, 24 , 25 rat Pages 90 and 91. 26 27 Lots 1 through 13, as shown on the Durham Green Phase 2 28 Subdivision, recorded in the Office of the Recorder of the 29 County of Butte, State of California, on February 12, 1999, in 30 Book 146 of Maps, at Pages 66 through 68. 31 32 SECTION 2. The use and development of said property 33 zoned 17 u u 1 "PUD" shall be in accord with the development plan submitted by the applicant, 2 as conditioned and incorporated herein by reference. Conditions of approval are 3 as shown on a memo to the Board of Supervisors October 28, 1997. Said 4 conditioned development plan collectively consists of the following documents: 5 6 7 8 9 10 11 12 13 14 15 a. Development Plan (showing the location of lots, streets, structure footprints, and other major, features of the project). b. Sanitary sewage disposal area. c. Grading and drainage plan. SECTION 3. Notwithstanding the provisions of Chapter 24- 210 of , the Butte County Code the following 'provisions;shall govern the use and development of said property; E' a. Lots 1'= 312 as shown on the development plan shall allow only uses and activities identified with Section 24- 16 ` :135 (A) & (B) of the Butte County Code. 17 :h f 18 19 20 21 22 it 13 shall allow the following activities provided that y r associated construction will not adversely affect the status as a structure on the National Register of Historical Places, documented by a historical professional qualified to evaluate the site and proposed modifications: • 0 1 (1) Uses and activities identified with Section 24- 2 135 (A) & (B) of the Butte County Code 3 (2) A bed and breakfast home as a permitted use 4 (3) Wedding facility as a use allowed subject to the 5 issuance of a use permit on the parcel. 6 7 bc. All uses and activities with the devolopment shall be 8 subject to Section 24-240 of the Butte County,. Code 9 parking regulations. 10 d. All uses and activities with the' development shall be 11 performed in accordance with State�,�'and Federal laws 12 13 and auidelines reaardinp; r 14 Register of Historical Places. 15 SECTION 4.`:InJhe event the lots are offered for sale, the 16 developer shall establish a property owner's association to be responsible for the 17 maintenance and upkeep of the utilities, roads, landscaping, and all other 18 property ownedin common. The developer shall assume responsibility for the jV 19 unsold, remaining; .'memberships until such time as the property owner's 20 association can reasonably assume the financial responsibilities for the 21 maintenance and upkeep of the utilities, roads, and all other real property owned 22 in common. To ensure that the property owner's association is adequately 23 formed to meet these responsibilities, the developer shall submit copies of said 24 homeowners association agreement to the Butte County Planning Department 19 I for review and approval prior to the recordation of any subsequent map 2 authorizing the sale of any real property in conjunction with this development. 3 SECTION 5. This Ordinance shall be and it is hereby 4 declared to be in full force and effect from and after thirty (30) days after the date 5 of its passage, and before the expiration of fifteen (15) days after its passage, 6 this Ordinance shall be published once with the names of the members of the 7 Board of Supervisors voting for and against it in the; Chico Enterprise Record, a 8 newspaper published in the County of Butte, State of 'California. 9 PASSED AND ADOPTED by the Board of Supervisors of the i 10 County of Butte, State of California, on the day of „'i , 2008, by the 11 following vote: x 12 AYES: 13 NOES: 14 ABSENT: 15 NOT VOTING: 16 .t 17 ;' , CURT JOSIASSEN, CHAIRMAN 18 :. Butte County Board of Supervisors 19 �. 20 21 ATTEST: C. BRIAN HADDIX, Chief Administrative 22 Officer and Clerk of the Board 23 24 25 By 26 Deputy 27 20 21 • DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR ZONING CODE AMENDMENT ZCA07-0002 (Durham House Zoning Code Amendment for Bed and Breakfast Home and Wedding Facility) 22 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR ZONING CODE AMENDMENT ZCA07-0002 (Durham House ZCA) 1.0 PROJECT INFORMATION A. Applicant/Owner: James Fuhring B. Engineer: n/a C. Staff Contact: Chris Tolley 538-7603 or (530) 538-7601; ctolley@buttecounty.net. D. Project Name: Durham House Zoning Code Amendment to allow a Bed & Breakfast Home and Wedding Facility in a PUD E. Project Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). F. Type of Application(s): Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) G. Assessor's Parcel Number: 040-630-013 H. Project Site Size: 1.5 acres I. Current Zoning: PUD (Planned Unit Development) J. General Plan Designation: AR (Agricultural Residential) K. Environmental Setting: The project site is developed with an existing dwelling (Durham House), swimming pool, 2 sheds, fountain and two patio areas. Vegetation on site includes two existing oaks, several different fruit trees, a palm tree, a chestnut tree, a walnut tree and lawn area. The Durham House is listed on the National Register of Historic Places. The home was constructed in approximately 1874 for William Wellington Durham, and is considered locally significant in the areas of community planning and development, exploration and settlement. The home is and will continue to be maintained in accordance with State and Federal laws and guidelines regarding historical resources. The house was listed on April 2, 1992. The resource identification number for the National Register is: 92000316; the state plaque number is N 1761. The parcel, lot 13 of the Durham House Subdivision, was zoned PUD by Ordinance 3374 on December 9, 1997. This specific PUD limited the allowed use to those identified within Section 24-135 (A) and (B) of the Butte County Code. Section 24-135 (A) and (B) list the permitted and accessory uses of the Suburban Residential (SR) Zone. Bed and breakfast homes and wedding facilities are not permitted uses, accessory uses, or uses permitted with a use permit in the SR zone. A bed and breakfast home is defined by Butte County Code Section 24-305.42 as "[a] structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations." The proposed amendment would be subject to this definition, and any modifications in the Butte County Chapter 24 (Zoning) that may apply to bed and breakfast homes. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 1 of 26 ■ 23 0 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Wedding facilities are not defined by Butte County Code, and are not specifically listed as permitted uses or uses permitted with use permit. However, wedding facilities have been allowed with the issuance of a use permit in the A-5 to A-160 zones, the M -R zone, and the FR -1 to FR -160 zones as "outdoor commercial recreational facilities on sites not less than five (5) acres" L. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s North Agricultural Residential (AR) PUD/SR-1 Residential / Agriculture South AR / Industrial A-5 / M-1 Agriculture / Industrial East AR A-5 Agriculture West AR A-5/SR-1 Agriculture / Residential M. Project Description: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. This initial study evaluates the project -specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Code Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four or five spaces. The quantity of parking spaces is sufficient to meet the requirements of Butte County Code Section 24-240 (Parking regulations), as they apply to a bed and breakfast home. A parking area is also located at the rear of the parcel and is maintained for the owners' use. N. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 2 of 26 ■ 24 Durham House Zoning Code Amend*ZCA 07-0002 (Fuhring) • - ....�+•r' t ",�-„�""` f �.� • L "' f _ :7r -•.r' x"•.t,. r- � :fie �.r •,�.,.-...- .,,.-,..,..,., tay o _ �.. . „�.:�+� ' r •1 't t* �� • . s n �#'-' 7T t t , .. _� ' ���� 4 1 !! a Li at .•C- C" .� "i r•;; •1i Fy- ' •� }C i FP.A 4 4 • .1t1 t' •.:`- x�701�� OWNtr�;iti er vI .jp%7 7,5 ':1k .w ...^ .'%" m""°"' -fit r"•+'�^��K' ''-��.�,- moo: k MR a.. rid Ililmt..� 'T:Q ��F '�r> ♦ y i '3�wk -a. xi;�,. f , } i iiCi it �. Vim• t a^ r°s. .L. , ., i - •vrsr£^�'[i�-Str''. t .> �i i � �u.;�`. ,; "ii+a1 �:���.i » ��1��i S:SS :� a �:t-�j}�:�h��..r f.,:ia �•Jd ,�.,. '•` l `'l. '�"�>. 4'1 f�`1=�yi i � ktSi !j;•+. alit; r � ,��4 kir 11µe`��[ i,^f ' 1 .rrr' � f ••�:a<®. i t P' til f�tl - r,e liti �F1 Riyl.`tt r� < .y o••cc t:d a +� ♦ aj ,e1.'.ti 4+''tt F''�a i,'' • X6.1' - ; etl a` a ,F .� li-� t j'I uY�^['��'t�♦♦ kM� a a �� w.. ++\ya l4i �� j�x ® •�i�.�y.<� �� Ia`i'; 164 .ty ,i , `t<"�i���l�;ltl jl��i+M �.F!~ Tll,�•t.4i�; h ;� .• die •. E' ar o . d,-. i r%' 4 t• .a,(tYr' t ,11tt ; a'itaxa uSt c1�iti�fa Yy t`•+ta :. ��tti�i tE4L' r ..aat� � 1 if L i„� a�i}� t4 S4 /asT ie"rv5� ry`t�rtit lx ttt,}a! ... wi'� 3'.k2 ♦�^:.r i. a'i. .�Y..zt.3'Sa_is �a4-*4��.a✓:�il:1C..a wrsi*�` •t'l� Y.-vtif.t'1aY1:cY� Cur�E� AERIAL PHOTO 2.0 DETERMINATION [X] I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact” or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 3 of 26 ■ 25 Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,, nothing further is required. G'y� IVIM-(�114 �Z '11 -'5 qtr- 0 Mark Mighelena, Senior Planner Date by: acey Jolliffe, Principal Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: Project impacts to the environmental factors checked below could be potentially significant; however, with the incorporation of mitigation measures, project related impacts are reduced to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8.Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project 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). ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 4 of 26 ■ 26 s Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 5 of 26 ■ 27 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a State scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 5 of 26 ■ 27 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) is "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets County code. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to aesthetic and visual resources will be further evaluated. Impact Discussion: The visual character of the site and surrounding land is mixture of rural residential and agricultural residential uses. There are industrial uses located approximately 500 feet to west. The project site is not located in an area identified as a scenic vista or not along a State scenic highway. The project will not include any site development activity. The "bed & breakfast home" will be located within the existing residence and will not involve any modifications to the structure. A wedding facility is not anticipated to involve any modifications to the existing residence. No additional lighting is proposed as part of the project. Therefore, impacts of the ZCA on existing visual and aesthetic recourses would have no impact to the surrounding area. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is zoned PUD which allows for a single-family residence. The project parcel is not under a Williamson Act contract; nor adjacent to any parcels under a Williamson Act Contract. Since the site is already ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 6 of 26 ■ 28 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is zoned PUD which allows for a single-family residence. The project parcel is not under a Williamson Act contract; nor adjacent to any parcels under a Williamson Act Contract. Since the site is already ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 6 of 26 ■ 28 Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) developed with a residential dwelling, there is no conflict to adjacent parcels with agricultural uses. Therefore, the project would have no impact on surrounding agricultural uses. Mitigation Measure: None required. 4.3 AIR QUALITY: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattairiment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; ■ Butte County Department of Development Services — Planning Division ■ is Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 7 of 26 ■ 29 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant. Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable X air quality plan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or State ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattairiment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; ■ Butte County Department of Development Services — Planning Division ■ is Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 7 of 26 ■ 29 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx 525 lbs/day >25 lbs/day >137 lbs/day ROG 525 lbs/day >25 lbs/day >137 lbs/day PM,o 580 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant impacts Potentially Significant Impacts Significant Impacts Environmental Document Mitigated Negative Declaration (MND) or ND Mitigated ND or EIR EIR Source: BCAQMD CEQA Handbook Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The table does not identify a bed and breakfast home in the last use category. The threshold for a single family residential project is 120 units. The use of an existing home, as a bed and breakfast home, will likely generate fewer pollutants than a single-family residence. Air pollutant emissions associated with the proposed project would consist primarily of the additional motor vehicle exhaust generated by guests of the bed and breakfast home and wedding facility. The proposed bed and breakfast will include three bedrooms. The use would add a minimal amount of traffic to the area. This project was evaluated using the BCQAMD Guidelines. According to the Guidelines, the project would generate Level "A" thresholds of emissions, which does not require incorporation of Best Available Mitigation Measures and Supplemental Mitigation Measures (Indirect Source Review Guidelines, BCAQMD 1997:4). Therefore the air pollutant emissions level is considered less than significant. The wedding facility would generate additional traffic. It is assumed a future use permit would be issued with conditions of approval or mitigation measures on operational characteristics such that air quality impacts would be less than significant. Therefore, the project will have a less than significant impact on air pollutant emission levels. Based on the information provided above this project will not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation. There are no sensitive receptors within one mile of the project site. Additionally, no change in use is proposed for the site; therefore there are no additional pollutants that would irritate potential sensitive receptors. No activities are expected to occur that would result in the emission of hazardous or acutely hazardous substances. Objectionable odors are characterized as either nuisance or hazardous odors. For an objectionable odor to be considered significant, the odor must cause a serious adverse physical reaction or illness. The project is not proposing any construction will generate odors from vehicle exhaust and asphalt paving. The project would not generate objectionable odors; therefore no impact to the surrounding area. Mitigation Measure: None required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 8 of 26 ■ 011 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 4.4 BIOLOGICAL RESOURCES: 0 The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 9 of 26 ■ 31 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, X or other approved local, regional, or State habitat conservationplan? g A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident or X migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 9 of 26 ■ 31 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Vegetation on site includes 2 existing oaks, several different fruit trees, a palm tree, a chestnut tree, a walnut tree and a lawn area. The oak trees are approximately 250 and 500 years old and get periodic inspections by an arborist. Since there is no proposed development, the proposed zoning code amendment will not remove any of the existing vegetation; therefore the project would have no impact on biological resources. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an X archaeological resource pursuant to § 15064.5? C. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence (Durham House) is listed on the National Register of Historic Places. The home was constructed in approximately 1874 for William Wellington Durham, and is considered locally significant in the areas of community planning and development, exploration and settlement. The home is and will continue to be maintained in accordance with State and Federal laws and guidelines regarding historical resources. The house was listed on April 2, 1992. The resource identification number for the National Register is: 92000316; the state plaque number is N1761. The project would no impact on any historical, cultural or archaeological resource. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 10 of 26 ■ 32 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Mitigation Measure: None required 4.6 GEOLOGIC PROCESSES: • The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: As no construction is contemplated by this zoning code amendment, the project would have less than significant impacts associated with geologic processes. The change to the site would be the guests staying at the "bed and breakfast home." The site is typical of the County and demonstrates no unusual geologic risks. No known active faults or Alquist-Priolo special studies zones occur in or adjacent to the project site (California Department of Conservation 1999). The project site is subject to potential risks such as ground shaking resulting from earthquakes. Liquefaction is the transformation of a solid landform consisting of native soils or fill, to a temporarily liquid state due to shaking. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page I l of 26 ■ 33 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated X 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 known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system X where sewers are not available for the disposal or waste water? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: As no construction is contemplated by this zoning code amendment, the project would have less than significant impacts associated with geologic processes. The change to the site would be the guests staying at the "bed and breakfast home." The site is typical of the County and demonstrates no unusual geologic risks. No known active faults or Alquist-Priolo special studies zones occur in or adjacent to the project site (California Department of Conservation 1999). The project site is subject to potential risks such as ground shaking resulting from earthquakes. Liquefaction is the transformation of a solid landform consisting of native soils or fill, to a temporarily liquid state due to shaking. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page I l of 26 ■ 33 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) • Butte County Seismic Safety Element's Liquefaction Potential Map (17 June 2003) shows that the project is located in an area with generally moderate hazard from liquefaction. Liquefaction potential is considered less than significant. Terrain on the project site, and surrounding area, is nearly level. No landforms with steep slopes creating landslide potential occur near the property. There are no impacts associated with potential landslides. According to the Butte County General Plan GIS data there is no potential for soil erosion on the project site. Since there is no proposed site development, the site being generally level and the area identified as having no potential for erosion, there are no impacts associated with erosion. The project is not expected to result in on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. The Butte County General Plan Conservation Element's Expansive Soils Map indicates that the project site has a "moderate" expansive soil potential. The project is not proposing any site development activities. If development is proposed in the future, the Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive potential. If the site does have expansive soils, the Building Division will ensure that the foundations of all new structures are designed to handle the shrink/swell characteristics of expansive soils. Given these standard requirements, expansive soil would have no impact on the project. The Department of Environmental Health reviewed the project and determined that the existing septic system was adequate to use the residence as a Bed and Breakfast home and had no conditions. Future use of the site as a wedding facility will be reviewed as part of a use permit in order to address the issue of wastewater. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 12 of 26 ■ 34 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 12 of 26 ■ 34 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing use, a single-family residence does not generate hazardous materials or result in the routine use or transport of hazardous materials. The use of the residence as a "bed and breakfast' is not expected to generate hazardous materials or result in the routine use or transport of hazardous materials. Therefore, no impacts are anticipated No federal Superfund, State Response, Voluntary Cleanup, or School Cleanup sites occur on or within the vicinity of the study area (Department of Toxic Substances Control February 2007). Butte County published its "Multi -Jurisdictional All Hazard Pre -Disaster Mitigation Plan" (MHMP) in March 2007. The MHMP identifies potential natural hazards, technological hazards, and domestic threats. It includes an integrated action plan that reduces potential hazards and provides procedures for responding to the different emergencies. The proposed project would not interfere with the pre -disaster mitigation activities or with implementation of the emergency procedures. Therefore, the project would have no impact on an adopted emergency response plan or emergency evacuation plan. The project site is not located in a State Response Area (Butte County General Plan Hazards and Safety Element Public Review Draft Fire Hazard Severity Map March 2005). The nearest full-time fire station is Station 45 located t 0.5 miles to the southwest of the site at 2367 Campbell Street. No impact from wildfires is expected. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated g Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where X wildlands are adjacent to urbanized areas or where residences are intermixed with willdlands? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing use, a single-family residence does not generate hazardous materials or result in the routine use or transport of hazardous materials. The use of the residence as a "bed and breakfast' is not expected to generate hazardous materials or result in the routine use or transport of hazardous materials. Therefore, no impacts are anticipated No federal Superfund, State Response, Voluntary Cleanup, or School Cleanup sites occur on or within the vicinity of the study area (Department of Toxic Substances Control February 2007). Butte County published its "Multi -Jurisdictional All Hazard Pre -Disaster Mitigation Plan" (MHMP) in March 2007. The MHMP identifies potential natural hazards, technological hazards, and domestic threats. It includes an integrated action plan that reduces potential hazards and provides procedures for responding to the different emergencies. The proposed project would not interfere with the pre -disaster mitigation activities or with implementation of the emergency procedures. Therefore, the project would have no impact on an adopted emergency response plan or emergency evacuation plan. The project site is not located in a State Response Area (Butte County General Plan Hazards and Safety Element Public Review Draft Fire Hazard Severity Map March 2005). The nearest full-time fire station is Station 45 located t 0.5 miles to the southwest of the site at 2367 Campbell Street. No impact from wildfires is expected. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 13 of 26 ■ 35 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 13 of 26 ■ 35 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) • The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence uses a septic system for wastewater. The project was reviewed by Butte County Environmental Health, which determined that the existing septic system is adequate to meet the requirements of a "bed & breakfast home." Therefore, there will be no impact on water quality standards or waste discharge. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 14 of 26 ■ 36 Potentially Less Than Less Than No Reviewed Would the proposal' Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a X stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? L Otherwise substantially degrade waterquality? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence uses a septic system for wastewater. The project was reviewed by Butte County Environmental Health, which determined that the existing septic system is adequate to meet the requirements of a "bed & breakfast home." Therefore, there will be no impact on water quality standards or waste discharge. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 14 of 26 ■ 36 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) E Since the project is not proposing any site development, it would not alter existing drainage patterns on site, or in the area, and therefore would no impact. The project is located in a flood zone AE (Flood Insurance Rate Map panel # 06007C0520 C, dated June 8, 1998), but since there will be no new development or site disturbance; there will be no impact due to flooding. Mitigation Measure: None required. 4.9 LAND USE: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets county codes. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is located in an area of rural residential and agricultural residential uses. There are industrial uses located approximately 500 feet to west. The proposed modification to the PUD zone, will not have no impact on the established community, or create a conflict with the general plan. Preparation of the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of the Cities of Biggs, Chico, Gridley, Oroville, and the County of Butte. The HCP/NCCP will provide opportunities for comprehensive species, wetlands and ecosystem conservation and contribute to the recovery of endangered species within the plan area, while also providing a more streamlined process for environmental permitting. As of the writing of this initial study, a Draft of the HCP/NCCP has not yet been released. The preparation and approval of the HCP/NCCP is expected to be completed in mid -2010, depending upon the issues addressed and the duration of the State/Federal approval process. Mitigation Measure: None required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 15 of 26 ■ 37 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural community conservation plan? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets county codes. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is located in an area of rural residential and agricultural residential uses. There are industrial uses located approximately 500 feet to west. The proposed modification to the PUD zone, will not have no impact on the established community, or create a conflict with the general plan. Preparation of the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of the Cities of Biggs, Chico, Gridley, Oroville, and the County of Butte. The HCP/NCCP will provide opportunities for comprehensive species, wetlands and ecosystem conservation and contribute to the recovery of endangered species within the plan area, while also providing a more streamlined process for environmental permitting. As of the writing of this initial study, a Draft of the HCP/NCCP has not yet been released. The preparation and approval of the HCP/NCCP is expected to be completed in mid -2010, depending upon the issues addressed and the duration of the State/Federal approval process. Mitigation Measure: None required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 15 of 26 ■ 37 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 4.10 MINERAL RESOURCES: • Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: There are no known significant mineral resources on the project site and no mining activities occur in the area. The project would have no impact on mineral resources of value to the region or the state. The study area contains no mineral resource recovery sites. There project would have no impact on these resources. Mitigation Measure: None required 4.11 NOISE: Potentially Less Than Less Than No Would the proposal: Significant Significant Significant Impact Impact Impact with Impact with Impact Mitigation Mitigation Incorporated Document a. Result in the loss of availability of a known mineral Incorporated resource that would be of value to the region and the X residents of the State? excess of standards established in the local general plan or b. Result in the loss of availability of a locally -important noise ordinance, or applicable standards of other agencies? mineral resource recovery site delineated on a local general b. Exposure of persons to or generation of excessive ground X plan, specific plan, or other land useplan? X borne vibration or ground borne noise levels? Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: There are no known significant mineral resources on the project site and no mining activities occur in the area. The project would have no impact on mineral resources of value to the region or the state. The study area contains no mineral resource recovery sites. There project would have no impact on these resources. Mitigation Measure: None required 4.11 NOISE: ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility is Page 16 of 26 ■ 38 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles X of a public airport or public use airport, would the roject ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility is Page 16 of 26 ■ 38 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 0 The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project site is located within the vicinity of light industrial uses and railroad tracks, or other existing uses that could generate ground-bome vibration or ground -borne noise that could affect the use of the existing house as a "bed and breakfast home." The proposed project would not include any site development or disturbance that would generate substantial ground -borne vibration or noise or use construction activities that would have such effects. Therefore, no impact would occur. The project site is located in an area of residential, agricultural and light industrial uses. The use of the existing residence as a "bed and breakfast home" will not generate noise levels that exceed the current levels. The wedding facility would generate event noise. It is assumed a future use permit would be issued with conditions of approval or mitigation measures on operational characteristics such that noise impacts would be less than significant. Therefore, the project will have no impact on the permanent noise levels in the area. Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). The project site is not located with an airport land use plan, or in the vicinity of a private airstrip. Mitigation Measure: None required 4.12 POPULATION AND HOUSING: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated expose people residing or working in the project area to excessive noise levels? X E For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project site is located within the vicinity of light industrial uses and railroad tracks, or other existing uses that could generate ground-bome vibration or ground -borne noise that could affect the use of the existing house as a "bed and breakfast home." The proposed project would not include any site development or disturbance that would generate substantial ground -borne vibration or noise or use construction activities that would have such effects. Therefore, no impact would occur. The project site is located in an area of residential, agricultural and light industrial uses. The use of the existing residence as a "bed and breakfast home" will not generate noise levels that exceed the current levels. The wedding facility would generate event noise. It is assumed a future use permit would be issued with conditions of approval or mitigation measures on operational characteristics such that noise impacts would be less than significant. Therefore, the project will have no impact on the permanent noise levels in the area. Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). The project site is not located with an airport land use plan, or in the vicinity of a private airstrip. Mitigation Measure: None required 4.12 POPULATION AND HOUSING: ■ Butte County Department of Development Services — Planning Division ■ e Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 17 of 26 ■ 39 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure? ■ Butte County Department of Development Services — Planning Division ■ e Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 17 of 26 ■ 39 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) E Reviewed Under Previous Document --------------- The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. The proposed project will not displace housing or large groups of people. Therefore, the project will have no impact on population and housing. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Would the proposal: Significant Significant Significant Impact Impact with Impact Mitigation a. Would the project result in substantial adverse physical Incorporated b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? X c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Reviewed Under Previous Document --------------- The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. The proposed project will not displace housing or large groups of people. Therefore, the project will have no impact on population and housing. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. ■ Butte County Department of Development Services = Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 18 of 26 ■ 40 Potentially Less Than Less Than No Would the proposal: Significant Significant with Significant Impact Impact Mitigation Impact Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. ■ Butte County Department of Development Services = Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 18 of 26 ■ 40 Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. Therefore, the proposed project will have no impact on governmental buildings or structures or schools as compared to the existing use. The project would have nominal effect on parks and other public services. Due to adequate management, a wedding facility, if established, is expected to have a less than significant effect on fire protection, sheriff services, and other public services. Mitigation Measure: None required. 4.14 RECREATION: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events could potentially use recreational facilities; however, that use would be limited by the duration of stay and is expected to be a less than significant impact. The project site is located within the Durham Recreation and Park District. No recreational facilities currently occur on-site and none is proposed. The project does not propose recreational facilities and would not require the expansion of existing facilities. Mitigation Measure: None required ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 19 of 26 ■ 41 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events could potentially use recreational facilities; however, that use would be limited by the duration of stay and is expected to be a less than significant impact. The project site is located within the Durham Recreation and Park District. No recreational facilities currently occur on-site and none is proposed. The project does not propose recreational facilities and would not require the expansion of existing facilities. Mitigation Measure: None required ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 19 of 26 ■ 41 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 4.15 TRANSPORTATION/TRAFFIC: E Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review prior to establishing the use at which time a traffic study would be performed, if necessary, to evaluate and offset potential impacts on the road system prior to the issuance of the use permit. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events would add some traffic to the local and regional roadway system. Use of three existing bedrooms for a bed and breakfast home are not expected to generate amounts of traffic that would cause a significant effect on the local roadway system, which generally operates at adequate levels of service in the area. Therefore, impacts of the ZCA on existing traffic load and capacity of the street system, including service standards, is expected to be less than significant. Use of the facility as a bed and breakfast home is not expected to change traffic patterns. The site currently has adequate access via the Durham Dayton Highway. No need for traffic improvements or facilities has been identified to date. Any future improvements associated with a use permit for the wedding facility would necessarily be constructed to County standards. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four spaces. The quantity of parking spaces is sufficient to meet the requirements of Butte County Code ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 20 of 26 ■ 42 Potentially Less Than Less Than No Would the proposal: Significant Significant Significant Impact Impact with Impact Mitigation Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X L Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Reviewed Under Previous Document The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review prior to establishing the use at which time a traffic study would be performed, if necessary, to evaluate and offset potential impacts on the road system prior to the issuance of the use permit. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events would add some traffic to the local and regional roadway system. Use of three existing bedrooms for a bed and breakfast home are not expected to generate amounts of traffic that would cause a significant effect on the local roadway system, which generally operates at adequate levels of service in the area. Therefore, impacts of the ZCA on existing traffic load and capacity of the street system, including service standards, is expected to be less than significant. Use of the facility as a bed and breakfast home is not expected to change traffic patterns. The site currently has adequate access via the Durham Dayton Highway. No need for traffic improvements or facilities has been identified to date. Any future improvements associated with a use permit for the wedding facility would necessarily be constructed to County standards. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four spaces. The quantity of parking spaces is sufficient to meet the requirements of Butte County Code ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 20 of 26 ■ 42 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) • Section 24-240 (Parking regulations), as they apply to a bed and breakfast home. A parking area is also located at the rear of the parcel, and is maintained for the owners' use. No policies, plans or programs supporting alternative transportation have been identified in conflict with these proposed uses at the Durham House. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is currently served by a septic system. The Butte County Environmental Health Department has reviewed the project and determined that the existing septic system is adequate for the residence to be used as a "bed & breakfast home." The future use of the site a "wedding facility" would need to meet Environmental Health requirements for wastewater treatment. The project would have a less than significant impact on any wastewater treatment facilities. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 21 of 26 ■ 43 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has X adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? L Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. Comply with federal, State, and local statutes, and X regulations related to solid waste? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is currently served by a septic system. The Butte County Environmental Health Department has reviewed the project and determined that the existing septic system is adequate for the residence to be used as a "bed & breakfast home." The future use of the site a "wedding facility" would need to meet Environmental Health requirements for wastewater treatment. The project would have a less than significant impact on any wastewater treatment facilities. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 21 of 26 ■ 43 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) The parcel is served by public water (Durham Irrigation District). The project would not have an impact on any wastewater treatment facilities because an existing individual septic system would be utilized. No site development activity is proposed as part of the Zoning Code Amendment and the use of the existing residence as a "bed & breakfast home." Therefore no on or off-site storm water drainage improvements will be required. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. The project could increase the stream of solid waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would have a less than significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a X plant or animal community; substantially reduce the number or restrict the range of a rare, endangered or threatened species; or eliminate important examples of the major periods of California history orprehistory? b. Achieve short-term environmental goals to the X disadvantage of long-term environmental goals? c. Have possible environmental effects that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a X project are significant when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects. d. Have environmental effects that will cause substantial adverse effects on human beings, either directly or X indirectly? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets county code. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 22 of 26 ■ 44 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Impact Discussion: • No site disturbance or vegetation removal is proposed. The project would not degrade the quality of the environment or impact existing habitat. The use of the historic home would not impact California history or prehistory. People attending the bed and breakfast home or future wedding events would add some traffic to the local and regional roadway system. Use of three existing bedrooms for a bed and breakfast home are not expected to generate amounts of traffic that would cause a significant effect on the local roadway system, which generally operates at adequate levels of service in the area. Therefore, impacts of the ZCA on existing traffic load and capacity of the street system, including service standards, is expected to be less than significant. No environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly were identified in this evaluation. Proiects within one mile: Proiect Number of Lots/ Use Status TPM07-0011 4/(Residential) Incomplete TPM06-0035 3 /(Light Industrial) Staff Review GPA06-0002/ REZ06-0004/ TSM06-0011 46/(Residential) Incomplete REZ 06-02 - Rezone from A-5 to SR -1 Hold UP 04N-21 -- Withdrawn UP 04-17 Pre-school (up to 30 kids) Approved MER 06-03 1/(Light Industrial) Finished (merged two lots into one) LLA 05-07 2/(Residential) Approved (no new lots) LLA 04-11 2/(Residential) Finished (no new lots) ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 23 of 26 ■ 45 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) LLA 04-11 LLA 05-07 • R TPM07-0011 / PRED 06-09 1 UP 04-17 TPM06-0035 It= I —S ENWAL61-MIMMANN PROJECTS LOCATED WITHIN ONE MILE OF THE SITE 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: No mitigations are required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 24 of 26 ■ M • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County. Multi -Jurisdictional All Hazard Pre -Disaster Mitigation Plan. Oroville, CA. March 2007. 2. Butte County Planning Department. General Plan Designations Figure 1-2, Land Use Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 4. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C142M Hill, 1977. 5. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: C142M Hill, 1977. 8. Butte County Planning Department. Expansive Soils MqR 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 13. Butte County Planning Department. School District Man. Oroville, CA. 14. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 15. National Flood Insurance Program. Flood Insurance Rate Map 06007C -0790C 8 June 1998. Federal Emergency Management Agency. 16. Oroville Topographic Quadrangle Map U.S. Geologic Society. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18. Natural Resources Conservation Service on-line soil survey (MRCS 2006). 19. Butte County Air Quality Management District. CEQA Air Quality Handbook, Guidelines for Assessing Air Quality Impacts for Project Subject to CEQA Review. January 2008. ■ Butte County Department of Development Services - Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 25 of 26 ■ 47 FROM . FRX NO. :5303423621 M 19 2008 03:45PM P2 Du &= Haeme Zoning Code ^mendman ZC.A 07-0002 (FufuiQ) 7.0 CONSULTED AGENCIES: (X] Environmental Health [X] Public Works [X] LAFCo [ ) BCAG [ .] ALUC (.] City of Biggs [ ] Air Quat. Management Dist. [ J City of Chico [ ] Town of Paradise [ ] City of Gridlcy [ j City of Oroville [ J Central Reg. Water Quality (X] CA Department of Poreshy [ J CalTrans (Traffic) [ ] Highway Patrol [ ] Department of Comervation [ j CA Dept, of Fish atd Glum (X] Agricultural Commissioner [ ] Army Corps of Engineers [ ] US Fish Bi: Wldlife Savice [XI Feather River Rec. & Park [ ] Butte Co. Farm Bureau [ ] Orovillc Union School Dist. [ ] LOAPUD (] El Medio Fire Dept_ [ ] OWID (J Chico Unitiod School Dist. [ ] PG&E (X] Assessor ( j Thermalib Irrigation Dist [ ] Thennalito Union School (X] Building Manager Dim 8.0 PROJECT SPONSOR(S) AGREEMENT OF THE INITIAL STUDY AND NEGATIVE DECLARATION: Me have reviewed the Amendment for James F 0002. j Initial Study and Negative Declaration. for the Zoning Code ging, on APN: 040-630-013, Planning Division File #ZC407- ■ Butte County Departmad of Davclopmuat Services — Planning Division a ■ Initial Study for Dunham House. Zoning Code Amit ZCA07-0002 (Fuhring) a a Bal and Breakfast Home and Wedding Facility • page 26 of 26 a FROM : • • FAX NO. :5303423621 May. 19 2008 03:46PM P3 May 19, 2008 To Whom it may concern, It is and always will be our intent to preserve and protect the historic significance of our home also known as The Durham House. We hope to share the experience of living and preserving a historic home with our guests should we be allowed to become a Bed and Breakfast Inn. Sincerely 1 I -r:C'Af`o� r i CG ��L'lt ll 49 Play 27 OB 11:47a ;C�ALIFORRIA ijF)£ f �51BL;H[ Craig Carter 530-896-0644 p.2 State of California -'The Resources Agency ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 CEQA Filing Fee No Effect Determination Form Date Submitted: May 21, 2008 Applicant Name: James and Cheryl Fuhring Applicant Address: 2280 Durham -Dayton Highway, Durham, CA 95938 Project blame: Durham House Zoning Code Amendment CEQA Lead Agency: Butte County Department of Development Services CEQA (Document Type: Negative Declaration SCH Number and/or Local agency ID number: ZCA07-0002 COU -11, MAY 2 7 2008 (DEVELOPMENT SERVICES , Project Location: The parcel is located at 2280 Durham Dayton I•Iighway in Durham (approximately 0.05 mile west of the Van Ness Way and Durbam-Dayton Highway intersection). Brief Project Description: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durharn House, a historical building. The modified. Pt.M would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use pennit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. 'This initial study evaluates the project -specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Code Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four or five spaces, The; quantity of parkins spaces is sufficient to meet the requirements of Butte County Code Section 24-240 (Parkins regulations), as they apply to a bed and breakfast home_ A parking area is also located at the rear of the parcel and is maintained for the owners' use. Conserving California's WMI fe Since 1870 50 P,ay 27 08 11:48a 0 Craig Carter 0 530-836-0644 p.3 Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this detemiination with the County Clerk after your project is approved and at the time of filing of' the CEQA lead agency's Notice of Determination (NOD). 1f you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game1Code Section. 711.4(c)(3). Issued By: Title: 51 0 0 0 0 S231AUHS INa.f,U'.07aAaG iooz 9 -- in f ?4..FM1013 --)Il 1-1 L7 Q C' cw uJ 155 -"d C' C.j . .......... .... ....... . ..... ;g 3mmuin C) Ud 'N C1141 L(7(,u-iurCJ - 0 (9 - X I P - oc) - ob 6) -7j t'r)# -111vtono 091ce " i I iv t11 .111 S -dr9d 0. ,I (I (Y Llr'v Ll � 0 e First Floor Second Floor The W.W. Durham House 1874 CA) BUTTE COUNTY AUL - 6 2007 DEI Vf sl-p,vIV-s • • • 0 I. BUTTE COUNTY PLANNING COMMISSION MINUTES PLEDGE OF ALLEGIANCE June 12, 2008 (Partial) II. PRESENT: Commissioners Marin, Leland, Lambert, Nelson and Chair Wilson ABSENT: None ALSO PRESENT: County Counsel Bruce Alpert, County Counsel Development Services Tim Snellings, Director Charles Thistlethwaite, Division Manager Stacey Jolliffe, Principal Planner Mark Michelena, Senior Planner Chris Tolley, Associate Planner Tina Bonham, Commission Clerk Environmental Health Doug Fogel, Program Manager Public Works Eric Schroth, Civil Engineer, Associate Commissioner Nelson was absent at this time. III. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, deletions, or changes in the Agenda order. It was moved by Commissioner Lambert and seconded by Commissioner Marin to accept the agenda as presented. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). None V. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office. A. TPM07-0013 — continued pril 10, 2008; staff recommended approval Name: Rob Rom Project: Tentative Parcel Map Planner: C olley APN: 069-330-016 Zoning: AR -1 ■ BUTTE COUNTY PLANNING COMMISSION ■ APPROVED PARTIAL MINUTES ■ NNE 12, 2008 ■ PAGE 1 ■ 54 Location: The parcel is located at 110 Riverview Drive, Oroville (on the Wept' side of Riverview Drive, approximately 0.27 -mile south of the intersectiole of Riverview Drive and Hillcrest Avenue), near the City of Oroville. Proposal: A Tentative Parcel Map to divide a 4.6 -acre parcel into four sidential parcels ranging in size from 1.14 acres to 1.16 acres, served by ublic sewer (LOAPUD) and public water (SFWPA). Mr. Chris Tolley gave a summary of the project with a power point Chair Wilson opened the public hearing. Mr. Rob Romaguera thanked the planning staff and asked if Planning Commission had any questions. Chair Wilson asked if Mr. Romaguera was satisfied wi the conditions. Mr. Romaguera said yes. Ms. Clara Chestnut asked how large the parce),if are on the map. Mr. Tolley said that they are a minimum of one acre. Chair Wilson closed the public heariA and confined comments to Commission and staff. Commissioner Lambert asked ifyuilding envelopes would include the second dwelling issue. Mr. Tolley said yes. It was moved by Com . sioner Leland, and seconded by Commissioner Marin and carried by the following vote Ayes: Commissioner ambert, Leland, Marin and Chair Wilson Noes: None Absent: Commiss* ners Nelson Abstain: None to adopt Resol on 08-34, adopting the Mitigated Negative Declaration and approving TPM07- 0013 for Rob omap-uera. There is a 10 -day appeal period on decisions with the Clerk of the Board. Commissioner Nelson arrived. B. ZCA07-0002 —staff recommended adopting a resolution, recommending approval to the Board of Supervisors Name: James Fuhring Project: Zoning Code Amendment Planner: Chris Tolley APN: 040-630-013 Zoning: PUD Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). 55 ■ BUTTE COUNTY PLANNING COMMISSION ■ APPROVED PARTIAL MINUTES ■ NNE 12, 2008 ■ PAGE 2 ■ Proposal: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The zoning code amendment will also allow as conditional use, a wedding facility. The amendment will apply only to this APN. Mr. Mark Michelena gave a summary of the project with a power point presentation. Commissioner Nelson asked if the zoning code amendment would allow that use on other parcels. Mr. Michelena said no. The bed and breakfast would be a permitted use for this parcel only. Commissioner Lambert asked for clarification on why the project is a zoning code amendment. Ms. Stacey Jolliffe said that, as a Planned Unit Development, the zoning and allowed uses are specific to this parcel only. She referenced sections in the staff report indicating that only this lot is affected. Commissioner Lambert said she is concerned that this would set a precedence for the SR zone. Commissioner Leland said that it could, but only if the area had these unique features. Commissioner Marin asked if a Variance could have been used. Ms. Jolliffe said it would be difficult to make the findings necessary to approve a variance. Chair Wilson opened the public hearing. Mr. Ned Vemoga said that he farms almonds and walnuts close to the project. He said that the entrance road is narrow, and large trucks use the road during harvest. Although he supports the bed and breakfast the entrance should not be used for a guest entrance. He is concerned about parking and the potential for parking on the side of the narrow road. Commissioner Nelson asked if it is a private road. Mr. Vemoga said that the other neighbors have an easement. Mr. James Fuhring said that it is not his intention to use the road as the entrance for his bed and breakfast. Parking will be at the front of the house. He said that if, at a later date, he submitted an application to allow weddings, he would still not use the road. Chair Wilson closed the public hearing and confined comments to Commission and staff. Mr. Charles Thistlethwaite said that the Commission could put in a provision stating where the entrance for the bed and breakfast is and that no parking is allowed on the road. Commissioner Marin said that he does not want to take away the owners' rights to the road. 56 ■ BUTTE COUNTY PLANNING COMMISSION ■ APPROVED PARTIAL MINUTES ■ JUNE 12, 2008 ■ PAGE 3 ■ 0 • Ms. Jolliffe said that zoning code amendments don't have conditions, but the parking issue would be addressed during the Use Permit process if a wedding facility is proposed. Mr. Michelena said that there is adequate parking for a bed and breakfast home. It was moved by Commissioner Leland, and seconded by Commissioner Nelson and unanimously carried to adopt Resolution 08-35 recommending approval to the Board of Supervisors. 11 57 ■ BUTTE COUNTY PLANNING COMMISSION ■ APPROVED PARTIAL MINUTES ■ JUNE 12, 2008 ■ PAGE 4 ■ • 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www. buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING August 19, 2008 r Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: Zoning Code Amendment ZCA07-0002 (Fuhring). 2280 Durham -Dayton Highway, Durham (APN 040-630-013) Requested Action: The Planning Commission recommends the Board of Supervisors approve Zoning Code Amendment ZCA07-0002 to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit, by taking the following actions: I. Adopt the attached Resolution making findings and approving the Negative Declaration pursuant to the California Environmental Quality Act (CEQA); and II. Adopt the Ordinance modifying the previously approved PUD. Background The Planning Commission heard Zoning Code Amendment ZCA07-0002 request on June 12, 2008 (Attachment B). The project is a Zoning Code Amendment to modify a previously approved PUD. The ZCA will apply only to parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure on the National Register of Historical Places, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. Access to the parcel is off of Durham -Dayton Highway. Key Issues Zoning The existing PUD, which is adopted by Ordinance as the zoning for the subject parcel, currently allows only uses and activities identified with the Suburban Residential (SR) Zone, Section 24-135 (a) & (b) of the Butte County Code. The Suburban Residential zone does not allow bed and breakfast homes, which are defined by code as a structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations. Bed and breakfast homes are permitted uses in the R-3 and R-4 zoning districts and conditionally permitted (minor use permit) uses in the A, A -R A -SR, FR, M -R, R-1, R-2, R- N, H -C and RPO zoning districts. Due to its limited size, bed and breakfast home use is quite similar from a land use planning perspective as a single-family dwelling and is likely to generate similar environmental effects. If approved, Zoning Code Amendment ZCA07-0002 would allow a wedding facility subject to a future use permit. A wedding facility is not part of the current application. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to land use will be further evaluated and required findings made. The Planning Commission would be responsible for approving, conditionally approving, or denying future use permit applications for a wedding facility on the parcel pursuant to Chapter 24-45 of the Butte County Code. The Board would hear any appeals. Public Comment One neighbor spoke at the Planning Commission hearing. He was supportive of the project, but had a concern that an access easement to his property for agricultural purposes might be blocked. Staff explained at the Planning Commission meeting that the bed & breakfast home would have four (4) parking spaces which is adequate parking for the bed & breakfast home. The parking as proposed would not block the access easement. Any future use permit for a wedding facility would analyze the parking requirement and be approved only if the proposed use of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Presumably, the use permit would be issued only if the access easement was not hindered. If you have any questions, please do not hesitate to contact Planning Manager, Chuck Thistlethwaite at 530-538-6572 or me at 530-538-6821. Sincerely, Tim Snellings, Director Attachments: A. Board of Supervisors Resolution and Ordinance B. Planning Commission Agenda Report and Minutes for the June 12, 2008 meeting K A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING A NEGATIVE DECLARATION FOR ZONING CODE AMENDMENT (JAMES AND CHERYL FUHRING) WHEREAS, the Board of Supervisors has considered Zoning Code Amendment 07-0002 for James and Cheryl Fuhring in accordance with Chapter 24, Section 25 (Zoning), of the Butte County Code on a portion of Assessor's Parcel Number 040-630-013; and WHEREAS, the Board of Supervisors has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Zoning Code Amendment 07-0002 was referred to various affected public and private agencies, County departments, and referral agencies for review and comment; and WHEREAS, on June 12, 2008 the Planning Commission held a public hearing on ZCA07-0002 and recommended approval to the Board of Supervisors; and WHEREAS, a duly noticed public hearing was held before the Board of Supervisors on August 19, 2008; and WHEREAS, the Butte County Board of Supervisors finds the proposed zoning code amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The proposed amendment is consistent with Butte County General Plan Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility would provide for self-employment and a degree of financial independence for the residents. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that a wedding facility is compatible with surrounding uses. 2. The proposed amendment is consistent with Butte County General Plan Land Use Element Policy 4.3 by providing commercial services for the community and neighborhood levels. 3. The bed & breakfast home is considered compatible with surrounding residential land uses; and WHEREAS, the Board of Supervisors has considered the recommendation of the Planning Commission, public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors takes the following actions: I. Adopts a Negative Declaration, based on the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Board of Supervisors has considered the Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is not required, based on the determination from California Department of Fish and Game that the project has no potential effect on fish, wildlife and habitat. DULY PASSED AND ADOPTED this 19th day of August, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: CURT JOSIASSEN, Chair Butte County Board of Supervisors ATTEST: C. BRIAN HADDIX, Chief Administrative Officer and Clerk of the Board Deputy 1 ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 3374- 4 3744 ZONING A PORTION OF THE COUNTY OF BUTTE, 5 STATE OF CALIFORNIA, A PUD (PLANNED UNIT 6 DEVELOPMENT) DISTRICT, PURSUANT TO SECTION 24- 7 25.40. 8 9 The Board of Supervisors of the County of Butte, State of 10 California, under and pursuant to Section 24-25.40 of the Butte County Code, 11 ORDAINS as follows: 12 SECTION 1. The hereinafter described area situated in the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 County of Butte, State of California, shall be and it is hereby zoned as a PUD (Planned Unit Development) District, and such area shall be subject to the restrictions and restricted uses and regulations pursuant to Butte County'Code Section 24-210. Said area so zoned being located in the unincorporated area of Butte County, more particularly described as follows: All that certain real property situated in the State of California, County of Butte, described as follows: Lots 1 through 13, as shown on the Durham Green Phase 2 Subdivision, recorded in the Office of the Recorder of the County of Butte, State of California, on February 12, 1999, in Book 146 of Maps, at Pages 66 through 68. SECTION 2. The use and development of said property zoned "PUD" shall be in accord with the development plan submitted by the applicant, as conditioned and incorporated herein by reference. Conditions of 30 approval are as shown on a memo to the Board of Supervisors dated October 1 28, 1997. Said conditioned development plan collectively consists of the following 2 documents: 3 a. Development Plan (showing the location of lots, streets, 4 structure footprints, and other major features of the 5 project). 6 b. Sanitary sewage disposal area. 7 c. Grading and drainage plan. 8 SECTION 3. Notwithstanding the provisions of Chapter 24- 9 210 of the Butte County Code the following provisions shall govern the use and 10 development of said property: 11 a. Lots 1-12 as shown on the development plan shall allow 12 only uses and activities consistent with SR (Suburban 13 Residential) zoning designation as currently identified 14 with Section 24-135 (A) & (B) of the Butte County Code. 15 b. Lot 13 shall allow the following activities provided that 16 associated construction will not adversely affect the 17 status as a structure on the National Register of 18 Historical Places, documented by a historical 19 professional qualified to evaluate the site and proposed 20 modifications: 21 (1) Uses and activities consistent with ' SR 22 (Suburban Residential) zoning designation as I currently identified with Section 24-135 (A) & 2 (B) of the Butte County Code 3 (2) A bed and breakfast home as a permitted use 4 (3) Wedding facility as a use allowed subject to the 5 issuance of a use permit for the parcel. 6 7 c. All uses and activities with the development shall be 8 subject to Section 24-240 of the Butte County Code 9 parking regulations. Future use permits and other 10 discretionary approvals shall be subject to parking 11 regulations in effect at the time the discretionary permit is 12 issued. 13 d. All uses and activities with the development shall be 14 performed in accordance with State and Federal laws 15 and guidelines regarding historical resources, and shall 16 not cause or contribute to the home being removed from 17 the National Register of Historical Places. 18 SECTION 4. In the event the lots are offered for sale, the 19 developer shall establish a property owner's association to be responsible for the 20 maintenance and upkeep of the utilities, roads, landscaping, and all other 21 property owned in common. The developer shall assume responsibility for the 22 unsold, remaining memberships until such time as the property owner's 23 association can reasonably assume the financial responsibilities for the 24 maintenance and upkeep of the utilities, roads, and all other real property owned 1 in common. To ensure that the property owner's association is adequately 2 formed to meet these responsibilities, the developer shall submit copies of said 3 homeowners association agreement to the Butte County Planning Department 4 for review and approval prior to the recordation of any subsequent map 5 authorizing the sale of any real property in conjunction with this development. 6 SECTION 5. This Ordinance shall be and it is hereby 7 declared to be in full force and effect from and after thirty (30) days after the date 8 of its passage, and before the expiration of fifteen (15) days after its passage, 9 this Ordinance shall be published once with the names of the members of the 10 Board of Supervisors voting for and against it in the Chico Enterprise Record, a 11 newspaper published in the County of Butte, State of California. 12 This ordinance supersedes Ordinance No. 3374 passed and 13 adopted on the 9th day of December, 1997, by the Board of Supervisors. 14 PASSED AND ADOPTED by the Board of Supervisors of the 15 County of Butte, State of California, on the 19th day of August, 2008, by the 16 following vote: 17 AYES: 18 NOES: 19 ABSENT: 20 NOT VOTING: 21 22 CURT JOSIASSEN, CHAIRMAN 23 Butte County Board of Supervisors 24 25 26 2 3 4 5 6 7 • 0 ATTEST: C. BRIAN HADDIX, Chief Administrative Officer and Clerk of the Board 0 Deputy RESOLUTION 08-35 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 07-0002 WHEREAS, the Planning Commission has considered Zoning Code Amendment 07- 0002 for James and Cheryl Fuhring in accordance with Chapter 24, Zoning, of the Butte County Code, to allow as a permitted use,, a bed and breakfast home, and as a conditionally permit use, a wedding facility, on APN 040-630-013 in the Planned Unit Development (PUD) zone; and WHEREAS, the Planning Commission has considered an Initial Study and Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Zoning Code Amendment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and ' WHEREAS, a duly notified public hearing was held on June 12, 2008; and WHEREAS, the Planning Commission has considered public comments , and a report from the Planning Division. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: 1. Adopt a Negative Declaration, based on the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no .substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment.. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is not required, based on the determination from California Department of Fish and Game that the project has no potential effect on fish, wildlife and habitat. 0 III. Approve Zoning Code Amendment ZCA07-0002 to allow a bed and breakfast home as a permitted use, and a wedding facility as conditionally permitted use, in the PUD zone, on APN 040-630-013, subject to the following findings: A. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility would provide for self-employment and a degree of financial independence for the residents. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that wedding facility is compatible with surrounding uses. B. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 by providing commercial services for the community and neighborhood levels. DULY PASSED AND ADOPTED this 12'h day of June, 2008, by the following vote: AYES: Commissioner Leland, Nelson, Lambert, Marin and NOES: None ABSENT: None ABSTAIN: None Harrel Wilson - Chair Planning Commission County of Butte, State of California 2AT T: I_ i Tina Bonham, Secretary Planning Commission County of Butte, State of California • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING June 18, 2008 FUHRING, JAMES 2280 DURHAM DAYTON HWY DURHAM, CA95938 Re: ZONING CODE AMENDMEN T: ZCA07-0002 APN: 040-630-013 Dear James Fuhring: At the regular meeting of the Butte County Planning Commission held June 12, 2008, yourrequest for a the Planning Commission to send a recommendation to the Board of Supervisors to approve a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn was approved. The zoning code amendment will alsoallow as conditional use, a wedding facility. The amendment will apply only to this APN. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). Should you desire to appeal any of the conditions imposed by the Planning Commission, younust do so in writing, prior to 5:00 p.m., Monday, June 23, 2008 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is fmal. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be requiredas a condition of approval for yourproject or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in salsfying this condition. The conditions of approval must be met within twenty-four (24) months from the date of approval bythe Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding the matter, please contact Mark Michelena at <undefinedvalue> between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, .-I n y�' Tina Bonham Commission Clerk BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — June 12, 2008 Applicant: James & Cheryl Fuhring File #: ZCA07-0002 Request: A Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel G.P.: AR (Agricultural Residential) Zoning: PUD (Planned Unit Development) — Ordinance 3374; Zone Date: December 9, 1997 APN: 040-630-013 EXECUTIVE SUMMARY: Parcel Size: 1:5 acres Supervisor Districts: 4 Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection) Planner: Mark Michelena Attachments: A: Resolution B: Draft Ordinance C: General Plan/Zoning Map D. Initial Study/Negative Declaration E. Applicant's Letter (May 19, 2008) F. Fish &Game Determination Letter (May 27, 2008) G. Site Plan The applicant has requested a Zoning Code Amendment (ZCA) to the existing Planned Unit Development (PUD) for APN 040-630-013 only. The ZCA would allow (as a permitted) use the existing historical building (W.W. Durham House) to be used as a "Bed and Breakfast Home" and allow the parcel to .be used as a "Wedding Facility," subject to the issuance of a future use permit. Staff recommends that the Planning Commission adopt the resolution recommending approval of Zoning Code Amendment ZCA07-0002 as indentified in the attached draft ordinance (see Attachments A & B). PROJECT DESCRIPTION: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 1 of 6 ■ 0 • historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure on the National Register of Historical Places, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. PROJECT ANALYSIS: • The existing PUD zone for this parcel currently allows only uses and activities identified with the Suburban Residential (SR) Zone, Section 24-135 (a) & (b) of the Butte County Code: Permitted use: - One (1) single-family dwelling or modular home, per parcel. - The use of a single-family residence as a small family day care home, licensed family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or neglected children. Said homes shall serve six (6) or fewer persons and shall be subject to all applicable state regulations and limitations. Accessory uses: - Those uses and structures normally associated with a single-family residential use and are in conjunction with or incidental to the residential use, including but not limited to a garage, workshop, garden, private swimming pool, private tennis court, gazebo, spa, etc. - A guest house as defined by section 24-305.175. - A second dwelling unit pursuant to section 24-280. - Agricultural uses, including the keeping of animals, subject to the animal maintenance requirements of sections 24-255 through 24-255.15, inclusive, of this Code. • The Suburban Residential zone does not allow bed and breakfast homes. • A bed and breakfast home is defined as a structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations. (BCC Section 24- 305.042) • Bed and breakfast homes are permitted uses in the R-3 and R-4 zoning districts and conditionally permitted (minor use permit) uses in the A, A -R A -SR, FR, M -R, R-1, R-2, R- N, H -C and RPO zoning districts. • The bed and breakfast home use is quite similar from a land use planning perspective as a single-family dwelling and is likely to generate similar environmental effects. • A wedding facility is not part of the current application. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to land use will be further evaluated and required findings made. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 . Page 2 of 6 . • If proposed Zoning Code Amendment ZCA07-0002 is approved, the Planning Commission would be responsible for approving, conditionally approving, or denying future use permit applications for a wedding facility on the parcel pursuant to Chapter 24-45 of the Butte County Code. It would utilize section 24-45.10 specifically as the criteria for granting the future use permits: The Planning Commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare, and safety of the county. GENERAL PLAN ANALYSIS: The proposed amendment is consistent with the following Land Use Element programs and polices: 3.3 Commercial Uses Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient service to area residents. Some offices and services can be compatible with residential uses if sufficient limitations and conditions are places on the business activities. 3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas. (Grammar remains as adopted.) A bed and breakfast home will provide a convenient service to area residents and visitors to Butte County. The requirement to obtain a use permit to establish the wedding facility will ensure "sufficient limitations and conditions are placed on the business activities" so that wedding events are compatible with surrounding residential uses. 4.3 Commercial Services The purpose and function of commercial facilities relate directly to the marked demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. The bed and breakfast and a wedding facility will offer specific services to not only the citizens of the Durham area, but the county as a whole. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 3 of 6 ■ ENVIRONMENTAL REVIEW: An Initial Study, in which no significant environmental impacts were identified, was prepared for this project and made available for public review at the Planning Division and on-line at the Butte County web site for the 20 -day period between May 23, 2008 and June 11, 2008. A Notice of Intent for the negative declaration was published in the Chico Enterprise Record and Oroville Mercury Register on May 23, 2008, and notices that the initial study/negative declaration was available for review were sent to 29 owners of properties adjacent to the project parcel on May 19, 2008. No negative comments were received from the public. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 4 of 6 ■ • RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 07-0002 WHEREAS, the Planning Commission has considered Zoning Code Amendment 07- 0002 for James and Cheryl Fuhring in accordance with Chapter 24, Zoning, of the Butte County Code, to allow as a permitted use, a bed and breakfast home, and as a conditionally permit use, a wedding facility, on APN 040-630-013 in the Planned Unit Development (PUD) zone; and WHEREAS, the Planning Commission has considered an Initial Study and Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Zoning Code Amendment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on June 12, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: 1. Adopt a Negative Declaration, based on the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is not required, based on the determination from California Department of Fish and Game that the project has no potential effect on fish, wildlife and habitat. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 5 of 6 ■ i 0 III. Approve Zoning Code Amendment ZCA07-0002 to allow a bed and breakfast home as a permitted use, and a wedding facility as conditionally permitted use, in the PUD zone, on APN 040-630-013, subject to the following findings: A. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility would provide for self-employment and a degree of financial independence for the residents. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that wedding facility is compatible with surrounding uses. B. The proposed zoning code amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 by providing commercial services for the community and neighborhood levels. DULY PASSED AND ADOPTED this 12`" day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson - Chair Planning Commission County of Butte, State of California ATTEST: Tina Bonham, Secretary Planning Commission County of Butte, State of California ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ June 12, 2008 ■ Zoning Ordinance Amendment — ZCA07-0002 ■ Page 6 of 6 ■ 1 ORDINANCE NO. 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 3374 4 ZONING A PORTION OF THE COUNTY OF BUTTE, 5 STATE OF CALIFORNIA, A PUD (PLANNED UNIT 6 DEVELOPMENT) DISTRICT, PURSUANT TO SECTION 24- 7 25.40. 8 # 9 The Board of Supervisors of the County of Butte, State of 10 California, under and pursuant to Section 24-25.40 of the Butte ounty Code of 11 said County, ORDAINS,' as follows: 12 SECTION 1. The hereinafter decribed area situate in the 13 County of Butte, State of California, shall be and it is hereby zoned as a PUD 14 (Planned Unit Development) District, and—such area shal�be subject to the 15 restrictions and restricted uses and regu�lat opursuant to Butte County Code 16 Section 24-210. k 17 18 of Butte Cou 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Said area,:k zoned being located in the unincorporated area Chico, more particularly described as follows: . II that certain' real property situated in the State of California, County of Butte, described as follows: 33 - zoned Lots 1 throuah 13. as shown on the Durham Green Phase 2 Subdivision, recorded in the Office of the Recorder of the Countv of Butte. State of California, on February 12, 1999, in Book 146 of Maps, at Pages 66 through 68. SECTION 2. The use and development of said property t 1 "PUD" shall be in accord with the development plan submitted by the applicant, 2 as conditioned and incorporated herein by reference. Conditions of approval are 3 as shown on a memo to the Board of Supervisors October 28, 1997. Said 4 conditioned development plan collectively consists of the following documents: 5 a. Development Plan (showing the location of lots, streets, 6 structure footprints, and other major features of the 7 , project). 8 b. Sanitary sewage disposal area. 9 c. Grading and drainage plan. 10 SECTION 3. Notwithstanding the provisions of Chapter 24- 11 210 of 12 the Butte County Code the following provi� signs shall govern the use and 13 development of said property: 14 a. Lots" 1--312 as shown on the development plan shall 15 allow only �ses and activities identified with Section 24- 17 18 19 20 21 22 Historical Places, documented by a historical professional qualified to evaluate the site -and proposed modifications: • 1 (1) Uses and activities identified with Section 24- 2 135 (A) & (B) of the Butte County Code 3 (2) A bed and breakfast home as a permitted use 4 (3) Wedding facility as a use allowed subject to the 5 issuance of a use permit on theN arcel. I 6 7 tic. All uses and activities with the deve op ent shall be t 8 subject to Section 24-240 the But\teCountyl Code 9 parking regulations. 10 d. All uses and activities with the development shall be 11 performed in accordance with St teand Federal laws 12 and guidelines 4Qi`nQ�historical resources, and shall 13 not cause the home to be removed from the National 14 Register of Historical Places. 15 SECTION 4. In the event the lots are offered for sale, the 16 developer shall establish a property `o/wner's association to be responsible for the 17 maintenance and u4pkee*p of the utilities, roads, landscaping, and all other 18 property owned in common. The developer shall assume responsibility for the 19 unsold, remaining (memberships until such time as the property owner's 20 association can reasonably assume the financial responsibilities for the 21 maintenance and upkeep of the utilities, roads, and all other real property owned 22 in common. To ensure that the property owner's association is adequately 23 formed to meet these responsibilities, the developer shall submit copies of said 24 homeowners association agreement to the Butte County Planning Department 1 for review and approval prior to the recordation of any subsequent map 2 authorizing the sale of any real property in conjunction with this development. 3 SECTION 5. This Ordinance shall be and it is hereby 4 declared to be in full force and effect from and after thirty (30) days after the date 5 of its passage, and before the expiration of fifteen (15) days after its passage, 6 this Ordinance shall be published once with the names of the members of the 7 Board of Supervisors voting for and against it in the Chico Enterprise Record, a r 8 newspaper published in,the County of Butte, State of California. 9 PASSED AND ADOPTED by the Board of Supervisors of the 10 County of Butte, State of California, on the day of , 2008, by.the 11 following vote: ' 12 AYES: 13 NOES: 14 ABSENT: 15 NOT VOTING: 16 17 CURT JOSIASSEN, CHAIRMAN 18 Butte County Board of Supervisors 19 - 20 21 ATTEST: C. BRIAN HADDIX, Chief Administrative 22 Officer and Clerk of the Board 23 24 25 By 26 Deputy 27 FUHRI NG ZCA07-0002 Board of Supervisors August 19, 2008 Background A Zoning Code Amendment (ZCA) to modify a previously approved (12/9/97) Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel. The project does not propose any building or site development activity. The Planning Commission heard the ZCA request on June 12, 2008 Durham Green — Planned Unit Development (Phase 2) � Subject Parcel M4AM CIF. LOT I No LAHOT PMSE I' PER BOOK 138 a' at PAWS AMAM W-9& ALSO MMW PORTION OF sum COUNTY CALIFORNIA MMAS C. .0 CAROL A. GIONDVAHIS NorthSW Durham Green — Planned Unit Development (Phase 2) � Analysis The existing PUD zone for this parcel currently allows only uses and activities identified with the Suburban Residential (SR) Zone, Section 24- 135 (a) & (b) of the Butte County Code. The Suburban Residential zone does not allow bed and breakfast homes. Bed and breakfast homes are permitted uses in the R73 and R-4 zoning districts and conditionally permitted (minor use permit) uses in the A, A -R A -SR, FR, M -R, R-1, R-2, R -N, H -C and RPO zoning districts. A bed and breakfast home is defined as a structure designed as a single- family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations. (BCC Section 24-305.042) Analysis The proposed amendment is consistent with the following Land Use Element programs and policies: 3.3 Commercial Uses Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient service to area residents. Some offices and services can be compatible with residential uses if sufficient limitations and conditions are placed on the business activities. 3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas. (Grammar remains as adopted.). 4.3 Commercial Services The purpose and function of commercial facilities relate directly to the market demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. 3 • Analysis E An initial study concluded no environmental impacts would occur from the Zoning Code Amendment. A wedding facility is not part of the current application. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to land use will be further evaluated and required findings made. If proposed Zoning Code Amendment ZCA07-0002 is approved, the Planning Commission would be responsible for approving, conditionally approving, or denying future use permit applications for a wedding facility on the parcel pursuant to Chapter 24-45 of the Butte County Code. Public Comment One neighbor spoke at the Planning Commission hearing. He supported the project, but had a concern that an access easement to his property for agricultural purposes might be blocked Staff explained that the bed & breakfast home would have adequate parking (4 guest spaces) that would not block the access easement. Any future use permit for a wedding facility would analyze the parking requirement. Presumably, the use permit would be issued only if the access easement was not hindered. 4 gal WWWf "'' 1 ,�. 6'yt � x,S' i�`4`Ai,.�.`,i• �1, • �R `�9 � _ 3.�:�1Ci GSR .iw Vl$?L1.T w4ri W.�.a.,...}Zy � :� a :'� 1 +� ` �'.�"� d `'-" ✓ .. x fit I ry���.' a �`y.►. � � - 'Y'3i •�S l�'�•Yrigp� � .� k wTt �••�,z a. � C• x%.���t,� 17 ✓ ^�2 "I► r �I,�tr � � t r �-.\ J �±R..r 1 "� a #f•`' _'' dY•t;A' '`Y a�,�j' gla!j� '\',1i v.- w IR i Proposed Recommendation The Planning Commission recommends that the Board of Supervisors take the following actions: Adopt the Negative Declaration II. Approve Zoning Code Amendment (ZCA07-0002) to allow a bed and breakfast home as a permitted use, and a wedding facility as conditionally permitted use, in the PUD zone, on APN 040-630-013 7 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR ZONING CODE AMENDMENT ZCA07-0002 (Durham House Zoning Code Amendment for Bed and Breakfast Home and Wedding Facility) • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR ZONING CODE AMENDMENT ZCA07-0002 (Durham House ZCA) 1.0 PROJECT INFORMATION A. Applicant/Owner: James Fuhring B. Engineer: n/a C. Staff Contact: Chris Tolley 538-7603 or (530) 538-7601; ctolley@buttecounty.net. D. Proiect Name: Durham House Zoning Code Amendment to allow a Bed & Breakfast Home and Wedding Facility in a PUD E. Proiect Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). F. Type of Application(s): Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) G. Assessor's Parcel Number: 040-630-013 H. Project Site Size: 1.5 acres 1. Current Zoning: PUD (Planned Unit Development) J. General Plan Designation: AR (Agricultural Residential) K. Environmental Setting: The project site is developed with an existing dwelling (Durham House), swimming pool, 2 sheds, fountain and two patio areas. Vegetation on site includes two existing oaks, several different fruit trees, a palm tree, a chestnut tree, a walnut tree and lawn area. The Durham House is listed on the National Register of Historic Places. The home was constructed in approximately 1874 for William Wellington Durham, and is considered locally significant in the areas of community planning and development, exploration and settlement. The home is and will continue to be maintained in accordance with State and Federal laws and guidelines regarding historical resources. The house was listed on April 2, 1992. The resource identification number for the National Register is: 92000316; the state plaque number is N 1761. The parcel, lot 13 of the Durham House Subdivision, was zoned PUD by Ordinance 3374 on December 9, 1997. This specific PUD limited the allowed use to those identified within Section 24-135 (A) and (B) of the Butte County Code. Section 24-135 (A) and (B) list the permitted and accessory uses of the Suburban Residential (SR) Zone. Bed and breakfast homes and wedding facilities are not permitted uses, accessory uses, or uses permitted with a use permit in the SR zone. A bed and breakfast home is defined by Butte County Code Section 24-305.42 as "[a] structure designed as a single-family dwelling with one (1) family in permanent residence, where no more than three (3) bedrooms, without individual cooking facilities, are rented for overnight lodging. Meals may be provided to overnight guests only, subject to applicable county health regulations." The proposed amendment would be subject to this definition, and any modifications ' in the Butte County Chapter 24 (Zoning) that may apply to bed and breakfast homes. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 1 of 26 ■ • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) • Wedding facilities are not defined by Butte County Code, and are not specifically listed as permitted uses or uses permitted with use permit. However, wedding facilities have been allowed with the issuance of a use permit in the A-5 to A-160 zones, the M -R zone, and the FR -1 to FR -160 zones as "outdoor commercial recreational facilities on sites not less than five (5) acres" L. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s North Agricultural Residential (AR) PUD/SR-1 Residential / Agriculture South AR / Industrial A-5 / M-1 Agriculture / Industrial East AR A-5 Agriculture West AR A-5/SR-1 Agriculture / Residential M. Proiect Description: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. This initial study evaluates the project -specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Code Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four or five spaces. The quantity of parking spaces is sufficient to meet the requirements of Butte County Code Section 24-240 (Parking regulations), as they apply to a bed and breakfast home. A parking area is also located at the rear of the parcel and is maintained for the owners' use. N. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 2 of 26 ■ 9 w Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 79 Ri �t+� t �� ` �" +'�"�� �. •mss/! i�` � `';'7 !1 s � VIE Iy tA Wal.. '_�a 17 �i• - • '• _Jr I•a..:.:e.11i. �:r'•i�`Cw ate`; � k� ���..••�� � ,.ald . l.L ►rte^ a +}w.:o✓. "�. S '�� •`• i ire 4; AERIAL PHOTO 2.0 DETERMINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 3 of 26 ■ Durham House Zoning Code Amendm•ZCA 07-0002 (Fuhring) • [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,, nothing further is required. Prepared y: Mark Mh na, Senior Planner Date a5—Z �'0 Reviewe by: acey Jolliffe, Principal Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: Project impacts to the environmental factors checked below could be potentially significant; however, with the incorporation of mitigation measures, project related impacts are reduced to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project 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). ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 4 of 26 ■ Durham House Zoning Code Amendrt}Clft ZCA 07-0002 (Fuhring) • 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICVISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a State scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 5 of 26 ■ Durham House Zoning Code AmendI t ZCA 07-0002 (Fuhring) • "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets County code. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to aesthetic and visual resources will be further evaluated. Impact Discussion: The visual character of the site and surrounding land is mixture of rural residential and agricultural residential uses. There are industrial uses located approximately 500 feet to west. The project site is not located in an area identified as a scenic vista or not along a State scenic highway. The project will not include any site development activity. The "bed & breakfast home" will be located within the existing residence and will not involve any modifications to the structure. A wedding facility is not anticipated to involve any modifications to the existing residence. No additional lighting is proposed as part of the project. Therefore, impacts of the ZCA on existing visual and aesthetic recourses would have no impact to the surrounding area. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is zoned PUD which allows for a single-family residence. The project parcel is not under a Williamson Act contract; nor adjacent to any parcels under a Williamson Act Contract. Since the site is already ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 6 of 26 ■ Durham House Zoning Code AmendmZ tt ZCA 07-0002 (Fuhring) • developed with a residential dwelling, there is no conflict to adjacent parcels with agricultural uses. Therefore, the project would have no impact on surrounding agricultural uses. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or State ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "non attainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 7 of 26 ■ Durham House Zoning Code Amendm40ZCA 07-0002 (Fuhring) 0 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx :525 lbs/day >25 lbs/day >137 lbs/day ROG <25 lbs/day >25 lbs/day >137 lbs/day PM10 <80 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant impacts Potentially Significant Impacts Significant Impacts Environmental Document Mitigated Negative Declaration (MND) or ND Mitigated ND or EIR EIR Source: BCAQMD CEQA Handbook Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The table does not identify a bed and breakfast home in the last use category. The threshold for a single family residential project is 120 units. The use of an existing home, as a bed and breakfast home, will likely generate fewer pollutants than a single-family residence. Air pollutant emissions associated with the proposed project would consist primarily of the additional motor vehicle exhaust generated by guests of the bed and breakfast home and wedding facility. The proposed bed and breakfast will include three bedrooms. The use would add a minimal amount of traffic to the area. This project was evaluated using the BCQAMD Guidelines. According to the Guidelines, the project would generate Level "A" thresholds of emissions, which does not require incorporation of Best Available Mitigation Measures and Supplemental Mitigation Measures (Indirect Source Review Guidelines, BCAQMD 1997:4). Therefore the air pollutant emissions level is considered less than significant. The wedding facility would generate additional traffic. It is assumed a future use permit would be issued with conditions of approval or mitigation measures on operational characteristics such that air quality impacts would be less than significant. Therefore, the project will have a less than significant impact on air pollutant emission levels. Based on the information provided above this project will not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation. There are no sensitive receptors within one mile of the project site. Additionally, no change in use is proposed for the site; therefore there are no additional pollutants that would irritate potential sensitive receptors. No activities are expected to occur that would result in the emission of hazardous or acutely hazardous substances. Objectionable odors are characterized as either nuisance or hazardous odors. For an objectionable odor to be considered significant, the odor must cause a serious adverse physical reaction or illness. The project is not proposing any construction will generate odors from vehicle exhaust and asphalt paving. The project would not generate objectionable odors; therefore no impact to the surrounding area. Mitigation Measure: None required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 8 of 26 ■ Durham House Zoning Code Amendment 07-0002 (Fuhring) • 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, 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 X Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat X conservationplan? g A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? L A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident or X migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 9 of 26 ■ Durham House Zoning Code Amend*ZCA 07-0002 (Fuhring) 0 significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Vegetation on site includes 2 existing oaks, several different fruit trees, a palm tree, a chestnut tree, a walnut tree and a lawn area. The oak trees are approximately 250 and 500 years old and get periodic inspections by an arborist. Since there is no proposed development, the proposed zoning code amendment will not remove any of the existing vegetation; therefore the project would have no impact on biological resources. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated 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 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 The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence (Durham House) is listed on the National Register of Historic Places. The home was constructed in approximately 1874 for William Wellington Durham, and is considered locally significant in the areas of community planning and development, exploration and settlement. The home is and will continue to be maintained in accordance with State and Federal laws and guidelines regarding historical resources. The house was listed on April 2, 1992. The resource identification number for the National Register is: 92000316; the state plaque number is N1761. The project would no impact on any historical, cultural or archaeological resource. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 10 of 26 ■ Durham House Zoning Code Amendment CA 07-0002 (Fuhring) • Mitigation Measure: None required 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated X 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 known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: As no construction is contemplated by this zoning code amendment, the project would have less than significant impacts associated with geologic processes. The change to the site would be the guests staying at the "bed and breakfast home." The site is typical of the County and demonstrates no unusual geologic risks. No known active faults or Alquist-Priolo special studies zones occur in or adjacent to the project site (California Department of Conservation 1999). The project site is subject to potential risks such as ground shaking resulting from earthquakes. Liquefaction is the transformation of a solid landform consisting of native soils or fill, to a temporarily liquid state due to shaking. The ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page I1 of 26 ■ • • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Butte County Seismic Safety Element's Liquefaction Potential Map (17 June 2003) shows that the project is located in an area with generally moderate hazard from liquefaction. Liquefaction potential is considered less than significant. Terrain on the project site, and surrounding area, is nearly level. No landforms with steep slopes creating landslide potential occur near the property. There are no impacts associated with potential landslides. According to the Butte County General Plan GIS data there is no potential for soil erosion on the project site. Since there is no proposed site development, the site being generally level and the area identified as having no potential for erosion, there are no impacts associated with erosion. The project is not expected to result in on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. The Butte County General Plan Conservation Element's Expansive Soils Map indicates that the project site has a "moderate" expansive soil potential. The project is not proposing any site development activities. If development is proposed in the future, the Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive potential. If the site does have expansive soils, the Building Division will ensure that the foundations of all new structures are designed to handle the shrink/swell characteristics of expansive soils. Given these standard requirements, expansive soil would have no impact on the project. The Department of Environmental Health reviewed the project and determined that the existing septic system was adequate to use the residence as a Bed and Breakfast home and had no conditions. Future use of the site as a wedding facility will be reviewed as part of a use permit in order to address the issue of wastewater. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 12 of 26 ■ • • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Would the proposal: Impact with Impact Impact Previous Impact Mitigation Impact Document Incorporated Document g Impair implementation of or physically interfere with an Incorporated adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with willdlands? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing use, a single-family residence does not generate hazardous materials or result in the routine use or transport of hazardous materials. The use of the residence as a "bed and breakfast' is not expected to generate hazardous materials or result in the routine use or transport of hazardous materials. Therefore, no impacts are anticipated No federal Superfund, State Response, Voluntary Cleanup, or School Cleanup sites occur on or within the vicinity of the study area (Department of Toxic Substances Control February 2007). Butte County published its "Multi -Jurisdictional All Hazard Pre -Disaster Mitigation Plan" (MHMP) in March 2007. The MHMP identifies potential natural hazards, technological hazards, and domestic threats. It includes an integrated action plan that reduces potential hazards and provides procedures for responding to the different emergencies. The proposed project would not interfere with the pre -disaster mitigation activities or with implementation of the emergency procedures. Therefore, the project would have no impact on an adopted emergency response plan or emergency evacuation plan. The project site is not located in a State Response Area (Butte County General Plan Hazards and Safety Element Public Review Draft Fire Hazard Severity Map March 2005). The nearest full-time fire station is Station 45 located t 0.5 miles to the southwest of the site at 2367 Campbell Street. No impact from wildfires is expected. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 13 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 13 of 26 ■ Durham House Zoning Code Amendment CA 07-0002 (Fuhring) The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence uses a septic system for wastewater. The project was reviewed by Butte County Environmental Health, which determined that the existing septic system is adequate to meet the requirements of a "bed & breakfast home." Therefore, there will be no impact on water quality standards or waste discharge. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. in Butte County Department of Development Services — Planning Division ■ ■ Initial Study.for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 14 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? L Otherwise substantially degrade waterquality? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which 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 X result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The existing residence uses a septic system for wastewater. The project was reviewed by Butte County Environmental Health, which determined that the existing septic system is adequate to meet the requirements of a "bed & breakfast home." Therefore, there will be no impact on water quality standards or waste discharge. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. in Butte County Department of Development Services — Planning Division ■ ■ Initial Study.for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 14 of 26 ■ Durham House Zoning Code Amendme� CA 07-0002 (Fuhring) 0 Since the project is not proposing any site development, it would not alter existing drainage patterns on site, or in the area, and therefore would no impact. The project is located in a flood zone AE (Flood Insurance Rate Map panel # 06007C0520 C, dated June 8, 1998), but since there will be no new development or site disturbance; there will be no impact due to flooding. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets county codes. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is located in an area of rural residential and agricultural residential uses. There are industrial uses located approximately 500 feet to west. The proposed modification to the PUD zone, will not have no impact on the established community, or create a conflict with the general plan. Preparation of the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of the Cities of Biggs, Chico, Gridley, Oroville, and the County of Butte. The HCP/NCCP will provide opportunities for comprehensive species, wetlands and ecosystem conservation and contribute to the recovery of endangered species within the plan area, while also providing a more streamlined process for environmental permitting. As of the writing of this initial study, a Draft of the HCP/NCCP has not yet been released. The preparation and approval of the HCP/NCCP is expected to be completed in mid -2010, depending upon the issues addressed and the duration of the State/Federal approval process. - Mitigation Measure: None required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 15 of 26 ■ 0 0 Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the State? X b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X Ian, specific plan, or other land useplan? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: There are no known significant mineral resources on the project site and no mining activities occur in the area. The project would have no impact on mineral resources of value to the region or the state. The study area contains no mineral resource recovery sites. There project would have no impact on these resources. Mitigation Measure: None required 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground X borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the X project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles X of a public airport or public use airport, would the project ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 16 of 26 ■ • . Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Induce substantial population growth in an area, either Incorporated expose people residing or working in the project area to X excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project site is located within the vicinity of light industrial uses and railroad tracks, or other existing uses that could generate ground -borne vibration or ground -borne noise that could affect the use of the existing house as a "bed and breakfast home." The proposed project would not include any site development or disturbance that would generate substantial ground -borne vibration or noise or use construction activities that would have such effects. Therefore, no impact would occur. The project site is located in an area of residential, agricultural and light industrial uses. The use of the existing residence as a "bed and breakfast home" will not generate noise levels that exceed the current levels. The wedding facility would generate event noise. It is assumed a future use permit would be issued with conditions of approval or mitigation measures on operational characteristics such that noise impacts would be less than significant. Therefore, the project will have no impact on the permanent noise levels in the area. Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). The project site is not located with an airport land use plan, or in the vicinity of a private airstrip. Mitigation Measure: None required 4.12 POPULATION AND HOUSING: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 17 of 26 ■ • . Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Would the Potentially Less Than Less Than No i Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Would the project result in substantial adverse physical Incorporated b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. The proposed project will not displace housing or large groups of people. Therefore, the project will have no impact on population and housing. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant with Significant Impact Under Impact Mitigation Impact Previous Incorporated Document a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 18 of 26 ■ Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. Therefore, the proposed project will have no impact on governmental buildings or structures or schools as compared to the existing use. The project would have nominal effect on parks and other public services. Due to adequate management, a wedding facility, if established, is expected to have a less than significant effect on fire protection, sheriff services, and other public services. Mitigation Measure: None required. 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events could potentially use recreational facilities; however, that use would be limited by the duration of stay and is expected to be a less than significant impact. The project site is located within the Durham Recreation and Park District. No recreational facilities currently occur on-site and none is proposed. The project does not propose recreational facilities and would not require the expansion of existing facilities. Mitigation Measure: None required ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 19 of 26 ■ 0 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review prior to establishing the use at which time a traffic study would be performed, if necessary, to evaluate and offset potential impacts on the road system prior to the issuance of the use permit. Impact Discussion: Neither the proposed bed and breakfast home nor the potential wedding facility would add permanent population to the community of Durham. People attending the bed and breakfast home or future wedding events would add some traffic to the local and regional roadway system. Use of three existing bedrooms for a bed and breakfast home are not expected to generate amounts of traffic that would cause a significant effect on the local roadway system, which generally operates at adequate levels of service in the area. Therefore, impacts of the ZCA on existing traffic load and capacity of the street system, including service standards, is expected to be less than significant. Use of the facility as a bed and breakfast home is not expected to change traffic patterns. The site currently has adequate access via the Durham Dayton Highway. No need for traffic improvements or facilities has been identified to date. Any future improvements associated with a use permit for the wedding facility would necessarily be constructed to County standards. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four spaces. The quantity of parking spaces is sufficient to meet the requirements of Butte County Code ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 20 of 26 ■ Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Section 24-240 (Parking regulations), as they apply to a bed and breakfast home. A parking area is also located at the rear of the parcel, and is maintained for the owners' use. No policies, plans or programs supporting alternative transportation have been identified in conflict with these proposed uses at the Durham House. Mitigation Measure: None required 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has X adequate capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity X to accommodate theproject's solid waste disposal needs? g. Comply with federal, State, and local statutes, and X regulations related to solid waste? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. Impact Discussion: The project parcel is currently served by a septic system. The Butte County Environmental Health Department has reviewed the project and determined that the existing septic system is adequate for the residence to be used as a "bed & breakfast home." The future use of the site a "wedding facility" would need to meet Environmental Health requirements for wastewater treatment. The project would have a less than significant impact on any wastewater treatment facilities. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 21 of 26 ■ Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) The parcel is served by public water (Durham Irrigation District). The project would not have an impact on any wastewater treatment facilities because an existing individual septic system would be utilized. No site development activity is proposed as part of the Zoning Code Amendment and the use of the existing residence as a "bed & breakfast home." Therefore no on or off-site storm water drainage improvements will be required. The parcel is served by public water (Durham Irrigation District). The "bed and breakfast home" would have a minimal impact on water demand; therefore, impacts on water supply will be a less than significant. The project could increase the stream of solid waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. The project would have a less than significant impact on solid waste disposal. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a X plant or animal community; substantially reduce the number or restrict the range of a rare, endangered or threatened species; or eliminate important examples of the major periods of California history orprehistory? b. Achieve short-term environmental goals to the X disadvantage of long-term environmental goals? c. Have possible environmental effects that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a X project are significant when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects. d. Have environmental effects that will cause substantial adverse effects on human beings, either directly or X indirectly? The project does not propose any building or site development activity. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The "bed and breakfast home" would use the existing house on the parcel. There are already four parking spaces available for guests and additional off-street parking for the residents that meets county code. A wedding facility is not part of the current application. Only a programmatic evaluation is possible at this time based on the project description. A future wedding facility would require the issuance of a use permit and subsequent environmental review at which time potential impacts to agricultural uses will be further evaluated. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 22 of 26 ■ Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) Impact Discussion: No site disturbance or vegetation removal is proposed. The project would not degrade the quality of the environment or impact existing habitat. The use of the historic home would not impact California history or prehistory. People attending the bed and breakfast home or future wedding events would add some traffic to the local and regional roadway system. Use of three existing bedrooms for a bed and breakfast home are not expected to generate amounts of traffic that would cause a significant effect on the local roadway system, which generally operates at adequate levels of service in the area. Therefore, impacts of the ZCA on existing traffic load and capacity of the street system, including service standards, is expected to be less than significant. No environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly were identified in this evaluation. Projects within one mile: Project Number of Lots/ Use Status TPM07-0011 4/(Residential) Incomplete TPM06-0035 3 /(Light Industrial) Staff Review GPA06-0002/ REZ06-0004/ TSM06-0011 46/(Residential) Incomplete REZ 06-02 Rezone from A-5 to SR -1 Hold UP 04N-21 -- Withdrawn UP 04-17 Pre-school (up to 30 kids) Approved MER 06-03 ]/(Light Industrial) Finished (merged two lots into one) LLA 05-07 2/(Residential) Approved (no new lots) LLA 04-11 2/(Residential) Finished (no new lots) ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 23 of 26 ■ • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) LLA 04-11 LLA 05-07 P-' TPM07-0011 / PRED 06-09 II UP 04-1j1 TPM06-0035 '= PROJECTS LOCATED WITHIN ONE MILE OF THE SITE 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: No mitigations are required. ■ Butte County Department of Development Services — Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 24 of 26 ■ 0 • Durham House Zoning Code Amendment ZCA 07-0002 (Fuhring) 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County. Multi -Jurisdictional All Hazard Pre -Disaster Mitigation Plan. Oroville, CA. March 2007. 2. Butte County Planning Department. General Plan Designations Figure 1-2, Land Use Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 4. Butte County Planning Department. Earthquake and Fault Activity Map 1 l-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 13. Butte County Planning Department. School District Map. Oroville, CA. 14. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 15. National Flood Insurance Program. Flood Insurance Rate Map 06007C -0790C 8 June 1998. Federal Emergency Management Agency. 16. Oroville Topographic Quadrangle Map U.S. Geologic Society. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18. Natural Resources Conservation Service on-line soil survey (MRCS 2006). 19. Butte County Air Quality Management District. CEQA Air Quality Handbook, Guidelines for Assessing Air Quality Impacts for Project Subject to CEQA Review. January 2008. ■ Butte County Department of Development Services - Planning Division ■ ■ Initial Study for Durham House: Zoning Code Amendment ZCA07-0002 (Fuhring) ■ ■ Bed and Breakfast Home and Wedding Facility ■ Page 25 of 26 ■ FROM • FAX NO. :5303423621 Ma 19 2008 03:45PM P2 Durhm Ho= Zing Cc& nmendmcm ZC:A 07-0002 (Fuhriag) 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X) LAFCo [ ] BCAG (.] ALUC [ ] City of Biggs [ ] Air QuN. Management Dist. ( ] City of Chico [ J Town of Pamdise (J City of Gridlcy [ ] City of Oroville [ ] Central Reg. Water Quality [X] CA Deparvnent of Forestry [ j CalTrans (Traffic) [ J Highway Patrol [ ] Department of Consavadon [ ] CA Dept. of Fish and Game [X] Agricultural Caemissioner [ ] Arany Corps of Eagimets [ ] US Fish & Wldlife Sc rvin [X] Fea w River Rec. di: Park [) Buttc Co. Farm Bureau [ ] Orovillc Union School Dist [ ] LOAPUD [ ] El Medio Fire Dept. [ ] OWID [ j Chico Unifrod School Dist. [ j PG&E (X) Assessor [ J Thermalito Irripetion Dist [ ] 7hmnalito Union Sebool [X] Building Manager Dist. 8.0 PROTECT SPONSOR(S) AGREEMENT OF TSE INITIAL STUDY AND NEGATIVE DECLARATION: Me have reviewed the Initial Study and Negative Declaration. for the Zoning Code Amendment for James Fiffiring, on APN. 040-630-013, Planning Division Me 4ZC407- S � 7- S�I Da -5—// 1 DaSe ■ Butte County DepaQtmwt of Devclopment Servims — Planning Division ■ ■ Initial Study for Dudrn Hoare: Zoning Code Amendment ZCA07-0002 (F uhrhrg) a ■ Bcd and Breakfast Home and Wedding Facility • pop 26 of 26 • FROM •FAX NO. :5303423621 May& 2008 03:46PM P3 May 19, 2008 To Whom it may concern, It is and always will be our intent to preserve and protect the historic significance of our home also known as The Durham House. We hope to share the experience of living and preserving a historic home with our guests should we be allowed to become a Bed and Breakfast Inn. Sincerely 1 1, Nay 27 08 11:47a CALIFORNIA �� i�511'G'MC • • Craig Carter 530-896-0644 p.2 State of Callfomia - The Resources AoenQt ARNOLD SCHWARZENEGGER Govemor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 CEQA Filing Fee No Effect Determination Form Date Submitted: May 21, 2008. Applicant Name: James and Cheryl Fuhring Applicant Address: 2280 Durham -Dayton Highway, Durham, CA 95938 Project Name: Durham House Zoning Code Amendment CEQA Lead Agency: Butte County Department of Development Services C:EQA (Document Type: Negative Declaration SCH Number and/or Local agency ID number: ZCA07-0002 L r COUNT ?4 MAY 2 7 2000 (DEVELOPMENT a� SERVICES , Project Location: The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). Brief Project Description: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of die structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. This initial study evaluates the project specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Codc Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway. The parking area contains approximately four or five space's. Tho quantity of parking spaces is sutiicient to meet the requirements of Butte County Code Section 24-240 (Parking regulations), as they apply to a bed and breakfast home_ A parking area is also located at the rear of the parcel and is maintained for the owners' use. Conser%4ng CaCfornia's WiCdf fe ,Since 1870 P,atj 27 08 11:48a Craig Carter 0 530-836-0644 p.3 Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game�Code Section 711.4(c)(3). Issued By: Title: 6 , A I MY 0— �Z L't 0 \.7 Owner Owner _add Citystzip ARVONEN DAVIN M & AMY L PO BOX 845 DURHAM CA 95938 BROWN ROGER W & LAURA L 9490 VAN NESS WAY DURHAM CA 95938 BUTTE COUNTY ALMOND HULL ASSN P O BOX 417 DURHAM CA 95938 CHING BRENT D & KRISTEN D 9462 VAN NESS WY DURHAM CA 95938 COOPER GARRY & STACY P O BOX 784 DURHAM CA 95938 CROSBY REV IV TRUST 9444 VAN NESS WAY DURHAM CA 95938 DUBOSE ROBERT J P O BOX 53 DURHAM CA 95938 DUBOSE ROBERT J ETAL 2361 DURHAM DAYTON HWY DURHAM CA 95938 DURHAM GREEN HOMEOWNERS ASSOC INC DURHAM PUMP INC 426 BROADWAY STE 205 P O BOX 60 CHICO CA 95928 DURHAM CA 95938 FUHRING JAMES W & CHERYL E 2280 DURHAM DAYTON HWY DURHAM CA 95938 GALBRAITH STEWART P & LYNNETTE L P O BOX 1194 DURHAM CA 95938 HUNT JEFFREY & TRACI REVOCABLE LIVING TRUST 9456 VAN NESS WAY DURHAM CA 95938 KEENEY MORRIS B 2243 DURHAM DAYTON HWY DURHAM CA 95938 KEENEY MORRIS BUD ETAL 2243 DURHAM DAYTON HWY DURHAM CA 95938 KONYN PETER J & ALICE C FAMILY TRUST 2212 DURHAM DAYTON HWY DURHAM CA 95938 LORENZ GERALD & DENISE 9456 JONES AVENUE DURHAM CA 95938 MARRS MICHAEL V & KELLIE J 9434 VAN NESS WAY DURHAM CA 95938 MCKENNA JAMES P & TERRI LYNN 9466 VAN NESS WAY DURHAM CA 95938 MCLAUGHLIN EDWARD C & DEBRA L 2555 DURHAM DAYTON HWY DURHAM CA 95938 MILLER ANDREW B & MELISSA B 9452 VAN NESS WAY DURHAM CA 95938 MILLER BRUCE & SUSAN RABO 9451 JONES AVE DURHAM CA 95938 MONNINGER JAMES R & KERRI LACROIX 9422 VAN NESS DURHAM CA 95938 RABO MICHAEL S AND JANE S TRUST 9535 JONES AVE DURHAM CA 95938 RILEY MICHAEL & NORMA 9410 VAN NESS WAY DURHAM CA 95938 RING BRIAN C 9470 VAN NESS WY DURHAM CA 95938 SAFFORD BEESON TRUST P O BOX 237 DURHAM CA 95938 VERNOGA STEPHEN TESTAMENTARY TRUST 9632 MCANARLIN AVE DURHAM CA 95938 WILL REVOCABLE INTER VIVOS TRUST 9494 JONES AVE DURHAM CA 95938 ZWALD WALTER A JR & CYNTHIA 9480 VAN NESS WAY DURHAM CA 95938 Butte County GOtment of Del00 Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 10, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: FUHRING, JAMES, ZCA07-0002 Planner: Chris Tolley APN: 040-630-013 Location: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The amendment will apply to lot one. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). 30 -Day Complete 8/9/07 Date of IDR 7/25/07 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 17/25/ 7 Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: ctolleyna,buttecounty.net Signature: Department: Date: K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 00 �J Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.neVdds ADMINISTRATION * BUILDING * PLANNING July. 10, 2007 TO: (Department) FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: FUHRING, JAMES, ZCA07-0002 APN: 040-630-013 DATE OF Inter -Departmental Review: 7/25/07 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 7/23/07 AGENCY/DEPARTMENT CONDITIONSIMITIGATION MEASURES DUE BY: 8/9/07 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the .completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/25/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The amendment will apply to lot one. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: PUD (Planned Unit Development) GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Tolley at 538-7603 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTS\Trakit Merge DocumentA\REQUEST FOR COMMENTS.doc FROM FAX NO. :5303423621 1] RECORDING REQUESTED BY: The He,^j.� escrow Company AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENT TO: James W. Fuhring and Cheryl E. Fuhring 2280 Durham Dayton Hwy Durham, CA 95938 Order No. 75351221 Escrow No. 107 -12361 -MMM Parcel No. 040-830-013-000 Jul. 11 2007 03:37PM P1 S05-0068192 Recorded I AEC FEE 18.M Official Awards I CoB a°¢ CREAM J. times I Ctwltty Clerk*ecatderl . l I IV 81211ON 09•ttlotr-m 1 Aige 1 of 2 SPACE ABOVE oil III oil 11111IHI1N11111111111 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS S and CITY $ corn uted on:fiA value of P prffperty conveyed, or . ._......_.._..—_... .. .... ... __ .--- ---- ;-- computed on full value less liens or encumbrances remaining at the time of sale. IL unincorporated area: Durham, and 11 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. James. Fuhring and Cheryl Fuhring, Husband And Wife As Community Property with the Right of Survivorship hereby GRANTS to James W: Fuhring and Cheryl E. Fuhring, Husband And Wife As Community Proporty with the Right of Survivorship the following described real property in the County of Butte, State of California: PARCEL 1: LOT 13, AS SHOWN ON THAT CERTAIN'MAP ENTITLED, "DURHAM GREEN PLANNED UNIT OEVELOPMENT-PHASE 2 AND LOT' LINE ADJUSTMENT p}WHICH MAP WAS RECORDED IN THE OFFICE OF THE REOCRDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON FEBRUARY 12, 1999, IN BOOK 148 OF MAPS, AT PAGE(S) 89, 67 AND 68. (More particularly described in Exhibit "A" attached hereto and made a part hereof.) Date October 27, 2005 B WER'S S7GATURE: J ruhrin Cheryl F ing STATE OF CALIFORNIA } ) S.S. COUNTY OF On &- 1, QST before meda cures Lc. ' K, A15 c -r Notary Public in and foLrield County and State, personally appeared G �►a ,a (or proveWto me on the basis of satisfactory evidence) to be the person(6) whose name(s) re/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/their authorized capacity(ies), and that by. hislher/their signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha . and officia eal. Signature .LAMES LAMAR KINSER COMM. tf 1377185 r NOTARY PUBLIC . CAUFORNIA� • BUT TE COUNTY My Comm. Expires Sept. 28.2006 "DRAFT" LEAD IN SHEET PROJECT NUMBER - APPLICANT: Od0 "Z-- AP#(s): (� 63'0-.0 i3 APPLICANT: OWNER(S): REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL LOCATION: (by project -planner) WANJUMIN EXISTING ZONING. GENERAL PLAN DESIGNATION: l= S SUPERVISORIAL DISTRICT #: SIZE: DATE RECEIVED, "_ (4 _ 6 q_ )� COUNTER PLANNER'S INITIALS: � ProieetAssigned: IDR Date: 30 Da Com Tete: Tentative Hearin Date: COMMENT DISTRIBUTION LIST Number: OOH Project County Offices and Cities: Planning Division X Assessor's Office - Mapping — _ X Environmental Health — City of Biggs — Building Manager — City of Chico City of Gridley — X LAFCo — X Agricultural Commission — City of — dise Town of Para— of X Public Works/Land Dev — X County Counsel Fire Protection: me BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer X California Department of Forestry — El Medio Fire Protection District Domestic Water: Butte Water District — Del Oro Water Co. _ S.F.W & P. Agency (OWID) — Other California Water Service Co. — Thermalito irrigation District Utilities: _ PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs / West Gridley Water R.ichvale Irrigation Dist Sewer: _ Pacific Bell Viacom Cable TV _ Durham Irrigation Dist. Table Mountain Irrigation Dist. L.O.A.P.U.D. — Sterling City Sewer Main Drainage Districts: Sacramento & San Joaquin Drainage Dist — Drainage District 200 — Reclamation District No. 2056 — State Agencies: CalTrans — Dept. of Water Resources Federal Agencies: U.S. Forest Service Other Districts, Agencies, Committees, etc.: Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 Dept. of Fish and Game U.S. Bureau of Land Management • ORDINANCE NO. 3374 i AN ORDINANCE AMENDING ORDINANCE N PORTION OF THE COUNTY OF BUTTE, STATE 2995 OFC ZONING A A PUD (PLANNED UNIT DEVELOPMENT ALIFORNIA, 1 TO SECTION 24-25.40. )DISTRICT, PURSUANT 2 The Board of Supervisors of the County of Butt3 Butte under and pursuant to Section 24-25.40 of thee, State of California, County Code of said County, 4 ORDAINS, as follows: 5 g Butte, State SECTION 1. The hereinafter described area situate in the County of be and it is hereby zoned as a PUD (Planned Unit Development) District; and such area shall be Subject 1 t to the restrictions and o restricted uses and regulations Pursuant t pursButte 9 County Code Section 24-210. 10 Said area so zoned being located in the unincorporated area 11 County,ea of Butte Chico, more particularly described as follows: 12 All that certain realro e 13 P P rtY situate in the State of California, County Of Butte, described as follows: "-` 14 Parcels 1 and 2, as shown on that certain Parcel Ma Office of the Recorder of the CountyP, recorded in the 15 August 6, 1990, in Book 119 of Mas at Pagest90 a f California, on 1s and 91. 17 SECTION 2. The use and development of said grope shall be in accord with the development pan I � zoned "PUD" 18 submitted by the applicant, as 19 conditioned and incorporated herein by reference. Conditions of approval are as 20 shown on a memo to the Board of Supervisors October 28 1997. Said conditioned 21 development plan collectively consists of the followin documents: uments: 22 (a) Development Plan (showing the location of lots s ?3 footprints, and other major features of the ro'ec t). streets, structure ,4 P 1 :S (b) Sanitary sewage disposal area. ©Grading and drainage plan. g u s � 1 SECTION 3. Notwithstanding the provisions of Chapter. 24-210 of the 2 Butte County Code the following provisions shall govern the use and development 3 of saidro e P P rty: 4 (a) Lots 1-13 as shown on the development plan shall be limited to 5 s uses and activities identified with Section 24-135 (A) & (B) of the Butte County - Code. 8 (b) All uses and activities with the development shall be subject to 9 Section 24-240 of the Butte County Code parking regulations. 10 SECTION 4. In the event the lots are offered for sale, the developer it shall establish a property owner's association to be responsible for the maintenance and'upkeep-of-the­Utilities, roads; landscaping, and all other property owned in 13 14 common. The- developer shall assume responsibility for the unsold, remaining 15 memberships until such time as the property owner's association can reasonably 1s assume the.financial responsibilities for the maintenance and upkeep of the utilities, 17 roads, and all other real property owned in common. To ensure that the property . 18 owner's association is adequately formed to meet these responsibilities, the 19 developer shall submit copies. of said homeowners association agreement to the 20. Butte County Planning Department for review and approval prior to the recordation 21 ! of any subsequent map authorizing the sale of any real property in conjunction with 22 23 this development. 24 SECTION 5. This Ordinance shall be and it is hereby declared to be 25 in full force and effect from and after thirty (30) days after the date of its passage, 26 and before the expiration of fifteen (15) days after its passage, this R Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 9th day of December , 1997, by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis NOES: None ABSENT: None NOT VOTING: None FRED C. DAVIS, CHAIRMAN Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative .. . Officer and Clerk of the Board 19 20 21 22 23 24 28 26 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 20, 2008 James & Cheryl Fuhring 2280 Durham -Dayton Hwy Durham, CA 95938 Re: Zoning Code Amendment - ZCA07-0002, APN 040-630-013 Dear Mr. and Mrs. Fuhring: At the regular meeting of the Butte County Board of Supervisors held August 19, 2008, for ZCA07- 0002 on property zoned PUD(Planned Unit Development) and located at 2280 Durham -Dayton Highway in Durham, was adopted which allows a bed & breakfast home as a permitted use and a wedding facility as a conditionally permitted use (would need an approved use permit). PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit, it may be applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. Should you have any questions regarding this matter, please contact me at (530) 538-7376 at the Planning Division between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, `"14 70, Mark Michelena Senior Planner OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Smitt July 15 2008 From G, / /7f. -P Department Reid Signature Contact Person: _Stacey Jolliffe Department: DDS -Planning Phone Number: 6821 Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED _X Other. Briefly explain the assistance requested: Review legal aspects of the attached a enda reports for August 19, 2008, Board of Supervisors meeting_ PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. Zoning Code Amendment ZCA07-0002 (Fuhring) High _X_ Moderate Indicate due date when high priority Comments: Low Comments should be received no later than day, July 28, 2008 Has this been previously reviewed/or ongoing by County Counsel? 0 Yes ❑X No If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attomey Assigned: Log Out Date:_ Revised 3/06 ��C OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitted: 5/30/08 From: ' DeJQ&dWe1ft Head Signature Contact Person: Stacey Jolliffe Department: DDS -Planning Phone Number: 6572 Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED X Other. Briefly explain the assistance requested: Review legal aspects of the attached agenda --reports for June 12, 2008, Planning Commission meeting_ PRIORITIZATION Indicate the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. 1. Extension of Use Permit 04N-24(Oswood) M. Michelena 2. TPM07-0013 (Romaguera) C,. Tolley Continued from 4/10/08 3.—ZCA07=0002;(Fuh-ring)=Ma Michelena 4. PCLE07-0001 (Kirshner) C. Tolley/Chuck 5. UP07-0006 (Kirshner) C. Tolley/Chuck High _X_ Moderate Indicate due date when high priority Low Comments: Comments should be received no later than Wednesday 06/04/08 to be incorporated into packets for the 06/12/08 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes ❑ No (See Above) If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attorney Assigned: Log Out Date: Revised 3/06 BUTTE REGIONAL HCP/NCCP WILDLIFE AGENCY REFERRAL FORM REFERRED TO: RIUSFWS - CDFG ®NOAA Fisheries REFERRING AGENCY INFORMATION Jurisdiction/Agency: Nk, CQLIg!! A- Department: Plapii inq Aws(Qyj Project Manager: I I G«�L- 1� l C �1�� �[� a, Phone #: (5 3G) E-mail: mal I ch eJoi tg hg-fte CoLnEt 8I Gf PROJECT APPLICATION INFORMATION File Number ZliA 0 -7-000d., Filing Date: S / A 3 / OP Application Type ZOAinq UAQ- f-_ WffieA-I Previous Applications Initial CEQA: 7 ND r—] MND F] EIR ❑ Not Specified Project Description: 5ev_ 1 V\-�-�;,.Od S {„A y PARCEL/PROJECT LOCATION Address of Property: 2,) 60 Ourkam - O(, g4-dv\ [4tu y APN: 00__j50- US II (List add'1 APNs in Project Description) Owner Name: Jame- C� 1 Ful�� tatg Applicant Name S'aAntL_ Project Parcel Size (Acres): l s Project Footprint Size (Acres): 4, 000 S ENVIRONMENTAL INFORMATION Criteria Set (from instructions page) that was met (A� or C). If `B', describe which of the six criteria was met under #2: _,'� R"o I e CS _ ocf, ,' r s a i a Cr A4-- +,.� L_h a,,,, . Landcover type(s) present and Listed/Covered species present (if known): Other Biological Data (if relevant) ASSOCIATED INFORMATION MAPS 3(xI, -�V SuS . Site Plan Enclosed? M YES F] NO Location and Aerial photo maps enclosed? n YES F-1 NO t N L i nMp W E ocat o a S Blossom Ln Garde Rd Q �0 a� ° E Q •� Cummings Ln cD c 0- C3 9 or'E u o E ea, n Project Location R 1 < t . CD Z Vista L } CD J N Durha -Dayton Hwy L L Trac Ranh S abe orrill Ln ` ura Ln c� o ai r _. � O O Ha6lon R w w N Landcover Map W -*E S . .• . . .• . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . �* . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project S Ite . . . . . . . . . . . rb LA Project S Ite . . . . . . . . . . . - . . . . . . �%-.#.,rc, h,a"* A /Vi h:O y'a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . rb - . . . . . . �%-.#.,rc, h,a"* A /Vi h:O y'a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ',� '.., � •�.' II{III( 1 + �I r: 1 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buffecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING August 3, 2007 James Fuhring 2280 Durham Dayton Highway Durham, CA 95938 Re: Application Complete — ZCA07-0002, APN 040-630-013 Dear Mr. Fuhring: The Department of Development Services and other responsible agencies have preliminarily reviewed the above referenced project, and determined that the application and project are "complete." This determination was made on July 25, 2007 Should you have any further questions regarding this matter, I can be reached between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, at (530) 538-7601, or via e-mail at ctolley@buttecounty.net. ZSiere , Chris Tolley Associate Planner IBUTTE COUNTY AUG 2 12008 DEVELOPMENT SERVICES August 15, 2008 Mark Michelena Butte County Planning Commission 7 County Center Drive, Oroville CA 95965 Dear Mr. Michelena: I am writing about the parcel located at 2280 Durham -Dayton Highway, in Durham. The project name is ZCA07- 0002 for James and Cheryl Fuhring. Since you are concerned about negative impacts of a plan to place the property in a zone allowing for weddings I want to make you aware of one. My property consists of approximately ten acres of walnuts surrounding my home which is located on the same side of the street as the Fuhring property. There is a small development between us. I have lived at this location for over 40 years. I have seen a huge increase in traffic on the Durham -Dayton Highway. Several people ha$1,died in accidents right in front of my home. It is the main access to a good portion of Durham's residents, our local schools and businesses,the park, Butte College, commercial property and the freeway. Although it may appear to be a good location, there is no real parking to accommodate the large numbers associated with weddings and no turn lane. There will be many more fatalities associated with this change to the property's zone as alcohol will become a factor which can not be controlled. No real designated parking area, no turn lanes on the approach in either direction, no lighting etc. We need to ensure the safety of all. Please consider my concerns when you evaluate fully the idea of changing this property. A well planned community is an asset. L:)14,7 4Q ,,, t FROM FAX NO. :5303423621 Ma 28 2008 04:18PM P2 Butte County Department of Development Services Building .Division 7 County Center Drive Oroville, CA 94965 590.596.7541 Phone tnrww.buttecottnty.net/dds 530.5382140 Fax REFUND REQUEST APPLICATION Butte County code 3.41(d) Refund volley. The Building Official shall not authoAse the n0undhmg of any file paid except upon W(tert appftopn !fled ay tae person ertgUl w paying the ire. T" atrmaeng lfflWal shall deduct ag 0wWopnent Servkn Deparhrrent casts prior to auWad* g any Aftnd and allwit ehalge ono hour at tae bUildl g dlviston standard soupy /ata to pracew the nefond appNeaslon and reWww a nil related m application. file eel -up. and file archiving fees. Refunds may be proosseed esfollows: The Building Official may authorize the refunding or. (1) any tee paid which was erroneously paid or collected (Refund proeesstng tee not required). (2) permit feat and Cite plan cheokina fee when the appllcatlpn for a permit Is wt Mmwn or c~ed before any plan cne*ft is done. (s) the pemmlt fees polo prior to me etpratlon oft a panni! providing no work has been done pursuant to the permit. (4) the permit fees paid prior to the aepirafion of cite permit application. Ifthe permll requested Is not issued, but net altar 180 days frau the date of No payment. (5) The Bmildmg Official shall not authorize the refunding of airy fivg $am nix any plan checking tees, for work plan chocked. htt :llmuni�i aICOQ2S.il:X7SnEXiS.�O �'?.'G.:dGs�~;:`.t vr1( INSTRUCTIONS: Submit this application to Development Services for determination of refundable fees. A claim will be generated for any fees to be refunded and sent to the address below for signature (by the person whose name in on the and return to Development Services for payment pTocy4sing. CLAIMANT'S NAME: ahl tt.hr-r'r� 0,a 910 bl J hn'i,,t ADDRESS pncludo Clty/8t0p) (6 0 ) 35gx 3�1 ) - PHONE(S): ujJ-f4h,trt , r`Orsi E-MAIL: ASSESSOR'S PARCEL NO.: D - O Ll (Please, vile one claim form per permit.] BLDG PERMIT NO.: " .^.. Receipt No. r Receipt No. 2 Recti t No. 3 RECEIPT NO.: — _ _ _ 0-7/ W b s l l l l RECEIPT DATE: p O RECEIPT AMOUNT: REASON FOR REFUND REQUEST: of -l' lyl a.t.lae. Cine. -ale o Jf/ 900 , 150 Nota: This refund form Is tot fops paid and rocelptod at the Me of applicatlonassuaneo for a twYding permit This may Involve fast Devebpnent Semlree tut collected for oftW departments such as Fire. Agriculture, land Development and Environmental Haft or collectle of County We, Impact fees. W the event Dile► rdeaertment teen were paid etppg w$!r bulldMrg VnrrR fires. Develop mattt Services will check with time daparMrerts to determine B any 6100 fees paid to them an refun i aWs. 7Ms dm naa bwhadle fres pard dbvWy b other drpatbnww, nil parks and reavadon or school fees. If you aid other fees and were Rued recelple otferthan tnm Developnettl Swvkar, ptesse check lith them for refund Information. Building Plans for cancelled permits will be disposed of within 10 working days upon submission of a Request for Refund. If you want the plans, you may pick them up prior to that time. Signature I ui►ed of the indi ' l who originally paid fees or authorized representative of the business that paid fees. Qv-5-le?lf /.D.? Slgn*Wre Date K/Formsoeffind Applicedon 12608 100 day cWcuistor from date of recalpt 1s: NVALUE1 IT13 zMay ;�7 08 11:47a Craig Carter 530-896-0644 p.2 State of California - The Rees Aaencv ARNOLDAWARZENEGGER Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov _ Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 CEQA Filing Fee No Effect Determination Form Date Submitted: May 21, 2008 Applicant Name: James and Cheryl Fuhring Applicant Address: 2280 Durham -Dayton Highway, Durham, CA 95938 Project Name: Durham House Zoning Code Amendment CEQA Lead Agency: Butte County Department of Development Services CEQA Document Type: Negative Declaration SCH Number and/or Local agency ID number: ZCA07-0002 Project Location: The parcel is located at 2280 Durham -Dayton Iiighway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). Brief Project Description: This is an application for a Zoning Code Amendment to modify a previously approved Planned Unit Development (PUD) for parcel 040-630-013 which includes the W.W. Durham House, a historical building. The modified PUD would add "bed and breakfast home" as a permitted use and "wedding facility" as a use permitted with a use permit on the parcel, provided the proposed uses and any construction will not impact the status of the structure as a State listed building of historical significance, as documented by a historical professional qualified to evaluate the site and proposed modifications. The project does not propose any building or site development activity. This initial study evaluates the programmatic effects of establishing a wedding facility on site; that use would require a use permit and associated environmental review, which are not a part of zoning code amendment application. This initial study evaluates the project -specific effects of establishing a bed and breakfast home on the subject site, which with approval of Zoning Codc Amendment ZCA07-0002 could be established without subsequent discretionary permits or additional environmental review. As a bed and breakfast home, it is proposed that the existing home's appearance will be maintained as a single family residence. Three bedrooms are located upstairs and are proposed to be used as guest rooms. An existing parking area is located near the house and is served by an existing driveway_ The parking area contains approximately four or five spaces. The; qumtity of parking spaces is sufficient to meet the requirements of Butte County Code Section 24-240 (Parking regulations), as they apply to a bed and breakfast home_ A parking area is also located at the rear of the parcel and is maintained for the owners' use. Conserving Cartfom a's fl4fif afe Since 1870 May 817 08 11:48a Craig Carter 530-896-0644 p.3 Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). Issued By: Title: r FROM FAX NO. :5303423621 M 28 2008 04:18PM P1 /� e6ioL, 17-2,4'a FROM : ® FAX NO. :5303423621 4 19 2008 03:46PM P3 May 1-9, 2008 To Whom it may concern, It is and always will be our intent to preserve and protect the historic significance of our home also known as The Durham House. We hope to share the experience of living and preserving a historic home with our guests should we be allowed to become a Bed and Breakfast Inn. Sincerely I , 0 PROJECT COORDINATION FORM DATE of IDR: , -r� AVcj 2 PLANNER: PROJ. NAME: ZC-p t-� TYPE: APN: DEPARTMENT PLANNING COMMENTS READY FOR HEARING? PUBLIC WORKS t` 0 cc v"/V\e- - i ENVIRONMENTAL HEALTH klb) �r--�JS COUNTY COUNSEL AG. A -G- A6itC-r S BUILDING J:::� ASSESSOR FIRE � � � l '�Z�S ? K:\Planning\IDR Agenda\2006 IDR Agendas\PROJECT COORDINATION FORM.doc PROJECT COORDINATION FORM DATE of IDR: July 25, 2007 PLANNER: Chris Tolley PROJ. NAME: Fuhreng, James & Cheryl PROJ. NUMBER: ZCA07-0002 TYPE: Completeness of Application Evaluation APN: 040-630-013 DEPARTMENT COMMENTS 1 READY FOR HEARING? PLANNING_ - CCX /S do of fly .4o W, �,���v�► �c� PUBLIC WORKS ffo C0Mj7'l(9w-k ENVIRONMENTAL HEALTH COUNTY COUNSEL wGN1s BUILDING cC � d?sf, Gu m�^wwrh. ASSESSOR FIRE FAPlanning\ADMINISTRATION\IDR Agenda\2007 IDR Agendas\PROJECT COORDINATION FORM.doc claw rll� Butte County Deptment of Development • Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 25, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: FUHRING, JAMES, ZCA07-0002 Planner: Chris Tolley APN: 040-630-013 Location: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The amendment will apply to lot one. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). 30 -Day Complete 8/9/07 Date of IDR 7/25/07 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The. purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on Do you find this application complete? ❑ NO. Please respond prior to .or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? ® YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. No Comments PLEASE SEND YOUR RESPONSE TO: ctolley@buttecounty.net Signature: E. Schroth Department: Public Works Date: 7/18/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Tolley, Chris From: Loushine, Tom Sent: Tuesday, July 17, 2007 2`46 PM To: Tolley, Chris Subject: ZCA07-0002, APN 040-630-013 Fuhring, Request of Comments on a Development/Land Use Application Hi Chris The above indicated application has been reviewed and found to be complete. Tom Loushine, REHS Division of Environmental Health 530.891.2727 Fax 530.895.6512 Butte County Deltment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 25, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: FURRING, JAMES, ZCA07-0002 Planner: Chris Tolley APN: 040-630-013 Location: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be used as a Bed and Breakfast Inn. The amendment will apply to lot one. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05.mile west of the Van Ness Way and Durham -Dayton Highway intersection). 30 -Day Complete 8/9/07 Date of IDR 7/25/07 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 7/25 07. Do you find this application complete? ❑ NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? X YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than I week after the meeting. Standard Conditions are attached for your convenience. PLEASE SEND YOUR RESPONSE TO: ctolleyna buttecounty.net Signature: Darren Read Date: 7/11/07 K:/Planning/Projects/A New File/]])R Memos/IDR Completeness 8/30/05 Department: CDF • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING LAFC O. July 10, 2007 JUL 1:1.2007 Fro. -A . LAFCo OROVILLE, CA .0 Chris Tolley Butte County Planning -Division. SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: FUHRING, JAMES, ZCA07-0002 APN: 040-630-013 DATE OF Inter -Departmental Review: 7/25/07 -ram=_, IDR RESPONSE REGARDING eotfpffy COMPLETENESS OF APPLICATION DUE BY: 7/23/07 JUL 16 AGENCY/DEPARTMENT ID)EVEL01 a, CONDITIONS/MITIGATION MEASURES DUE BY: 8/9/07 SERVIC_ `, -, The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/25/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is proposing a zoning code amendment to a previously approved Planned Unit Development (original Ordinance: 3374) to allow an approximately 4,000 square foot structure to be ' used as a Bed and Breakfast Inn. The amendment will apply to lot one. The parcel is located at 2280 Durham -Dayton Highway in Durham (approximately 0.05 mile west of the Van Ness Way and Durham -Dayton Highway intersection). COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: PUD (Planned Unit Development) GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Chris Tolley at 538-7603 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: Yes Name: S . 13 4 -{}-s Date: �, r z GAPROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc c) LAFC,v' co,ncdhs or cavo,, .cv\+s 9/30/2008 Butte County Department of Development Services 3:57 PM Pre -Bill Worksheet ZCA07-0002:James & Cheryl Fuhring (continued) Total of Costs (E)pense Charges) Total new charges Accounts Receivables Page 6 DatelID Type Description 7/6/2007 CRED Credit -Billable Project; Receipt #P558, CW 9153 5723 $50.00 7/6/2007 INV Invoice-NOD/NOE Recording Fee 5724 ($1,800.00) 7/6/2007 PAY Payment-NOD/NOE Recording Fee- Receipt #P558 5725 ($4,984.00) DEPOSITED TO PLANNING FUND. NEEDS TRANSFERRED TO RECORDERS FUND 7/6/2007 INV Invoice-F&G Fees 5727 7/6/2007 PAY Payment-F&G Fees- Receipt #P558 5728 NEEDS REFUNDED TO APPLICANT 7/6/2007 PAY Payment -Publishing Fee (PrePay) TBD- Receipt #P558 5729 Total Accounts Receivable New Balance Current Unapplied Total New Balance Amount to replenish account to $4,833.00 iLQ�2ci.� 1J'►.arr�•C�-tet i�,u,�•.o� -SD,od Igo°•00 P1� l P� Pd y g3 3.0 0 $oo.00 6 G633•o0 0o P ISt 0C i�'Go•ls 00 $4,833.00 alu 6sy4. IS 6�8y. oo P� 6o•IS $1,860.15 Page 6 Amount Total $200.88 $6,844.15 ($4,833.00) $50.00 ($50.00) $1,800.00 ($1,800.00) ($151.00) ($4,984.00) $4,833.00 alu 6sy4. IS 6�8y. oo P� 6o•IS $1,860.15 i SJTTE COUNTY RECEI* 7 County Center Drive Oroville, CA 95965 Receipt Number: P558 Permit Number: ZCA07-0002 Job Address: 2280 DURHAM DAYTON HWY Applicant: James Fuhring 0 Fee Description Account Number Printed: 9/30/2008 3:08 pm Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 ✓ $1,800.00 DP Publishing/Legal Notices 0010-440001-4210900-10101 ✓ $151.00 EH Zoning Ordinance Amendment 0021-540013-4614901-1010(. $437.00 DP Zoning Ordinance Amendment 0010-440001-4210900-10101 ✓ $4,915.50 Total Fees Paid: $7,303.50 Date Paid: 7/6/2007 Paid By: MIRING, JAMES Pay Method: Check 9153 Received By: CP 3� so +v Ara— /g00—+, 1go0'+oG- y9I5. sG 0 6 -�/ 5 r �C, tq s 33.00 - r 17- C) oAK i 0 vAr! �� IsooCn' Ph R U vrraM�� okAwa C 0 PAL rli PALM U –� 0 m m�s� L}�° N•iAtN �JJ p mr��n�oLtA A V AcA J6 - CJ vRAr�c_L' [) Ike_ (.)AL l 0 Pw_ s i rf rrlr,r!) ��. Lo A�q ,1' -Ames Fu- b2r� aa�O OukhA�n- Nyl:,,, 11w Y pr-- 0110- (0s0 -013-C)00 d PerzSrrnmorj 0 nf1S< o aK dtA Lro j -r DuRhrim- .LRYToN 14LUY — BUTTE COUNTY )UL. - 6 2007 DEVELOPMENT SERVICES �f The W.W. Durham House 1874 BUTTE .COUNTY JUL - 6 2007 DEVELOPMENT SERVICES 0, a The W.W. Durham House 1874 BUTTE .COUNTY JUL - 6 2007 DEVELOPMENT SERVICES 0, a • SaXAaa- S �td3WlTO'laAa(j ' LOOZ 9 - lnr AMli NaI),�j n� .LPcu7VM NT 0 �Il•J v O (vvwuw/5zad Q 00 c)-4'/p-oc� -O�o -9'd �enjj (d%Aa-wv(on0 OSt e sawUl' C"Qu-u'5Ovd O JI•a � ry v �y � p V170CV')Uuj O r� NItl�N �-�7 WIE/cl (1 ] 7NU O i i of -LUd I I 1 an(vb;aq ---,? p i.� UJ 0 Iwd First Floor Second Floor The W.W. Durham House 1874 BUTTE COUNTY JUL - 6 2007 DEVELOPMENT SERVICES