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GPA/RZ 03-03_PLANNING
N� 9 I � I�� ��� �NN � I��NIINNN SEPARATOR SHEET aoN (73l — 2 7 S — 005 PROJECT NUMBER � Pfl /Rz D3 — 03 PROJECT SUMMARY SHEET FILE#: GPA/RZ 03-03 PROJECT TYPE: General Plan Amendment and Rezone APPLICANT: Steve Seidenglanz, Villa D'Oro Properties,LLC ADDRESS: 1416 12th Street,Oroville,CA 95965 OWNER: Same ADDRESS: REPRESENTATIVE: Michael Evans,Evans Fun Works - ADDRESS: 1 Nice Place,Oroville,CA 95966 PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential)to L--q-( i & 1) PROPERTY ZONED: A-R (Agricultural Residential) �-��2 C�=������- � ��`7�`✓�`�. �.f$� LOCATED: at the northeast corner of 12th Street and Feather Avenue Thermalito area. AP#: 031-275-005 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: Low Density Residential 1. Application accepted: 6/25/03 Amount: $ 3,516.00 Receipt#: 21247 2. Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Air Quality Mgmt., Agricultural Commission,California Department of Forestry 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: •6. Assigned To: Craig Sanders 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex. -CEQA# 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes 1"� No Date Sent to SCH: 7h;1//0C/ 10. Publication Notice Written: &7 Ar l5 Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12. Newspaper Publication Date: ( CC P G - B 13. Planning Commission Hearing(s): Action taken: �� r""WWI Special Conditions: 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: nce No: Adopted: 15. Type Rezone/Send for signature: 16.' N.O.E./APPENDIX G: Fish&Game Fees Paid: Yes No . 17. Send validated Rezone: 18. Assessor's Memo: 19. Copy of Rezone/Variance to Planning Technician: ,1 APPLICATION ACTIVITY LOG Applicant: Villa D' Oro Properties LLC Project Number: UP 04-15 APN: 031-275-005 hAction Person Contacted* Phone Date, (Use more than one line if necessary) Number* Time Spent, Spud (09 916-1 74U 4 *If applicable. Documentl 4 i Villa D' Oro Properties, LLC - General Plan Amendment/Rezone (GPA/RZ 03-03): General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R(Agricultural Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work facility(UP 04-15)has been submitted concurrently. APN 031- 275-005 (DB) Commissioner Evans stepped down from the dais at this time. This item was continued open from August 26, 2004. Dan Breedon explained that this application was continued from the August 26, 2004, Planning Commission meeting because the applicant proposed some changes that are now reflected in the Agenda Report and Initial Study. He briefly went over the changes that staff agreed to with the applicant as a result of the continuance from the last hearing, and said that it was not believed that the changes were extensive enough to warrant recirculation of the Initial Study, and staff is, therefore,recommending approval of the General Plan Amendment and Rezone, and the Mitigated Negative Declaration. Chairman Leland asked if the County decided that it was good to have live/work areas to engage in this kind of use, what other zones could accommodate these live/work areas. Mr. Breedon answered that staff is looking at this type of proposal as something unique in Butte County, and they went to other jurisdictions to find out how similar types of projects were handled. He said many of these types of artist's colonies do exist in different areas of California,and different jurisdictions have developed separate zoning ordinances and designations,sometimes in conjunction with a Use Permit, allowing these types of uses. He said staff could not find a designation in Butte County, other than what is currently being proposed, that would allow for this type of use. Chairman Leland questioned whether an artist could legally set up a residence in a warehouse in an Industrial zone. Mr. Breedon replied that there are provisions in the Industrial zone to allow for caretaker's residences,but not for artist live/work type of arrangements which would create various problems and issues that would need to be addressed. Commissioner Lambert asked if cultural/art studios are currently allowed in residential zones. Mr. Breedon said "no, they are not." Chairman Leland proposed that the Planning Commission consider what is making this project incompatible. He said the residential aspect of this project is more or less the same density as the existing area. He said what is being added is the welding, and the galleries, which is what is different about this proposal. The structure at the site is peculiar, he added, but if multi-family dwellings were allowed, that structure would be allowed in a residential area. He said the use that ■BUTTE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 9,2004■PAGE 16■ the County is concerned with is the visiting customers, the welding, and other industrial types of activities. He asked if glass-blowing would be allowed in one of the live/work units. Mr. Breedon answered that no open flames are permitted in a live/work unit, and to the extent that there is no open flame involved in glass-blowing, it would be allowed. Commissioner Lambert asked if the welding would be for metal artwork. Mr. Breedon replied"yes." Commissioner Lambert questioned the impact of this project on traffic, including parking for the residents. She said she could not separate the General Plan and the Zoning from the potential use that is being requested for this project, and the resulting density might make a difference on the amount of traffic impacting a residential area on those types of roads. Commissioner Nelson commented that approval of this proposal would not be setting a precedent. He said it is a unique building with a unique set of circumstances that has an interesting use,but a zone for such a project does not currently exist in the County. He said he could not foresee impacts on traffic, and due to the uniqueness of this proposal,these types of live/work arrangements would not suddenly be allowed all over the County,and it was up to the Commission to decide whether the County is willing to be open to this unique situation. Commissioner Lambert agreed that this situation is unique,but it sets a precedent,and she wanted to know how it would affect a residential area if this first such project is approved. She said she is not opposed to the project. Chairman Leland noted that it is appropriate to look at the impacts,because there are some things that are different. He said the project proposes twelve units, but one of those is a second unit. Mr. Breedon said the density is very similar to the overall gross density of the surrounding area. Commissioner Lambert asked what the density would be on the two acres of the project area,zoned Low Density Residential. Mr. Breedon answered about four dwelling units per acre. Commissioner Lambert noted that four dwelling units per acre would be 16 occupants if you figure four people per each dwelling, on two acres. Mr.Breedon said the number of persons per dwelling is calculated at about 2%2 persons per dwelling for Butte County. He said this situation is unique,however,as these units will be rented out to artists who will probably be single people, or husband and wife. You would probably not see the same amount of people in these units,he continued,as you would see in.an ordinary dwelling unit in Butte County. He said in regards to traffic, an analysis is performed based upon the number of trips per unit, and in these types of areas,we assume about 10 trips per dad for each unit. He explained that o BUTTE'COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 17■ staff also looks at surrounding roads to determine what the road3 are operating at, and the roads in the area of this project are operating at a relatively good level of service. He said the additional dwelling units proposed under this project will not significantly impact the level of service on the roads in the area. Commissioner Lambert asked how often the special events are being proposed,and will the studio be open to the public every day, seven days a week, and what will the hours of operation be. Mr.Breedon said the studio is not proposed to be open to the public every day. He said the studio is proposed to be open to the public during special events, whic-h would be required to secure an Administrative Permit for each special event proposed. He said this would give the County the ability to look at each proposed special event on an administrative basis, and approve or deny the activity. Commissioner Lambert said the project proposes indoor and outdoor galleries, but did not know whether people could drop in every day or just on special occasions. Mr. Breedon said the project is proposing that people would only drop in on special occasions. Chairman Leland said he wondered what the alternative uses for tris site are. He commented that the existing structure is incompatible right now and has no use at all. He said it would probably sit there and remain an eye-sore and a hazard to the neighborhood. He concluded because this situation is unique, the Commission can look at the proposed use more broadly than they ordinarily would. Yvonne Christopher said in response to the Chairman's comment,she had seen this facility two years ago, and it had not been maintained and was in a state of absolute disrepair. She said it was run down and attractive to vagrants,and she sees this proposal as more of a redevelopment project. She said it is not a matter of looking at a parcel of raw land and trying to determine if the proposed use is appropriate adjacent to residential property. This is an inherited site, she continued, that through history,finally reached a point of complete deterioration,and is now owned by a person with a vision of redevelopment. She said it cannot be expected,through redevelopment projects, for a person to come in and clear the site completely and build new houses because there happen to be houses next door. She agreed that the proposal is unique, and a broadness of thought should be used in considering it, and that is what staff has done. She concluded that staff is making something better out of what already existed historically. Commissioner Lambert noted that if the olive oil business had continued, the structure still would have been there, and would simply have been a non-conforming use. The hearing was opened to the public. Steve Seidenglanz, applicant, stated that he has a history in the community of Oroville of taking older establishments and recreating them, and he is very excited about this project. He said it is strictly an industrial use project, which has been at this site since the 1920s and 30s, and was improperly zoned during the 1980s while it was still a functioning olive plant. He said a lot of work ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004 PAGE 18■ went into this proposal, which keeps the buildings and attempts to fit them into the neighborhood. He said he was trying to stay within the historical boundaries of what is there by maintaining the pillars from the electric railroad that initially ran along the south side of the property,adding a mural to give it some history,do the development using the color scheme as it was as an olive plant,which led to artists, who by their creative nature, like to work when they are inspired to work. He stated that he did not envision this as a place to raise a family of six people. He said he and his wife do want to live at the site in the four-story tower,and hope to improve the atmosphere of the community that the project is located in and create an environment where people want to beautify their surroundings. Felix Wannenmacher said in Mitigation#6(UP 04-15),"h"states"Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery." He said it seems that the gallery would only be open during special events, and asked if that is what Mr. Seidenglanz intended. Mr. Seidenglanz answered"no." He said he envisioned this project as a commercial zone where a person can visit the gallery to view the artist's work and talk to the artist about it. Commissioner Nelson clarified that the project would include a gallery,but"special event"would refer to a big open house. He said otherwise, if someone wants to go through the gallery,they may do so at any time,basically. Mr. Seidenglanz said special events would be something that would encompass the entire community. Commissioner Marin asked about the feedback of the engineer,Mike Evans,regarding this project. Mr. Seidenglanz said he had asked Mike Evans for help on this project before Mr. Evans became a commissioner. He said Mr.Evans contributed a lot of thoughts and processes to this project and has helped formulate the project to make it work. Mr. Wannenmacher said the Commission needs to address the issues of the proposed use of the site and the hours of operation because it is not clear in the Use Permit. Mr. Breedon stated that staff based their analysis on the project description that was provided in the Use Permit and the Rezone, and that indicated that there would be special events at which time the galleries would be used. He said it was never described that the galleries would be open to the public every day. Mr. Seidenglanz said in any C-2 zoning, it is allowable to visit the site and view the work. Mr. Wannenmacher said he understands Mr. Seidenglanz's intent,but reading the language of the Use Permit, it needs to be clear about the intended hours of operation. Commissioner Nelson asked Mr. Seidenglanz if he had a problem with including hours of operation in the Use Permit. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 19■ Mr. Seidenglanz replied that he did not. Commissioner Lambert noted that the indoor gallery would be in a building. She asked where the outdoor gallery would be located, and if there were any restrictions as to where artwork or displays could be located. Mr. Seidenglanz answered that there is a cement vat in the front corner of the site with walls,and he intends to build a roof on it and make it the outdoor gallery. He added that the museum pieces saved from the demolition of the equipment he has purchased, about a dozen pieces, will be placed strategically around the facility with the history of each piece nearby. The public portion of the hearing was closed to the public. Chairman Leland stated that he is in favor of this project due to its uniqueness. He said he did not want to establish a precedent,generally,for having cultural studios in residential areas,but he is not worried because the property is unique. He said it proposes a use which is nice to have accommodated in the County, and this seems to be the only way it can be done. Commissioner Nelson commented that there are artist's lofts all around the Bay Area in which the artists live and work. Commissioner Lambert said this type of use is generally not allowed in a residential zone. Mr.Wannenmacher said the closest residential zone that something similar to the proposed use was found in was an R-2 zone, but he could not remember what was allowed in the R-2 zone. Commissioner Nelson said the City of Chico has a Residential-Professional zone that is similar. Mr.Wannenmacher commented that he thought there was a zone that permitted a similar use,but the zone did not fully accommodate the proposed live/work use, which was why staff chose the commercial zone. Commissioner Lambert stated that in the future, she would like a definition of a cultural studio because it is not currently defined, and where a live-in type of art studio would actually be allowed. Commissioner Marin said any use the applicant has for this property is better than how the property has been sitting for years, and the proposed use is creative and will be difficult to define. Mr. Breedon said staff has some recommendations in regards to the request to have a retail store open for sales in the galleries. He said staff suggests the hours of operation be 8:00 a.m. to 5:00 p.m., and parking would be provided pursuant to Butte County cede(one space per 200 square feet of gross floor area). He noted that the 25 parking spaces shown on the applicant's plot plan are primarily to be used for the live/work occupants and their guests. He said the 15-space parking lot could be made available,but staff conceded to the applicant that the 15-space parking lot would be a ■BUTTE COUNTY PLANNING COMMISSION MINUTES■SEPTEM3ER 9,2004■PAGE 20■ dual-use area,which would have to be changed if public parking is desired for the retail store to be left open with enough spaces to accommodate one space per 200 square feet of floor area. Chairman Leland asked what happens if people are displaying their artwork in their residence;would every square foot of the mixed use residence/manufacturing facility/showroom be taken into consideration. Mr. Breedon replied that the display area,wherever it is going to be, is the floor area to be used for the parking space calculation. Ms. Christopher suggested that the applicant should be asked what hours he intends the store/gallery to be open to the public, or is it drop-in, at will, seven days a week. Commissioner Nelson asked if there is going to be a formal gallery, or is each artist going to be doing their own thing in their own space. Mr. Seidenglanz answered that he had envisioned both a formal gallery and individual artists showing their work,but he did not expect that to greatly increase the number of people who visit the site. He said an artist might show his work to an individual once a day if he was lucky, and the gallery,which is small,would be open on the weekend. The gall--ry would be an asset to the artists. He said it would not be like a normal retail operation. Chairman Leland commented that the proposed use is like a retail operation in that it will draw the public and they will bring cars,and it is not like a normal retail operation because the gallery is only going to be open on weekends. Commissioner Nelson stated that the proposed use would only draw cars when a special event is being held;otherwise the proposed use is for a number of artists in studios who will show their work in a small gallery. Therefore,the parking calculations should be figured on the square footage of the gallery. Commissioner Lambert said she saw this proposal as two parts; one, the General Plan Amendment/Rezone(GPA/RZ),if we think it appropriate for the site,and secondly,the Use Permit, and whatever conditions and hours we want to impose. Mr.Breedon stated there will be a presentation on the Use Permit,but the Commission could let it be known to staff how to condition the particular issue of opening a gallery shop on the weekends, which would be included on both the Conditional Zoning Agreement and the Use Permit. He said staff is also recommending that the Use Permit be permitted only on a Motion of Intent,because the Board of Supervisors has to approve the GPA/RZ before there is final action on the Use Permit. He said when the Use Permit is brought back after the Board has approved the GPA/RZ,the conditions could be stated more clearly. Commissioner Lambert asked if the Board would see the Use Permit when they are considering the GPA/RZ so they also know the proposed use. BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 21 ■ Mr. Breedon answered that procedurally, the Board does not see the Use Permit. Ms. Christopher said that the Use Permit is such an integral part to justifying the GPA/RZ, that in this particular case, the Use Permit would be presented to the Board. Mr. Breedon explained the staff report for the Use Permit could be attached, but procedurally, the Board does not approve the Use Permit. Ms. Christopher added the Board needs the information regarding the Use Permit in order to understand why staff is proposing the GPA/RZ. Commissioner Nelson asked if the Commission approves the GPA/RZ to C-2(General Commercial), what happens if the use ceases to exist in the future. Mr. Breedon replied if the use ceases to exist in the future, the owner has the ability to develop, pursuant to the Conditional Zoning Agreement, another C-2 use. He said if the new C-2 use is not under the Conditional Zoning Agreement, the property would have to be rezoned. Chairman Leland asked why this project is not spot zoning. Mr.Breedon said staff did look at spot zoning,but the C-2 zone and the Neighborhood Commercial zone are zones that can exist within neighborhoods -that is what they are designed to do. He said staff does not believe there is an issue with spot zoning in this case. It was moved by Commissioner Nelson, seconded by Commissioner Marin, and carried to recommend approval to the Board of Supervisors of the General Plan Amendment/Rezone for Villa D' Oro Properties,LLC,subject to the findings and conditions listed below,adding Condition#5.m., "Hours of operation for the facility shall be limited to 8:00 am to 5:00 pm., seven days a week.",and Condition #5.n., "Parking shall be provided pursuant to Butte County Code 24-240, and shall be based on the square footage of the proposed indoor gallery.",to the Conditional Zoning Agreement. AYES: Commissioners Marin,Nelson, Lambert and Chairman Leland NOES: No one ABSENT: Commissioner Evans ABSTAINED: No one I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board of Supervisors, with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004 PAGE 22■ B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Rezone and General Plan Amendment for Steve Seidenglanz, Villa D' Oro Properties, LLC,Planning Division File No. GPA/RZ 03-03 will have a significant effect on the environment. D. The proposed mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. H. Recommend adoption of a de minimis exemption regarding impact to fish and wildlife or their habitat.The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required.The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans,policies,or regulations,or by the Californria Department of Fish and Game or U. S.Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat;have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend to the Board of Supervisors that the proposp.d General Plan Amendment is in the public interest in accordance with California Government Code Section 65358. IV. Recommend approval of General Plan Amendment and Rezone, GPA/RZ 03-03, for Steve Seidenglanz,Villa D'Oro Properties,LLC,to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from A-R(Agricultural Residential) to C-2(General Commercial)and adopt a Resolution amending the General Plan from Low Density Residential to Commercial, property identified as a 2.10 (+/-) acre parcel, APN: 031-275-005,subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A", with the following findings: A. ' The proposed C-2 (General Commercial) zone is consistent with the proposed Commercial General Plan designation. B. The project would result in the development of limited commercial and industrial arts activity associated with a cultural center, which, with the inclusion of Mitigation Measures #1- 7, would not be objectionable, obnoxious or offensive by reason of emission of noise,smoke,dust,fumes,cinders,heat,bright lights,vibration,radiation refuse matter, or water carried waste, and which do not involve the handling of flammable, explosive, or dangerous materials. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 23 ■ C. With the inclusion of Mitigation Measures #1 thru 7, the proposed C-2 (General Commercial) zone is compatible with the existing parcel sizes and land uses in the project area,which include parcels that are zoned A-R(Agricultural Residential)and that have a General Plan land use designation of Low Density Residential. D. The uses permitted in the C-2 zone, as limited to the development of an industrial arts facility and live/work units by the Conditional Zoning Agreement, are not incompatible with the existing or proposed residential land uses found in the vicinity of the project. E. The project site is located within the City of Oroville's Sphere of Influence. The City's General Plan designates the project for Single Family Residential Use (maximum 6 dwelling units/acre). Butte County General Plan Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This General Plan Amendment and Rezone is inconsistent with the City of Oroville's Single Family Residential General Plan designation. Although the City's prezoning and General Plan is inconsistent with the County's zoning and General Plan designation proposed for this site,the prezoning does not preempt the jurisdiction of the County's Rezoning and General Plan amendment. The County has implemented special conditions for this Rezoning that shall be enforceable through a Conditional Zoning Agreement. The City's comments regarding this Rezone and General Plan Amendment are incorporated into the Conditional Zoning Agreement. F. The project shall conform to the requirements of the Butte County Fire Department/California Department of Forestry with the inclusion of Mitigation Measure #7, which specifies requirements for fire hydrants, fire flows, and compliance with fire and life safety standards. G. Visual and compatibility impacts shall be mitigated through the inclusion of. (a) Mitigation Measure#1 which specifies compatibility requirements for the proposed industrial arts and live/work facility; and(b)Mitigation Measure#6 which specifies that the C-2 zone is restricted to uses, as set forth under the Use Permit concurrently submitted with this application, by a Conditional Zoning Agreement. i CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of , 2004, by and between Steve Seidenglanz,Villa D'Oro Properties,LLC,herein called"Owner",and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004 PAGE 24■ WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: --To Be Inserted-- WHEREAS, the Property is now zoned A-R (Agricultural Residential) and is designated as Low Density Residential by the Butte County General Plan; and WHEREAS,Owner has applied for a reclassification of zoning of the Property from its present classification to C-2 (General Commercial) and for a re-designation from its present General Plan designation to Commercial; and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented,the Board has determined that certain conditions to the zoning reclassification and General Plan re-designation of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW,THEREFORE,IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-2 and General Plan re-designation to Commercial is being granted and will be enacted by ordinance and resolution, respectively, the said reclassification and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following Conditions: Planning Division: Prior to Use Permit issuance, the concurrently submitted General Plan Amendment and Rezone (GPA/RZ 03-03) shall be approved by the Butte County Board of Supervisors. 1. In order to protect the surrounding neighborhood from impacts associated with aesthetics,noise, light,vibration and odors perform and maintain in full effect the following measures (Mitigation Measure#1): a. Welding activities are restricted to the interior of building"N"only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 25 ■ d. Live/work units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies as determined by the Chief Building Official. e. Any new construction, not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: • Side yard requirements:None,except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Rear yard: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use,in which case the side yard shall be not less than ten (10) feet. • Minimum front yard setback: Twenty(20) feet from the edge of the ultimate right- of-way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the right-of- way. f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at the property line at all times. 1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. in. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of the Butte County Code as follows:All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten(10) feet of said street right-of-way with openings ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 26■ l .for walkway or drive purposes in accordance with county standards. An additional five (5)percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent.An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats, motorcycles,and recreational vehicles,vehicle detailing and painting,upholstery etc.)is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise, odor, smoke, dust, bright light/glare,heat,noxious gasses,vibration,pollution,traffic congestion,unsafe access,or other public nuisance as defined under Butte County Code Section 32A-2,are prohibited. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: The Department of Development Services shall monitor compliance through routine inspection and reviews. 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction,water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered,kept moist, or treated with soil binders to prevent dust generation." d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 27■ Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage cf flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. (Mitigation Measure# 2) Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site.. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations including arrowheads and other stone tools or chipping debris cans, glass, etc.; structural remains;human skeletal remains),work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered,State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context,the Native American Heritage Commission in Sacramento shall be notified immediately,pursuant to State law,to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure#3) Plan Requirements: This note shall be shown on all sit:,development and building plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue, 12th Street, and Corona Avenue shall be available for the use of responding emergency vehicles.. (Mitigation Measure#4) Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. ■ BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 28■ Monitoring: The Department of Development Services shall ensure compliance in cooperation with Butte County Fire and local agencies. 5. A Conditional Zoning Agreement,between the County and applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows (Mitigation Measure#6): This C-2 (General Commercial) zone is restricted to the following uses: a. Light manufacturing uses and a 520 sq. ft. welding shop accessory to the Cultural Studio and Live/work Units, as provided for under the C-2 (General Commercial) zone. b. 12 multiple family dwellings with(9)to be occupied as live/work dwelling units in conjunction and accessory to the Cultural Studio,(1)to be used as an owner occupied residence,(1)guest residence,and(1)caretaker's residence. The live/work dwelling units to be leased to artisans and craftsmen who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities,concrete flooring,aluminum siding,roofing,and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery,and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to be removed,cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25-space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit pursuant to Butte County Code Section 24-300. . k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 29■ i for deliveries when special events are not being held. 1. Zone to be subject to all conditions and mitigation measures placed upon the Use Permit. in. Hours of operation for the facility shall be limited to 8:00 am to 5:00 pm.,seven days a week. n. Parking shall be provided pursuant to Butte County Code 24-240,and shall be based on the square footage of the proposed indoor gallery. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. 6. Prior to Use Permit issuance the applicant shall obtain a will-serve letter from the Thermalito Irrigation District to ensure that water and sewer service can be provided to the proposed use and live/work dwelling units. Building Division 7. Building Permits Required. Prepare four sets of construction plans and make an application for permit. Construction shall comply with federal,state, and local regulations. Plans shall be prepared,sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. Public Works Department 8. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards,as specified in County Improvement Standards. The exit located close to the corner of Feather Avenue and 12th Street may cause traffic problems. Department of Public Works requires that the exit be relocated farther from the intersection. 9. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of 12th Street,Feather Avenue,and Corona Avenue along the entire property frontage. The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. 10. Prior to the issuance of building permits for new buildings submit road and drainage improvement plans for the installation and construction of the street frontage improvements on 12th Street, Feather Avenue, and Corona Avenue to RS-2A Standard, including but not ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 30■ limited to P.C.C. curb, gutter and sidewalk and the required street section. Construct or install the required improvements. 11. Perimeter fence shall provide adequate sight distance per County fencing requirements at returns on 12`h Street/Feather Avenue, at 12`h Street/Corona Avenue, and at driveway approaches. 12. Prior to the issuance of building permits for any new -:)uildings, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. (Mitigation Measure#5) Plan Requirements: The applicant shall submit the required drainage plan to the Public Works Department for review and approval. Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Butte County Fire Department/CDF 13. Perform the following to the satisfaction of the California Department of Forestry: a. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. b. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Chief. Average required hydrant spacing 300 feet,hydrant size 6 inches,and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. c. Provide .plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. (Mitigation Measure#7) Plan Requirements: Requirements shall be complied with during all times of construction and operation. Timing: Requirements shall be applicable prior to all operations. F ■BUTTE COUNTY PLANNING COMMISSION■MINUTES■SEPTEMBER 9,2004■PAGE 31 ■ r Monitoring: The Department of Development Services shall ensure compliance in conjunction with Butte County Fire. 14. Install a replacement fire hydrant on the 8-inch water main on Corona Avenue at entrance near Building"N". 15. The existing fire sprinkler system is to be extended into units A,B, C, and D in accordance with NFPA 13 Standard for fire sprinkler installations. County Counsel 16. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed,this condition is deemed satisfied. H. In the event Owner, any successor in Interest of Owner, or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30) days after notice thereof as provided in Paragraph 3, the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to,the classification to which it is now zoned or any other suitable classification and to redesignate the property to its present General Plan designation III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County'a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. a BUTTE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 9,2004 PAGE 32■ i F CC WY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIAL PURCHASE ORDER F 05-030 s Chico Enterprise Record u Attn: Donna P P.O. Box 9 Issued By L Chico, CA 95927 Department DDS/Planning Division E R DATE GINTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 8/11/04 NOTICE OF PUBLIC HEARING 1�I�' 'S 40-001-53 To be published in the Oroville Mercury on Saturday, August 14, 2004 Please furnish this office two copies of the affidavit of Publication. (Villa Del Oro;- GPA/RZ 03-03, UP 04-15) Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 TOTAL I, the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 05-030 Date: ��/��� ` 111 epa men ea or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD COIF Y-OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER F 05014 S u P Chico Enterprise Record P Attn: Donna Issued By DDS/Planning L P.O. Box 9 Department I Chico, CA 95927 E R FAX: 891-9247 DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# NOTICE OF INTENT TO ADOPT A MITIGATED NEG DEC �,y 40-001-53 21 o To be published Saturday, July 24, 2004, in the Oroville Mercury Register. Please provide this office with two affidavits of publication. (Villa D' Oro Properties LLC, UP 04-15 and GPA/RZ 03-03) Roni - 538-5260 Butte County Planning 7 County Center Drive Oroville, CA 95965 TOTAL or)p, I,'the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or,where authorized,are hereby contr a and that there is aVCbqpt Appropriation for the same. F 05-014 Date: �Cqo-li �t� Department ea or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO.' PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD ,x�.yi]' y- S'rant .r:c3• i,,,x <h, sn - d. -a,4-t ' ,t "#"Y "�Xh _-- r 'S' ''r -1 Fiursda December 09'2004 x " F Developmenubervlces H �Cy '�6Y PLANNING 'Lls N..>¢'3. :: `� 1�Lf ?4. i'�.Y..e- �, _Y.,--a tr'`3'�Cf"k*."+ r S..,..> -_mac'' '�r".'S�F7�F^N <q, fl p�y��•- ' Counter DDS:Planning $1,227.31 : Person Chris `_- (General Fund) Payment Date ,! 12/8/2004 Public'Works �_, $0.00 (Land.Development).; Receipt Number Y; 418754 Environmental Mealth $0.00 Received From :Villa D'Oro Properties, LLC CDF(Fire`Department) $0.00 ^ L —.-1 Applicant' " : • 'N/A NOD'/:NOE"A`"' t $0.00 y_ (Recording'Fee) ,0' uP O - Aurit"Minnie'-<_' -_.:,�_-, $0.00 B'y -(4q Application Number; GPA/RZ 03-03, UP 04-15 $1,500:0t,$2,000'%-Y': - or In Reference Tw • Planning Review:/.EIR, ' $0.00 Parcel;Number ---.—..---..----- --_ ;Fish/Game` , I $0.00 er/Cash: 'Check#1106Check Numb - $0.00 sFTotal+Receved Airport'LandUe) 227sA 11M3 �' Non,Sufficient _. $0.00 aTotal'Fees a �'�� F Funds ($25 00 Fee) ' .... Ce1ITower .y $0.00 ($2500.00) Public.Sales-/Copies.: ' $0.00 Other: - • " $0.00 - I ... ....... ....... ...... VILLA,WORO PROPERTIES, LLC. 1106 4514 PACIFIC HEIGHTS RD 530-534-641.0 OROVILLE,CA 95965 DATE e�_ 9D-2267/1211 3824 PAY TOTH6 OR R OF 3/ s.cmur a.mros � �mcmaea. [Mbank. UBank®24-Hour Phone Banking 1-800 US BANKS FOR W F G _ 1: 1 2 1 12 26 761: IS 3L.90 1 5 108811' 1 10 ' COUNTY OF BUTTE 418754 OFFICIAL RECEIPT 'tA wt ! ` . OFF: CE OR DjEPARTMENT ISSUING RECEIPT Received from •�+�t 4�rc] r,r 42 ey LL� - , The Sum of Ot j C 'I g��.rr i 3,�a/�.ir ;�' eU�� 1u� 12 2 -7, 311 For Cr PA �12 a - � ��'Lt•Pi� � (jp rip�T=!� � t�'W� ./-/Z- Received: yV 3 { Received By- f/rf � { CASH ❑ Title CHECK SrS? 1 �liid� r ' CHECK ® f C?6 • By DAVCO BUSINESS FORMS•(530)743-8511 Form 75702 COUN c'Y OF BLrn-E AUDITOR'S CERTi KATE AND TREASURER'S RECEIPT ORWI-LE, CA ATR NO RECEIVED FROIA DEVELOPMENT SEtRVICES-Pl..ke101N11w1C DIVISION BAG: 330 DATE i 299/2004 FUND FUND DfFi ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 1219 RECEIPTS: 418754-4187556- PLANNING ING APPL FEES, GENL 0010 440(Q1 4210900 101001 1,327.31 Project Number Amount of Fee APN:03'1-27M05_V1LLA.DORO-PROPS GPA;RZ, 03-03;UP0 -i6 $1,327.31 APN:041-200-083 L PETTY?;DM 98-08 - $50.00 APN:047-OM051 PWLSON ADTA 9!x-71 $50.00 FOR 12iB TOTAL $ 1,327.31 APPROVED BY: RECEIVED. BY: AUDITOR-CONTROLLER TREASURER vAite=treasurer pink=aud for canary--depositor golden ru i;e r 'tea... — .. - .,, '.�' �..,,.F,::,__ ,. _. .x —�.xv+n .. ".".. .__ v_ '-s, .__:.. x. 4". .':�vs..:. :..3"aFE.:.' ex':.:•t.v<..k�f':.H,.''x. ..::..4:- .:..:.. _., - ...:.-,3c __✓�.,.:- i•. a�, �. to T c �,'Y 'ks ,,Type of Protect-.General Plan Amendment � as �� Protect Planner; Dan Breedon E PP Y Uti cx _ '�`i:s,. +' ,a.v.:w. :.,x;;s .,,r..�. >�„'.?r..c,. :' r ���,.`� �; m=x ���•-,rte•.-. .•._.,-`. •��, ,' �` � ';;�Date�Assi ned _ I OrgP,,ubhshm 8/9/2004 y w� ��;Demed�❑ �>�' �„� F ���.;�,��� . ?PlannersPhone' 7603 ;k 9_ ,.,.. 9 _y Ni-'� .: ., �$U eNISOr-'? Yvonne Christo her ,� a -...�xi ',,xy�".,, h+,- P.. P , "- p .�.y F _; s; ."� : 30 Da =Com = 7/25/2003 1-SzReviewa-i=",_ 3/.15!3004 A ealedto.Board ❑ : ._ _.- Y P pP r Fde LocatlonF Dan Breedon r y_' ., I- r 4t - 6. .,,,•..••.•=s x.,.fi ,s.. ter, , «.. _.. - .x 5 �� ignature Lynn Richardson _ ,.. F ...xs Pre-set.:Heanng 10/23/2003 ._ . W :: a ",..r ,. x:. QuicktStatusf Staff Reviewing .: ...- �y-= ,,,,, n" ,-. xM "1111 OD/NO 9 �-€,_..::-a.?''�'� ,,". ..-z:.".x�'3'` 4,d:. ..,.... .__ ........ _. ._., ''''�.,-.„ ,;,.,� ._...,...rw.m� ,�ias ikr 'E �f :..se �'� � '�'.r,;.Y, .: �'�_ ".�'�,"..�'�".•„„�„�"`^xz:':"'+p`--x�.yy� :'4�y'moi ;. '*, ��.'� .:��..ei.: ,: ,. �y, �_z �,earin Date I 11/9/2004Comments UP 04-15�submitted 01/15/04; IS . 031-275-005 ._ _ . 9d.; �_ ,n::'r:,: ., , .y, -.,r « , -:.,.,., =W,W; :, ' 'x . ., pub Oy,.:'�:• ...:<.< .�. :. ..,.•-..r« ..-....,:.. :. ..:.... ... .. ..Y h� .,t .-. .rs, �Y_�x-sLx,, "'.,;k�'{E - '€i�",v&'�'q�. '.�`�ix+-,k�:d"1 '."`S,.:a� �� ��^ �;,k, .,ra,..� ,< gPpeal Hearing ., < . approval by/PC,9/9/04 m ) 1Proj,,.i ripUon< General Plan Amendment from - Y r ;, E Wim;n 4 �Issuetl ❑, F ;,,z , mended for ML N - "`aN s�.>" ...,.: Y __ -:"-.*4.,,: ,r� s- :.� w ,,:. ,"f: k.. x _, sY'�, ': .:?' :,« "'"'<','. 'zr'�.:cw"^•'__^ Low Density Res€dent€al to � k k , f Deposits :, -� Filed ❑ - _w To Bo2[d [ . : "',. ar ,.::.�,f, + ` r. :«l.`i,°1 ... .v,. -_._sv„...,; !:f.. •- .� ..:k=. +i, ,«....¢:Y "Mir. I s .5€. `�€y•4v '. € t ,.k �+ ProtLocation at the northeast corner of 12th k E ,Date i 6/25/2003 r _ - n y ^ x;Street and Feather Avenue, _ �Notes (Seidenglanz);see UP 04-15;t IN. -,,:- € .. - ,," -F :i -h,> ,www i a:� as(. +' _. v? 'kY- .k, Yp.W_. .......r.:--..............-......—.—.........._�,........_.....�..�....—.�ryf ' :T..S-. i :: Z.:•:-x.,;.x'c "..a,.:e. --Er: �S "i v `II,,. r_ wv Total" $3,516.00 , ." _ " .:.''- - - ':.€a,.-f �x ..... w .'�,x n: .,._r=:�. , .-F.:xG4�iv. Client B€Ilin a:❑ � ._, Wim:E; .,, ,_, "u,:ax, -„;a.:. 9,. ..:=i•;: `= _.,,, €f: .. 4 E`-::;�- w� , .,. .” ,.w _.x ,,. _:..x-,f . .ff. a, ., Permitlssued ❑ Smug , fr :_..«k � :-,:. �,,:E..• ">� ,� �r��: 'r��:�:�;�a{ � ` `� , .,:n�Skr vt"... � �,.-EE. �"- ,�,:, ",�,��{ � :�:., : _. Receipt No 21247 --- _ n • Billing Status _ € ,.,k,4 >~ '�.':..uw`:.-:,..,.,.. °`-xs ,__.,-°^"^'^;.,' �.,�-' 'S . -^ �. .,i�1Ult Mlrinle LJ �'x ': - :`s�:.;:,. ., r ...._,•,•:�. ^__-.., a' r�Fx. . Last-Name: Villa D'Oro Properties LLC � � � - --- --m--mTM„�--•�•-�a�, tE !8211sv ;„rmwt U4. �y.-:"> Yp te' -Pratt ,{ _. �Wi e ❑ � .. -- - ry� ` xy `�;r "g- ,4,'..,”" .,. r�. a._. . .�.., xw,r $150:00 g _ Rehewal Date; 4. -. Ili ZOning,COtle ..A'R "= Ma n .Address.: 1245 Oro Dam Blvd. Suite 5 n.,9 ., q.� � .�_-_4,�,n,•,,_::.,,,,,._'.:.'�,:,a. r.�:,�"�—..�..�.-:a;—�,.�, .rte .::C"`� ..L�viS<,,cE�+*,;c:�'�;r" .a,`�"''�' :-{�,'.:zs ��.,.w>�t4",s`�; =.; "€, €,`t :.. 'S, rr",.��aas„k.",,n•, ...._ .. .. "_,, _ ,a�`'5._w4',:_7_;W a.«,,,., .- -,:W''v:=r.= rx.r -�;�.�.:.,:" N, :.f.;_ sm. .... a ,_,. -,ter•-�••rmr;., - j".._x_. ,. Vis, ,>,r':1;_ _.. ._..::"_- _�._..=..,_,_aye .. a- - . ` ..Ea..`. -... w « Planning* $2,300.00 TMH Residentp. tt - k [ Zoning Desc (Agricultural Residential) City: Oroville � 3�' v� d� ..: .:,_., - ,- . x.,.. ."s.' ,", �...``x�-". MORN l'4 '^,i. ^v",•s_}�.,r._T^^'T""' '3i :C us t'k ye 3 i rcE. 7 ; : Env Health $287.00 ; Bond.Deposit Amount; Parcel Size; 2.10+/-acres : n, j.�.y g w«, ate:: "��«x,... ;,.;,.r W ., a:,:.-�."k :;.;f: , .,a,-� «,-,4.:. �k1,s. Y .-L 'r"+S._ ._ ..v. —:.,:t35•^$ :,_ 9 -xv_,,;^_E`, as,' i ..-'=;-^" ......_,.......2 ",`'«,.�:y,:tE;:vs,. rw" :� x°"�.'d« .-:'':_,._.. *7 a,r..; , .<,;, 's ' k .., ° Fire Dept` y *� w�� Gen+Plan Code LDR 95965 � � �"��=�«� �,�` .-�.-..�r",,.�.�-•' �� � ��� � _ �r r , �. -x<r« ,_ _r_ ,« " ., , .�,.�r",,�,�,,--�mE;�: <��-"t ,-_..« ,___"� �` �E ",�.. « � ���._.�._� «.:.xf�•'_ ,.,� " � � . PI i n i Dens t Reside t dx�'„"v y.x r"uf...:fk .. F _,.>, x f'C;. �•,x.Y,:.�E.� u rcxG,:v'" "�':: ><�;�'.,f ".-FkE. E� -.;sn,< ,.,;Y+z3�«W-F,. x A a:..n�,:: � Y ....,«<.��`..,,'�;ie:>.'�:x::,�x.° w..�.`z�x sxi��?��r,."�..�.9;�`sd,.w.W,�W:-.r�,.<�,�=_„w;"- ""'"x^�:�5':"-�,,,:.�.v. x.1x s,:f,:k. «.xn€�-- t^;•�.�a, ::,..« :,.' •�" ,ry,. ., "=ms::y..a-,s:::,au :-P .;xx �.....: .�"„ �"'"+r.x,k,, : .3 :.Hearin �Bod Board of eNISOfS ,,;y.. �,, —�r.a.:+s; ,k .;....�•' aax,x;:.. �."1=�,-", ,:t';i�:x€r :s�:r. - , 9: Y." P .-• .,�ks�:..- �-a�..��:?•?� ,�>r e`.n.;#'`:a; .a~F.`,.'k•�x..n."1,,....,cw_C " ,x.:::::_., "_,xvxk. ..a ...W..... �e.,..�_x,w-.x.,H -x, x._ .,, ...... ..... ,,,,E,ma-,k-sem,-.ia„t,:= -.�-,;,_.-'�:a."_xx.s..,.r.�s....._ ...." .._:._ �:`s,..,��•.:'_v,:} 'aY�, ¢zx...-, _ .. _ fk t,.., -,w:. .:-:, : m- rµ,,.„a =tee• _.s.....r: !r;��^ _ _ s r:. .. " .:_:>:..,x , ,.r ..: " _. - : - .:€ ,,._5 :.«;wa ._._ .«_ Pro ect Planners$tatu5 YAddress:: 1416 12th Street Oroville C jj-u :x - , . r- :::.," ? _ . ._�." _,:_.._Y_" s - :,:k'L'a. ' ' -F'w. :...r ,r x, _ .rn ,x:., -. .___`'' €,.,. .s _. .a ..'L . CAT< NE PC ,,: y _ _ = Client, ,nf' Crai :5. ..__,. 3_�_r,. _......�,_._.�.._ _i;._,n......r"ww. ." Z.:'.. .x..,xnu,Y,. ,."<_......xS,:.v","•a..s W.,.- tvV v,r.E."..."akr.._vu.:fz,k r_ �, ..eEHI, .,:f 3, -"�,,.w�E' :v_Vkt a<V ,:.�;a. za�r=�_.:xc .s::.:z.,;�.r,; �•.W.s"V.€,n..,.cw;.,.«,a,,,,F,,,x« <w `: xx..�<..,r.r,:s:a:kf:E;-:v F;r, f. r -19r` Dan � Ste hen. F_ s,_.F_.fr" ..<.<.,.._ :.,,< ., <✓'. ,n,,_ ?s.x iR:,41- ., .:. _,.;,, ._.,,<,k�r -x., a" ,_.,sw ..- x�:...x..<_ ;,�.. ... _ ,-..:z,z:.._ " 'ffuw«.'x '=f ax. W-"-°x::. ,,:,r r,. .0_ •$�.....4s'•' ':k�?k. ..x >__ _, •,_ ". - r:. ., x... ._5...,....",.. x.s., ....,:x,.. „Ki:;«_._.._ .._...__...r... .,E.;e.ai.,a.. ..�€.;;.<.r__.,-_,..._..«„ ..< ".->i,_.:. k,_........�,.,..,�_"a_.'.w_r+, _.�_ :,.;✓�.,.>:..,,�rk= °�§. e,�:� '-':- ,,,:€" Michael Evans, Evans Fun � �`,;k{ •-__, .::,��.r�;1,�,: :...»�:a.�........_....-.d.o.�...�. '�a�",�={ka.'_`���'`e. x::- fE. '� ._,_.. .=�=-:"� � _.�,d .x' _ ,.v � �c ti ;='=�.a'. .. r� u z .. ..>: Gen Rule,Exm .t❑ .EIR j❑ =-BRD -` E< 'NODLNOE r - ,�: �, "-- '� =.:'x .yr.,_x_",.". ., "3,__-,�•,s`;:.=` '' a`"Lv= „xft.t « .� :.<ss -.r +'`.;"�.:a" _ rx - F.;,,E -1k,. �,- �- Ern, /.Re AtldresS 1 Nice Pl.=,Oroville CA 9 t %3k- :° st - r.. r,: W m xi;__,..._�"._, `�-. .:«�n�. _--- s;.k«,rt,.» :-. �.. P. .... _ _+=. .q;;•,�;aa_;w.a�...,.W,E_W.. -,, �.�,r�. ..aT EMS-, ...�: - + = � ..,.,_�€r., ��.� ,� :� v,€ .,:".5�:__ .:�1.� r Project No. GPA.iRZ 03-03— PLANNING PERMITS TRACKING MENU v. 1.4 Type of Project General Plan Amendment -- ----- --------- Date Received r- 6/25/2003 Report 3/22/2004 Approved Approval Date 11/9/2004 Project Planner Dan Breedon I I I I _. _— - Date Assigned Publishing 8/9/2004 Denied ❑ Planner'sPhone 7603 Supervisor: Yvonne Christopher File Location Da _.....n Breedo........____:__....n_....._.......-_...........___._.. 30 Day Comp 7/25/2003 I-S Review 3/15/2004 Appealed to Board U _ --- ----- Pre-set Hearing --10/23/20030 Signature: Lynn Richardson Quick Status Need to process NOD -�-m NOD/NO -- APN No. 031-275-005 Hearing Date 11/9/2004 Paid Comments UP 04-15 submitted 01/15/04;IS published 7/24104;recommended for Proj Description General _.................. Plan Amendment from_......___..__.__.._..._....._.._....................__...._..- Appeal Hearing Issued ❑ approval by PC,9/9/04 General Low Density Residential to llnrfiistripl anri a Ra.7nna..frnm A-R Deposits Filed E] To Board 11/09/04 Proj Location at the northeast comer of 12th Date 6/25/2003' Date Street and Feather Avenue, Notes (Seidenglanz);see UP 04-15;t Total-$3 516 00 Applicant Permit Issued ❑ Client Billing ❑ Receipt No. 21247' Billing Status Last Name Villa D'Oro Properties LLC Aunt Minnie El - ATR No. 64882' Type of Deposit First Name _ Winery❑ Land Develop $150.00 Renewal Date Mailing Address 1245 Oro Dam Blvd.,Suite 5 Zoning Code: A-R Planning $2,300.00 TMH Resident ! Zonin Desc: (Agricultural-Residential) City Orovflle - g ( 9 ) State CAM Env Health $287.00 Bond Deposit Amount Parcel Size: 12.10+/-acres -- - - - Fire Dept, $43.00 G6ri"Plari' ode Lb R ••- Zip Code 95985 _ w Gen Plan Desc: Low Density Residential Phone Number (530)532-0738 General Location Oroville - Sub Menu OwnerVilla D'Oro Properties,LLC Hearing Body Board of Supervisors �-- Aunt Address 1416 12th Street,Oroville,C - - --- Project Planners Status CAT ❑ NEG 91 PC Client Crai - --- - Carl Dan Engineer/Rep Mark Stephen Michael Evans, Evans Fun o Gen Rule Exmpt ❑ EIR ❑ BRD d❑ NOD/NOE Eng/Rep Address 1 Nice Place,Oroville,CA 9 Sup District r_1 IDR MW M 12/2/2004 Butte County Department of Development Services 1:29 PM Pre-bill Worksheet Page 1 Nickname Villa D'Oro.GPA/RZ 03-03 1 GPA/RZ 03-03 Full Name Villa D'Oro Properties LLC Address Steve Seidenglanz 1245 Oro Dam Blvd., Suite 51-1 Oroville CA 95965 Business Fax Home Other Project Type GPA/RZ Deposit Status Deposit Project Planner Craig Sanders Salutation Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 7/8/2003 Craig 0.00 0.08 0.00 Billable Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 7/8/2003 Lynn 45.00 0.55 24.75 Billable Clerical Activities Set up file 7/8/2003 Lynn 45.00 0.72 32.25 Billable Clerical Activities Set up file 7/9/2003 Roni 34.00 1.00 34.00 Billable Clerical Activities Set up file. 7/30/2003 Dan 59.00 1.00 59.00 Billable Meeting - Planner Time spent in meetings (IDR) 8/20/2003 Dan 59.00 1.25 73.75 Billable Site Review Field review of project site/vicinity including travel time. 8/20/2003 Dan 59.00 0.75 44.25 Billable Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 9/10/2003 Dan 59.00 1.14 67.13 Billable Correspondence-Planner Letters generated by planner regarding the project or application. 10/1/2003 Dan 59.00 1.00 59.00 Billable Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 12/2/2004 Butte County Department of Development Services 1:29 PM Pre-bill Worksheet Page 2 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 1/29/2004 Dan 59.00 1.00 59.00 Billable Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 7/15/2004 Dan 59.00 2.00 118.00 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/16/2004 Dan 59.00 3.50 206.50 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/21/2004 Roni 34.00 0.50 17.00 Billable Publication -Clerical Time spent preparing & publishing for Hearing related to applicant. 7/30/2004 Dan 59.00 1.75 103.25 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 8/2/2004 Dan 59.00 3.00 177.00 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 8/3/2004 Dan 59.00 4.00 236.00 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 8/10/2004 Dan 59.00 2.50 147.50 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 8/11/2004 Lynn 45.00 0.50 22.50 Billable Publication - Clerical Time spent preparing & publishing for Hearing related to applicant. 8/16/2004 Dan 59.00 0.58 34.42 Billable Report &/or Project Analysis Reports and/or project analysis related to the application. 8/24/2004 Cheryl 45.00 0.05 2.25 Billable Administrative-Clerical Time spent on billing and other administrative tasks not related bo processing . 12/2/2004 Butte County Department of Development Services 1:29 PM Pre-bill Worksheet Page 3 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC (continued) Date Employee Rate Hours Amount Total Task Markup% DNB Time DNB Amt 8/26/2004 Dan 59.00 0.50 29.50 Billable Hearing - Planner 8/31/2004 Dan 59.00 1.00 59.00 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 9/1/2004 Dan 59.00 2.00 118.00 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 9/2/2004 Dan 59.00 1.00 59.00 Billable CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. F 9/9/2004 Dan 59.00 1.00 59.00 Billable Hearing -Planner 10/14/2004 Dan 59.00 1.75 103.25 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. Board Report 10/15/2004 Dan 59.00 0.65 38.35 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 10/18/2004 Dan 59.00 3.00 177.00 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 10/29/2004 Dan 59.00 4.00 236.00 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 10/29/2004 Dan 59.00 2.00 118.00 Billable Report Wor Project Analysis Reports and/or project analysis related to the application. 11/1/2004 Lynn 45.00 1.93 86.81 No Charge Packets -Clerical 1.93 86.81 Hold:Timer Prepare packets for meetings/mailings. v 12/2/2004 Butte County Department of Development Services 1:29 PM Pre-bill Worksheet Page 4 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 11/9/2004 Cheryl 45.00 0.33 15.00 Billable Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . TOTAL Billable Fees 44.10 $2,529.65 Date Employee Price Quantity Amount Total Expense Markup % 7/24/2004 PUBLISH 85.22 1.000 85.22 Billable Publishing Expense Publish in Newspaper Chico ER 7/24/04 F05-014 8/14/2004 PUBLISH 70.00 1.000 70.00 Billable Publishing Expense Publish in Newspaper Chico ER 8/14/04 F05-030 TOTAL Billable Costs $155.22 Amount Total Total of Fees (Time Charges) $2,529.65 Total of Costs (Expense Charges) $155.22 Total new charges $2,684.87 Accounts Receivables Date Type Description 6/26/2003 CRED Credit-Initial Deposit ($2,300.00) Receipt 21247, Check0658 6/26/2003 INV Invoice-NOD/NOE Filing Fee due $36.00 6/26/2003 PAY Payment -Thank you ($36.00) Total Accounts Receivable ($2,300.00) Total New Balance $384.87 Amount to replenish account to $3,000.00 $3,000.00 COl9Nrif OF BUTTE AUDITOR'S CERWICATE AND RECEIPT O3t OVILLE, CA., ATR NO 6082 RECE3VED FROM. PLANNING SAG#330 DATE 6126i2603 FUND FUND DEPT ACCT CASH DESCRIPTION Tl T LE CODE CODE CODE , ODE AMOUNT DEPOSIT DATE: 6-26 ' RECEIPTS: 21247-21250 PLANNING APPL FEES) GEHL 0010 44=11 42109W 101009 3,759.8 ect NutDer - - Amount a_ Pee #034••275-00; S Seidmg1ana G€AjRZ a-Q3 -$3.000 #006-arvc-048 E)cecu&e Barnes ADM 03-49 $300 #040-200-013 S Gale MUP 03-07 W10.88 LAIND DEVELMMENT . GEHL 3090 441U 4699700 101,001 950.6 Project Number A-mount eff Pee 034-215-006 S Seidenglarz GP.AIR.Z03-03 $1,50 EP ROMMENTAL HL-711i GENL 0010 540= 46143'3 101001 S 287.CO Project Number Amount eff Fee #034-275-006 S Seidenglanz GP.AJRZ03-L3 $287 FIRE PLNG ADPL FEE FIRE PRO-PECT 0900 4617240 909009 Project Number Amount of Fee #034-275-005 S aeideglanz GPAIP,ZOw-03 $4d � D�fi94 E CLERKS FILING FE GEAL 0090 470001 4392319 101009 36.00 ( 3 Project Number Amount & Fe 031-275-005 S Seiden0ianz WAIRZ03-03 $30 r FOOT. 42175.99 "APPROVED BY: RECEWED BY: AUDITOR-COINTROLLER TREASURER + wAiite tr+e-asuser pink auditor canaay,--depusitor golden ri3�die f 4 I 1 - COUNT'f OF BUTTE AUDITOR'S CERWICATE AND 1 REASUIRER'S REGEIF'3 OROMLLE, CA. ATR NO 6a82 RECEIVED FROM PLANNING SAG 0 330 DATE 6/2612603 FUND FUND DEPT ACCT CASH DESCRIP-11 AN TiTLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 6-26 RECEIPTS: 21247-2`1259) PLAN6�+1�N€'.a ADPL FEES GEHL. 0010 X31 421C000 10100+1 3,75a.9.88 Project Number Arnou at crF Fee - #03i.2175-006 S Seidenglanz GPAX2702-03 "B3.000 #000-060-098 Executive Hornes ADM 0.3-99 x:300 #O40+200-093 S Gale MMP 03-07 $402.88 LAND DEVELOPMENT GENL 0010 44XKS4 49117W 109001 150.00 Fmject Number Amount c ff Fee #031-275-006 S Seidenglanz GRAIR203-03 � $e m ENVIRONMENTAL HLTH QENE 0010 54WW 4614901 101OO1 287.00 Project Number _ Amount bT Fee 4W-27MG5 S Seidenglanz GPAJRZ13-03 $287 FIRE PLNG APPL FEE FIRE PR-0-4 ECT O100 4617240 101W1 43.00 Project Number Amount of Fee __ _ _039-275-u0;S aeidenglanz GPA,'F'Z 03 $43 ra�DBN& CLERK-'S FILING FE GENL. 0010 47MOI 4659318 101001 36.E* - - _ - (M)_Project Number- -- -- - Amount sat Fee X331-275-005 S Seidenglanz.GPAIR,Z0M3 $36 -?;-APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER white=tr'easumr pink--auditor canaty=depositor golden mite RECEIPT JOURNAL OwT[ x[xO.�i O[C[,v[ WOOKB "'c0 pAKONO y�yt � FlAB �p� OTxtK w�liiCwxT K[c[ivt0 IKOx _ �.�c�� pt,� Q��,,�/�q� CIE� Co�ZS�o3 Z17µ7 3,S"Ito ISa ova 1 Z�7' 4 311r SiGOF SCID^ �GnL SAME_ CX / CI Z%la• Sao 300 CICCCJ�Je HO�<S SQ v C C��i Z355S /�_ 03—/ b- La-0�8 rVr� wmw 6 aso3.11, yoR• til YY1 mo 03 0'7 kk n -� � 60 atf-i- 6 u J rso l3wisl 1,936 1 y3 COUNTY OF BUTTE OFFICE OF PLANNING .; <./Z5f03 ?,124 $,511. a.� :� 3oed�. 28�� 43. 'lilv� IC` � L PUBLIC ENV.' NOE/NOD DATE RECEIPT TOTAL PUBLNO. RECEIVED WORKS LAFCO'' PLANNING SALES HEALTH FIRE 1.FEE OTHER APPLICANT RECEIVED FROM RECEIPT 21247 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING t ;. STEVEN SEIDENGLANZ 0658 STEVEN SEIDENGLANZ 90-7162-3222 CAROL SEIDENGLANZ ' CAROL SEIDENGLANZ 7 91 PROPERTY ACCOUNT 90-7162/3222 4514 PACIFIC HEIGHTS ROAD PROPERTY ACCOUNT OROVILLE,C 95965 DATE A1245 ORO DAM BLV .,SUITE 51-1. ATE _ O OVILLE 95965 PAY TO - 6pq n j o PAY TO ORDE F le W�O l�O l �+�( w © _ ... ORDER OF �' //'l�M�..�TM i DOLLARS seo.muv � „ci.aee. D—U.oo mmcx. d RS o,m,d,e.> ®Washington Mutual i Washington Mutual r Washington Mutual Bank,FA �.,. g Washington Mutual Bank,FA Oroville Financial Center 1498 Oroville Financial Center 1498 2oo1 Oro Dam Boulevard East t' �'��o 0 2 1 Oro Dam IvO.E 1-800-788-7000 /('.//Orovi/ll`o.CA 95968• Asa er Se vw rovflleA 9 6 24 how Customer Semite FOR 1 / U/ lfT i 1 1 `'v' G• MEMO I: 32227L6271:8791,1033328111611' 0658 _ �1: 32227L6271: 879033328611' 079 ONARLAND CoZSfo3 2J?4'7 3,S1(. 150- _ r - -� - DATE RECEIPT TOTAL PUBLIC PUBLIC ENV. NOE/NOD NO. RECEIVED WORKS LAFCO' PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT RECEIVED FROM - m RECEIPT c^1-2 ^ C4 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING IS D BY DEPARTN&I T OF DEVELOPMEP-- SERVICES BUTTE COUNTY UNIFORM APPLIk-ATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: VlLJ—A O' OCL O LL-C- 03 l - 27 S - 00 S ADDRESS: STREET,CITY,STATE,&ZIP CODEFILE NUMBER: (FOR OFFICE USE) tx -1 - S 67 & R Z- OS/03 NAMF 01: PROPOSED PROJECT(If any) TELEPHONE: VkLx-A LOCATION OF PROJECT(Major cross streets and Address,if any) PtyrTl+-10Z- Ave-. GENERAL INFORMATION REQUIRED c4 9S�G S OWNER'S NAME: TELEPHONE: Vtwh b' o X:Q, ( 1'30 ) 53 z_ 0-7 3$ ADDRI:SS: CITY,STATE,&ZIP CODE: 1q lb l2'1� S OR dJl�-t 'n5-tk-0 `LONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres) k -?- .- 4o4 \ti.l bJ SvtA aZ CoM P uEI)cV/-c2 .(O A-C- . EXISTING STRUCTURES(in Square Feet) PROPOSED STRUCTURES(in Square Feet) Sr`E PLA-0 — (- h -4 NonJIE (Check One) (Check One) PROI'I:RTY IS OR PROPOSED TO BE SEWERED [ 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 APPLICATION REQUESTED GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP REZONE ❑TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION VARIANCE ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN DEVELOPMENT AGREEMENT ❑OTHER PROJECT DESCRIPTION DULL DF-SC:RIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size ol'parccls.) OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY TH L OF THE ABOV NFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidav' auth i tion Incl th fidavit with this application.) I i DATE: W ���0 3 SIGNATURE. K:\FOIZMS\UNIFORM APPLICATION ge 1-of 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: MkuWL. & . OVA-t-JS Phone Number( 530) 5,70 Print Mimc- r Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN� o _ Zi S _ 0c) This authorization allows representation for all applications, hearings, appeals, etc. and to sign-all documents necessary for said processing, but not.including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) V,t-j-h lb a(IO PochT►eS t c W S irt-ve11 G t 'L to(Le'�c r7./ P Print \nmc Print Name Sigi60reSignaRu'e' Architect and/or Engineer: Phone Number(�'; ) 1 2-011 Print Name ol'Architect/Engineer f'Vk D i1 c ijS'k . q�c�ww� Ck Ct Mailing Address FOR OFFICE USE ONLY Verily: Date Received: Total Amount Received: ❑ AP Number(s) ❑ Legal Description ❑ Owners Authorization ❑ Zoning Requirements ❑ Project Description ❑ Copies of plot plan Taken by: Receipt No. PW/LD Plan E.H. CDF NOD/NOE Fees Payment of the currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. Current fee for this application is as of Make check payable to "Butte County Treasurer". KArORhlS\UNIFORM APPLICATION Page 2 of 2 I COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: VILLA b� o'er PX-0PEV-T_%E_-5 2. Address of project: Assessor's Parcel Number: 0 3 k -2'1 S- 00 S 3. Name, address, and telephone number of person to be contacted concerning this project: kAktAR£L- C V A-,vJ S 1 t)LLE P t F o(-QJ k\- .E A A Sg ko to 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: &,A A . 5. Existing general plan designation: tA 172- ? PoSE tiw-S7-4V` 6. 'Existing zoning district: P' _V__ pqi_0 PDS ZtJ-�USTJL1kL-- 7. How is land currently used? VKA-wy4Qk &A oLLJ€ o�L V_�teu-4 R_k ucy _cl v l i w � Ptd_r kTs 8. Proposed use of site (Project for which this form is filed): FZ�c7.lOVA-'�c �-prSs bjk%_- �+J S1 S A---.1 S �RJhI S A d FQ2 c.� u Sit�- Project Description: 2 ` -dr-�� 9. Site size: � (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: ZD Compact: S Total: 2S 11. Plans attached: Yes 4- No 12. Proposed development scheduleOiJ� 13. Associated projects �y NE 14. Anticipated incremental or phased development yJ0 ❑Butte County Department of Development Services❑ Planning Division ❑ 0 Attach description of project containing the following infor :ion: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N _/V 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. (AQV--QaklAJ AT TtihS -n KIE , SCE P"TF-C-T- nEi&c-t. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N ,A 19. If the project involves a minor variance, conditional us rezoning a plication, or any development permits, state this and indicate clearly why the application is r d. If permits have already been issued, please attach as Exhibit (?.c ZoU€ 4o SPA Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. OR-1lo%tJ A L U,SC' k!& t%J1jJ S'tn-t Ah,. TO R-�UA--n/ - K 23. Significant amounts of solid waste or litter. 24. Change indust, ash, smoke, fumes or odors in vicinity. K 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. X 28. Use of, or disposal of potentially hazardous materials, Nrl such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. u O Butte County Department of Development Sewices ❑ Planning Division O • Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. S nCIL . 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my .ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Si nature K:\Planning\FORMS\Submittal\ENV-INFO.FRM ❑ Butte County Department of Development Services ❑ Planning Division 0 GENERAL PLAN AMENDME- . APPLICATION PACKET CHECKLIST The following items are required to be submitted at the time of application: Applicant Planner 1. CEZ completed,signed,Uniform Application and Environmental information form. If the application is signed by an agent for the property owner,an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. LOVA complete, signed Environmental Information Form. 3. LJ Please be advised that public General Plan Amendments are heard twice a year; once in April and once in October. The deadline for submittal for April is September 30th. The deadline for submittal for October is March 31st. If an Environmental Impact Report is required, more review ,time will be needed. (Planner advises applicant) 4. ❑ If the General Plan Amendment involves more than one parcel,a petition signed by a minimum of kl�3 t-11 A— 60% of the owners of the parcels affected,must be submitted. 5. AJ LIA A Copy of the Grant Deed, a map of property showing the precise boundaries and/or a legal description. 5V1E- PvE%Lf,N-- 9g'S C-h-- - — 4ff?c0h81 T "4 Got_.jWCj 6. C9 ❑ Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains). (Planner advises applicant) s 10 0� 7. LM Thirty-five(35) copies of plans which shall include a detailed site plan drawn to scale. All plans. shall be drawn on uniform size sheets no greater than 24"X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed plan must include: a. LJ Name and address of Applicant,Engineer and/or Surveyor b. LW Assessor Parcel Number(s)and the street address. c. LLX Property lines, lot dimensions, city and special district boundaries (if applicable),existing general plan and zoning designations for the property which are within 100 feet of the boundaries of the property. IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 d. Dimensioned locations of existing and proposed improvements on the property(including, but not limited to,buildings,driveways,parking areas,wells, septic tanks and leach fields). For vacant property, or in other circumstances, this requirement may be waived by the Director of Development Services or the Director's designee. Waves ❑ YES ❑ NO e. CJ For vacant or substantially undeveloped land show contours as per USGS maps or better. f. Distances from any significant natural and constructed features of the property, such as streets, access roads, streams,rock outcroppings,major tree stands, storm drains,bodies of water,railroads,to the property lines. g. 0 0 North arrow and scale of drawing. All plans shall be drawn to an engineering scale with a preferred scale of 1" =20',with a north arrow preferably oriented to the top of sheet. h. Vicinity map. I. LJ All plans must be clear and legible. One copy of an 8 1/2" x 11" transparency reduction of the detailed site plan. OIL 6* 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 Comniissioner. Signa re: Date: Applicant/Representative Signature: QDate: PlannQg Receiving Application IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 REZONE APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet.. Please include this checklist along with you submittal. Applicant Planner 1. it �A completed, signed, Uniform Application ar..d Environmental Information form. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. ❑ ❑ If the rezone involves more than one parcel, a petition signed by a minimum of 60% of the —A owners of the parcels affected, must be submitted. 3. D A Copy of the Grant Deed, a map of property showing the precise boundaries and/or a legal description. 4. El Payment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains). (Plannner advises applicant) 5. ❑ Thirty-five (35) copies of plans which shall include a detailed site plan drawn to scale. All Spm plans shall be drawn on uniform size sheets no greater than 24" X 36". The finished plans shall be folded to 8 1/2" x 1 V. The detailed site plan must include: a.—,a Name and address of Applicant, Engineer and/or Architect b. Assessor Parcel Number(s) and the street address. c. eEl— E3 Property lines, lot dimensions, city and special district boundaries (if applicable), existing general plan and zoning designations for the property and within 100 feet of the boundaries of the property. d. Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks and leach fields). For vacant property,or in other circumstances,this requirement may IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 be waived by the Director of Development Services or the Director's designee. Waved ❑ YES ❑ NO e. E U For vacant or substantially undeveloped land, show contours as per USGS maps or better. f. E Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains. bodies of water, railroads, to the property lines. g. North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" =20', with a north arrow preferably oriented to the top of sheet. h. Vicinity Map I. LJ All plans must be clear and legible. 6 One copy of an 8 1/_" x 11" transparency reduction of the detailed site plan. 2p t b�� CCIaj/ Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Date: Applicant/Representative Signature: CIA14L Date: b Pla in Receiving Application K:\forms\submita]Vezone.frm IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 NOTICE OF DETERMINATION :-30 TO: ® Butte County Clerk � 2005 ❑ Office of Planning and Research 1400 Tenth Street CANUACE J.� BUTTE CLERK P.O.Box 3044 dY —UEPU� Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services,Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 031-275-005 Project Title: GPA/RZ 03-03,General Plan Amendment Applicant: Villa D'Oro Properties LLC, 1245 Oro Dam Blvd., Suite 51-1,Oroville, CA 95965 Contact Person: Dan Breedon Telephone Number: 538-7601 Project Description: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R(Agricultural Residential)to L-I(Limited Industrial). Project Location:. at the northeast corner of 12th Street and Feather Avenue,Thermalito area. State Clearinghouse Number(If submitted to clearinghouse): 2004072124 This is to advise that the Butte County Board of Supervisors has approved the above-described project on 11/9/2004 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 pro:ect pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not,made a condition o=the approval of the project. 5. A statement of overriding considerations❑was, ®was not, adopted for this project. This is to certify that the final EIR,with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Cer_ter Dj oville, CA 95965 Yv nne C opher Director-Development Services Mitigation Measures: Mitigation Measure#1 In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain in full effect the following measures (Mitigation Measure#1): a. Welding activities are restricted to the interior of building "N" only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. A live/work unit shall be designed to.accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Live/work units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies as determined by the Chief Building Official. e. Any new construction, not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: 0 Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Rear yard: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Minimum front yard setback: Twenty (20) feet from the edge of the ultimate right-of- way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25)feet from the right-of-way. f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at the property line at all times. I.' Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. � r m. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of the Butte County Code as follows: All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way with openings for walkway or drive purposes in accordance with county standards. An additional five (5) percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats, motorcycles, and recreational vehicles, vehicle detailing and painting, upholstery etc.) is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise, odor, smoke, dust, bright light/glare, heat, noxious gasses, vibration, pollution, traffic congestion, unsafe access, or other public nuisance as defined under Butte County Code Section 32A-2, are prohibited. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: The Department of Development Services shall monitor compliance through g P P P g routine inspection and reviews. Mitigation Measure#2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work-within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure#4: Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue, 12"' Street, and Corona Avenue shall be available for the use of responding emergency vehicles. Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with Butte County Fire and local agencies. MitilZation Measure#5: Prior to the issuance of building permits for any new buildings a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Plan Requirements: The applicant shall submit the required drainage plan to the Public Works Department for review and approval. Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Mitigation Measure#6- A Conditional Zoning Agreement, between the County and applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows: This C-2 (General Commercial) zone is restricted to the following uses: a. Light manufacturing uses and a 520 sq. ft. welding shop accessory to the Cultural Studio and Live/work Units, as provided for under the C-2 (General Commercial) zone. b. 12 multiple family dwellings with (9) to be occupied as live/work dwelling units in conjunction and accessory to the Cultural Studio, (1) to be used as an owner occupied residence, (1) guest residence, and (1) caretaker's residence. The live/work dwelling units to be leased to artisans and craftsman who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to.be removed, cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25 space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit -pursuant to Butte County Code Section 24-300. k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. Zone to be subject to all conditions and mitigation measures placed upon the Use Permit. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. Mitigation Measure#7: Perform the following to the satisfaction of the'California Department of Forestry: 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter.. 2. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing 300 feet, hydrant size 6 inches., and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval;prior to construction of facilities. 3. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Plan Requirements: Requirements shall be complied with during all times of construction and operation. Timing: Requirements shall be applicable prior to all operations. Monitoring: The Department of Development Services shall ensure compliance in conjunction with Butte County Fire. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Villa D' Oro Properties LLC 1245 Oro Dam Blvd., Suite 51-1 Oroville, CA 95965 Project Title/File Number: General Plan Amendment, GPA/RZ 03-03 APN: 031-275-005 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): #21247 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: January 26, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALLENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec.711.4;Section 753.5c,Title 14,California Code of Regulations) Project Title/Butte County Location: GPA/RZ 03-03, at the northeast corner of 12th Street and Feather Avenue, Thermalito area. Project Description: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R(Agricultural Residential) to L-I (Limited Industrial). Findings of Exemption(attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: �4 Y onne Cb4stophef Director- Development Services Lead Agency: County of Butte Board of Supervisors Date: January 26, 2005 STEVEN SEIDENGLANZ 90-7162-3222 791 CAROL SEIDENGLANZ / PROPERTY ACCOUNT 1245 ORO DAM BLV .,SUITE 51-1 ATE O OVILLE 95965 PAY TO THE G \tel V ll ORDER OF RS Washington Mutual g Washington Mutual Bank,FA g Otoville Financial Center 1498 2 91 Oro Dam Iva.E 1.800-lee-70110 roville, 'A 9� 6 24 how Cunomm SerAm MEMO 1: 32227 1= 271: 8790333286113 0 ?9 )D OTHER APPLICANT RECEIVED FROM E RECEIPT. 21247 IS7D BY t s` : rSE Loappa ,olisFydap=fn3euez iati_ri�a=:.w =,tdd -------------- .� _r •" ( '` f - 1!l4 ;666```}}} 7.\` lll ` Mens Woo -I 0191 Y CBMI9338 :AS :'vs if' ` C��'c'S 2sj�1 :8tcv S m.- W891016- S&EZPIW L-WISIR CUM ������ ��i�'i��soyo-4310 i0k,1009i. .00TV M�- � E; Ca €y ag- M tip 3 € a g-,_c :r-,viRTt?gv -'esyut42m ls+dS'.}.Ed So'�1i8sr{t�' i.s`i"Bll: a1,!v-�le. iurkoku-t` .1 q' dam•, 3.�4ac�nT4 ffsIlu" �':.i�-MY7 'I�'-W �'�'eMOG S b� _u"rfiCf*- ae PB`r l '? y % T7�7 s ,E 3stagy= �a�a �eo � W- RING i€so4d by el e` Xi -��a.03 R.003 ERQ03 .3c LP.",OO =MULlt➢ ®�19L--R-30 SC VIEZ. �;-.y� �" c� •:,,'+ilei 2':J �Fk..s� +..E.::•.:c- «:r fes:k- � '�j:_'S¢y.,b y-�,•�" .:': .L„-��{S i`r:�`; '4' ,i`r.r t v_<�:'n�{M:�jyC;. ,+� Lei.[i!•V (�i �V.."�•:�[�..-�.,.{' 7/26/2005 Butte County Department of Development Services 9:55 AM Pre-Bill Worksheet Page 1 Nickname Villa D'Oro.GPA/RZ 03-03 1 GPA/RZ 03-03 ',Full Name Villa D'Oro Properties LLC Address Steve Seidenglanz 1245 Oro Dam Blvd., Suite 51-1 Oroville CA 95965 Business Fax Home Other In Ref To ' - AP 031-275-005; submitted concurrently with UP 04-1 -Seidenglanz Notes Date Employee Rate Hours Amount Total ID Task Markup% DNB Time DNB Amt 7/8/2003 Craig 59.00 0.08 4.92 Do Not Bill 43 Circulation- Planner 0.08 4.92 Determine an application's completeness/circulate for staff comments/analysis. 7/8/2003 Lynn 45.00 0.55 24.75 Billable 63 Clerical Activities Set up file 7/8/2003 Lynn 45.00 0.72 32.25 Billable 66 Clerical Activities Set up file 7/9/2003 Roni 34.00 1.00 34.00 Billable 82 Clerical Activities Set up file. 7/30/2003 Dan 59.00 1.00 59.00 Billable 925 Meeting- Planner Time spent in meetings (IDR) 8/20/2003 Dan 59.00 1.25 73.75 Billable 1392 Site Review Field review of project site/vicinity including travel time. 8/20/2003 Dan 59.00 0.75 44.25 Billable 1393 Meeting-Planner Time spent in meetings (Not incl. Public Hearings). 9/10/2003 Dan 59.00 1.14 67.13 Billable 1903 Correspondence- Planner Letters generated by planner regarding the project or application. 10/1/2003 Dan 59.00 1.00 59.00 Billable 2112 Circulation- Planner Determine an application's completeness/circulate for staff comments/analysis. 1/29/2004 Dan 59.00 1.00 59.00 Billable 3025 Circulation- Planner Determine an application's completeness/circulate for staff 7/26/2005 Butte County Department of Development Services 9:55 AM Pre-Bill Worksheet Page 2 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC (continued) Date Employee Rate Hours Amount Total ID Task Markup% DNB Time DNB Amt comments/analysis. 7/15/2004 Dan 59.00 2.00 118.00 Billable 4833 CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/16/2004 Dan 59.00 3.50 206.50 Billable 4839 CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/30/2004 Dan 59.00 1.75 103.25 Billable 5002 Report Wor Project Analysis Reports and/or project analysis related to the application. 8/2/2004 Dan 59.00 3.00 177.00 Billable 5012 Report Wor Project Analysis Reports and/or project analysis related to the application. 8/3/2004 Dan 59.00 4.00 236.00 Billable 5023 Report Wor Project Analysis Reports and/or project analysis related to the application. 8/10/2004 Dan 59.00 2.50 147.50 Billable 5125 Report Wor Project Analysis Reports and/or project analysis related to the application. 8/16/2004 Dan 59.00 0.58 34.42 Billable 5213 Report Wor Project Analysis Reports and/or project analysis related to the application. 8/24/2004 Cheryl 45.00 0.05 2.25 Billable 5434 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 8/26/2004 Dan 59.00 0.50 29.50 Billable 5497 Hearing-Planner 8/31/2004 Dan 59.00 1.00 59.00 Billable 5567 Report Wor Project Analysis Reports and/or project analysis related to the application. 9/1/2004 Dan 59.00 2.00 118.00 Billable 5577 Report Wor Project Analysis Reports and/or project analysis related to the application. 7/26/2005 Butte County Department of Development Ser\Aces 9:55 AM Pre-Bill Worksheet Page 3 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC (continued) Date Employee Rate Hours Amount Total ID Task Markup% DNB Time DNB Amt 9/2/2004 Dan 59.00 1.00 59.00 Billable 5583 CEQA Prepare initial studies, mitigations, neg. dec EIRs including analysis 9/9/2004 Dan 59.00 1.00 59.00 Billable 5643 Hearing- Planner 10/14/2004 Dan 59.00 1.75 103.25 Billable 6142 Report Wor Project Analysis Reports and/or project analysis related to the application. Board Report 10/15/2004 Dan 59.00 0.65 38.35 Billable 6161 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/18/2004 Dan 59.00 3.00 177.00 Billable 6173 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/29/2004 Dan 59.00 4.00 236.00 Billable 6413 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/29/2004 Dan 59.00 2.00 118.00 Billable 6414 Report &/or Project Analysis Reports and/or project analysis related to the application. 11/1/2004 Lynn 45.00 1000.00 44,999.99 No Charge 6428 Packets -Clerical 1000.00 44,999.99 Prepare packets for meetings/mailings. 11/9/2004 Cheryl 45.00 0.33 15.00 Billable 6535 Administrative-Clerical Time spent on billing and other administrative tasks not related to processing . 7/21/2004 Roni 34.00 . 0.50 17.00 Billable 6674 Publication-Clerical Time spent preparing& publishing for Hearing related to applicant. 8/11/2004 Lynn 45.00 0.50 22.50 Billable 6675 Publication-Clerical Time spent preparing& publishing for Hearing related to applicant. 7/26/2005 Butte County Department of Development Services 9:55 AM Pre-Bill Worksheet Page 4 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC(continued) Amount Total TOTAL Billable Fees 44.02 $2,529.65 Do Not Bill 0.08 $4.92 No Charge -000.00 $44,999.99 Date Employee Price Quantity Amount Total ID Expense Markup % 8/14/2004 PUBLISH 70.00 1.000 70.00 Billable 5128 Publishing Expense Publish in Newspaper Chico ER 8/14/04 F05-030 7/24/2004 PUBLISH 85.22 1.000 85.22 Billable 5158 Publishing Expense Publish in Newspaper Chico ER 7/24/04 F05-014 TOTAL Billable Costs $155.22 Amount Total Total of Fees (Time Charges) $2,529.65 Total of Costs (Expense Charges) $155.22 Total new charges $2,684.87 Accounts Receivables DatelID Type Description 6/26/2003 CRED Credit-Initial Deposit ($2,300.00) 42 Receipt 21247, Check0658 6/26/2003 INV Invoice-NOD/NOE Filing Fee due $36.00 43 6/26/2003 PAY Payment -Thank you ($36.00) 44 12/8/2004 PAY Payment ($384.87) 1384 Receipt#418754Thank you! Total Accounts Receivable ($2,684.87) Total New Balance $0.00 7/26/2005 Butte County Department of Development Services 9:55 AM Pre-Bill Worksheet Page 5 Villa D'Oro.GPA/RZ 03-03:Villa D'Oro Properties LLC(continued) Amount Total Amount to replenish account to$3,000.00 $3,000.00 Employee Summary Employee Rate Hours Charges Slip Value Adjustment DB 59.00 40.37 $2,381.90 $2,381.90 0.00 LR 0.08 1001.77 $79.50 $79.50 0.00 CAS 45.39 0.38 $17.25 $17.25 0.00 RT 34.00 1.50 $51.00 $51.00 0.00 �a NOTICE OF DETERMINATION TO: ® Butte County Clerk L� MAR � 200 El Office of Planning and Research - 1400 Tenth Street ------ P.O. Box 3044 CANDACE 1.�"3BS,BO E�0 C Uw Sacramento, CA 95812-3044 FILING NO. BY FROM: Butte County Department of Development Services,Planning 7 County Center Drive,Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 031-275-005 Project Title: GPA/RZ 03-03,'General Plan Amendment Applicant: Villa D'Oro Properties LLC, 1245 Oro Dam Blvd., Suite 51-1,Oroville, CA 95965 Contact Person: Dan Breedon Telephone Number: 538-7601 Project Description: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R(Agricultural Residential)to L-I(Limited Industrial). Project Location: at the northeast corner of 12th Street and Feather Avenue,Thermalito area. State Clearinghouse Number(If submitted to clearinghouse): 2004072124 This is to advise that the Butte County Board of Supervisors has approved the above-described project on 11/9/2004 and has made the following determinations regarding the above-described project: 1. The project❑will, ®will not,have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not,made a condition of the approval of the project. 5. A statement of overriding considerations❑was, ®was not, adopted for this project. This is to certify that the final E1R,with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center D9' oville, A 959, 5 Y nne C i s opher / Director-CD evelopment Services Mitigation Measures: ` Mitigation Measure#1 In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain in full effect the following measures (Mitigation Measure#1): a. Welding activities are restricted to the interior of building "N" only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Live/work units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies as determined by the Chief Building Official. e. Any new construction, not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: • Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Rear yard: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Minimum front yard setback: Twenty (20) feet from the edge of the ultimate right-of- way from all public or private roads except where the road is classified as a federal aid road, in which case the setback shall be twenty-five (25) feet from the right-of-way. f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at the property line at all times. 1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. in. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10. (e) of the Butte County Code as follows: All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way with openings for walkway or drive purposes in accordance with county standards. An additional five (5) percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair (e.g. body or mechanical work, including boats, motorcycles, and recreational vehicles, vehicle detailing and painting, upholstery etc.) is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise, odor, smoke, dust, bright light/glare, heat, noxious gasses, vibration, pollution, traffic congestion, unsafe access, or other public nuisance as defined under Butte County Code Section 32A-2, are prohibited. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: The Department of Development Services shall monitor compliance through routine inspection and reviews. Mitigation Measure# 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure #3: Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. Mitigation Measure#4: Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue, 12`h Street, and Corona Avenue shall be available for the use of responding emergency vehicles. Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with Butte County Fire and local agencies. Mitigation Measure#5: Prior to the issuance of building permits for any new buildings a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Plan Requirements: The applicant shall submit the required_ drainage plan to the Public Works Department for review and approval. Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Mitig ation Measure#6: A Conditional Zoning Agreement, between the County and applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows: This C-2 General Commercial zone is restricted to the following uses: ( ) g a. Light manufacturing uses and a 520 sq. ft. welding shop accessory to the Cultural Studio and Live/work Units, as provided for under the C-2 (General Commercial) zone. b. 12 multiple family dwellings with (9) to be occupied as live/work dwelling units in conjunction and accessory to the Cultural Studio, ,(1) to be used as an owner occupied residence, (1) guest residence, and (1) caretaker's residence. The live/work dwelling units to be leased to artisans and craftsman who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to be removed, cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25 space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit pursuant to Butte County Code Section 24-300. k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. Zone to be subject to all conditions and mitigation measures placed upon the Use Permit. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. Mitigation Measure#7: Perform the following to the satisfaction of the California Department of Forestry: 1. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 2. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 3. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. Plan Requirements: Requirements shall be complied with during all times of construction and operation. Timing: Requirements shall be applicable prior to all operations. Monitoring: The Department of Development Services shall ensure compliance in conjunction with Butte County Fire. DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Villa D' Oro Properties LLC 1245 Oro Dam Blvd., Suite 51-1 Oroville, CA 95965 Project Title/File Number: General Plan Amendment, GPA/RZ 03-03 APN: 031-275-005 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ® B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION- FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. OTHER(Specify) ❑ $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # 21247 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director- Development Services Lead Agency: Butte County Department of Development Services Date: January 26, 2005 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE E�MPTION De Minimis Impact Finding (Fish and Game Code Sec.711.4; Section 753.5c,Title 14,California Code of Regulations) Project Title/Butte County Location: GPA/RZ 03-03, at the northeast corner of 12th Street and Feather Avenue, Thermalito area. Project Description: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R(Agricultural Residential) to L-I (Limited Lzdustrial). Findings of Exemption(attach as necessary): 1. The County of Butte has conducted an Initial Study and prepared a Negative Declaration so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substzntial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: , Y or 4s ophe Director- Development Services Lead Agency: County of Butte Board of Supervisors Date: January 26, 2005 ....... ....... - STEVEN SEIDENGLANZ �' 0 6 5 8 STEVEN SEIDENGLANZ 90-7162-3222 CAROL SEIDENGLANZ CAROL SEIDENGLANZ 7 91 PROPERTY ACCOUNT 90-7162/3222 / 4514 PACIFIC HEIGHTS ROAD DATE PROPERTY ACCOUNT An /� �^ OROVILLE,C 95965 1245 t%OJR DAM BLV .,SUITE 51-11245 DAM BLV .,SUITE 51-1 1ZOVILLE 95965 PAY TO G ` do` PAY TO THE ORDE F ORDER OF It DOLLARS L� sem.Qrowa RS ®Washington Mutual Washington Mutual Washln8ton Mutual Bank FA �., _ �' Washingron Mutual Bank FA Or"I le Rnannal Center 1498 Orovlila Rnencial Center 1498 2001 Oro Darn Boulevard East 1-600•7ea-7wo 0 2 1. Dam 1v6.E 1-8114788-7D00 �� �ille, 9W'6. Eu8• i(�1Qr�0=°f$e1"�O royllte,�A 9 6 24 hour customer Bervice FOR ()/ \�\"(Y�1/ MEMO -1: 3222716271:879181033328x11611■ 0658 1: 32227i6271: 879033328611' 079 .... ....... ----- ................. .. ....... . .... ....... ....... ....... RL CHAAND QSD� - . DATE RECEIPT TOTAL PUBLIC PUBLIC ENV. NOE/NOD - .�• r NO. RECEIVED WORKS LAFCO PLANNING SALES HEALTH FIRE F/G FEE OTHER APPLICANT - RECEIVED FROM 6 / ' J 3.-V2 :RECEIPT... �2-1247 OFFICIAL RECEIPT - - COUNTY OF BUTTE _ STATE OF CALIFORNIA OFFICE OF PLANNING 1S D BY u yr Butte County Department ofDevelopment .Servlces o�e1 T r�o PLANNING DIVISION C , \ I G 7 County.Center Drive o o Oroville, CA 95965 C =v C C o (530) 538-7601 Telephone �, y (530) 538-7785 Facsimile 0UN'� ADMINISTRATION * BUILDING * GIS * PLANNING 9/10/2004 Steve Seidenglanz Villa D'.Oro Properties LLC 1245 Oro Dam Blvd., Suite 5 1-1 Oroville, CA 95965 Re: General Plan Amendment, GPA/RZ 03-03, APN: 031-275-005 Dear Mr. Seidenglanz: At the regular meeting of the Butte County Planning Commission held September 9, 2004, your request for a General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial), on property zoned A-R (Agricultural-Residential), was recommended for approval b the Board of Supervisors. The property is located at the northeast comer of 12th Street and Feather Avenue, Thermalito area. A report of this matter will be made to the Clerk of the Board of Supervisors at which time they will set a public hearing date and you will be notified of the date and time. Should you have any questions regarding this matter, please contact Dan Breedon at 538-7603 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lym1 Richardson Planning/Administrative Support Services Assistant cc: Michael Evans, Evans Fun Works Butte County Departnent ofDevelopment Services 0�O T Tho PLANNING DIVISION o 0 7 County Center Drive o 0 Oroville, CA 95965 0 = `= ®,; o 0 `— - o (530)538-7601 Telephone �, y (530)538.7785 Facsimile DUN'S ADMINISTRATION * BUILDING * GIS * PLANNING July 25, 2003 Villa D' Oro Properties LLC 1245 Oro Dam Blvd., Suite 5 1-1 Oroville, CA, 95965 Re: General Plan Amendment, GPA/RZ 03-03, 031-275-005 Dear Mr. Seidenglanz: At the regular meeting of the Butte County Board of Supervisors held November 9,2004 they adopted Resolution 04-208 approving a General Plan Amendment to Commercial and Ordinance 3888 rezoning from A-R(Agricultural Residential)to C-2(General Commercial)that property located at the northeast corner of 12th Street and Feather Avenue,Thermalito area,subject to a Conditional Zoning Agreement. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply. Should you have any questions regarding this matter, please contact Dan Breedonat 538-(530) 532- 0738at the Planning Division between the hours of 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, 4X,X_ Lynn Richardson Planning/Administrative Support Service Assistant Documentl �,'�•. til� •. ... .h, . =; I _.,,,._:���•=;fir -a3•. LAN D OF NATURAL WEALTH AND BEAUTY y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 November 10, 2004 Steve Seidenglanz Villa D' Oro Properties LLC 1245 Oro Dam Blvd., Suite 5 1-1 Oroville, CA 95965 Re: Conditional Zoning Agreement,File GPA/RZ 03-03 Dear Mr. Seidenglanz: Enclosed is the Agreement approved by the Butte County Board of Supervisors on November.9, 2004. The signature must be Notarized before this Agreement can be recorded. Please have this Agreement signed, notarized and returned to this office by November 17, 2004, to expedite the publication process. Pursuant to government Code Section 25124, (2) (c), if the Clerk of the Board is unable to publish the ordinance within 15 days after the date of adoption, the ordinance shall not take effect until 30 days after the date of publication. Should you have any questions regarding this matter, please contact Dan Breedon at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr Enc. EXHIBIT A Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of ,2004,by and between Steve Seidenglanz,Villa D'Oro Properties,LLC,herein called"Owner",and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte,which Property is described as follows: All that certain real property situated in the unincorporated area of Butte County, California, being a portion of Block 80,as shown on that certain map entitled,"Map of Thermalito,Butte County Cala.",which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 8, 1887, and being more particularly described as follows: Beginning at the southeast corner of 12' Street and Corona Avenue, in Thermalito, Butte County,State of California,as said Street and Avenue are shown on that certain map entitled, "Official Map of Corona Terrace",which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12ie Street to the south line of Block 80 and the north line of Feather Avenue;thence East 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County, Inc., recorded September 12, 1991 in the Office of the Recorder of the County of Butte,State of California, under Recorder's Serial Number 91-37686;thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest corner thereof;thence North 139 feet along west line of the Community Action Agency parcel to the south line of said Corona Avenue; thence along the south line of said Corona Avenue West 423 feet, more or less, to the Point of Beginning. TOGETHER with a 10-foot wide strip of right of way lying contiguous to, parallel with and adjacent to the west and south lot line of the said Block 80 of Thermalito. EXCEPTING THEREFROM the portions lying outside of the 20-foot radius returns at all corners of said Block 80 of Thermalito. Containing 2.10 acres more or less. WHEREAS,the Property is now zoned A-R(Agricultural Residential)and is designated as Low Density Residential by the Butte County General Plan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-2(General Commercial)and for a re-designation from its present General Plan designation to Commercial; and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte,State of California,and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification and General Plan re-designation of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-2 and General Plan re-designation to Commercial is being granted and will be enacted by ordinance and resolution,respectively, the said reclassification and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following Conditions: Planning Division: Prior to Use Permit issuance, the concurrently submitted General Plan Amendment and Rezone(GPA/RZ 03-03) shall be approved by the Butte County Board of Supervisors. 1. In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain in full effect the following measures (Mitigation Measure#1): a. Welding activities are restricted to the interior of building"N"only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation,interior storage,flooring,and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Live/work units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies as determined by the Chief Building Official. e. Any new construction,not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: • Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use,in which case the side yard shall be not less than ten(10) feet. • Rear yard: None,except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Minimum front yard setback: Twenty(20)feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road,in which case the setback shall be twenty-five (25) feet from the right-of-way. f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at the property line at all times. 1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. m. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10.(e)of the Butte County Code as follows: All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten(10) feet of said street right-of-way with openings for walkway or drive purposes in accordance with county standards.An additional five(5)percent of the gross lot area shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair(e.g.body or mechanical work,including boats, motorcycles,and recreational vehicles,vehicle detailing and painting,upholstery etc.) is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise,odor, smoke,dust,bright light/glare, heat,noxious gasses, vibration,pollution, traffic congestion, unsafe access, or other public nuisance as defined under Butte County Code Section 32A-2, are prohibited. r. Hours of operation for the facility shall be limited to 8:00 am to 5:00 pm, seven days a week. s. Parking shall be provided pursuant to Butte County Code 24-240, and shall be based on the square footage of the proposed indoor gallery. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: The Department of Development Services shall monitor compliance through routine inspection and reviews. 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction,water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds - 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. (Mitigation Measure#2) Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations,including arrowheads and other stone tools or chipping debris,cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately,pursuant to State law,to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered,the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue., 12th Street,and Corona Avenue shall be available for the use of responding emergency vehicles. (Mitigation Measure#4) Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with Butte County Fire and local agencies. 5. A Conditional Zoning Agreement,between the County and applicant,shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows (Mitigation Measure#6): This C-2 (General Commercial) zone is restricted to the following uses: a. Light manufacturing uses and a 520 sq.ft. welding shop accessory to the Cultural Studio and Live/work Units,as provided for under the C-2 (General Commercial) zone. b. 12 multiple family dwellings with (9) to be occupied as live/work dwelling units in conjunction and accessory to the Cultural Studio,(1) to be used as an owner occupied residence, (1) guest residence, and (1) caretaker's residence. The live/work dwelling units to be leased to artisans and craftsman who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding,roofing, and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to be removed, cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25-space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit pursuant to Butte County Code Section 24-300. k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. Zone to be subject to all conditions and mitigation measures placed upon the Use Permit. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. 6. Prior to Use Permit issuance the applicant shall obtain a will-serve letter from the Thermalito Irrigation District to ensure that water and sewer service can be provided to the proposed use and live/work dwelling units. Building Division 7. Building Permits Required. Prepare four sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. Public Works Department 8. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards,as specified in County Improvement Standards. The exit located close to the corner of Feather Avenue and 12th Street may cause traffic problems. Department of Public Works requires that the exit be relocated farther from the intersection. 9. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of 12th Street,Feather Avenue, and Corona Avenue along the entire property frontage. The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. 10. Prior to the issuance of building permits for new buildings submit road and drainage improvement plans for the installation and construction of the street frontage improvements on 12th Street, Feather Avenue, and Corona Avenue to RS-2A Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section. Construct or install the required improvements. 11. Perimeter fence shall provide adequate sight distance per County fencing requirements at returns on 12th Street/Feather Avenue,at 12th Street/Corona Avenue, and at driveway approaches. 12. Prior to the issuance of building permits for any new buildings a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. (Mitigation Measure#5) Plan Requirements: The applicant shall submit the required drainage plan to the Public Works Department for review and approval. Timing: The drainage.plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring • compliance with this mitigation. Butte County Fire Department/CDF 13. Perform the following to the satisfaction of the California Department of Forestry: a. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. b. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Chief. Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. c. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. (Mitigation Measure#7) Plan Requirements: Requirements shall be complied with during all times of construction and operation. Timing: Requirements shall be applicable prior to all operations. Monitoring: The Department of Development Services shall ensure compliance in conjunction with Butte County Fire. 14. Install a replacement fire hydrant on the 8-inch water main on Corona Avenue at entrance near Building'W'. 15. The existing fire sprinkler system is to be extended into units A, B, C, and Din accordance with NFPA 13 Standard for fire sprinkler installations. County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. II. In the event Owner,any successor in interest of Owner,or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(30)days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board.of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification and to redesignate the property to its present General Plan designation . III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Dated By: Steve Seidenglanz, Villa D'Oro.Properties, LLC COUNT' OF BUTTE, a political subdivision of the State of California Dated: By: Bob Beeler, Chair Butte County Board of Supervisors [Attach Notary form] K:\Planning\PROJECTS\GPA-RZ\Seidenglanz.03-03\Seidenglanz CZA.doc --�, �� • 0 V •V• ------------ WV ER TIP IT-1- i - u_ Tf- s rz Y-d 1 "jo) Q�) tD 04 - ,p� �� -T-JA- `� ,1- 1 �. Q� •r R BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Steve Seidenglanz, Villa D' Oro Properties, LLC General Plan AGENDA TITLE: Amendment/Rezone Report to the Board DDS, MEETING DATE DEPARTMENT: Planning DATE: 11/1/04 REQUESTED: 11/9/04 CONTACT: Dan Breedon PHONE: 7629 REGULAR X CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Villa D' Oro Properties, LLC — proposed Negative Declaration with mitigation measures regarding environmental impacts and General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R (Agricultural-Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work faci�ity (UP 04-15) has been submitted concurrently. The project is located on the northeast corner of 12t Street and Feather Avenue (previous Villa D' Oro Olive Oil Refinery buildings) in the Oroville area. APN 031-275-005 (DB) (GPA/REZ 03-03) ACTION REQUESTED: See attached 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.) 4/5s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if required): Date Received by Clerk of the Board: 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: Planning Commission Action Report v. 06/02 7 ACTIONS FOR CONSIDERATION: The Planning Commission recommends that the Board of Supervisors take the following actions: i I. Adopt a Mitigated Negative Declaration regarding environmental impacts with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration, together with 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 Rezone and General Plan Amendment for Steve Seidenglanz, Villa D' Oro Properties LLC, Planning Division File No. . GPA/RZ 03-03 will have a significant effect on the environment. D. The proposed mitigated Negative Declaration reflects the independent judgment and analysis of the County,which is the Lead Agency. II. Adopt a de minimis exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project.will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of an adopted Habitat Conservation Plan. III. Find that the proposed General Plan Amendment is in the public interest in accordance with California Government Code Section 65358. IV. Approve the General Plan Amendment and Rezone 03-03 for Steve Seidenglanz, Villa D' Oro Properties LLC, to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from A-R (Agricultural Residential) to C-2 (General Commercial) and adopt a Resolution amending the General Plan from Low Density Residential to Commercial, property identified as a 2.10 (+/-) acre parcel, APN: 031-275-005, subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A", with the following findings: ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ 0 November 9, 2004 0 Page 5■ A. The proposed C-2 (General Commercial) zone is consistent with the proposed Commercial General Plan designation. B. The project would result in the development of limited commercial and industrial arts activity associated with a cultural center, which, with the inclusion of Mitigation Measures #1- 7, would not be objectionable, obnoxious or offensive by reason of emission of noise, smoke, dust, fumes, cinders, heat, bright lights, vibration, radiation refuse matter, or water carried waste, and which do not involve the handling of flammable, explosive, or dangerous materials. C. With the inclusion of Mitigation Measures #1 thru 7, the proposed C-2 (General Commercial) zone is compatible with the existing parcel sizes and land uses in the project area, which include parcels that are zoned A-R (Agricultural Residential) and that have a General Plan land use designation of Low Density Residential. D. The uses permitted in the C-2 zone, as limited to the development of an industrial arts facility and live/work units by the Conditional Zoning Agreement, are not incompatible with the existing or proposed residential land uses found in the vicinity of the project. E. The project site is located within the City of Oroville's Sphere of Influence. The City's General Plan designates the project for Single Family Residential Use (maximum 6 dwelling units/acre). Butte County General Plan Land Use Element Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This General Plan Amendment and Rezone is inconsistent with the City of Oroville's Single Family Residential General Plan designation. Although the City's prezoning and General Plan is inconsistent with the County's zoning and General Plan designation proposed for this site,the prezoning does not preempt the jurisdiction of the County's Rezoning and General Plan Amendment. The County has implemented special conditions for this Rezoning that shall be enforceable through a Conditional Zoning Agreement. The City's comments regarding this Rezone and General Plan Amendment are incorporated into the Conditional Zoning Agreement. F. The project shall conform to the requirements of the Butte County Fire Department/Califomia Department of Forestry with the inclusion of Mitigation Measure #7, which specifies requirements for fire hydrants, fire flows, and compliance with fire and life safety standards. G. Visual and compatibility impacts shall be mitigated through the inclusion of: (a) Mitigation Measures #1 which specifies compatibility requirements for the proposed industrial arts and live/work facility; and (b) Mitigation Measure #6 which specifies that the C-2 zone is restricted to uses, as set forth under the Use Permit concurrently submitted with this application,by a Conditional Zoning Agreement. K:\Planning\PROJECTS\GPA-RZ\VILLA D'ORO.03-03\11.9.04 Board Report.doc ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ 0 November 9, 2004 0 Page 60 TABLE OF CONTENTS Board Transmittal Form Board Agenda Report PAGE Attachment A: General Plan & Zoning Map Not numbered Attachment B: Resolution(Including Exhibit A-2, Mitigated ; Negative Declaration) 1 Attachment C: Ordinance (Including Exhibit A Conditional Zoning ) Agreement) 42 4 5 Attachment D: September 9, 2004, Planning Commission Use Permit and General Plan Amendment/Rezone, Agenda Report and Minutes 54 1 Attachment E: Comment Letters 113 Attachment F: July 24, 2003 Comment Letter from City of Oroville 115 Attachment G: Site plan BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT— November 9, 2004 Applicant/ Steve Seidenglanz, Villa Parcel Size: 2.10 (+/-) acres Appellant: D'Oro Properties LLC File#: GPA/RZ 03-03 Supervisor 4 District: APN: 031-275-005 Zone Date: February 28, 1984 Request: Planner: Dan Breedon, The applicant is requesting a General Plan Principal Planner Amendment to change the General Plan Designation from "Low Density Residential" Attachments: to "Commercial," and a Rezone to change the A. General Plan & Zoning Map zoning from A-R (Agricultural Residential) to C-2 (General Commercial). B. Resolution(including Exhibit A-2, Mitigated Negative Declaration) Location: C. Ordinance (Including Exhibit A, The project is located on the northeast corner Conditional Zoning Agreement) of 12`h Street and Feather Avenue (previous D. September 9, 2004 Planning Villa D'Oro Olive Oil Refinery buildings) in Commission Use Permit and General the Oroville area Plan Amendment/Rezone --Agenda Report/Minutes E. Comment Letters - F. July 24, 2003 Comment Letter from City of Oroville G. Exhibit Map EXECUTIVE SUMMARY: On September 9, 2004 the Planning Commission, on a 4-0 vote, acted to recommend approval of this General Plan Amendment and Rezone, the proposed Conditional Zoning Agreement, and proposed Mitigated Negative Declaration to the Board of Supervisors. ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ 0 November 9, 2004 ■ Page 1■ A Use Permit application was submitted concurrently with this General Plan Amendment and Rezone for which the Planning Commission also granted approval, contingent on approval of the GPA/RZ by the Board. The Planning Commission Agenda Reports and minutes from the September 9, 2004 meeting are attached for the Board's reference. Staff is recommending that the Board of Supervisors act to approve the General Plan Amendment/Rezone, Conditional Zoning Agreement, and Mitigated Negative Declaration, with findings. SITE CHARACTERISTICS: I. The property is currently developed with a non-operating olive oil refinery (previously known as the Coronet Olive Oil Company c. 1944 and the Villa D' Oro Olive Oil Refinery c. 1965) and a 900 square foot caretaker's quarters. 2. The refinery ceased operations approximately ten years ago. 3. Seven existing buildings (of concrete and steel construction) occupy the site, ranging in size from 425 to 7,000 square feet,and including a 4-story refinery building. 4. An abandoned smokestack occupies the site. 5. Two stone pillars are located on the south side of the site and are the remains of the Northern Electric Railroad Depot. 6. Two tanks are adjacent to the refinery building and would be removed from the site. 7. The remaining area consists of a paved courtyard located between the buildings and a grassy area south of the buildings(proposed for a parking lot). 8. Several specimen-sized Palm trees are located on the site but vegetation is, for the most part, limited to ornamental grasses and shrubs,with a few oaks and other trees. 9. Elevation is approximately 200 feet. 10. Drainage is provided by drop inlets which convey storm water to existing drainage facilities under Feather Avenue and 120'street. 11. Water and sewer supply is provided by the Thermalito Irrigation District. 12. Large load electrical facilities and a 4-inch gas main serve the site. PROJECT DESCRIPTION 1. General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R(Agricultural Residential) to C-2 (General Commercial). 2. A Use Permit proposing a live/work industrial arts facility (UP 04-15) has been submitted concurrently. 3. A Conditional Zoning Agreement, to be signed by the applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit. ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ 0 November 9, 2004 ■ Page 20 4. Uses established by the Use Permit and Conditional Zoning Agreement are as follows: a. Light manufacturing uses (manufacturing of clothing, handicraft products, printing, lithographing, and other light manufacturing or industrial uses of similar character pursuant to Butte County Code Section 24-145 (c) .(2)) and a 520 sq.ft. welding shop accessory to a Cultural Studio, as provided for under the C-2 (General Commercial) zone. b. 9 multiple family dwellings to be occupied as live/work dwelling units in conjunction with the Cultural Studio. c. 2 additional residences for owner occupation (the four-story refinery building would be developed into a personal residence) d. 1 caretaker's residence(existing). e. The live/work dwelling units to be leased to artisans and crafts persons who would live and work on site. f. The applicant to utilize the existing buildings at the site and modernize them where needed. g. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. h. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. i. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. j. Existing industrial equipment associated with the old refinery would be removed, cleaned and situated indoors and outdoors as historical art pieces. k. A small museum displaying old refinery equipment with references to historical uses is also proposed. 1. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. m. A 25 space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. n. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ 0 November 9, 2004 0 Page 3 0 PLANNING COMMISSION ACTION 1. In reviewing the General Plan Amendment and Rezone, the Planning Commission moved to allow the indoor gallery to be opened from 8:00 am to 5:00 pm seven days a week. The project originally proposed the facility to be opened only during special events. 2. During the hearing, the applicant expressed a desire to allow for public visitation to the indoor gallery during normal business hours. 3. The Planning Commission allowed for this change, and additionally required that parking for this purpose be provided based upon the size of the indoor gallery. ANALYSIS 1. Because the applicant wished to pursue a use that was not permitted, nor conditionally permitted, within the current A-R Zone, or Low Density Residential General Plan designation he is requesting a General Plan Amendment to a Commercial designation and a rezone to C-2 (General Commercial). 2. The applicant wishes to develop a live/work industrial arts facility by adapting and reusing existing buildings at this site left from a previous olive oil manufacturing plant. 3. These types of uses are permitted as accessory to a Cultural Studio, as provided for under the C-2 zone with the acquisition of a Use Permit. 4. The surrounding property consists of a residential neighborhood zoned Agricultural Residential and designated for Low Density Residential development by the General Plan. 5. The establishment of intense commercial uses, as permitted by the C-2 zone could create significant impacts on the surrounding established residential community. 6. For this reason, staff is proposing a Conditional Zoning Agreement, to be executed between the applicant and the County, to limit the proposed C-2 zone to the uses, conditions, and mitigations specified within the Use Permit. 7. Mitigation Measure #1 has been set forth in order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors. 'This mitigation is a condition of the Use Permit and listed as a condition on the Conditional Zoning Permit. 8. The Commercial General Plan designation includes six site design and development criteria, which are used to determine whether the Commercial General Plan designation is appropriate based upon compatibility and site characteristics. Based upon staff's analysis, which is set forth in the Planning Commission's Agenda Report, these criteria can be met for this project. 9. The Commercial General Plan designation also includes five Zoning Factors that are used in choosing the most appropriate zoning classification. Based upon staff's analysis, which is set forth in the Planning Commission's Agenda Report, these factors can be met for this project. 10. California Government Code Section 65358 indicates that amendments to the General Plan can be approved by the legislative body when they are found to be in the public interest. 11. The Planning Commission found that the adaptive reuse of this site for an industrial arts live/work facility could be considered beneficial to the surrounding neighborhood since it would eliminate a vacated land use and replace it with a compatible commercial use. ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ ■ November 9, 2004 ■ Page 40 ACTIONS FOR CONSIDERATION: The Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Mitigated Negative Declaration regarding environmental impacts with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Board of Supervisors has considered the proposed Mitigated Negative Declaration, together with 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 Rezone and General Plan Amendment for Steve Seidenglanz, Villa D' Oro Properties LLC, Planning Division File No. GPA/RZ 03-03 will have a significant effect on the environment. D. The proposed mitigated Negative Declaration reflects the independent judgment and analysis of the County,which is the Lead Agency. II. Adopt a de minimis exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required. The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act; interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of an adopted Habitat Conservation Plan. III. Find that the proposed General Plan Amendment is in the public interest in accordance with California Government Code Section 65358. IV. Approve the General Plan Amendment and Rezone 03-03 for Steve Seidenglanz, Villa D' Oro Properties LLC, to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from A-R (Agricultural Residential) to C-2 (General Commercial) and adopt a Resolution amending the General Plan from Low Density Residential to Commercial, property identified as a 2.10 (+/-) acre parcel, APN: 031-275-005, subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit "A", with the following findings: ■ Butte County Board of Supervisors ■ Villa D'Oro LLC GPA/RZ 03-03 Agenda Report ■ ■ November 9, 2004 ■ Page 5■ A. The proposed C-2 (General Commercial) zone is consistent with the proposed Commercial General Plan designation. B. The project would result in the development of limited commercial and industrial arts activity associated with a cultural center, which, with the inclusion of Mitigation Measures #1- 7, would not be objectionable, obnoxious or offensive by reason of emission of noise, smoke, dust, fumes, cinders, heat, bright lights, vibration, radiation refuse matter, or water carried waste, and which do not involve the handling of flammable, explosive, or dangerous materials. C. With the inclusion of Mitigation Measures #1 thru 7, the proposed C-2 (General Commercial) zone is compatible with the existing parcel sizes and land uses in the project area, which include parcels that are zoned A-R (Agricultural Residential) and that have a General Plan land use designation of Low Density Residential. D. The uses permitted in the C-2 zone, as limited to the development of an industrial arts facility and live/work units by the Conditional Zoning Agreement, are not incompatible with the existing or proposed residential land uses found in the vicinity of the project. E. The project site is located within the City of Oroville's Sphere of Influence. The City's General Plan designates the project for Single Family Residential Use (maximum 6 dwelling units/acre). Butte County General Plan Land Use Element Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This General Plan Amendment and Rezone is inconsistent with the City of Oroville's Single Family Residential General Plan designation. Although the City's prezoning and General Plan is inconsistent with the County's zoning and General Plan designation proposed for this site, the prezoning does not preempt the jurisdiction of the County's Rezoning and General Plan Amendment. The County has implemented special conditions for this Rezoning that shall be enforceable through a Conditional Zoning Agreement. The City's comments regarding this Rezone and General Plan Amendment are incorporated into the Conditional Zoning Agreement. F. The project shall conform to the requirements of the Butte County Fire Department/California Department of Forestry with the inclusion of Mitigation Measure #7, which specifies requirements for fire hydrants, fire flows, and compliance with fire and life safety standards. G. Visual and compatibility impacts shall be mitigated through the inclusion of. (a) Mitigation Measures #1 which specifies compatibility requirements for the proposed industrial arts and live/work facility; and (b) Mitigation Measure #6 which specifies that the C-2 zone is restricted to uses, as set forth under the Use Permit concurrently submitted with this application,by a Conditional Zoning Agreement. 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M-0; ,rrF„:.:IK�y•.f::.{::'-.. fF"''::::-f."�s%'$sd. :9fiff:{.r�•:: �_./r%::::•:,.s}vfif{s#.•5�; :}:.:.� #:S.ii;:s�v?f::«`str«w.< f{.{:,,XRF.:..•{.f;1f.s+J...:;:Yfi.JC.f..%/�S v:;':��S;r:::c:iia;.�vi::.€+�'7�;::a-^'•;',;x::k::}:.. t .';.sfir of ":•:�' ���� —- , 11 1 Cl 11 11 :11 11 11 BUTTE BOARD of 1 r , r Applicant: 1 Properties, Owner: - Hearing Date:November 9,2004 @ 10:40 a.m. ExistingZone: A-R(Agricultural Residential) Supervisorial Request: . 11 1 Density1Commercial1 District 11 1111 : : : .r 1 r : 1 11. 1 1-r I,nlla AssessorParcel No: 031-275-005 03-03 1 ORDINANCE NO. 2 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, A C-2 (General Commercial) 3 DISTRICT, PURSUANT TO SECTION 24-145. 4 The Board of Supervisors of the County of Butte, State of California, 5 under and pursuant to Section 24-25.40 of the Butte County Code of said County, 6 ORDAINS, as follows: 7 SECTION I. The hereinafter described area situate in the County of 8 9 Butte, State of California, shall be and it is hereby zoned as an C-2 (General 10 Commercial) District, and such area shall be subject to the restrictions and restricted 11 uses and regulations pursuant to Butte County Code Section 24-145. 12 Said area so zoned being located in the unincorporated area of Butte 13 County, Chico area, more particularly described as follows: 14 All that certain real property situated in the unincorporated area of Butte County, California, 15 being a portion of Block 80,as shown on that certain map entitled,"Map of Thermalito,Butte County Cala.",which map was recorded in the Office of the Recorder of the County of Butte, 16 State of California, on June 8, 1887, and being more particularly described as follows: 17 Beginning at the southeast corner of 12' Street and Corona Avenue, in T hermalito, Butte County, State of California,as said Street and Avenue are shown on that certain map entitled, 18 "Official Map of Corona Terrace",which map was recorded in the Office of the Recorder of 19 the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12"Street to the south line of Block 80 and 20 the north line of Feather Avenue;thence Bast 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land 21 described in the deed to the Community Action Agency of Butte County, Inc., recorded September 12, 1991 in the Office of the Recorder of the County of Butte,State of California, 22 under Recorder's Serial Number 91-37686;thence leaving said north line of Feather Avenue, 23 North 46 feet to the said southeast corner of the Community Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest 24 corner thereof;thence North 139 feet along west line of the Community Action Agency parcel to the south line of said Corona Avenue; thence along the south line of said Corona Avenue 25 West 423 feet, more or less, to the Point of Beginning. 26 TOGETHER with a 10-foot wide strip of right of way lying contiguous to, parallel with and 1 adjacent to the west and south lot line of the said Block 80 of Thermalito. 2 EXCEPTING THEREFROM the portions lying outside of the 20-foot radius returns at all corners of said Block 80 of Thermalito. 3 Containing 2.10 acres more or less. 4 5 SECTION 2. Conditional Zoning. The zoning reclassification enacted 6 by this ordinance is subject to condition(s)imposed pursuant to Butte County Code 7 Section 24-25.40, subsections (c) and (d). The conditions are as specified in a 8 9 Conditional Zoning Agreement to be signed by the Owner(s)of the property and by 10 the County. Said Agreement shall be in substantially the form attached hereto as 11 Exhibit A. The description of the property which is the subject of this rezoning shall 12 be the same in the Agreement as set forth in Section I above. The Chairman of the 13 Board of Supervisors is authorized and directed to sign the Agreement on behalf of 14 the County of Butte. 15 16 17 SECTION 3. This Ordinance shall be and it is hereby declared to be 18 in full force and effect from and after thirty (30) days after the date of its passage, 19 and before the expiration of fifteen (15) days after its passage, this Ordinance shall 20 be published once with the names of the members of the Board of Supervisors 21 voting for and against it in the Chico Enterprise, a newspaper published in the 22 County of Butte, State of California. 23 24 25 26 i NOES: 1 ABSENT: 2 NOT VOTING: 3 4 R. J. BEELER, CHAIRMAN 5 Butte County Board of Supervisors 6 ATTEST: PAUL MCINTOSH, Chief Administrative 7 Officer and Clerk of the Board 8 9 By 10 11 12 K:\Planning\PROJECTS\GPA-RZ\VILLA D'ORO.03-03\ORDINANC.doc 13 14 15 16 17 18 19 20 ,21 22 23 24 25 26 EXHIBIT A Recording Requested By County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this day of ,2004,by and between Steve Seidenglanz,Villa D'Oro Properties,LLC,herein.called"Owner",and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "County". WITNESSETH WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described as follows: All that certain real property situated in the unincorporated area of Butte County,California, being a portion of Block 80, as shown on that certain map entitled, "Map of Thermalito, Butte County Cala.",which map was recorded in the Office of the Recorder of the County of Butte,State of California,on June 8, 1887,and being more particularly described as follows: Beginning at the southeast corner of 12th Street and Corona Avenue, in Thermalito, Butte County,State of California,as said Street and Avenue are shown on that certain map entitled, "Official Map of Corona Terrace",which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12th Street to the south line of Block 80 and the north line of Feather Avenue;thence East 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County, Inc., recorded September 12, 1991 in the Office of the Recorder of the County of Butte, State of California, under Recorder's Serial Number 91-37686;thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest corner thereof, thence North 139 feet along west line of the Community Action Agency parcel to the south_line of said Corona Avenue; thence along the south line of said Corona Avenue West 423 feet, more or less, to the Point of Beginning. TOGETHER with a 10-foot wide strip of right of way lying contiguous to,parallel with and adjacent to the west and south lot line of the said Block 80 of Thermalito. EXCEPTING THEREFROM the portions lying outside of the 20-foot radius returns at all corners of said Block 80 of Thermalito. Containing 2.10 acres more or less. WHEREAS,the Property is now zoned A-R(Agricultural Residential)and is designated as Low Density Residential by the Butte County General Plan; and WHEREAS, Owner has applied for a reclassification of zoning of the Property from its present classification to C-2(General Commercial)and for a re-designation from its present General Plan designation to Commercial; and WHEREAS,public hearings have been held upon said application before the Board of Supervisors of the County of Butte,State of California,and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification and General Plan re-designation of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification to C-2 and General Plan re-designation to Commercial is being granted and will be enacted by ordinance and resolution,respectively, the said reclassification"and redesignation shall be subject to the following condition(s): I. This Agreement is made pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, and includes the following Conditions: Planning Division: Prior to Use Permit issuance, the concurrently submitted General Plan Amendment and Rezone (GPA/RZ 03-03) shall be approved by the Butte County Board of Supervisors. 1. In order to protect the surrounding neighborhood from impacts associated with aesthetics, noise, light, vibration and odors perform and maintain in full effect the following measures (Mitigation Measure#1): a. Welding activities are restricted to the interior of building"N"only. Building N shall be completely enclosed during welding activities so as to restrict light and glare from welding activities from broadcasting to the surrounding neighborhood. b. Welding or any other type of open flame work is prohibited in any live/work unit. c. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation,interior storage, flooring,and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. d. Live/work units and non-residential uses shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between live/work units and other occupancies as determined by the Chief Building Official. e. Any new construction,not reflected in the site plan, shall be required to maintain the following setbacks pursuant to the C-2 zone: r • Side yard requirements: None, except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use,in which case the side yard shall be not less than ten(10) feet. • Rear yard: None,except when the side of a lot abuts upon the side of lot that is zoned to allow a residential use, in which case the side yard shall be not less than ten(10) feet. • Minimum front yard setback: Twenty(20)feet from the edge of the ultimate right-of-way from all public or private roads except where the road is classified as a federal aid road,in which case the setback shall be twenty-five 25 feet from the right-of-way. ( ) f. The applicant is required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. g. Storage of flammable liquids or hazardous materials in a live/work unit beyond that normally associated with a residential use is prohibited. h. No fabrication or construction of artwork shall take place outside that would create a noise level exceeding 65 decibels at the property line. i. Outside storage at this facility is prohibited. All supplies and storage materials shall take place inside of buildings at all times. j. Garbage bins shall be screened from view at all times. k. Noise levels shall be maintained at 65 decibels as measured at the property line at all times. 1. Hours of operation for special events shall be limited to 8:00 am to 10:00 pm. m. No amplified music shall be allowed in conjunction with special events or other activities. n. The parking lot shall be landscaped in accordance with Section 24-240.10.(e)of the Butte County Code as follows: All open automobile parking areas that contain more than four (4) parking spaces and which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten(10) feet of said street right-of-way with openings for walkway or drive purposes in accordance with county standards.An additional five(5)percent of the gross lotarea shall be devoted to landscaping. Each planter area shall be surrounded with a six-inch raised concrete curbing or equivalent. An irrigation system shall be installed in each separate planter area. o. No vehicle maintenance or repair(e.g.body or mechanical work,including boats, motorcycles,and recreational vehicles,vehicle detailing and painting,upholstery etc.) is allowed. p. During special events the operator is required to ensure that adequate parking for the general public is available. This will be accomplished by providing a 15 space parking lot available to the public on the northeast corner of the property. q. Any use that would be objectionable because of noise,odor, smoke,dust,bright light/glare, heat, noxious gasses, vibration,pollution,traffic congestion, unsafe access, or other public nuisance as defined under Butte County Code Section 32A-2, are prohibited. r. Hours of operation for the facility shall be limited to 8:00 am to 5:00 pm, seven days a week. s. Parking shall be provided pursuant to Butte County Code 24-240, and shall be based on the square footage of the proposed indoor gallery. Plan Requirements: Comply with the listed provisions. Timing: The requirements of this mitigation will remain in full effect during all times of construction and operation of this facility. Monitoring: The Department of Development Services shall monitor compliance through routine inspection and reviews. 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and,to create a crust after each day's activities cease. b. During construction,water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum,this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation." d. The developer shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the BCAQMD shall also be visible to ensure compliance with BCAQMD Rule 200 and 205 (Nuisance and Fugitive Dust Emissions). e. The applicant shall be required to submit a Hazardous Materials Business Plan to the Butte County Environmental Health Department as required by Chapter 6.95 of the California Health and Safety Code. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use is prohibited. (Mitigation Measure# 2) Plan Requirements: All requirements shall be shown on building plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Planning Division and the Public Works Department shall ensure that mitigation is implemented. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations,including arrowheads and other stone tools or chipping debris,cans, glass, etc.; structural remains;'human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of development activities shall not occur until clearance is provided by the Butte County Department of Development Services. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately,pursuant to State law,to arrange for Native American participation in determining the disposition of such remains. (Mitigation Measure #3) Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities. Monitoring: Should cultural resources be discovered,the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. Access to all parts of the facility shall be provided to emergency vehicles at all times. Entrances to the facility on Feather Avenue, 12`h Street,and Corona Avenue shall be available for the use of responding emergency vehicles. (Mitigation Measure#4) Plan Requirements: This note shall be shown on all site development and building plans. Timing: This measure shall be implemented during all site development activities and operation. Monitoring: The Department of Development Services shall ensure compliance in cooperation with Butte County Fire and local agencies. 5. A Conditional Zoning Agreement,between the County and applicant,shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit project description as follows (Mitigation Measure#6): This C-2 (General Commercial) zone is restricted to the following uses: a. Light manufacturing uses and a 520 sq.ft. weiaing shop accessory to the Cultural Studio and Live/work Units,as provided for under the C-2 (General Commercial) zone. b. 12 multiple family dwellings with (9) to be occupied as live/work dwelling units in conjunction and accessory to the Cultural Studio,(1) to be used as an owner occupied residence, (1) guest residence, and (1) caretaker's residence. The live/work dwelling units to be leased to artisans and craftsman who would live and work on site. c. The applicant to utilize the existing buildings at the site and modernize them where needed. Utilities, concrete flooring, aluminum siding,roofing,and insulation would be repaired or added as necessary. d. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery, and the outdoor enclosure associated with the outdoor gallery. e. Renovations are proposed to remain in keeping with the themes established by the historical use of the site as an olive oil refinery and railroad depot. f. Existing industrial equipment associated with the old refinery to be removed, cleaned and situated indoors and outdoors as historical art pieces. g. A small museum displaying old refinery equipment with references to historical uses. h. Facility to be open to the public for special events and exhibits which would,showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. i. A 25-space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. j. All special events shall be subject to the approval of an administrative permit pursuant to Butte County Code Section 24-300. k. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. 1. Zone to be subject to all conditions and mitigation measures placed upon the Use Permit. Plan Requirements: Comply with the Conditional Zoning Agreement at all times during construction and operation. Timing: Conditional Zoning Agreement to be signed by the applicant and County prior to Board of Supervisor approval of rezone ordinance and General Plan Amendment. Monitoring: The Department of Development Services shall ensure compliance. 6. Prior to Use Permit issuance the applicant shall obtain a will-serve letter from the Thermalito Irrigation District to ensure that water and sewer service can be provided to the proposed use and live/work dwelling units. Building Division 7. Building Permits Required. Prepare four sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. Public Works Department 8. Obtain encroachment permit for all new or existing driveway approaches and construct them to County standards,as specified in County Improvement Standards. The exit located close to the corner of Feather Avenue and 12th Street may cause traffic problems. Department of Public Works requires that the exit be relocated farther from the intersection. 9. Deed to Butte County, in fee simple, 30 feet of right-of-way from the centerline of 12th Street,Feather Avenue, and Corona Avenue along the entire property frontage. The right of way shall be sufficient for the installation of Standard No. S-5 at all street intersections. 10. Prior to the issuance of building permits for new buildings submit road and drainage improvement plans for the installation and construction of the street frontage improvements on 12th Street, Feather Avenue, and Corona Avenue to RS-2A Standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section. Construct or install the required improvements. 11. Perimeter fence shall provide adequate sight distance per County fencing requirements at returns on 12th Street/Feather Avenue,at 12th Street/Corona Avenue, and at driveway approaches. 12. Prior to the issuance of building permits for any new buildings a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. (Mitigation Measure#5) Plan Requirements: The applicant shall submit the required drainage plan to the Public Works Department for review and approval. Timing: The drainage plan shall be approved prior to the approval of any new building permit. Monitoring: The Department of Public Works shall be responsible for ensuring compliance with this mitigation. Butte Counly Fire Department/CDF 13. Perform the following to the satisfaction of the California Department of Forestry: a. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. b. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Chief. Average required hydrant spacing 300 feet, hydrant size 6 inches, and residual fire flow 2000 gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. c. Provide plans and specifications to the Butte County Fire Marshal to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. (Mitigation Measure#7) Plan Requirements: Requirements shall be complied with during all times of construction and operation. Timing: Requirements shall be applicable prior to all operations. Monitoring: The Department of Development Services shall ensure compliance in conjunction with Butte County Fire. 14. Install a replacement fire hydrant on the 8-inch water main on Corona Avenue at entrance near Building"N". 15. The existing fire sprinkler system is to be extended into units A, B, C, and D in accordance with NFPA 13 Standard for fire sprinkler installations. County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied.. U. In the event Owner,any successor in interest of Owner,or any person in possession of the Property, violates or fails to perform any of the conditions of this Agreement within thirty(3 0)days after notice thereof as provided in Paragraph 3,the Board of Supervisors of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification and to redesignate the property to its present General Plan designation . M. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the theni current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement,Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Dated By: Steve Seidenglanz, Villa D'Oro Properties, LLC COUNTY OF BUTTE, a political subdivision of the State of California Dated: By: Bob Beeler, Chair Butte County Board of Supervisors [Attach Notary form] K:\Planning\PROJECTS\GPA-RZ\Seidenglanz.03-03\Seidenglanz CZA.doc i BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—September 9, 2004 Applicant: Steve Seidenglanz Project Villa D' Oro Properties, LLC Planner: Dan Breedon Principal Planner File#: GPA/RZ 03-03 Location: The project is located on the Request: The applicant is requesting a northeast corner or 12`h Street General Plan Amendment to and Feather Avenue(previous . change the General Plan Villa D'Oro Olive Oil Designation from "Low Refinery buildings) in the Density Residential" to Oroville area "Commercial,"and a Rezone to change the zoning from A-R Parcel Size: 2.10 (+/-) acres (Agricultural Residential)to C- 2 (General Commercial). Supervisor District: 4 G.P.: Low Density Residential Attachments: Zoning: Agricultural Residential A. General Plan and Zoning Map B. Conditional Zoning Agreement APN: 031-275-005 C. Initial Study D. City of Oroville Comment Letter E. Exhibit Maps EXECUTIVE SUMMARY: Staff recommends that the Planning Commission recommend approval of the General Plan Amendment/Rezone, and the Conditional Zoning Agreement to the Board of Supervisors, with findings. SITE CHARACTERISTICS: 1. The property is currently developed with a non-operating olive oil refinery(previously known as the Coronet Olive Oil Company c. 1944 and the Villa D' Oro Olive Oil Refinery c. 1965) and a 900 square foot caretaker's quarters. 2. The refinery ceased operations approximately ten years ago. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 1 3. Seven existing buildings (of concrete and steel construction) occupy the site,ranging in size from 425 to 7,000 square feet, and including a 4-story refinery building. 4. An abandoned smokestack occupies the site. 5. Two stone pillars are located on the south side of the site and are the remains of the Northern Electric Railroad Depot. 6. Two tanks are adjacent to the refinery building and would be removed from the site. 7. The remaining area consists of a paved courtyard located between the buildings and a grassy area south of the buildings(proposed for a parking lot). 8. Several specimen-sized Palm trees are located on the site but vegetation is, for the most part, limited to ornamental grasses and shrubs,with a few oaks and other trees. 9. Elevation is approximately 200 feet. 10. Drainage is provided by drop inlets which convey storm water to existing drainage facilities under Feather Avenue and 12th street. II I. Water and sewer supply is provided by the Thermalito Irrigation District. 12. Large load electrical facilities and a 4-inch gas main serve the site. PROJECT DESCRIPTION 1. General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R(Agricultural Residential) to C-2 (General Commercial). 2. A Use Permit proposing a live/work industrial arts facility(UP 04-15) has been submitted concurrently. 3. A Conditional Zoning Agreement, to be signed by the applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit. 4. Uses established by the Use Permit and Conditional Zoning Agreement are as follows: a. Light manufacturing (manufacturing of clothing, handicraft products, printing, lithographing, and other light manufacturing or industrial uses of similar character pursuant to Butte County Code Section 24-145 (c) (2))uses and a 520 sq.ft. welding shop accessory to a Cultural Studio, as provided for under the C-2 (General Commercial) zone. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 2 b. 9 multiple family dwellings to be occupied as live/work dwelling units in conjunction with the Cultural Studio. c. 2 additional residences for owner occupation(the four-story refinery building would be developed into a personal residence) d. 1 caretaker's residence(existing). e. The live/work dwelling units to be leased to artisans and crafts persons who would live and work on site. f. The applicant to utilize the existing buildings at the site and modernize them where needed. g. Additional building construction would be limited to the guest residence to be located above the concrete parking area adjacent to the four story tower building, a public restroom building adjacent to the proposed outdoor gallery,and the outdoor enclosure associated with the outdoor gallery. h. Utilities, concrete flooring, aluminum siding, roofing, and insulation would be repaired or added as necessary. i. Renovations are proposed to remain in keeping with the themes established by the . historical use of the site as an olive oil refinery and railroad depot. j. Existing industrial equipment associated with the old refinery would be removed, cleaned and situated indoors and outdoors as historical art pieces. k. A small museum displaying old refinery equipment with references to historical uses is also proposed. 1. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork and crafts. These events would take place in an indoor and outdoor gallery. in. A 25 space parking area would be provided for live/work residents and their guests with access from Feather Avenue at locations approved by the Department of Public Works. n. An additional 15-space parking area would be provided with access to Corona Avenue for special events. This area would be allowed to be used as a staging area for deliveries when special events are not being held. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 3 ANALYSIS: Site Suitability for Proposed Zone and General Plan Amendment 1.. The existing A-R Zoning, and Low Density Residential General Plan designation, is not reflective of the existing development at the site,which has been in place for many years. 2. Rehabilitation of this site for use as single family dwellings is not anticipated due to the existing development and condition of the site. 3. The change in designation would provide incentive for'rehabilitation of the site to a use that could take advantage of the existing development and site conditions. 4. The Commercial General Plan designation and C-2 zoning would more closely fit the development potential of this site. 5. County records show that this site was zoned A-R on February 28, 1984. 6. Records are not available as to why an existing olive oil refinery was made non-conforming at that time. 7. The use of the site for olive oil manufacturing included the use of a smokestack,which could have presented air quality impacts to the surrounding residential area. 8. Other industrial activities associated with the olive oil plant may have also been incompatible with the surrounding residential area. 9. Industrial uses such as olive oil manufacturing are not proposed under the current C-2 (General Commercial) zoning. The proposed C-2 zone, as limited under the Conditional Zoning Agreement,would not pose the same land use impacts as the previous olive oil plant Setbacks 1. Under the Butte County Code, a C-2 zone can be located adjacent to residential uses. The zone requires a 10-foot side and rear yard setback for all structures when the commercially zoned parcel abuts a parcel zoned for residential uses. 2. The majority of this parcel is adjacent to County road frontage(Corona Avenue, 12`"Street, and Feather Avenue),where a 20 foot setback would apply. The east property line abuts an A-R zone,which is a zone that allows for residential uses and therefore a 10 foot setback is required. ❑ Butte County Planning Commission ❑ Agenda Report o ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 4 3. A 1-foot setback is shown from the east property line for Building K, according to the plot plan. 4. The 1-foot setback is non-conforming since the setback does not comply with the 10-foot setback required under County code. 5. Several other buildings at the site do not conform to the 20 foot property line setback require from county roads. 6. These non-conformities would remain under this proposal. 7. A conditional zoning agreement would ensure compatibility with the surrounding residential uses, including the residential uses in proximity to Building K. Commercial General Plan Designation and C-2 Zone 1. The Commercial General Plan designation includes six site design and development criteria, which are used to determine whether the Commercial General Plan designation is appropriate based upon compatibility and site characteristics. 2. The six Site Designation Criteria are as follows, staff comment is provided in italics: Site Designation Criteria: a. Needed for commercial development within 20 years. The County does not have information as to whether this site is needed for commercial development in 20 years. The pending request for a Use Permit, however, indicates that commercial development of the site is contemplated in the near future. b. Good road accessibility to service area or traveling public. Feather Avenue is classified as a minor collector roadway, and has very low traffic volumes. This road is operating at a Level of Service of `:C" or better, and no significant traffic circulation problems are taking place in this area. The roads.in the vicinity are adequate to provide service to the proposed use as limited by the Conditional Zoning Agreement. c. Adjacent or near utilities,walkways and commercial development. Drainage is provided by drop inlets which convey storm water to existing drainage facilities under Feather Avenue and 12`h street. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 5 Water and sewer supply is provided by the Thermalito Irrigation District. Large load electrical facilities and a 4-inch gas main serve the site. Commercial uses are located approximately 0.5 mile away along Grand Avenue. Non-commercial residential uses surround the site and are located in the outlying vicinity. d. Less than 20% slopes. The site has minimal to no slope with the exception of drainage facilities, which have minimal slope. e. Adequate fire and police protection. The project shall conform to the requirements of the Butte County Fire Department/California Department of Forestry with the inclusion of Mitigation Measure #7, which specifies requirements for fire hydrants, fire flows, and compliance with fire and life safety standards. f. Adequate water supply and sewage disposal capabilities. Sewage disposal for the future live/work dwellings on the site would be handled by the Thermalito Irrigation District (TID) a public sanitary sewer service system. Domestic water supply s on the site would be Y.for the future live/work dwellings obtained from TID. The applicant shall be required to receive a will serve letter from TID prior to Use Permit issuance as a condition of the Use Permit. 3. Information from the record,including this Agenda Report,the project application, and the proposed Mitigated Negative Declaration support that the six site designation criteria can be met for this project. 4. The Commercial General Plan designation also includes five Zoning Factors that are used in the evaluation of consistent zones and choosing the most appropriate zoning classification. 5. The five Zoning Factors are as follows, staff comment is provided in italics: Zoning Factors: a. Existing types of commercial and non-commercial uses in area. Commercial uses are located approximately 0.5 mile away along Grand Avenue. Non-commercial residential uses surround the site and are located in the outlying vicinity. b. Traffic volumes on nearby streets. The roads in the vicinity are adequate to provide service to the proposed use as limited by the Conditional Zoning Agreement. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 6 c. Number of residents in service area. The project is located within the City of Oroville's Sphere of Influence and is in the Oroville Urban Area. As such it is located in an area where a substantial papulation exists and could potentially use the C-2 zone and proposed facility. d. Parcel sizes. The 2.10 acre parcel is adequate to provide for the commercial uses proposed by the Conditional Zoning Agreement within the proposed C-2 Zone. e. Effects on adjacent uses,water quality, air quality, noise, traffic flow and safety, j and general environmental quality. A Use Permit proposing a live/work industrial arts facility (UP 04-I5) has been submitted concurrently. A Conditional Zoning Agreement, to be signed by the applicant, shall limit the use of the proposed C-2 zone to the uses specified within the Use Permit. The Mitigated Negative Declaration includes Mitigation Measure #1 to ensure that aesthetic, compatibility, noise, traffic, hazard, and other impacts from the proposal to the surrounding neighborhood and general environmental quality remain insignificant. The restriction of the development of this site to the industrial arts facility through a Conditional Zoning Agreement and proposed use permit ensures that the property is developed in a manner that would be compatible with the surrounding land uses. f. Local desires. The County does not have information regarding the local desires of this proposal. The procedural due process associated with reviewing and approving a General Plan Amendment and Rezone can gauge local desires through public input and comment. The Planning Commission provides input on local desires through the public hearing process. 6. Information from the record, including this Agenda Report,the project application, and the proposed Mitigated Negative Declaration, support that four of the five Zoning Factors can be met for this project. Local desires concerning the rezone of this site to C-2 would have to be determined during the public review and Planning Commission hearing processes. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 7 City of Oroville Comment 1. The project is located within the City of Oroville's Sphere of Influence and is in the Oroville Urban Area. 2. The City of Oroville commented that Oroville's Zoning Map and General Plan designations for the site and vicinity allow single-family residential uses at a density not to exceed 6 dwelling units per acre. 3. The City commented that the proposed industrial use was inconsistent with the General Plan's designations. 4. The County recommended a change in the requested zone from industrial to commercial to ensure greater compatibility with the surrounding neighborhood,and the applicant complied with this change. 5. In the event the County chose to approve the General Plan Amendment and Rezone,the City set forth recommended conditions for inclusion on the Use Permit. 6. Although the City's prezoning and General Plan is inconsistent with the County's zoning and General Plan designation proposed for this site, the prezoning does not preempt the jurisdiction of the County's Rezoning and General Plan amendment. 7. The County has implemented conditions for this Rezoning that shall be enforceable through a Conditional Zoning Agreement. 8. The City's comments regarding this Rezone and General Plan Amendment are addressed by the Conditional Zoning Agreement. 9. Planning staff recommends against the development of a solid fence and landscaping as per the City's comment#3. Planned improvements are intended to enhance the condition of the site as well as the view from the street and surrounding neighborhood. A solid fence at this location could increase aesthetic impacts by blocking the view of the facility with a view of a solid fence, which could be found visually objectionable by area residents. Landscaping would be required in parking areas pursuant to County Code. Public Services and Utilities 1. Sewage disposal for the future live/work dwellings on the site would be handled by the Thermalito Irrigation District(TID) a public sanitary sewer service system. 2. The applicant shall be required to receive a will serve letter from TID prior to Use Permit issuance as a condition of the Use Permit. ❑ Butte County Planning Commission o Agenda Report o ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 o Page 8 3. Domestic water supply for the future live/work dwellings on the site would be obtained from TID. 4. Transportation routes in this area are classified as minor collector roadways, and have very low traffic volumes. 5. No significant traffic circulation problems are taking place in this area or are anticipated with project approval. Local Agency Formation Commission(LAFCO) Comment 1. LAFCO staff indicated that the proposal was a suitable infill project, utilizing existing services without requiring the extension of services or changes to jurisdictional boundaries. Compatibility with Surrounding Land Uses 1. In most cases,a use may be established on a property consistent with the designated zoning of the property. 2. However,the uses within this project area would be restricted to the proposed cultural studio and live/work industrial arts facility through the use of a Conditional Zoning Agreement as required under Mitigation#6. 3. The establishment of a more intense commercial or industrial use would create significant impacts on the surrounding established residential community. 4. The restriction of the development of this site to the industrial arts facility through a Conditional Zoning Agreement ensures that the property is developed in a manner that would be compatible with the surrounding land uses. 5. If the proposed industrial arts facility is not developed on the project in accordance with the Conditional Zoning Agreement,alternative uses that are determined to be more intense in use shall be subject to a rezone process and subsequent environmental review in accordance with CEQA. 6. The Conditional Zoning Agreement shall be subject to all of the mitigations required by the Mitigated Negative Declaration. 7. The Mitigated Negative Declaration includes Mitigation Measure#1 to ensure that aesthetic, compatibility, noise, traffic, hazard, and other impacts to the surrounding neighborhood remain insignificant. 8. In summary, the uses permitted in the C-2 zone, as limited to the development of an industrial arts facility and live/work units by the Conditional Zoning Agreement, are not ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 9 incompatible with the existing or proposed residential land uses found in the vicinity of the proj ect. Determining that the General Plan Amendment is within the Public Interest 1. California Government Code Section 65358 indicates that amendments to the General Plan can be approved by the legislative body when they are found to be in the public interest. 2. In order to approve a General Plan amendment,the Planning Commission must recommend to the Board of Supervisors that this action is in the public interest. 3. The Planning Commission may find the proposed use in the public interest because the existing zoning and General Plan designation are not reflective of the existing development at the site, which has been in place for many years. 4. Rehabilitation of this site for single family residential use is unlikely due to the existing conditions and buildings at the site. 5. The change in designation and associated rezone would provide incentive for rehabilitation of the site to a use that could take advantage of the existing buildings and site conditions. 6. The adaptive reuse of this site for an industrial arts live/work facility could be considered beneficial to the surrounding neighborhood since it would eliminate a vacated land use and replace it with a compatible commercial use. ENVIRONMENTAL REVIEW/CEQA ISSUES -1. An Initial Study and Mitigated Negative Declaration were prepared for this project pursuant to the California Environmental Quality Act. 2. The Initial Study and proposed Mitigated Negative Declaration was submitted to the State Clearinghouse for distribution to State agencies and a 30-day public review period was publicly noticed in the local newspaper and mailed to adjacent property owners. 3. Said study identified significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels. 4. Mitigation Measures set forth within the Initial Study are recommended to be conditions of the Conditional Zoning Agreement. 5. The Initial Study and proposed Mitigated Negative Declaration are attached to this Agenda Report for the Planning Commission's consideration. 6. The Initial Study sets forth mitigations addressing aesthetics, hazards and hazardous ❑ Butte County Planning Commission❑ Agenda Report❑ ❑ Seidenglanz, GPA/RZ.03-03 ❑ September 9, 2004 ❑ Page 10 i materials,public services,cultural resources,hydrology and water quality,noise,air quality, land use, and transportation. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 11 ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Recommend adoption of a Mitigated Negative Declaration regarding environmental impacts to the Board of Supervisors,with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is proposed. B. The Planning Commission has considered the proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Rezone and General Plan Amendment for Steve Seidenglanz,Villa D'Oro Properties LLC,Planning Division File No.GPA/RZ 03-03 will have a significant effect on the environment. D. The proposed mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. H. Adopt a de minimis exemption regarding impact to fish and wildlife or their habitat. The design of the proposed project improvements will not cause environmental damage to fish and wildlife or their habitat. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5. is not required.The project site is not known to contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U. S.Fish and Wildlife Service. The project will not have a substantial adverse effect on any riparian habitat; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act;interfere substantially with the movement of any native resident or migratory fish or wildlife species; conflict with any local policies or ordinances protecting biological resources or conflict with the provisions of an adopted Habitat Conservation Plan. III. Recommend to the Board of Supervisors that the proposed General Plan Amendment is in the public interest in accordance with California Government Code Section 65358. IV. Recommend approval of General Plan Amendment and Rezone 03-03 for Steve Seidenglanz, Villa D' Oro Properties LLC,to the Board of Supervisors and recommend that the Board of Supervisors adopt an Ordinance rezoning from A-R (Agricultural Residential) to C-2 ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 12 (General Commercial)and adopt a Resolution amending the General Plan from Low Density Residential to Commercial,property identified as a 2.10 (+/-) acre parcel, APN: 031-275- 005, subject to the Conditional Zoning Agreement attached to the Zoning Ordinance as Exhibit"A",with the following findings: A. The proposed C-2 (General Commercial) zone is consistent with the proposed Commercial General Plan designation. B. The project would result in the development of limited commercial and industrial arts activity associated with a cultural center, which, with the inclusion of Mitigation Measures #1- 7, would not be objectionable, obnoxious or offensive by reason of emission of noise,smoke,dust,fumes,cinders,heat,bright lights,vibration,radiation refuse matter, or water carried waste, and which do not involve the handling of flammable, explosive, or dangerous materials. C. With the inclusion of Mitigation Measures #1 thru 7, the proposed C-2 (General Commercial) zone is compatible with the existing parcel sizes and land uses in the project area,which include parcels that are zoned A-R(Agricultural Residential)and that have a General Plan land use designation of Low Density Residential. D. The uses permitted in the C-2 zone, as limited to the development of an industrial arts facility and live/work units by the Conditional Zoning Agreement, are not incompatible with the existing or proposed residential land uses found in the vicinity of the project. E. The project site is located within the City of Oroville's Sphere of Influence. The City's General Plan designates the project for Single Family Residential Use (maximum 6 dwelling units/acre). Butte County General Plan Policy 1.6a indicates that the County must attempt to coordinate government plans with other jurisdictions. This General Plan Amendment and Rezone is inconsistent with the City of Oroville's Single Family Residential General Plan designation.Although the City's prezoning and General Plan is inconsistent with the County's zoning and General Plan designation proposed for this site,the prezoning does not preempt the jurisdiction of the County's Rezoning and General Plan amendment. The County has implemented special conditions for this Rezoning that shall be enforceable through a Conditional Zoning Agreement. The City's comments regarding this Rezone and General Plan Amendment are incorporated into the Conditional Zoning Agreement. F. The project shall conform to the requirements of the Butte County Fire Department/California Department of Forestry with the inclusion of Mitigation Measure #7, which specifies requirements for fire hydrants, fire flows, and compliance with fire and life safety standards. ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 13 G. Visual and compatibility impacts shall be mitigated through the inclusion of: (a) Mitigation Measures#1 which specifies compatibility requirements for the proposed industrial arts and live/work facility; and(b)Mitigation Measure#6 which specifies that the C-2 zone is restricted to uses,as set forth under the Use Permit concurrently submitted with this application,by a Conditional Zoning Agreement. K:\Planning\PROJECTS\GPA-RZ\Seidenglanz.03-03\8.26.04.GPA-RZ Planning Commission Report II.doc ❑ Butte County Planning Commission ❑ Agenda Report ❑ ❑ Seidenglanz, GPA/RZ 03-03 ❑ September 9, 2004 ❑ Page 14 1 BUTTE COUNTY AUG 16 2004 DEVELOPMENT SERVICES August 13, 2004 To Whom It May Concern, We would like to express our concerns about the possible rezoning of the Villa D' Oro properties in Thermalito. We feel it is entirely- inappropriate to rezone this property to commercial in a strictly residential area. We are also very concerned about the use of welding equipment on even a light commercial basis in a residential area and- so close to a school zone. We have lived on Feather Ave since 1978 and know some type of chemicals were being dumped on the ground across the street from us when the plant was operating. These chemicals killed the vegetation and :. left a oily sludge in the ditch. We feel the soil should be tested before anyone is allowed to live there. We feel that our street, Feather Ave, or Corona Ave would not support the more traffic this project would create no matter how small . Corona Ave is in especially poor repair. Thermalito School District has reconfigured their schools so starting this fall Sierra Ave School will be a neighborhood school . More children will be required to walk to school and with the lack of sidewalks in our area and even a small increase in traffic flow we would be putting our children at even greater risk. We have worked very hard to improve our property and plan on spending our retirement years in this home and are totally against having a commercially zoned property directly across the . street from our home. Donal indh rst oyce Lind orst n L BUTTE COUNTY JUL 2 8 2003 DESVEJLgLOPMENT4•• DISCOVER GOLD . . . DISCOVER OROVILEVICES 1735 MONTGOMERY STREET"�'OROVILLE, CALIFORNIA 95965-4897 •'PLANNIN'G DEPARTMENT ORPORATEO NqOb ,., (530)538-2430 July 24, 2003 Craig Sanders Butte County Planning Division 7 County Center Drive Oroville, CA 95965 RE: GPA/RZ 03-03 (Seidenglanz) Dear Craig: City staff offers the following comments regarding the above-noted project: 1. Building Department: this property is surrounded by residential uses. A rezone to an industrial classification, however limited it may be, is not appropriate. 2. Public Works Department: Rehabilitation and reuse of the site will require installation of urban improvements along all street frontages. 3. Planning Department: reintroduction of an industrial use in the heart of a residential area does not seem appropriate for many reasons, including those listed below: A. Inconsistent with longterm plans for the area. Oroville's Zoning Map and General Plan Land Use Diagram designations for the site and a large area around it allow only single-family residential uses at a density not to exceed 6 units per acre. An industrial use is not consistent with Oroville's plans for this portion of its Sphere of Influence. B. Incompatibility - Noise. There are existing single-family homes on three sides of the project site, and vacant land zoned for more single-family homes on the fourth side. The use of grinders and welders and other industrial equipment could exceed the noise levels Oroville's General Plan • identifies as being acceptable in residential neighborhoods (acceptable levels vary, depending upon the time of day). C. Incompatibility -Aesthetics. The proposed outdoor display of former industrial equipment as "art" pieces may be perceived as more of a nuisance to surrounding residential uses. Even if some adjacent homes are not particularly well maintained, outdoor storage of industrial equipment could lower property values in the area. l.; GPA/RZ 03-03 (Seidenglanz) July 24, 2003 Page 2 D. Incompatibility - school-site. It is not always possible for an industrial use to obtain air quality permits if the use is close to a school. And some industrial uses.are greatly discouraged close to schools. E. Incompatibility - traffic. The streets around the site do not appear to be constructed to urban industrial standards. It is not inconceivable that permitted industrial uses could generate numbers and types of vehicle traffic that are incompatible with surrounding uses and with the extent to which the streets have been improved. In conc!usion,-City of Orovil!e staff recommends that this app!ication should be denied. However, if it is approved, the following conditions are requested: 1. Use of industrial equipment should be allowed indoors only, and noise mitigation should be required if necessary to achieve levels that are acceptable at the boundary of surrounding residential properties. Use of equipment that generates noise, vibrations, or odors that are incompatible with residential uses should be limited to traditional business hours to reduce incompatibility. 2. No outdoor storage,should be allowed except behind solid screening, which would not include chain link fencing with slats. 3. Solid fencing and a landscaped border on the street side of the fencing should be required along all boundaries of the site, to buffer the industrial uses from adjacent residences. 4. Sidewalks and other urban-standard frontage improvements -- including driveways -- should be constructed along all three streets that abut the project site. 5. On site parking should be provided in sufficient quantity for those who work in and visit the businesses located there. 6. Approved uses should be carefully described, with approval restricted to the described uses. 7. Traffic improvements should be required -- or in-lieu fees collected -- as is appropriate for the allowed intensity of use of the site (tourist attraction, etc). If you have any questions about the information in this letter, please don't hesitate to call me. SincereI o Sherman, AICP Planning Manager r y 1 , LAND OF NATURAL W EALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 September 10,2003 TELEPHONE: (530)538-7601 FAX: (530)538-7785 Michael G. Evans 1 Nice Place Oroville, CA 95966 RE: Seidenglanz GPA/RZ 03-03,APN: 31-275-005 Dear Mr. Evans: As we have previously discussed, staff believes the above-referenced application should be modified to better reflect the uses contemplated under this application. The C-2 (General Commercial)zone allows for uses similar to the proposal. Under this zone, "physical cultural studios" are permitted by right. A corresponding General Plan amendment to"Commercial'would also be more appropriate. Staff is also recommending the use of a conditional zoning agreement to help define the permitted uses and to address the unique nature of the proposal. This type of an agreement is similar to a development agreement in that it defines the development associated with the proposal. It would also include conditions to make the use more compatible with the surrounding residential uses. 1 have included a letter from the City of Oroville that has some suggested conditions for this purpose. It would be beneficial for you to review these suggestions as they would be imposed on the proposed conditional zoning agreement. Some uses associated with the proposal may ultimately require a Use Permit. These uses are considered by the County to be more intense in nature and are listed under the enclosed C-2 zone code section. Under the law, the County cannot allow these uses under the conditional zoning agreement without approval of a Use Permit. As we have also discussed, the proposal must conform to the setback provisions under the County code. Future improvement plans should be reviewed very carefully to ensure that any new development conforms to the front,side,and rear setbacks. It would be appropriate to discuss this matter further when you receive this letter. The application must also be amended to reflect the new requests. Please feel free to contact me at 538-7629 when you have an opportunity. Si l 11 Daniel C. Breedon Principal Planner Cc: Steve Seidenglanz Yvonne Christopher,Director of Development Services Joe Baker,Planning Manager Scott Rutherford,Building Division County Counsel 24-141 ,.l width requirements for residential uses shall conform to (3) Adult hotels and motels, subject to the sections 24-75 and 24-80 of this Code. requirements of article IV,adult business regulation,of (2) Minimum lot size:None, for commercial uses, chapter 15 of this Code. except as required to meet parking and building site (b) Accessory uses: development requirements and minimum sewage (1) A single family dwelling or modular home as an disposal requirements of chapter 19 of the Butte County accessory use to a commercial use listed above,subject Code. Residential uses shall meet the requirements of to the site requirements of section 24-75. sections 24-75 and 24-80. (c) Uses requiring use permits:The following uses (3) Side yard requirements:None,except when the are permitted subject to a use permit: side of a lot abuts upon the side of a lot that is zoned to (1) Welding shops,auto body shops. allow a residential use,in which case the side yard shall (2) Manufacturing of clothing,handicraft products, be not less than ten(l 0)feet.The side yard requirements printing,lithographing and other light manufacturing or for residential uses shall conform to section 24-75 of this industrial uses of similar character. Code. (3) Public or quasipublic uses not specifically (4) Rear yard: None, except where the rear yard allowed in subsection(a),above. abuts a lot that is zoned for to allow a residential use,in (4) Shopping malls and shopping centers on sites of „ which case the rear yard shall be not less than ten(10) five (5) acres or greater, commercial recreation uses, feet.The rear yard requirements for residential uses shall kennels and small animal hospitals,and mortuaries. conform to section 24-75 of this Code.(Ord.No.3176,§ (5) Recycling facilities as per section 24-275. 1(Exh.A), 1-24-95;Ord.No.3619, § 5,7-25-2000) (6) Residential uses not in conjunction with a permitted use, recreational vehicle parks, multi-family 24-141 Wireless communication facilities dwellings,and mobile home parks. in the C-1 (Light Commercial) (d) Uses requiring an administrative permit. The Zone. following uses may be permitted subject to the Notwithstanding anything to the contrary in section requirements of section 24-40: 24-140, wireless communication facilities are not (1) Temporary uses as listed in section 24-300. allowed in the C-1 (Light Commercial) Zone unless a (2) Reverse vending machine and small collection permit is obtained,subject to the requirements of section recycling facilities pursuant to section 24-275. 24-262.(Ord.No. 3569, § 11, 12-7-99) (e) Site requirements: The following site requirements shall apply: 24-142-24-144 Reserved. (1) Lot width required:Minimum lot width shall not be less than forty-five(45)feet for commercial uses.The 24-145 C-2(General Commercial)Zone. lot width requirements for residential uses shall conform (a) Uses permitted: to sections 24-75 and 24-80 of this code. (1) All uses permitted in C-1 (Light Commercial) (2) Minimum lot size:None, except as required to Districts. meet parking and building site development requirements (2) General commercial uses, including art shops, and minimum sewage disposal requirements of chapter aviaries,bars and cocktail lounges,billiard,parlors and 19 of the Butte County Code.Residential uses shall meet pool halls, bowling alleys, building material sales, the requirements of sections 24-75 and 24-80 of this cleaning and pressing establishments, dance halls, Code. interior decorating shops, employment agencies, (3) Side yard requirements:None,except when the governmental legislative buildings,gymnasiums,public, side of a lot abuts upon the side of a lot that is zoned to commercial or physical cultural studios,hospitals,hotels allow a residential use,in which case the side yard shall and motels, laboratories and X-ray facilities, massage be not less than ten(10)feet.The side yard requirements parlors and reducing salons, equipment rentals, pet for residential uses shall conform to section 24-75 of this shops,new and used car sales,repair garages,auto car Code. washes, plumbing shops, cabinet shops, sign (4) Rear yard: None, except where the rear yard manufacturing shops, restaurants with drive through abuts a lot that is zoned to allow a residential use, in facilities,and other similar uses. which case the rear yard shall be not less than ten (10) feet.The rear yard requirements for residential uses shall 306 24-146 conform to section 24-75 of this Code.(Ord.No.3176,§ (3) Adult hotels and motels, subject to the 1(Exh.A), 1-24-95;Ord.No.3619, §6,7-25-2000) requirements of article IV,adult business regulation,of chapter 15 of this Code. 24-146 Wireless communication facilities (c) Uses requiring a use permit: in the C-2(General Commercial) (1) Multiple dwellings and dwelling groups,subject Zone. to the height limit,building site area three thousand two Notwithstanding anything to the contrary in Section hundred fifty (3,250) square feet per unit, average lot 24-145, wireless communication facilities are not width and yard requirements specified in the R-3 zone. allowed in the C-2(General Commercial)Zone unless a (2) One(1)single-family residence per parcel or a permit is obtained,subject to the requirements of section single-family residence, when attached to the main 24-262. (Ord.No. 3569,§ 12, 12-7-99) building in which the commercial use exists, and the residence is inhabited by the owner, employees, or 24-147-24-149 Reserved. operator of the commercial use.Any permit required for the commercial use must first be secured. 24-150 C-C(Community Commercial) (3) Mobile home parks not to exceed ten (10) Zone. dwelling units per acre. (a) Purpose: The purpose of the community (4) Public and quasipublic uses. commercial (C-C) zone is to provide a wide range of (5) Small animal hospitals(indoor kennels only). facilities for the sale of goods and provision of personal (6) Sales of new or used autos, boats or services. When applied to shopping areas,the uses are motorcycles,dancing academies or halls,open-air retail generally conducted within a building,and may range in sales,theaters,bowling alleys, skating rinks,pet shops, size from neighborhood centers, which may have a wholesale stores,mini-storage facilities,mortuaries,used supermarket as a principal tenant, to a commercial or secondhand goods,and other uses which are of similar center,which may also include a department or variety character. store as a principal tenant.When applied to commercial (7) Recycling facilities as per section 24-275. areas of town centers or other existing places with (d) Uses requiring an administrative permit: The similar activities,the uses may be broadened to include following uses may be permitted subject to the outdoor retail uses,such as auto sales. requirements of section 24-40: (b) Uses permitted within buildings.The following (1) Temporary uses as listed in section 24-300. uses are permitted in the C-C zone: (2) Reverse vending machine and small collection (1) Retail stores and shops of a light commercial recycling facilities pursuant to section 24-275. character including appliance stores, banks or other (e) Site development standards. The following financial institution that provides a direct service to the development standards shall apply to all development in public,insurance or real estate sales,barbershops,beauty the C-C zone, except that specific standards may be parlors,bookstores,dry cleaning,laundry or laundromat, modified by use permit if the approving body finds that day care centers, dress shops, drugstores, market or the modification is necessary to provide a superior grocery stores,furniture stores,millinery shops,standard project design over what would ordinarily occur with the restaurants which may serve alcoholic beverages with . basic standards and that the modified project fits meals, refreshment stands, service stations, auto lube harmoniously with the surrounding area. facilities and auto wash facilities, studios, tailor shops; (1) Maximum structural height:Forty-five(45)feet. business,professional or medical office;medical,dental (2) Minimum building site area: Ten thousand or optical laboratory; blueprinting, photocopying or (10,000)square feet. lithography store; nursery or garden supply; travel or (3) Minimum lot width: The minimum lot width is ticket agency;repair shops for shoes,radios,televisions sixty-five(65)feet. or other domestic appliances;and other uses which are of (4) Minimum front yard required:Twenty(20)feet similar character to those enumerated and which will not for all buildings or structures except that off-street be detrimental or obnoxious to the neighborhood in parking areas shall have a minimum of ten(10)feet. which they are to be located. (5) Minimum side yard required: None, except (2) Hotels, motels,health clubs, service clubs and when the side of a lot abuts upon the side of a lot that is lodge halls,churches,hospitals,sanitariums. zoned to allow a residential use, in which case the abutting side yard shall not be less than ten(10)feet.The 307 a LAND USE ELEMENT ❑ COMMERCIAL Primary Uses: Structures and activities providing a full range of merchandise and services to the general public. ' Secondary Uses: Wholesale storage and distribution, processing and manufacturing, transient lodging, dwellings and group quarters, home occupations, utilities, public and quasi-public uses. Site Designation Criteria: 1. Needed for commercial development within 20 years. 2. Good road accessibility to service area or traveling public. 3. Adjacent or near utilities, walkways and commercial development. 4. Less than 20% slopes. 5. Adequate fire and police protection. 6. Adequate water supply and sewage disposal capabilities. Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate commercial development. Residential and industrial uses limited to minimize conflicts with commercial uses. Consistent Zones: C-1, C-2, C-C, H-C, N-C, PA-C, R-4, S-H. Zoning Factors: 1. Existing types of commercial and non-commercial uses in area. 2. Traffic volumes on nearby streets. 3. Number of residents in service area. 4. Parcel sizes. 5. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality. 6. Local desires. ❑BUTTE COUNTY GENERAL PLAN❑ADOPTED BY RESOLUTION 79-222❑October 30, 1979❑ LUE - 58 • ase •:::; h � ,a,P�1*O STATE .OF CALIFORNIA * e Governor's Office of Planning and Research now���OFGAw State Clearinghouse and.Planning Unit Arnold Jan Boel Schwarzenegger Governor Acting Director August 24,2004 Dan Breedon Butte County 7 County Center Drive Oroville,CA 95965 Subject: Steve Seidenglanz,Villa D'Oro LLC,General Plan Amendment/Rezone&Use Permit SCH#: 2004072124 Dear Dan Breedon: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on August 23,2004,and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the.State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project,please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Director, State Clearinghouse HurrE COUNTY AUG 2 5 2004 DEVELOPMENT SERVICES 1400 TENTH STREET P.O.BOX 3044 SACRAMENTO,CALIFORNIA 95812-3044 TEL(916)445-0613 FAX(916)323-3018 www.opr:ca.gov Document Details Report :• ' State Clearinghouse Data Bas SCH# 2004072124 Project Title Steve Seidenglanz,Villa D'Oro LLC, General Plan Amendment/Rezone& Use Permit Lead Agency Butte County Type Neg Negative Declaration Description Applicant proposes rezone from A-R to C-2 (General Commercial)and GPA from Low Density Residential to Commercial.A Use Permit is proposed under the new zone to allow for Live/work dwelling units operated in conjunction with an art studio. - Lead Agency Contact Name Dan Breedon Agency Butte County Phone 530 538.7629 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Region Cross Streets Feather Avenue and 12th Street Parcel No. 31-275-005 Township 19N Range 3E Section Land G Base Proximity to: Highways 162 Airports Oroville Municipal Railways Waterways Ruddy Creek, Feather River,Thermalito Forebay and Afterbay Schools Poplar, Nelson, Sierra Land Use Historic Olive Oil Refinery/A-R/Low Density Residential Project Issues Aesthetic/Visual;Agricultural Land;Air Quality;Archaeologic-Historic; Drainage/Absorption; Flood Plain/Flooding;Geologic/Seismic; Minerals;.Noise; Public Services; Recreation/Parks; Schools/Universities; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous;Traffic/Circulation;Vegetation;Water Quality;Water Supply;Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Fish and Game, Region 2; Office of Historic Preservation; Agencies Department of Parks and Recreation; Reclamation Board; Department of Water Resources;Caltrans, District 3; Regional Water Quality Control Bd., Region 5(Redding); Department of Toxic Substances Control; Native American Heritage Commission Date Received 07/23/2004 Start of Review 07/23/2004 End of Review 08/23/2004 Note: Blanks in data fields result from insufficient information provided by lead agency. EVA NI Film WoRxf Calif. Gen. Eng. Contractor#548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 - Fax(530) 589-2366 funworks@sbcglobal.net Sept. 1, 2004 Mr. Dan Breedon Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: APN 031-275-005, Villa D' Oro Properties LLC General Plan Amendment, Rezone and Use Permit C10 co es of VIS D #3 Site Plan per your request. Michael G. Evans EVANI FUN i�9�ORKI Cc: S. Seidenglanz a� Butte County Department of Development Services �V T lF PLANNING DIVISION o o 7 County Center Drive 00 o '�`' o Oroville, CA 95965 0 -" 0 (530)538-7601 Telephone 0 - 0 (530)538-7785 Facsimile cOUN'�y ADMINISTRATION * BUILDING * GIS * PLANNING August 16, 2004 Steve Seidenglanz Villa D1 Oro Properties LLC 1245 Oro Dam Blvd. , Suite 51-1 Oroville, CA 95965 Re: GPA/RZ 03-03,'AP: 031-275-005 Dear Mr. Seidenglanz: Enclosed is a copy of the Agenda Report concerning your application for a General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial)on property zoned A-R(Agricultural-Residential)and located at the northeast cornet-of 12th Street and Feather Avenue,Thennalito area. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 26, 2004, at 9:00 a.m. This meeting will be held in the Board of Supervisors'Room, 25 County Center Drive,Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter,please contact Dan Breedon of this office at 538-7603, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: Michael Evans, Evans Fun Works Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot August 11, 2004 BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on August 26, 2004, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: In accordance with the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the following project. Therefore, Planning Division staff is recommending a Mitigated Negative Declaration. MITIGATED NEGATIVE DECLARATION/GENERAL - PLAN AMENDMENT, REZONE, AND USE PERMIT Use Permit (UP 04-15): Use pen-nit to allow for light manufacturing uses and a 520 sq.ft. welding shop accessory to a Cultural Studio, as provided for under the C-2 (General Commercial) zone. A request is also made to allow for 9 multiple family dwellings to be occupied as live/work dwelling units in conjunction with the Cultural Studio. The live/work dwelling units would be leased to artisans and craftsmen who would live and work on site. The applicant proposes to utilize the existing buildings at the site and modernize them where needed. The four-story refinery building would be developed into a personal residence and guest house. The existing 900 square foot caretaker's residence would remain. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork. These events would take place in an indoor and outdoor gallery. Public restrooms and a 25-space parking lot and handicap parking would be provided. Access to the parking lot would be provided via Feather Avenue. Access to the site via 12th street and Corona Avenue is available but would be restricted to deliveries and emergency access only. Access would be provided via Corona Avenue to a public parking lot only during special events. A rezone from A-R (Agricultural Residential) to C-2 (General Commercial) and General Plan Amendment from Low Density Residential to Commercial has been submitted concurrently (GPA/RZ 03-03). General Plan Amendment/Rezone (GPA/RZ 03-03): General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R (Agricultural Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work facility (UP 04-15) has been submitted concurrently. APN 031- 275-005 (DB) If you challenge either the Mitigated Negative Declaration or the Genera Plan Amendment/Rezone or Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. For further information regarding this project, please contact Dan Breedon, project planner, at the Butte County Planning Division at (530) 538-7629. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury on Saturday, August 14, 2004 Apn_bldg_f Owner Owner—add Citystzip 030-350-095 CLINKINGBEARD FAMILY TRUST 1465 12TH STREET OROVILLE CA 95965 031-271-015 BAKER FAMILY LIVING TRUST 1462 12TH ST OROVILLE CA 95965 031-271-004 DELAROSA FLAVIO C & TINA M 1112 NEVADA AVE OROVILLE CA 95965 031-272-018 ZULKOSKI JOYCE JUNE 2055 12TH ST OROVILLE CA 95965 031-271-007 MCAVOY PATRICK MICHAEL 274 CANYON HIGHLANDS DR OROVILLE CA 95966 031-271-006 MCAVOY PATRICK MICHAEL 274 CANYON HIGHLANDS DR OROVILLE CA 95966 031-271-005 WILKERSON CECIL C & BARBARA L 1120 NEVADA AVE OROVILLE CA 95965 031-271-008 GABLE CHARLOTTE PO BOX 75 BERRY CREEK CA 95916 031-271-010 TINETTI BEN F & PAULA M 1023 KING ST SANTA CRUZ CA 95060 031-271-009 GWIN CATHY M SS 1160 NEVADA OROVILLE CA 95965 031-273-007 POWELL ROBERTA A* 1129 NEVADA AVE OROVILLE CA 95965 031-273-004 PINEDO VINCENT M SS 1119 NEVADA AVE OROVILLE CA 95965 031-274-007 MARTINEZ DAVID A& DEBORAH A 1075 NEVADA AVE OROVILLE CA 95966 031-274-008 MURRAY OPAL 1071 NEVADA AVE OROVILLE CA 95965 031-274-009 PIXLER JEAN E 1065 NEVADA AVE OROVILLE CA 95965 031-274-006 ANDERSON JOHN & ELOISE 1059 NEVADA ST OROVILLE CA 95965 031-273-011 CASTRO MARIE 1151 NEVADA AVE OROVILLE CA 95965 031-273-010 SCHEIBLER TED & SHIRLEY 83 DISTRICT CENTER DR OROVILLE CA 95966 031-273-005 THOMPSON MICHELLE J 1105 NEVADA AVE OROVILLE CA 95965 031-273-012 OLRY SCOTT D &JANIE E 171 N KAREN AVE CLOVIS CA 93612 031-273-013 OLRY SCOTT D & JANIE E 171 N KAREN AVE CLOVIS CA 93612 031-273-009 OLRY SCOTT D &JANIE E 171 N KAREN AVE CLOVIS CA 93612 030-350-097 WAUGH CHARLES G & MELANIE 1445 12TH ST OROVILLE CA 95965 030-350-102 STANTON RUTH HAZEL TRUST P O BOX 282 OROVILLE CA 95965 030-350-098 RAVERT CHRIS G & ROCHELLE K 1435 12TH ST OROVILLE CA 95965 031-275-002 COMMUNITY ACTION AGENCY OF BUTTE 2255 DEL ORO AVE OROVILLE CA 95965 031-275-005 VILLA D'ORO PROPERTIES LLC 4514 PACIFIC HEIGHTS RD OROVILLE CA 95965 030-350-099 MORGADO JOHN R& BARBARA A 1425 12TH ST OROVILLE CA 95965 031-275-007 VILLA D'ORO PROPERTIES LLC 4514 PACIFIC HEIGHTS RD OROVILLE CA 95965 031-275-006 VILLA D'ORO PROPERTIES LLC 4514 PACIFIC HEIGHTS RD OROVILLE CA 95965 030-350-109 ANDREWS RICKY ETAL 1208 FEATHER AVE OROVILLE CA 95965 030-350-107 GROSS JEFFERY O & SHERRIE C 1226 FEATHER AVE OROVILLE CA 95965 030-350-108 HEDRICK AARON 1218 FEATHER AVE OROVILLE CA 95965 030-140-000 030-150-000 030-150-032 CIPOLLA PATRICIA ANN ETAL 1031 FEATHER AVE i I 030-150-018 BROWN SUSAN M 1079 FEATHER AVE OROVILLE CA 95965 030-150-016 CERVANTES IGNACIO 1051 FEATHER AVE OROVILLE CA 95965 030-140-023 HANSEN HARRY V JR P O BOX 168 OROVILLE CA 95965 030-150-035 BROWN SUSAN M & MICHAEL 1079 FEATHER AVE OROVILLE CA 95965 030-132-009 THOMPSON BOBBY G & KAY JT 204 N BEAR CREEK ROAD WALLOWA OR 97885 030-140-022 FERREIRA EDWARD 175 SOLANA DRIVE OROVILLE CA 95966 030-140-021 BERRYMAN W E & DELIA M 1229 FEATHER AVE OROVILLE CA 95965 030-150-028 LEE ROBERT D & JULIA A JT 1141 FEATHER AVE OROVILLE CA 95965 030-150-027 LINDHORST DONALD K &JOYCE D 1153 FEATHER AVE OROVILLE CA 95965 030-150-025 PARKER FRANCES A 27 GREENBRIER DR OROVILLE CA 95966 030-150-012 RODRIGUEZ LEOPOLDO* ETAL 1157 FEATHER AVE OROVILLE CA 95965 030-140-024 ROSE CAROL SUE* ETAL 1369 12TH ST OROVILLE CA 95965 030-150-026 FERREIRA EDWARD 175 SOLANO DR OROVILLE CA 95966 030-150-023 GARCIA GUADALUPE 1360 12TH ST OROVILLE CA 95965 030-150-004 COOK JAMES T & LILY A 1366 12TH ST OROVILLE CA 95965 030-140-025 YARBROUGH GRETCHEN M 3165 YARD ST OROVILLE CA 95966 031-275-005 VILLA D'ORO PROPERTIES LLC 1416 12th STREET OROVILLE CA 95966 EVANS, MICHAEL 1 NICE PLACE OROVILLE CA 95966 I i I i i I .i T— (SPACE FOR FILING STAMP ONLY) IN THE.SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE ,-ing 900 square;`foot i caretaker's "residence . would remain,The facili- In the Matter of �ty 'is proposed to be been to the public for !special, events 'and exhibits which would NOTICE OF PUBLIC HEARING NO. _showcase-produced-art- BUTTE COUNTY !,Work.. These events PLANNING 'would take place in an COMMISSION !indoor- and outdoor :.NOTICE OF PUBLIC ;,gallery.Public restroems AFFIDAVIT OF PUBLICATION HEARING !;and,a 25-space parking AND J�lot and handicap parking NOTICE OF INTENTTO,would ' be provided. State of California - .h`ADOPT A i!Access to the parking lot MITIGATED NEGATIVE;would be provided via S. DECLARATION Feather Avenue.Access County of Butte Notice is hereby given to,the. site ..via 12th by. the,Butte County Street. and ' Corona Planning 'Commission•;Avenue is available but The undersigned resident of the county of that a public,hearing willI would be. restricted to. be held on August 26,j1deliveries and emer- Butte, State of California, says: 2004;at 9:00 a.m.in the:gency access only. Butte County Board of!Access would be provid Supervisors' .Room,f.ed via Corona Avenue to That I am and at all time herein mentioned County Administration a public parking lot-only ' Center,2`)County Cen-; duringspecial events.A was a citizen of the United States and not a party ter-Drive, Oroville,Cali-I rezone from A-R (Agri=. to nor interested in the above entitled matter fornia,regarding the fol- cultural Residential) to lowing item: - C-2 (General Commer- that I am the principal clerk of the printer and In accordance with.the, cial) and General Plan California Environmental Amendment from Low publisher of Quality Act(CEQA)', an Density Residential•.to Initial Study has been Commercial has been prepared for the.follow- submitted concurrently. The Chico Enterprise-Record ing project. Therefore, -(GPAIRZ 03-03). . The Oroville Mercury-Register Planning Division staff is General Plan Amend- recommending a Mitigat- mentlRezone(GPA/RZ ed Negative Declaration. '03-03): That said newspaper is one of general circula- MITIGATED NEGATIVE ',General Plan Amend- DECLARATION/ �ment and Rezone from tion as defined by Section 6000 Government GENERAL PLAN Low Density Residential Code of the State of California Case No. 26796 AMENDMENT, ,. to,:Commercial.and a, REZONE,AND Rezone from A-R(Agri-I by the Superior Court of the State Of California, USE PERMIT, cultural Residential) to Use Permit(UP 04-15)r 'C-2 (General Commer-� in and for the County of Butte;that said newspa- use permit to allow for 'cial). A Use Permiti per at all times herein mentioned was printed light manufacturing uses; ;proposing an artist and a 520•sq.ft.welding' .live/work facility.(UP 04- and published daily in the City of Chico and shop accessory to ai :15)has been submitted .Cultural Studio, as pro-I :concurrent) APN 031-. County of Butte;that the notice of which the vided for under the C-2 275-005(DB). annexed is a true printed copy, was published in (General Commercial) `If you challenge either zone. A request is also the Mitigated Negative said newspaper on the following days: made to allow for 9 mul- •Declaration or the Gen- tiple family dwellings.to _Aral'Plan Amendment/ be occupied as live/work I Rezone or Use Permit in AUGUST 14.2004. dwelling.units in con-. .court,you maybe limit- DATED AUGUST 23.2004. junction with the Cultural ed.to raising only.those i AT CHICO.CALIFORNIA. Studio. The live/work issues you or someone dwelling units would be else raised at the public leased to artisans and hearing described in this 'craftsmen who would notice,or in written cor- live'and work on site. respondence delivered The applicant proposes to the Planning Division b utilize the existing the ring. r to,the public buildings at the site and hearing. modernize them where For further information SIGNATURE needed. The four-story regarding this project, refinery building wouldplease contact: Dan be developed into a per- Breedon,. project plan- sonal residence ands' ;ner,at the Butte County guest house.The exist Planning Division at (530)538-7629. YVONNE CHRISTOPHER,' DIRECTOR OF DEVELOPMENT SERVICES F05.030 Publish August 14,2004 r MICHAEL MOONEY CIVIL ENGINEER RCE 20647 5 Madrone Avenue, Suite A Oroville, CA 95966 PHONE: 530-533-2131 FAX: 530-534-0902 Legal description for Villa D' Oro Industrial Arts All that certain real property situated in the unincorporated area of Butte County, California, being a portion of Block 80, as shown on that certain map entitled, "Map of Thermalito, Butte County Cala. ", which map was recorded in. the Office of the Recorder of the County of Butte,- State of California, on June 8, 1887, and being more particularly described as follows : Beginning at the southeast corner of 12th Street and Corona Avenue, in Thermalito, Butte County, State of California, as said Street and Avenue are shown on that certain map entitled, "Official Map of Corona Terrace", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12th Street to the south line of Block 80 and the north line of Feather Avenue; thence East 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County, Inc. , recorded September 12, 1991 in the Office of the Recorder of the County of Butte, State of California, under Recorder' s Serial Number 91- 37686; thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community- Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest corner thereof; thence North 139 feet along west line of the Community Action Agency parcel to the south line of said Corona Avenue; thence along the south line of said Corona Avenue West 423 feet, more or less, to the Point of Beginning. TOGETHER with a 10-foot wide strip of right of way lying contiguous to, parallel with and adjacent to the west and south lot line of the said Block 80 of Thermalito. I Legal description for Villa D'Oro Industrial Arts Pg. 2 EXCEPTING THEREFROM the portions lying outside of the 20- foot radius returns at all corners of said Block 80 of Thermalito. Containing 2 . 10 acres more or less . Legal description for Villa D'Oro Industrial Arts All that certain real property situated in the unincorporated area of Butte County, California, being a portion of Block 80, as shown on that certain map entitled, "Map of Thermalito, Butte County Cala.", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 8, 1887, and being more particularly described as follows: Beginning at the southeast corner of 12th Street and Corona Avenue, in Thermalito, Butte County, State of California, as said Street and Avenue are shown on that certain map entitled, "Official Map of Corona Terrace", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12th Street to the south line of Block 80 and the north line of Feather Avenue; thence East 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County, Inc., recorded September 12, 1991 in the Office of the Recorder of the County of Butte, State of California, under Recorder's Serial Number 91-37686; thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest corner thereof; thence North 139 feet along west line of the Community Action Agency parcel to the south line of said Corona Avenue; thence along the south line of said Corona Avenue West 423 feet, more or less, to the Point of Beginning. TOGETHER with a 10-foot wide strip of right of way lying contiguous to, parallel with and adjacent to the west and south lot line of the said Block 80 of Thermalito. EXCEPTING THEREFROM the portions lying outside of the 20-foot radius returns at all corners of said Block 80 of Thermalito. Containing 2.10 acres more or less. ; _.:..... d —W_0.1 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 JUL 2 2 2004 TELEPHONE: (530)538-7601 FAX: (530)538-7785 July 21, 2004 BY. L:VALLEJO BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION General Plan Amendment/Rezone & Use Permit Use Permit(UP 04-15): Use permit to allow for light manufacturing uses and a 520 sq.ft. welding shop accessory to a Cultural Studio, as provided for under the C-2 (General Commercial) zone. A request is also made to allow for 9 multiple family dwellings to be occupied as live/work dwelling units in conjunction with the Cultural Studio. The live/work dwelling units would be leased to artisans and craftsmen who would live and work on site. The applicant proposes to utilize the existing buildings at the site and modernize them where needed. The four-story refinery building would be developed into a personal residence and guest house. The existing 900 square foot caretaker's residence would remain. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork. These events would take place in an indoor and outdoor gallery. Public restrooms and a 25-space parking lot and handicap parking would be provided. Access to the parking lot would be provided via Feather Avenue. Access to the site via 12°i street and Corona Avenue is available but would be restricted to deliveries and emergency access only. Access would be provided via Corona Avenue to a public parking lot only during special events. A rezone from A-R(Agricultural Residential) to C-2 (General Commercial) and General Plan Amendment from Low Density Residential to Commercial has been submitted concurrently(GPA/RZ 03-03). General Plan Amendment/Rezone(GPA/RZ 03-03): General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R (Agricultural Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work facility (UP 04-15)has been submitted concurrently. APN 031-275-005 (DB) The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting July 22, 2004, through August 24, 2004, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are, invited to review the documents. Written comments will be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. For further information regarding this project, please contact Dan Breedon, project planner, at (530) 538-7629. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury on Thursday, July 24, 2004. July 21, 2004 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and'is considering the adoption of a Mitigated Negative Declaration for the following project: MITIGATED NEGATIVE DECLARATION General Plan Amendment/Rezone & Use Permit Use Permit(UP 04-15): Use permit to allow for light manufacturing uses and a 520 sq.ft. welding shop accessory to a Cultural Studio, as provided for under the C-2 (General Commercial) zone. A request is also made to allow for 9 multiple family dwellings to be occupied as live/work dwelling units in conjunction with the Cultural Studio. The live/work dwelling units would be leased to artisans and craftsmen who would live and work on site. The applicant proposes to utilize the existing buildings at the site and modernize them where needed. The four-story refinery building would be developed into a personal residence and guest house. The existing 900 square foot caretaker's residence would remain. The facility is proposed to be open to the public for special events and exhibits which would showcase produced artwork. These events would take place in an indoor and outdoor gallery. Public restrooms and a 25-space parking lot and handicap parking would be provided. Access to the parking lot would be provided via Feather Avenue. Access to the site via 12`h street and Corona Avenue is available but would be restricted to deliveries and emergency access only. Access would be provided via Corona Avenue to a public parking lot only during special events. A rezone from A-R(Agricultural Residential) to C-2 (General Commercial) and General Plan Amendment from Low Density Residential to Commercial has been submitted concurrently(GPA/RZ 03-03). General Plan Amendment/Rezone(GPA/RZ 03-03): General Plan Amendment and Rezone from Low Density Residential to Commercial and a Rezone from A-R (Agricultural Residential) to C-2 (General Commercial). A Use Permit proposing an artist live/work facility (UP 04-15)has been submitted concurrently. APN 031-275-005 (DB) The California Environmental Quality Act requires this notice to disclose whether any listed toxic sites are present. The project location does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration and reference documents for this project are on file for public review starting July 22, 2004, through August 24, 2004, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. All interested persons are invited to review the documents. Written comments will be accepted by the Planning Division at the above address. Any written comments on the Initial Study/Mitigated Negative Declaration must be received at the above address within the public review period. If you challenge the Initial Study/Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Planning Division. The Butte County Planning Commission will hold a public hearing on this project, the date, time, and location of which has not yet been determined. Landowners within 300 feet of the project site will receive written notice as to the date, time, and location of the Planning Commission hearing. For further information regarding this project, please contact Dan Breedon, project planner, at (530) 538-7629. YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES lr it Form A Notice of Completion & Environmental Document Transmittal Mail to:State Clearinghouse,PO Box 3044,Sacramento,CA 95812-3044 916/445-0613 SCH # Project Title: Steve Seidenglanz,Villa D'Oro LLC, General Plan Amenmdent/Rezone&Use Permit Lead Agency: Butte County Contact Person: Dan Breedon Street Address: 7 County Center Drive Phone: (530)538-7629 City: Oroville Zip: 95965 County: Butte ————————————————————————————————————————— Project Location: County: Butte City/Nearest Community: Thermalito Cross Streets: Feather Avenue and 12th Sreet Zip Code: 95965 Total Acres: 2.10 Assessor's Parcel No. 31-275-005 Section: _Land Grant Twp. -19N Range: -3E Base: Within 2 Miles: State Hwy#: SR-162 Waterways: Ruddy Creek, Feather River,Thermailito Forebay and Afterbay Airports: Orovillle Municipal Railways: None Schools: Poplar, Nelson,Sierra ----------------------------------------- Document ---------------- ---------------------- Document Type: CEQA: ❑NOP ❑Supplement/Subsequent EIR NEPA: ❑NOI Other: ❑Joint Document ❑Early Cons (Prior SCH No. ❑EA ❑Final Document ©Neg Dec ❑Other ❑Draft EIS ❑Other ❑Draft EIR [!FONSI ————————————————————————————————————————— Local Action Type: ❑General Plan Update ❑Specific Plan ©Rezone ❑Annexation X❑General Plan Amendment p Master Plan ❑Prezone ❑Redevelopment ❑General Plan Element ❑Planned Unit Development ©Use Permit ❑Coastal Permit ❑Community Plan ❑Site Plan ❑Land Division(Subdivision, etc.) ❑Other —--——————————————————————————————————————— Development Type: ©Residential: Units 11 Acres 2.10 ❑Water Facilities: Type MGD ❑Office: Sqft. Acres Employees ❑Transportation: Type ©Commercial: Sq.ft. 6,630 Acres Employees ❑Mining: Mineral ❑Industrial: Sq ft. Acres Employees ❑Power. Type Watts ❑Educational ❑Waste Treatment: Type ❑Recreational ❑Hazardous Waste: Type ❑Other: ----------------------------------------- Funding(approx.): Federal $ 0.00 State $ 0.00 Total $ 0.00 ------------------------------------------ Project Issues Discussed in Document: ©AestheticNisual ©Flood Plain/Flooding ❑X Schools/Universities ❑X Water Quality ©Agricultural Land p Forest Land/Fire Hazard ❑X Septic Systems ©Water Supply/Groundwater ©Air Quality ❑X Geologic/Seismic ❑X Sewer Capacity ©'Wetland/Riparian ©Archeological/Historical 2]Minerals ©Soil Erosion/Compaction/Grading ©Wildlife ❑Coastal Zone ❑X Noise ©Solid Waste ©Growth Inducing ©Drainage/Absorption ❑X Population/Housing Balance ❑X Toxic/Hazardous ❑X Landuse ❑Economic/Jobs ❑X Public Services/Facilities ©Traffic/Circulation ©Cumulative Effects ❑Fiscal ❑X Recreation/Parks ❑X Vegetation ❑Other ----------------------------------------- Present ------------------------------------------ Present Land Use/Zoning/General Plan Designation: Historic olive oil refinery/A-R/Low Density Residential ———————————————————————————————————————-— Project Description: Applicant proposes rezone from A-R to C-2(General Commercial)and GPA from Low Density Residential to Commercial. A Use Permit is proposed under the new zone to allow for Live/work dwelling units operated in conjunction with an art studio. Revised 3-31-99 23 Reviewing Agencies Checklist Form A,continued KEY Resources Agency S=Document sent by lead agency Boating&Waterways X=Document sent by SCH Coastal Commission ✓=Suggested distribution Coastal Conservancy Colorado River Board Environmental Protection Agency Conservation Air Resources Board Fish&Game California Waste Management Board Forestry&Fire Protection SWRCB: Clean Water Grants Office of Historic Preservation SWRCB: Delta Unit Parks&Recreation SWRCB:Water Quality Reclamation Board SWRCB:Water Rights S.F.Bay Conservation&Development Commission Regional WQCB# ( ) Water Resources(DWR) Youth &Adult Corrections Business, Transportation & Housing Corrections Aeronautics California Highway Patrol Independent Commissions & Offices CALTRANS District# Energy Commission Department of Transportation Planning(headquarters) Native American Heritage Commission Housing&Community Development Public Utilities Commission Santa Monica Mountains Conservancy Food &Agriculture State Lands Commission Health &Welfare Tahoe Regional Planning Agency Health Services State & Consumer Services Other General Services OLA(Schools) ----------------------------------------- Public Review Period(to be filled in by lead agency) f Starting Date J 21, 2004 Ending Date August 20, 2004 Signature Date July 16, 2004 ----------------------------------------- Lead -----------------------------------------Lead Agency(Complete if applicable): For SCH Use Only: Consulting Firm: Evans Fun Works Address: One Nice Place Date Received at SCH City/State/Zip: Oroville,CA 95966 Date Review Starts Contact: Micheal Evans Date to Agencies Phone: (530 ) 570-5498 Date to SCH Clearance Date Notes: Applicant: Steve Seidenglanz Address: 1416 12th Sreet City/State/Zip: Oroville,CA 95965 Phone: (530 j 530-532-0738 Butte County Department ofDevelopment Services �uT TF YVONNE CHRISTOPHER,DIRECTOR ° ° ° ° 7 County Center Drive ° ° Oroville,CA 95965 ° - -.-- '• ° (530)538-7601 Telephone ° _ �` ° (530)538-7785 Facsimile CQU N•fjy ADMINISTRATION* BUILDING *GIS* PLANNING Date: July 16, 2004 To: Responsible and Trustee Agencies Subject: NOTICE OF INTENT - To Adopt a Proposed Mitigated Negative Declaration for a General Plan Amendment/Rezone & Use Permit for Steve Seidenglanz, Villa D'Oro Properties (GPA/RZ 03-03 and UP 04-15) The Butte County Planning Division has completed an Initial Study, in accordance with the California Environmental Quality Act (CEQA), of potential environmental consequences anticipated in.connection with the above-mentioned project, a copy of which is enclosed. This letter serves as a Notice of Intent to adopt a Mitigated Negative Declaration to allow responsible and trustee agencies a 30-day review period in accordance with Sections 15072 and 15105 of the CEQA Guidelines. Please review the enclosed Initial Study and proposed Mitigated Negative Declaration. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be sent to the above address on or prior to August 20, 2004. A Public Hearing has been tentatively scheduled for August 26, 2004, before the Butte County Planning Commission. If you have any questions regarding the enclosed environmental document, please contact Dan Breedon at 530-538-7629, between the hours of 8:00 a.m. and 4:00 p.m. Sincere , reedon Principal Planner cc: IDR Committee Members (via email) Ray Bruun, Regional Water Quality Control Board Jo Sherman, City of Oroville Thermalito Irrigation District Butte County Department ofDe velopment Services o�U T lF o YVONNE CHRISTOPHER,DIRECTOR 7 County Center Drive O O Oroville,CA 95965 O O (530)538.7601 Telephone 0 -- (530) -(530)538.7785 Facsimile o o ADMINISTRATION*BUILDING*GIS*PLANNING July 16,2004 Mr. Steve Seidenglanz Villa D'Oro Properties, LLC 1416 12a'Street Oroville,CA 95965 Re: Proposed Mitigated Negative Declaration for Steve Seidenglanz Villa D' Oro Properties Use Permit (UP 04-15&GPA/RZ 03-03) Dear Mr. Seidenglanz: Pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act(California Code of Regulations,Title 14,Chapter 3),an Initial Study has been prepared to determine if the above-referenced project would have significant adverse effects on the environment. The Initial Study determined that mitigation measures are necessary to prevent the project from causing significant impacts to the environment and a Mitigated Negative Declaration is proposed. Please review the enclosed initial study and recommended mitigation measures, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Section 15070(b)(1)of the Guidelines requires that the project applicant, or his or her agent, provide a written consent to the proposed mitigation measures prior to release of the proposed Mitigated Negative Declaration and Initial Study for public review. The recommended mitigation measures. constitute a revision to the project. If you agree to the mitigation measures, please sign Section 8 of the Initial Study and return to the Planning Division. If you do not agree to the mitigation measures, please contact this office as soon as possible to discuss possible alternatives. I will need a response from you as soon as possible in order to publish your hearing for the August 26,2004 Planting Commission meeting. Shouldyou have any further questions regarding this Mitigated Negative Declaration, please contact me between the hours of 8:00 a.m. and 4:00 p.m.,Monday through Friday,at(530)538-7629. Since , an re'don Principal Planner Enclosure cc: Michael Evans w/enclosure EVA NI FUN W®RKI Calif. Gen. Eng. Contractor#548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 Fax(530) 589-2366 funworks@sbcjzlobal.net September 30, 2003 Mr. Dan Breedon Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: APN 031-275-005, Villa D' Oro Properties LLC General Plan Amendment Request Rezone Application Dear Mr. Breedon, On behalf of the owner, we respectfully request the above application be amended as follows: 1) The zoning request shall be for C-2; 2) The General Plan amendment will be for Commercial These changes are based upon the Staff reviews and conferences about the project between the owner and yourself, the IDR review and the meeting with the Director and Building Official. Please notify us if you need any additional information. Thanking you in advance for your assistance. Sincere , f Michael G. Evans EVA Aft *CUM W®RKJ CC: Villa D'Oro Properties LLC EVA NI FUN WORKI Calif. Gen. Eng. Contractor#548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 - Fax(530) 589-2366 funworks@sbcjzlobal.net January 28, 2004 Mr. Dan Breedon Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: APN 031-275-005, Villa D' Oro Properties LLC General Plan Amendment, Rezone and Use Permit Dear Mr. Breedon, Please note I have miscounted the potential residential units for the project. We included eight as the maximum; this should be NR&'9 units as the maximum. , Please notify us if you need any additional information. Thanking you in advance for your assistance. Sincerel , Michael G. Evans E OVA wt Cc: S. Seidenglanz BU'TT'E COUNTY SEP 19 2003 EVA Aft FUN WORKI DESERVICES E V S Calif. Gen. Eng. Contractor#548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 Fax(530) 589-2366 funworks@sbcglobal.net September 15, 2003 Mr. Dan Breedon Butte County Dept. of Development Services, Planning 7 County Center Drive Oroville, CA 95965 RE: Villa D'Oro Rezone and GPA Dear Mr. Breedon, Please use the following address for correspondence with the applicant: Steven Seidenglanz Villa D'Oro Properties, LLC 1245 Oro Dam Blvd., Suite 51-1 Oroville, CA 95965 Thank you for your assistance. CSin ely Michael G. Evans EVANI FUN W®RKI DEPARTMENT OF DEVELOPMENT SERVICES �%%QT tF PLANNING DIVISION BUTTE 00 COUNTY 00 7 County Center Drive ° ` 3 Oroville,CA 95965-3397 JUL 2 9 2003 o° '=' -� ° Telephone: 530 538-7601 o FAX: (530)538-7785 DEVELOPMENT SERVICES TO: Public Works FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Seidenglanz, Villa D' Oro Properties, LLC, General Plan Amendment and Rezone - GPA/RZ 03-03 DATE: July 9, 2003 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, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to July 23, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23, 2003 before the: IX I Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I.(Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermal ito area., Identified as APN# 031-275-005 County Supervisor District No: 1 COMMENTS: (Please be specific. . Letters or additional comments may be attached): By: Date: Z 11.163 RECEIVED J U L 0 9 2003 COUNTY OF BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE APPLICANT: Steve Seidenglanz, Villa D' Oro Properties, LLC DATE: July 9, 2003 AGENT: Michael Evans, Evans Fun Works APN: 031-275-005 FILE #: GPA/RZ 03-03 PLANNER: Craig Sanders PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial) Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS 1. s o tain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2. 426or /d to Butte County, in fee simple,30 feet of right-of-way from the centerline of/Z Sig feAT ��� 6,-,,114 41e The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. y/�i'v n2w h&/ S . 3. Prior to the issuance of building permits submit road and drainage Improvement plans for the installation and construction of the street frontage improvements on /2'045,r Fearg&zq„, to C ZA standard,including but not limited to P.C.C.curb,gutter and sidewalk and the required street section for parcels, Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot"no access strip"or relinquish abutters rights to Butte County,along the frontage of parcels ,except at approved access points. B. DRAINAGE �v /IZr,✓ 6vr l�s S 1. Prior to the issuance of building permits a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained.on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations(by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS 1. Prior to the issuance of the Rezone,prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. RECEIVED JUL ® 9 2003 COUNTY OF BUTTE LAND DEVELOPMENT DIV. Butte County Depanfinent ofDevelopment Services %3 T tF YVONNE CHRISTOPHER,DIRECTOR o 0 0 0 0 0 7 County Center Drive o - - - - o Oroville,CA 95965 0 -` �='�' o (530)538.7601 Telephone COU Nty (530)538-7785 Facsimile ADMINISTRATION*BUILDING*GIS*PLANNING January 16, 2004 Steven Seidenglanz 1245 Oro Dam Blvd., Suite 5 1-1 Oroville, CA, 95965 Re: General Plan Amendment, GPA/RZ 03-03, 031-275-005 Dear Seidenglanz: In an effort to keep our customers informed, we are notifying all applicants of their current status and assigned planner. This is to inform you that Your project has been assigned to Dan Breedon and he can be reached at 538-7603, between 8:00 a.m. and 4:00 p.m. Your project is tentatively scheduled for March 25, 2004.. Should you have any questions regarding your application,please call the planner listed above. Sincerely, L Richardson y� Planning/Administrative Support Service Assistant Cc: Michael Evans, Evans Fun Works ovTrFo p O O o Memorandum TO: IDR Members FROM: Dan Breedon, Principal Planner SUBJECT: Seidenglanz GPA/RZ 03-03 (Villa D' Oro Properties) DATE: August 19, 2003 Department of Development Services Planning Division Attached, please find copies from the Zoning Ordinance and General Plan for purposes of discussion. Planning Division staff has made several suggestions concerning which zone and General Plan designation best fits the proposed use. I will be discussing this request with the project representative and reporting back to the IDR. K:\Planning\PROJECTS\GPA\Seidenglanz\MEMO.doc ❑ LAND USE ELEMENT O INDUSTRIAL Primary Uses: Processing, manufacturing, packaging, storage and distribution of goods and commodities. Secondary Uses: Light commercial uses, dwellings, utilities, public and quasi-public uses. Site Designation Criteria: - 1. Needed for industrial development within 20 years. . 2. Adequate water supply and sewage disposal capabilities. 3. Adjacent or near utilities and industrial development. 4. Adjacent or near arterial roads, railroads or major airports. 5. Less than 20% slopes. 6. Adequate fire and police protection. 7. Not immediately adjacent to residential uses. Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate intense industrial development. Residential and light commercial uses limited to minimize conflicts with industrial uses. Consistent Zones: M-1, M-2. Zoning Factors: 1. Existing types of industrial use in area. 2. Parcel sizes. 3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality. 4. Local desires. ❑BUTTE COUNTY GENERAL PLAN❑ADOPTED BY RESOLUTION 79-222❑October 30, 1979❑ LUE - 59 I Doi THERMALITO O o Grand Ave. Oroville CA.95965 BUTTE IRRIGATION DISTRICT COUNTY JUL 2 12003 DEVELOPMENT SERVICES July 18, 2003 Butte County Planning Division 7 County Center Dr. Oroville,CA 95965-3397 Proposal Name: Steve Seidenglanz GPA/RZ 03-03 RE: Land Use Application Graig Sanders The Project at 1416 12`h Street, Oroville, CA 95965 is to be considered. We have a TID sewer main on the 12`h Street side, and a water main on the North side of this project and there has been no Ten- foot wide strips abandoned to the owner on these sides. Will the new Industrial zoning allow residential dwelling to exist with in this zoning? There are planned dwelling units to be developed with in the confines of this project. Thermalito Irrigation District reserves the right to perform sewer and water audits on the premises as needed to account for the new dwelling units that will add to the sewer and water demand on TID sewer and water systems. Please contact our office if you require additional information. Very Truly Yours, �DJ I Michael L. Edwards Compliance Officer _ ®wTTFo 0 0 0 Department of Development Services ° -- _ c�U INTER-DEPARTMENTAL REVIEW COMMI'T'TEE DATE/TIME: Wednesday, August 20, 2003 at 1:00-3:00 p.m. LOCATION: Klamath Conference Room 202 Mira Loma Drive Oroville, California AGENDA NOTE: THE PROJECT COMMENTS WILL BE FORWARDED TO THE IDR COM1vM= BY MONDAY,. AUGUST 18TH. OROVILLE 1. Villa D'Oro Properties, GPAIRZ 03-03 (APN: 031-275-005) Planner: Dan Breedon Review Type: Status Report General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural -Residential) to L-I(Limited Industrial). The project is located at the northeast corner of 12th Street and Feather Avenue. 2. Tait & Associates, Inc., UP 04-02 (APN: 069-590-008) Planner. Mark Michelena Review Type: Final Condition Writing Use Permit to modify UP 79-26 (the expansion of an existing use; the development of a permanent building to house the Pacific Telephone and Telegraph Company communications equipment, switching and power equipment, replacing the existing equipment modules on the site), by replacing a 1,000 gallon underground fuel storage tank with a 1,000 gallon above ground tank. The project is located on the south side of ' Rachel Drive, approximately 200 feet east from the intersection of Heritage Road and Rachel Drive, in the Kelly Ridge area. 3. Condition Writing Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530)538-7604 Page 1 of 1 A o��Tr�o 0 0 0 0 Memorandum =J y o TO: IDR Members r% V �J FROM: Dan Breedon, Principal Planner .\J SUBJECT: Seidenglanz GPA/RZ 03-03 (Villa D' Oro Properties) DATE: August 19, 2003 Department of Development Services Planning Division Attached, please find copies from the Zoning Ordinance and General Plan for purposes of discussion. Planning Division staff has made several suggestions concerning which zone and General Plan designation best fits the proposed use. I will be discussing this request with the project representative and reporting back to the IDR. K:\Planning\PROJECTS\GPA\Seidenglanz\MEMO.doc A ❑ LAND USE ELEMENT ❑ COMMERCIAL Primary Uses: Structures and activities providing a full range of merchandise and services to the general public. Secondary Uses: Wholesale storage and distribution, processing and manufacturing, transient lodging, dwellings and group quarters, home occupations, utilities, public and quasi-public uses. Site Designation Criteria: 1. Needed for commercial development within 20 years. 2. Good road accessibility to service area or traveling public. 3. Adjacent or near utilities, walkways and commercial development. 4. . Less than 20% slopes. 5. Adequate fire and police protection. 6. Adequate water supply and sewage disposal capabilities. Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate commercial development. Residential and industrial uses limited to minimize conflicts with commercial uses. Consistent Zones: C-1, C-2, C-C, H-C, N-C, PA-C, R-4, S-H. Zoning Factors: 1. Existing types of commercial and non-commercial uses in area. 2. Traffic volumes on nearby streets. 3. Number of residents in service area. 4. Parcel sizes. 5. Effects on adjacent uses, water quality, air quality, noise,traffic flow and safety, and general environmental quality. 6. Local desires. ❑BUTTE COUNTY GENERAL PLAN O ADOPTED BY RESOLUTION 79-222 O October 30, 1979❑ LUE - 58- ❑ LAND USE ELEMENT ❑ INDUSTRIAL Primary Uses: Processing, manufacturing, packaging, storage and distribution of goods and commodities. Secondary Uses: Light commercial uses, dwellings, utilities, public and quasi-public uses. Site Designation Criteria: - 1. Needed for industrial development within 20 years. 2. Adequate water supply and sewage disposal capabilities. 3. Adjacent or near utilities and industrial development. 4. Adjacent or near arterial roads, railroads or major airports. , 5. Less than 20% slopes. 6. Adequate fire and police protection. 7. Not immediately adjacent to residential uses. Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate intense industrial development. Residential and light commercial uses limited o minimize conflicts with industrial uses. Consistent Zones: M-1, M-2. Zoning Factors: 1. Existing types of industrial use in area. 2. Parcel sizes. 3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality. 4. Local desires. ❑BUTTE COUNTY GENERAL PLAN❑ADOPTED BY RESOLUTION 79-222❑October 30, 1979❑ LUE - 59 24-141 width requirements for residential uses shall conform to (3) Adult hotels and motels, subject to the sections 24-75 and 24-80 of this Code. requirements of article IV,adult business regulation, of (2) Minimum lot size:None, for commercial uses, chapter 15 of this Code. except as required to meet parking and building site (b) Accessory uses: development requirements and minimum sewage (1) A single family dwelling or modular home as an disposal requirements of chapter 19 of the Butte County accessory use tc a commercial use listed above, subject Code. Residential uses shall meet the requirements of to the site requirements of section 24-75. sections 24-75 and 24-80. (c) Uses requiring use permits:The following uses (3) Side yard requirements:None,except when the are permitted subject to a use permit: side of a lot abuts upon the side of a lot that is zoned to (1) Welding shops,auto body shops. allow a residential use,in which case the side yard shall (2) Manufacturing of clothing;handicraft products, be not less than ten(10)feet.The side yard requirements printing,lithographing and other light manufacturing or for residential uses shall conform to section 24-75 of this industrial uses of similar character. Code. (3) Public or quasipublic uses not specifically (4) Rear yard: None, except where the rear yard allowed in subsection(a),above. abuts a lot that is zoned for to allow a residential use,in (4) Shopping malls and shopping centers on sites of which case the rear yard shall be not less than ten(10) five (5) acres or greater, commercial recreation uses, feet.The rear yard requirements for residential uses shall kennels and small animal hospitals,and mortuaries. conform to section 24-75 of this Code.(Ord.No.3176,§ (5) Recycling facilities as per section 24-275. 1(Exh.A), 1-24-95;Ord.No.3619, § 5,7-25-2000) (6) Resider-tial uses not in conjunction with a permitted use, mcreational vehicle parks, multi=family 24-141 Wireless communication facilities dwellings,and mobile home parks. in the C-1 (Light Commercial) (d) Uses requiring an administrative permit. The Zone. following uses may be permitted subject to the Notwithstanding anything to the contrary in section requirements of section 24-40: 24-140, wireless communication facilities are not (1) Temporary uses as listed in section 24-300. allowed in the C-I (Light Commercial) Zone unless a (2) Reverse vending machine and small collection permit is obtained,subject to the requirements of section recycling facilities pursuant to section 24-275. 24-262.(Ord.No.3569, § 11, 12-7-99) (e) Site requirements: The following site requirements shall apply: 24-142-24-144 Reserved. (1) Lot width required:Minimum lot width shall not be less than forty-five(45)feet for commercial uses.The 24-145 C-2(General Commercial)Zone. lot width requirements for residential uses shall conform (a) Uses permitted: to sections 24-75 and 24-80 of this code. (1) All uses permitted in C-1 (Light Commercial) (2) Minimum lot size:None,except as required to . Districts, meet parking and building site development requirements (2) General commercial uses, including art shops, and minimum sewage disposal requirements of chapter aviaries,bars and cocktail lounges, billiard,parlors and 199f the Butte County Code.Residential uses shall meet pool halls, bowling alleys, building material sales, the requirements of sections 24-75 and 24-80 of this cleaning and pressing establishments, dance halls, Code. interior decorating shops, employment agencies, (3) Side yard requirements:None,except when the governmental legislative buildings,gymnasiums,public, side of a lot abuts upon the side of a lot that is zoned to commercial or physical cultural studios,hospitals,hotels allow a residential use,in which case the side yard shall and motels, laboratories and X-ray facilities, massage be not less than ten(10)feet.The side yard requirements parlors and reducing salons, equipment rentals, pet for residential uses shall conform to section 24-75 of this shops,new and used car sales, repair garages, auto car Code. washes, plumbing shops, cabinet shops, sign (4) Rear yard: None, except where the rear yard manufacturing shops, restaurants with drive through abuts a lot that is zoned to allow a residential use, in facilities,and other similar uses. which case the rear yard shall be not less than ten (10) feet.The rear yard requirements for residential uses shall 306 I . 24-146 conform to section 24-75 of this Code.(Ord.No.3176,§ (3) Adult hotels and motels, subject to the 1(Exh.A), 1-24-95;Ord.No. 3619, § 6,7-25-2000) requirements of article IV,adult business regulation,of chapter 15 of this Code. 24-146 Wireless communication facilities (c) Uses requiring a use permit: in the C-2(General Commercial) (1) Multiple dwellings and dwelling groups,subject Zone. to the height limit,building site area three thousand two Notwithstanding anything to the contrary in Section hundred fifty (3,250) square feet per unit, average lot 24-145, wireless communication facilities are not width and yard requirements specified in the R-3 zone. allowed in the C-2(General Commercial)Zone unless a (2) One(1)single-family residence per parcel or a permit is obtained,subject to the requirements of section single-family residence, when attached to the main 24-262.(Ord.No.3569,§ 12, 12-7-99) building in which the commercial use exists, and the residence is inhabited by the owner, employees, or 24-147-24-149 Reserved. operator of the commercial use.Any permit required for the commercial use must first be secured. 24-150 C-C(Community Commercial) (3) Mobile home parks not to exceed ten (10) Zone. dwelling units per acre. (a) Purpose: The purpose of the community (4) Public and quasipublic uses. commercial (C-C) zone is to provide a wide range of (5) Small animal hospitals(indoor kennels only). facilities for the sale of goods and provision of personal (6) Sales of new or used autos, boats or services. When applied to shopping areas, the uses are motorcycles,dancing academies or halls,open-air retail generally conducted within a building,and may range in sales,theaters,bowling alleys, skating rinks,pet shops, size from neighborhood centers, which may have a wholesale stores,mini-storage facilities,mortuaries,used supermarket as a principal tenant, to a commercial or secondhand goods,and other uses which are of similar center,which may also include a department or variety character. store as a principal tenant.When applied to commercial (7) Recycling facilities as per section 24-275. areas of town centers or other existing places with (d) Uses requiring an administrative permit: The similar activities,the uses may be broadened to include following uses may be permitted subject to the outdoor retail uses,such as auto sales. requirements of section 24-40: (b) Uses permitted within buildings.The following (1) Temporary uses as listed in section 24-300. uses are permitted in the C-C zone: (2) Reverse vending machine and small collection (1) Retail stores and shops of a light commercial recycling facilities pursuant to section 24-275. character including appliance stores, banks or other (e) Site development standards. The following financial institution that provides a direct service to the development standards shall apply to all development in public,insurance or real estate sales,barbershops,beauty the C-C zone, except that specific standards may be parlors,bookstores,dry cleaning,laundry or laundromat, modified by use permit if the approving body finds that day care centers, dress shops, drugstores, market or the modification is necessary to provide a superior grocery stores,furniture stores,millinery shops,standard project design over what would ordinarily occur with the restaurants which may serve alcoholic beverages with . basic standards and that the modified project fits meals, refreshment stands, service stations, auto lube harmoniously with the surrounding area. facilities and auto wash facilities, studios,tailor shops; (1) Maximum structural height:Forty-five(45)feet business,professional or medical office;medical,dental (2) Minimum building site area: Ten thousand or optical laboratory; blueprinting, photocopying or (10,000)square feet lithography store; nursery or garden supply; travel or (3) Minimum lot width: The minimum lot width is ticket agency;repair shops for shoes,radios,televisions sixty-five(65)feet. or other domestic appliances;and other uses which are of (4) Minimum front yard required:Twenty(20)feet similar character to those enumerated and which will not for all buildings or structures except that off-street be detrimental or obnoxious to the neighborhood in parking areas shall have a minimum of ten(10)feet. which they are to be located. (5) Minimum side yard required: None, except (2) Hotels, motels,health clubs, service clubs and when the side of a lot abuts upon the side of a lot that is lodge halls,churches,hospitals,sanitariums. zoned to allow a residential use, in which case the abutting side yard shall not be less than ten(10)feet.The 307 24-151 street side of a corner lot shall have a twenty(20) feet 3176, § 1(Exh. A), 1-24-95; Ord. No. 3619, § 7, 7-25- setback for all buildings or structures except that off- 2000) street parking areas shall have a minimum of ten (10) feet. 24-151 Wireless communication facilities (6) Minimum rear yard required:None,except that in the C-C(Community it shall be twenty(20)feet when adjacent to a zone that Commercial Zone. allows a residential use. Notwithstanding anything to the contrary in section (7) Parking required:Off-street parking and loading 24-150, wireless communication facilities are not shall be provided in conformance with the provisions of allowed in the C-C (Community Commercial) Zone section 24-240, said parking areas shall be paved and unless a permit is obtained,subject to the requirements of striped to county standards. section 24-262.(Ord.No.3569, § 13, 12-7-99) (8) Landscaping:Landscaping requirements shall be provided in conformance with the provisions of section 24-152-24-154 Reserved. 24-240.10. (9) Outdoor lighting required:All lighting,exterior 24-155 H-C(Highway Commercial)Zone. and interior, shall be designed and located so as to (a) Uses permitted: confine direct lighting to the premises. A light source (1) One(1)single-family dwelling or modular home shall not shine upon or illuminate directly on any surface per parcel. other than the area required to be lighted. No lighting (2) The use of a single-family residence as a small shall be of the type or in a location such that it constitutes family day care home,licensed family care home,foster a hazard to vehicular traffic,either on private property or home, or group home for mentally disordered or on abutting streets. otherwise handicapped persons or neglected children. (10) Signs: Building signs shall not exceed a Said homes shall serve six(6)or fewer persons and shall combined size of one (1) square foot in area for each be subject to all applicable state regulations and lineal foot of building frontage. limitations. (1 l) Outdoor trash storage:All outdoor trash storage (b) Accessory uses: and collection facilities shall be enclosed by a solid (1) Those uses and structures normally associated masonry wall or view-obscuring fence at least one (1) with a single-family residential use and are in foot higher than the trash container. conjunction with or incidental to the residential use, (12) Zone walls:Where a commercial use adjoins a including,but not limited to,a garage,workshop,garden, residential zone or use,the following shall apply: private swimming pool,private tennis court,gazebo,spa, a. Install and maintain a sound-deadening wall etc. (such as slumpstone).of six(6)to eight(8)feet in height (2) A guest house as defined by section 24-305.175. or a planted berm six(6)feet in height or a combination (c) Uses requiring use permits.The following uses wall and berm on any exterior boundary line which is a are permitted subject to a use permit: common. property line with any residential zoning (1) Duplex, multi-family dwellings, bed and district. breakfast inns,and multiple single-family residences. b. The wall shall not exceed three(3)feet in height (2) Hotels and motels,clubs,lodge halls,hospitals, within twenty(20)feet of the right-of-way. sanitariums and clinics. C. Where a topographic,natural vegetative barrier (3) Retail stores and shops of light commercial or a grade differential exists between the two (2) character as listed in the C-1 zoning district. properties or if there is a significant distance between the (4) Outdoor advertising signs, new automobile uses that will provide the same buffering,exceptions to sales,amphitheaters and theaters,small animal hospitals, the wall or berm regulations may be made,in whole or in dance academies,pet shops,mortuaries,used car sales, part with review and approval by the director of used or secondhand goods,refreshment stands, service development services. stations,drive-in restaurants and other uses which are of (13) Noise:Noise generated by the commercial use similar character. shall be restricted to sixty (60) decibels (dB) at the (5) Recreational vehicle and mobile home parks. common property line for a period of six (6)hours per (6) Public and quasipublic uses. day with no noise exceeding eighty(80)dB. (Ord. No. (7) Recycling facilities as per section 24-275. 308 1 • 24-168 C. Only exterior illumination of signs shall be b. Retain major natural topographic features, permitted. including canyons, knolls, ridgelines, and prominent d. Billboards and off-site signs are specifically landmarks. prohibited. (12) Agricultural lands and sensitive environmental e. All signs shall be constructed of materials able and historic features. to withstand local weather conditions with little or no a. Buffers shall be provided to agricultural lands degradation in appearance or function. and sensitive environmental and historic features outside (5) Lighting. All exterior lighting fixtures shall be the research and business park. shielded and oriented downward to minimize light b. Agricultural uses may be integrated into private spillage and glare beyond the research and business park. or common open space or landscaped areas within the (6) Walls and fences. research and business park- a. All walls and fences shall be buffered with C. Mature trees, creeks, rock outcroppings and landscaping and/or landscaped earthen berms. other natural features shall be preserved and incorporated b. Walls and/or fences shall be constructed of into business parks whenever possible.Historic features, durable,low maintenance materials.Chain link fencing such as rock walls,should also be incorporated. is prohibited. d. Flexible lot sizing and clustering of development C. Solid walls and fences higher than three(3)feet areas is encouraged as a means of preserving and in height are not permitted within the required setback incorporating sensitive land features within a research areas. and business park. (7) Pedestrian and bicycle circulation. e. Maintain a building and grading setback of at a. A pedestrian and bicycle circulation plan shall least one hundred(100)feet from the top of bank or high be prepared. water mark(whichever is greater)from perennial streams b. Bicycle lockers and racks are required.Safe and and riparian areas. convenient pedestrian and bicycle access shall be (13) Streetscape. A consistent streetscape theme provided from parking areas to buildings, between addressing all elements of the streetscape,including plant buildings, to streets and throughout the research and materials, street lighting fixtures, street signage, and business park pavement,shall be created. C. Consideration should be given to provision of (k) Deed restrictions. Where multiple owners or employee shower and locker room facilities as a means parcels are included, deed restrictions, or covenants, of encouraging bicycle commute travel. conditions and restrictions(c,c and rs),administered and (8) Public transit.Provision shall be made for public enforced by a property owners association shall be transit facilities along research and business park streets submitted as part of the administrative permit process. and in parking areas, in accordance with county transit They shall be reviewed and approved by the director of requirements. development services and the county counsel's office to (9) Loading and service areas and mechanical assure conformance with the master development plan. equipment. Particular attention shall be given to the All uses within the research and business park shall siting of loading and service areas to minimize visual and adhere to the recorded c,c and rs. acoustical impacts.Visual and acoustical screening shall C, c and rs shall give particular attention to be included,where needed. administration and enforcement of design guidelines and (10) Public facilities and utilities.All utilities shall be to maintenance of common open space and landscaping. installed underground,with the exception of transformers (Ord.No.3575,§ 1, 1-11-2000) which may be pad-mounted.Pad-mounted facilities shall be screened from off-site view using shrubs. 24-168,24-169 Reserved. (11) Grading,drainage,and erosion control.Contour grading techniques shall be used to blend site grading Industrial Zones into natural topography.Grading shall be designed to: a. Conserve natural topographic features by 24-170 L-I(Limited Industrial)Zone. minimizing the amount of cut and fill and by blending (a) 'Uses permitted: graded slopes and benches with the natural topography; (1) Storage and distribution of goods and materials, and including wholesaling, warehouses, moving services, vehicle storage, mini-storage, equipment rental yards, 317 24-171 storage of surplus goods including outdoor storage, disposal requirements of chapters 19 and 20 of the Butte delivery services and similar uses, but not including County Code. storage of flammables, explosives or materials which (2) Side yard.None,except where the side of a lot create dust,odors or fumes. abuts a zone that allows a residential use,in which case (2) Off-site construction and maintenance services, the side yard shall be not less than twenty(20)feet. including building,electrical,plumbing,heating,roofing, (3) Rear yard. None, except where the rear yard painting,landscaping,excavation and similar contractors abuts a zone that allows a residential use,in which case and janitorial, fumigating, septic tank pumping, and the rear yard shall be not less than twenty(20)feet. similar services. (4) Truck loading and unloading space.Private off- (3) Assembly and light manufacturing uses which street loading space for the handling of all goods, are not objectionable,obnoxious or offensive by reason materials and equipment shall be provided. Such space of emission of noise,smoke,dust,odors,fumes,cinders, shall be of sufficient area and of such design as to permit heat,bright lights, vibration,radiation,refuse matter or the parking and loading of vehicles without extending water-carried waste and which do not involve the into any existing street beyond the curbline. handling of flammable,explosive or dangerous materials. (5) Off-street parking space. The provisions of Permitted uses include woodworking and cabinet shops, section 24-240 shall apply. auto body shops, sheet metal work,printing, engraving (6) Enclosure.All uses must be conducted entirely and sign manufacture, and manufacture of clothing, within an enclosed building or structure or within an area handicrafts, tools, instruments, fixtures, parts and enclosed on all sides by a solid wall or fence at least six equipment from previously prepared materials, but do (6) feet in height or by a chainlink fence at least six(6) not include casting,milling,smelting,refining,weaving, feet in height with a six-foot planting buffer maintained rebuilding, recycling, brewing, bottling, canning, in healthy condition,except that the provisions of section tanning,rendering or any chemical processing. 10-9 shall apply to fences and walls within the required (4) Public uses and utilities,not including recreation front yard and street setback area. (Ord. No. 3176, § facilities, disposal sites, sewage treatment and power 1(Exh.A), 1-24-95) plants. (5) Residence of caretaker or proprietor. 24-171 Wireless communication facilities (6) Advertising signs. in the LI(Limited Industrial)Zone. (b) Accessory uses: Notwithstanding anything to the contrary in section (1) Retail sales in conjunction with and accessory to 24-170, wireless communication facilities are not any of the permitted uses when no more than twenty-five allowed in the L-I (Limited Industrial) Zone unless a (25)percent of the floor space is devoted to sales. permit is obtained,subject to the requirements of section (2) Reserved. 24-262.(Ord.No.3569, § 17, 12-7-99) (c) Uses requiring use permits.The following uses are permitted subject to a use permit: 24-172-24-174 Reserved. (1) Public and quasipublic uses. (2) Recycling facilities as per section 24-275. 24-175 M-1 (Light Industrial)Zone. (3) Commercial recreation uses. (a) Uses permitted: (d) Uses requiring an administrative permit. The (1) Wholesale and storage warehouses,minor waste following uses may be permitted subject to the tire storage facility,reverse vending machines,small and requirements of section 2440: large collection recycling facilities. (1) Temporary uses as listed in section 24-300. (2) The assembly and storage of goods, materials, (2) Small collection recycling facilities pursuant to liquids and equipment (except the storage of section 24-275. inflammable matter or explosives or materials which (e) Site requirements. The requirements of section create dust,odors or fumes). 24-75 of this Code are modified for all building sites in (3) Feed storehouses and warehouses and fuel yards. "L-P"zones in the following particulars: (4) Industrial uses including,but not limited to,the (1) Lot area and width. There is no lot area following: the manufacturing, processing, fabricating, minimum nor lot width minimum except as may be assembling,refining,repairing,packaging and treatment required for the building and for off-street loading area of goods, materials and products by power(oil, gas or and parking and that area required to meet the sewage electric),including,by way of example and illustration, 318 DEPARTMENT OF DEVELOPMENT SERVICES '�J(IL 11 2003 %)T PLANNING DIVISION Bt.TTE '? \/C v ��j00 7 County Center Drive COUNTY 0 / o Oroville,.CA 95965-3397 JUL 1 8 2003 o`J=' '-�� o Telephone: (530) 538-7601 C y FAX: (530)538-7785 DEVELOPMENT OU N� SERVICES TO: Ag. Commissioner FROM: rC�raig-Sax ¢rs, Butte County Planning Division z) SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Seidenglanz, Villa D' Oro Properties, LLC, General Plan Amendment and Rezone - GPA/RZ 03-03 DATE: July 9, 2003 The Planning Division has received a project application as descried below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to July 23, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23, 2003 before the: Fx1 Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area., Identified as APN# 031-275-005 County Supervisor District No: 1 COMMENTS: (Please be specific. Letters pr additional comments may be attached): By: _C� �• 3 ► - Date:. 7 Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers Chico,CA 95926 Chico Land Rights Office 530/8944423 FAX 530/8944414 BUTTE COUNTY JUL 16 2003 July 14, 2003 DEVELOPMENT SERVICES 1 Mr. Craig Sanders Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 ! RE! General Plan Amendment and Rezone(Villa D' Oro Properties) File: GPA/RZ 03-03,APN: 031-275-005 Dear Mr. Sanders: We have reviewed the subject map. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions,please call me in Chico at 894-4423. Sincerely, Cil Donald W. Chambers Land Agent (file: GPARZ03-03.doc) L� Divi tvtL i`7" •7Llt V IC.�iJ PLANNING DIVISION vio� oouTrFoo 7 County Center Drive , ✓� 114N o =°'� o 0 Oroville,CA 95965-3397 CO / o �h o '` �' o Telephone: (530) 538-7601 Uny"C 9?0 C •� FAX: (530)538-7785 ®rot"- n/et��'� �UN� C,� TO: Environmental Health FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Seidenglanz, Villa W Oro Properties, LLC, General Plan Amendment and Rezone - GPA/RZ 03-03 DATE: July 9, 2003 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, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to July 23, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23, 2003 before the: Fx-1 Planning Commission F-1 Development Review Committee I PROJECT DESCRIPTION:General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area., Identified as APN# 031-275-005 County Supervisor District No: 1 COMMENTS: (Please be specific. Letters or additional comments may be attached): (,t3 ay, n ` tut-AD-ot4dQ3 to JA`A&FOSIMQa 4cn c !& W-9-W" o C ` U(1 / W Q C rz d Cocyt �n� a fi o �U . By: Date: 25-16-9 ,63 G0°nty Air �, po 2525 Dominic Drive,Suite J W.James Wagoner Chico,CA 95928 Air Pollution Control Officer (530)891-2882 Robert McLaughlin (530)891-2878 Fax Asst.Air Pollution Control Officer s a e+'yent IR July 22, 2003 COU T JUL 2 4 2003 Craig Sanders, Butte County Department OEVELOP NT Development Services Planning Division SERVICES 7 County Center Drive Oroville, CA 95965 Re: Steve Seidenglanz, Villa D' Oro Properties - GPA/RZ 03-03 Dear Mr. Sanders: The District has reviewed the request for comments for a Rezone and GPA, which proposes an upgrade to an existing olive oil.refinery buildings for use as industrial lease spaces for artisans and trades craft person. Based on the information submitted the District recommends incorporating measures to control fugitive dust emission from all road and other construction activities during project improvements. Measures may include site and driveway watering and/or use of,other acceptable soil palliatives. Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact the District at 891-2882. Sincerely, r /VIVA/ ,f Gail Williams Air Quality Planner File No 3452 t:\apps_files\eir\bcgpa&rz03-03.doc DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ' 7 County Center Drive Oroville,CA 95965-3397 Telephone:(530) 538-7601 FAX: (530)538-7785 TO: u� FROM: Dan Breedon,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steven Seidenglanz, General Plan Amendment- GPA/RZ 03-03 APN: 031-275-005 DATE: July 31,2003 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, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R(Agricultural-Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area County Supervisor District No: 1 ZONING: A-R.(Agricultural-Residential) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to August 15, 2003, please call Dan Breedon at (530) 538-7603. You do not have to respond to this request if you have no comments to include.Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23,2003, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): COWO-510WX OF a S AIC 04 �WV 16UIOIA16S . A By: !t'V\- Date: �� �3 DEPARTMENT OF DEVELOPMENT SERVICES �vTTF PLANNING DIVISION LAPCe o ° o 7 County Center Drive -° --__ ° Oroville,CA 95965-3397 J U L 9 2003 o o Telephone: (530) 538-7601 -�r FAX: (530) 538-7785 oroVlll@,Callfornla cOUN'�y TO: LA FCo FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Seidenglanz, Villa W Oro Properties, LLC, General Plan Amendment and Rezone - GPA/RZ 03-03 DATE: July 9, 2003 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, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to July 23, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23, 2003 before the: Fx-] Planning Commission F-1 Development Review Committee PROJECT DESCRIPTION: General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area., Identified as APN# 031-275-005 County Supervisor District No: 1 10'# 010 COMMENTS: (Please be specific. Letters or additional comments may be attached): I,ofnv;lL cfine'ttf. pis-4. 1t-IISober LIKE A 62EAn ra "It -4 PROJECT 1 .4 2._Qr0V,ll, Mo.�juj4c, Coe'In Z Nb -�ftcLIECfA.1 00 lZ 3. FCA 4c, Ave, P t a. t4"w OF SGn sac cc 6!L r. Aoa-b lb la i Ot-not+aL S•. ,.tet t U. .S.0, By: .0CA S Date: y 1 t D 7. csq z(, 8. T. I. D. I. CsA lGq t !',�. l } X �r 4 Tr If ,,= ;U DEPARTMENT OF DEVELOPMENT SERVICES V� T 0 o rF PLANNING DIVISION o 0 7 County Center Drive o 0 0 - - Oroville,CA 95965-3397 0 `= aJ o Telephone: (530)538-7601 CDU N'�y FAX: (530)538-7785 TO: Regional Water Quality Control Board,ATTN: Ray Bruun FROM: Dan Breedon,Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steven Seidenglanz,General Plan Amendment - GPA/RZ 03-03 APN: 031-275-005 DATE: July 31,2003 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, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: General Plan Amendment.from Low Density Residential to Industrial and a Rezone from A-R(Agricultural-Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area County Supervisor District No: 1 ZONING: A-R (Agricultural-Residential) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to August 15, 2003, please call Dan Breedon at (530) 538-7603. You do not have to respond to this request if you have no comments to include.Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for October 23, 2003, before the Planning Commission. COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: Breedon, Dan From: Sanders, Craig Sent: Tuesday, July 15, 2003 7:24 AM To: Breedon, Dan Subject: FW: Seidenglanz Application A#03-292 -----Original Message----- From: Wannenmacher, Felix Sent: Monday, July 14, 2003 4:07 PM To: Sanders, Craig; Christopher, Yvonne; Baker, Joseph Subject: Seidenglanz Application A#03-292 Hi Craig, Yvonne, and Joe, I have reviewed the application. Changing from LDR or MDR(as the applicant believes)to I is quite a change. Look at the site designation factors for I, especially#7. The applicant points out that the area is predominantly residential. You should also look at the zoning factors under I. I am not sure I is the most appropriate designation for the proposed uses. It looks more like an arts and crafts facility. Perhaps leaving it MDR, if that is what it is, would be more appropriate. Otherwise some type of C. I seems too extreme, although I await your characterization of the surrounding area. As we know, L-I is not listed in the general plan as consistent with any zone. It seems the primary reason for requesting this zone is 24-170(a)(3) under the permitted uses. Since L-I is nowhere in the general plan, it might fit under other designations, or some other zoning may be more appropriate. The size of the property, 2.1 acres, seems somewhat small for-I. You should critically evaluate this request. Felix Wannenmacher Butte County Counsel (530) 538-7621 ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE CONFIDENTIALITY NOTICE: This e-mail transmission,and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient,or a person responsible for delivering this e-mail to the intended recipient,then you are(1) notified that any disclosure,copying,distribution,saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this e-mail and any attachments,and (3)requested to immediately notify us by e-mail that you mistakenly received this message (countycounsel@buttecounty.net),fax(530)538-6891,or telephone(530)538-7621. Thank you. t DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION C��T rF0 G \ o 7 County Center Drive ° - _� ° Oroville, CA 95965-3397 0``'':�-� o Telephone: (530) 538-7601 C y FAX: (530)538-7785 0UN'� TO: FROM: Craig Sanders, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Steve Seidenglanz, Villa W Oro Properties, LLC, General Plan Amendment and Rezone - GPA/RZ 03-03 DATE: July 9, 2003 The Planning Division has received a project application as descried below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. If a response cannot be submitted prior to July 23, 2003, please call Craig Sanders at (530) 538-7603. You do not have to respond to this request if ou have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentativel d, le. or October 23, 2003 before the: ,D Planning Commission �� Development Review Committee PROJECT DESCRIPTION:General Plan Amendment from Low Density Residential to Industrial and a Rezone from A-R (Agricultural Residential) to L-I (Limited Industrial) PROJECT LOCATION: at the northeast corner of 12th Street and Feather Avenue, Thermalito area., Identified as APN# 031-275-005 County Supervisor District No: 1 COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: "DRAFT" LEAD IN SHEET FILE NO: Z ©3 -03 AP# 031-2-1.•4—DoS APPLICANT: !S'r�/e OWNER: REPRESENTATIVE: WoyISS PROPOSED REQUEST: (to be filled out by person taking in application) �_ 't.�nQ�►�a B&,m Ane+4�4 w. 1.-Vw 1bem s,47 ReL c��..�-i 40 4--Z a ""% AR FINAL REQUEST: (to be filled out by project planner) DIS SIZE: __Z,lo Azo LOCATION: L_ 44.t_ loyl,eo. -C=CvyLw n,AA Ee-A k� Avg . -TVWvw,-12 Lim Yd SUPERUISORAL-DISTRICT#--L- EXIS-T-ING-ZONING_ GENERAL PLAN DESIGNATION: Low N,As vLoxgtil \�a ASSIGNED PLANNER-. 01AJ PLANNERS INITIALS Date Application Received Date Project Assigned 30 Day Complete Preset Hearing Date /v a3 03 COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative OfficerDevelop.Services Director✓ /xPublic Works Director /X Environmental Health X Assesor _Building Manager Sheriff CAG _ALUC LAFCo V Air Quality Mgmt. _Butte Co.Farm Bureau ggs _Gridley _Chico roville _Paradise ,L Chico Airport Commission formation Systems Dept. _Animal Control /X Agricultural Commission 1?cIr" ounty Counsel Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation _OWID - _Paradise Irrigation ` _Richvale Irrigation Table Mountain Irrigation Thermalito Irrigation _Other Domestic Water _Butte Water Districtalifornia Water Service Co. _Del Oro Water Co. _OWID hermalito IrrigationDistrict _Other Sewer _Butte Water District _Themalito Irrigation —Sterling City Sewer Main Skansen Subdivision(CSA 21) —L.O.A.PUD Fire Protection v X California Department of Forestry —EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _'Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities "0 u/PG&E 4$kv iltco _Chambers Cable TV _Pacific Bell _PG&E South-Oroville _Viacom Cable TV State Agencies - - ---------� GalTrans(Traffic)— -— _Dept:of-Water Resources _—Dept.-of-F.ish..and_Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation —off.of Mining Reclamation _Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service Army Corps of Engineers _National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society _Butte Co. Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K:1Planning\Forms\D IS TR.wF COMMENT DISTRIBUTION LIST County Offices and Cities: / Chief Administrative Officer Develop.Services Director W, �'X ublic Works Director I �� Environmental Health ►'X Assesor Yuilding Manager Sheriff CAG _ALUC LAFCo v�ir Quality Mgmt. —Butte Co.Farm Bureau Yiggs _Gridley _Chico Oroville _Paradise Chico Airport Commission Information Systems Dept. —Animal Control X Agricultural Commission X County Counsel Irrigation District: _Butte Water —Biggs/W.Gridley Water _Durham Irrigation _OWID _Paradise Irrigation. —Richvale Irrigation _Table Mountain Irrigation Thermalito Irrigation _Other Domestic Water —Butte Water District California Water Service Co. —_Del Oro Water Co. OWID Thermalito IrrigationDistrict Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main Skansen Subdivision(CSA 21) _L.O.A.PUD Fire Protection V X California Department of Forestry _EI Medio Fire Protection District Recreation Districts _Chico Area Recreation _Durham Area Recreation _Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities ` 4�PG&E N _Chambers Cable TV _Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies (Traffic) .__...________.._.Dept.-of-Water-Resources----.----..-_..-..._-___ .___.Dept._of_Fish and.Game_.__._._....._.__.._.__.___..._. _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _Central Reg.Water Quality Cont. _Caltrans,Aeronautics Program _Off.of Governmental&Env.Relations _Department of Conservation _Off.of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service _Army Corps of Engineers National Marine Fisheries Sservice Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.]Council . _Reclamation _Cal Native Plant Society _Butte Co.Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Ck.Watershed Conservancy _Mosq.Abatement.Oroville/Butte Co K:\Planning\Forms\DISTR.wr. i Villa D' Oro Industrial Arts PROPOSAL: Rezone application and General Plan Amendment Property: APN 031-275-005 Date: June 2, 2003 Owner/applicant: Villa D' Oro Properties LLC, c/o Steven Seidenglanz, President 1251 Oro Dam Blvd., Suite 5 1-1 Oroville, CA 95965 Acreage: 2.10 acres+- Location: 1416— 12'' Street, Oroville, CA 95965 Northeast corner of 12th Street and Feather Avenue, Thermalito, Butte County Existing use: Owner/applicant cleaning out old olive oil refinery equipment and renovating seven existing buildings for industrial uses/safety. Owner/applicant is converting the 4-story building previously used in refinery process to personal residence. Building sizes range from 425 square feet to approx. 7000 square feet. See Site Plan dated June 1, 2003 for building locations and sizes; also see photographs. Historical uses: Natomas Gold Mining Co. c. 1900; Electric Railway station c. 1910; Coronet Olive Oil Co. c. 1944; Villa D' Oro Olive Oil Refinery c. 1965; current owner purchased in 1999. Proposed uses: Owner/applicant proposes to upgrade concrete and steel olive oil refinery buildings and utilize existing large load utilities for industrial lease spaces for artisans and trades craft persons. An indoor and outdoor art and sculpture gallery and small museum displaying old refinery equipment with references to historical uses of site also proposed. See additional project description below. Existing zoning: A-R Historical zoning: A-2 (1955);A-R(1984) Proposed zoning: Limited Industrial(L-I), see application. Existing General Plan: Medium Density Residential Historical General Plan: Low Density Residential(1971);Medium Density Res. (1994) Proposed General Plan: Industrial, see application. Environmental considerations: Property has no known environmental hazards or constraints to project. i Villa D' Oro Industrial Arts, June 2, 2003 Pg. 2 Utilities: All utilities developed on site including: Water: Thermalito Irrigation District Sewer: County Service Area 26 (T.I.D.) Electricity: P.G. &E. (Existing high amp services) Telephone: SBC Natural gas: P.G. &E. (Existing 4" gas service) Cable: AT&T Drainage: Thermalito Drainage: Existing underground roof, driveway and parking area drains and drop inlets convey storm water runoff the south and west via existing drain facilities under Feather Avenue and 12'' Street. Parking: Parking will be provided near some buildings with additional and general public parking areas on the south side of the complex adjacent the existing stone pillars and accessed from Feather Avenue. Space available for 25 spaces with no additional improvements. Project description: The property is approx. 2.1 acres situated at the west end of Block 80 of Thermalito, bounded by 12d' Street on the west, Corona Avenue on the north and Feather Avenue on the south. Ten-foot wide strips adjacent to the parcels were abandoned to the owner/applicant and the parcel configuration created by Merger application in 2000. The property is currently developed with a non-operating olive oil refinery and caretaker quarters being refurbished under County building permits. The owner/applicant is refinishing the concrete block and steel beam buildings on the property and converting the four-story building to his personal residence. Utilities, concrete flooring, aluminum siding, roofing and insulation are being repaired or added as necessary. See photographs included. The olive oil refinery has been out of operation for more than 10 years. The owner/applicant is undertaking the Zoning/General Plan changes to the Industrial designations in order to take advantage of the existing concrete and steel construction and available utilities developed on the site. The buildings will be modernized where needed and leased to artisans and crafts trades people for light manufacturing. Several units may have temporary living quarters for the lessees, as allowed under the Zoning. Many of the buildings contain large olive oil processing equipment that is being removed, cleaned up, identified and situated into the indoor or outdoor galleries. Some will be placed around the facility in suitable locations as historical"art"pieces. The existing smoke stack will be retained also. Neighbor Phil Ravert provided a label enlargement from the Villa D'Oro Refinery and he and the owner have olive oil cans in good condition with identical themes. A photograph of a can is included. Villa D' Oro Industrial Arts, June 2, 2003 Pg. 3 The existing stone pillars on the south side of the southerly building are remains from the Northern Electric Railroad Depot and are to be preserved. The architecture of the depot building included these rounded river rock comer pillars and timber beams. A photograph of this station is included courtesy of local historian James Lenhoff. Mr. Ravert also provided the name of Charles M. Heistand as the agent for the railroad, and also was the Thermalito Postmaster and Wells Fargo agent circa 1910. This same round rock corner pillar architectural theme was reflected in the electric railroad depot situated in Live Oak. A photograph is also included courtesy of James M. McElroy Jr. of Petaluma. There are currently utilities extending into the buildings including large electrical load facilities and a 4"gas main serves the site. These utility facilities and the concrete and steel construction are suitable for the proposed uses. Artists working with welding equipment, grinders, saws or other such equipment will find this facility suitable for their endeavors and the historical aspects of the property will create an identity that will attract the clientele and tourists that will positively add to this Thermalito neighborhood and the Oroville area in general. The owner/applicant proposes to retain the existing palm trees scattered around the site and the color theme utilized by the olive oil refinery will be maintained. Public restrooms and handicap accessibility will be provided. Adjacent uses: The parcel immediately to the east of the site is a single-family residence and easterly of this home is vacant land owned by the owner/applicant. Along the northerly side of Corona Avenue, westerly side of 12"' Street and the southerly side of Feather Avenue are single-family homes, stick built and mobiles. Sierra Avenue School is two blocks to the north of the site. The area uses are typically vacant lots of varying size and single-family homes. /'70� 20A)6 k V a00 r, PO 9%96 'AIIVO `3111AOVO 110 3A110 OVOrQ VIIIA • 70 `ll t SIN31NO3 a] ON [.M (jo VIM 0 0 1 - �w,-- _ �. � ..Z:'r�i. i p7C. _'wi(°Y.lip.l'•�Fi:�� l!'!1 rM�T M... 's L+ j�/oR-fFh�RN E crntc f,'R, Ae�poT- 7h-4oW Lrro(4-ootrr /4/0) Gtr r M. r , i { �'�'�`.��; '"x�u�: '--1•"F;:ry�".�+.�• v-•_..:`��,'.``' .•.�a�,cY».T-°rte��; _ t , '=' ` L.enhcff Archives 1OS4 Montgomery Street Oroville CA 95965 (530)1F3-1849 moi. '� g��- F�. !L .. .' � ���' �� =�, .< -_ •. _ `� h�. � ,. . . w "'"` "�"" .�� '��� �'. a . � �. � :f�� 3 _ I � \�. L �\ ��\ ��, .�: >, � ;.�. .� . •� 1. • " ,y�w. ��� .:,!,may __ .�� �• •�� � _ a � �_ ,.q, ` -. . ; � - �� � a. � ;a_ � �, �� - �= NOM in" '7111111'n �41 �kl 0 I�-�.� b I I'• 1 I ri I i w I � � e • I I 4 I�. _ No a• _ ily � ` ,y\ � \;` �' it ^' r ';' „���, n ,�� � �_�� � �� ��t47 �}" app �:� .T�r. , F � �-, �e >.�'�: —�— • � ri � � i . • i r • � • � � � � _ . t � .,� ` ���.. •� /.t .i_ _ ..+.,� $ �,�:.V r ,- �,� �, � � ro� � �,'t ) 'ter,'• ��W � /• � � J� � � s�1 ,�.,a r t � 11 4 i ht i� �, if h. � � � }S'''"5 �C .cc� v w��, ��,� 4s- `�l ' "' �, --'.�' � _ i � c .t AL OI.,of t r MM* Xry,�°''_ -- sya?Ve ' . . IIIIIIIII{I{IIIIIIIHII�I{IIIIIIIII RECORDING REQUESTED BY 1 9 9 9—927 0 0 8 7 4 6 MID VALLEY TITLE& ESCROW CO. Recorded 1 REC FEE 13.00 AND WHEN RECORDED MAIL TO: Official Records I TAX 107.25 VILLA D'ORO PROPERTIES County Of I BUTTE 1 4514 PACIFIC HEIGHTS ROAD CANDACE J. GRUBBS I OROVILLE, CA 95965 der I ROSEMARY ecorDICKSON i Assistant i Vickie 10:13AM 02-Mar-1999 I Page 1 of 3 ORO—C Space Above This Line for Recorder's Use Only A.P.N.: 031-275-001-000 Order No.: 17166OPE Escrow No..: 171660PE-3 D31- a�5- 003 CORPORATION GRANT DEED oat- a�s_ot,� THE UNDERSIGNED GRANTOR(s)DECLARE(s)THAT DOCUMENTARY TRANSFER TAX IS: COUNTY - X ] computed on full value of property conveyed, or l computed on full valueless value of liens or encumbrances remaining at time of sale, X] unincorporated area; _, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TRI VALLEY GROWERS, A CALIFORNIA CORPORATION organized under the laws of the State of CALIFORNIA hereby GRANT(S) to VILLA D'ORO PROPERTIES, LLC the following described property in the UNINCORPORATED AREA, County of Butte State of California; See Exhibit "A" attached hereto and made a part hereof. TIZt lfd LL E_y Cyp RALPH K. MORRIS ` s (�o,cpo 5e ?� TRI VALLEY GROWERS Document Date: February 23, 1999 'STATE OF CALIFORNIA )SS COUNTY OF eo TRA COSTA ) 1 On before me, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS in hand and official seal. Signature � � M GAIL FIELDS r^ Comm.R 112 ilr�$larea ter official notarial seal. N NOTARY PUBLIC-CALIFORNIA {lJ City & County of San Francisco My Comm. Expires April 4,2001 `+ GAIL FIELDS Comm.81127287 fA NOTARY PUBLIC•CALIfORNIA N �•:.. City 0 County of San Francisco "" GAIL FIELDS ? M Comm, Iliflim A rll 4,2001 r� COMM.#1127281 it, ulNOTARY PUBLIC-CALIFORNIA Vl City 6 Couety of San Francisco 'A &My Comm. Expires April 4,2 001 Mail Tax Statements to: SAME AS ABOVE or Address Noted Below y..f may. ORDER NO. BU-171660-3 DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS : PARCEL I• A PORTION OF BLOCK 80, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THERMALITO, BUTTE COUNTY, CALA. " , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JUNE 8., 1887, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF 12TH STREET AND CORONA AVENUE, IN THERMALITO, BUTTE COUNTY, STATE OF CALIFORNIA, AS SAID STREET AND AVENUE ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "OFFICIAL MAP OF CORONA TERRACE" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JUNE 7, 1909, IN BOOK 6 OF MAPS, AT PAGES) 57; THENCE SOUTH ALONG THE EAST LINE OF. SAID 12TH STREET 139 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH. LINE OF CORONA AVENUE 423 FEET; THENCE AT A RIGHT ANGLE NORTH 175 FEET TO THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN THE DEED FROM BUTTE COUNTY CITRUS ASSOCIATION, A CORPORATION TO JOE BORUNDA AND AURARA BORUNDA, DATED MARCH 12 , 1942 AND RECORDED IN BOOK 287, PAGE 346, OFFICIAL RECORDS; THENCE AT A RIGHT ANGLE WEST AND ALONG THE NORTH LINE OF SAID PARCEL OF LAND 75 FEET; THENCE AT A RIGHT ANGLE SOUTH ALONG THE WEST LINE OF SAID PARCEL OF LAND 36 FEET TO THE SOUTH LINE OF CORONA AVENUE; THENCE AT A RIGHT ANGLE WEST ALONG SAID SOUTH LINE 348 FEET TO THE POINT OF BEGINNING. PARCEL 11 : A PORTION OF BLOCK 80, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THERMALITO, BUTTE COUNTY, CALA. " , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JUNE '8, 1887, -MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 80; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 80, A DISTANCE OF 348 . 0 FEET TO THE POINT OF BEGINNING FOR THE PARCEL OF LAND HEREIN DESCRIBED; THENCE FROM SAID POINT OF BEGINNING EASTERLY ALONG THE SOUTHERLY LINE OF SAID BLOCK 80, A DISTANCE OF 812 . 0 FEET TO A POINT IN THE SOUTHEAST CORNER OF SAID BLOCK 80; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 80, A DISTANCE OF 185 . 0 FEET; THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 80, A DISTANCE OF 594 , 0 FEET; THENCE AT RIGHT ANGLES SOUTHERLY A DISTANCE OF 139 . 0 FEET; THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY. LINE OF -SAID BLOCK 80, A DISTANCE OF 218 . 0 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 46 . 00 FEET, TO THE POINT OF BEGINNING. CONTINUED ' ORDER NO. BU-171660-3 PARCEL II. CONTINUED EXCEPTING THEREFROM ALL THE OIL, GAS AND MINERALS, IN OR UNDER THE SURFACE OF SAID LAND, AND ALL THE RIGHTS OF OWNERSHIP THEREIN AND RESERVES TO ITSELF, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND LICENSE OF EXPLORING, DEVELOPING, MINING OR OPERATING FOR, AND EXTRACTING OR REMOVING, ANY OR ALL OF SAID PRODUCTS IN OR UNDER SAID LAND, BY SLANT DRILLING FROM BEYOND THE EXTERNAL BOUNDARIES OF SAID LAND, AS CONTAINED IN DEED EXECUTED BY THE SACRAMENTO NORTHERN RAILWAY TO HENRY IRVING AND MARGARET IRVING, HIS WIFE, DATED NOVEMBER 22, 1961 AND RECORDED JANUARY 5, 1962, IN BOOK 1157, PAGE 411, OFFICIAL RECORDS. PARCEL III• A PORTION OF BLOCK 80, AS SHOWN=ON THAT CERTAIN MAP ENTITLED, "MAP OF THERMALITO, BUTTE COUNTY, CALA. " , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF. BUTTE, STATE OF CALIFORNIA, ON JUNE 8, 1887, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A POINT ON THE WESTERLY LINE OF LOT 11 IN SAID BLOCK 80 AT THE INTERSECTION OF THE EAST LINE OF 12TH STREET WITH THE SOUTH LINE OF CORONA AVENUE; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 11, A DISTANCE OF 139 FEET TO --HE POINT OF BEGINNING FOR THE PARCEL OF LAND HEREIN DESCRIBED; THENCE FROM SAID POINT OF BEGINNING, EAST AND PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 80, A DISTANCE OF 348 FEET; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID BLOCK 80, A DISTANCE OF 46 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 80; THENCE WEST ALONG THE. SOUTH LINE OF SAID BLOCK 80, A DISTANCE OF 348 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 80; THENCE NORTH ALONG THE WEST LINE OF SAID BLOCK 80, A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THE OIL, GAS AND MINERALS, IN OR UNDER THE SURFACE OF SAID LAND, AND ALL THE RIGHTS OF OWNERSHIP THEREIN, AND RESERVED TO ITSELF, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND. LICENSE OF EXPLORING, DEVELOPING, MINING OR OPERATING FOR AND EXTRACTING OR REMOVING ANY OR ALL OF SAID PRODUCTS IN OR UNDER SAID LAND, BY SLANT DRILLING FROM BEYOND THE EXTERNAL BOUNDARIES OF SAID LAND, AS CONTAINED IN DEED EXECUTED BY THE SACRAMENTO NORTHERN RAILWAY TO HENRY IRVING AND MARGARET IRVING, HIS WIFE; DATED NOVEMBER 22, 1961 AND RECORDED JANUARY 5, 1962 IN BOOK 1157, PAGE 411, OFFICIAL RECORDS. I . - ILII ISI Ill f Iffl I III ff I If llf f Ifll fl ;R 9ZI Q1-73 12y 01 2 a;a-=3 1 Recorded I REC FEE 15.00 AFTER RECORDING RETURN TO: Official Records I County Of I BUTYE I Butte County Public Works CANDACE j. GRUBBS I LAND DEVELOPMENT DMSION Recorder 7 CountyCenter Drive ROSEMARY DICKSON I Assistant I MaryR Oroville, CA 95965 02:58. M 09-Apr-2003 I Page 1 of 5 CORRECTED CERTIFICATE OF MERGER 0? LANDS BEING MERGED: AP NUMBERS) 031-275-001, 003, 004(old numbers) NOW 031-275-005 006, 007 SUBDIVISION / PARCEL MAP: THERMALITO BOOK PAGE BLOCK 80 LOTS) li, 141 15 and a portion of 12 & 13 As of the date of recordation, those lands noted above are merged to create three 3 parcels) of land as described in Exhibit(s)A B, C attached hereto. The document recorded under Butte County Recorder's Serial No. 2000-0010137 is being re-recorded to correct the legal description contained in Exhibit A. Exhibits B and C rem in unchanged. APRIL 7, 2003 M E CRUMP DATE Director of Public Works OWNERS' CONSENT TO MERGER Villa D'Oro Properties, LLC , as owners of all that real property to be merged, do hereby consent and agree to the merger of such lands into that/those parcel(s) as described in Exhibits)A, B, C attached hereto. ALL SIGNA TURES MUST BE NOTARIZED: Villa D' Oro. r erties, LLC BY: `�- L/ o SrWhTLFRE St deng President DATE D:\Land Development\Appllcatlon Forms\Certlf.Of Merger-LD 1530(2/99) R STATE OF CALIFORNIA }ss. COUNTY OF Butte } On April 4, 2003 , before me, Goldie Honea, notary personally appeared Steve Seidenglanz , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s). is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andLicialseal. Signature GOLDIE HONEA GOLDIE HONER �mmisslon 11351387 ' �. Commission 11351387 0 a a;ary Public-California cn Butte Coun' U .Notary PutitiCco-Ctaytifomia cn :omm.Exp.APR 14,2006 my Comm.Exp.APR. 14,2006 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged EXHIBIT A Parcel l Corrected description All that certain rea property situated in the unincorporated area of Butte County, California, being a portion of Block 80, as shown on that certain map entitled, "Map of Thermalito , Butte County Cala.", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 8, 1887, and being more particularly described as follows: Beginning at the southeast corner of 12" Street and Corona Avenue, in Thermalito, Butte County, State of California, as said Street and Avenue are shown on that certain map entitled, "Official Map of Corona Terrace", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7; l 909, in Book 6 of Maps, at Page 57; thence South 185 feet along the east line of said 12`h Street to the south line of Block 80 and the north he of Feather Avenue;thence East 566 feet along the north line of Feather Avenue to a point that bears South 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County, Inc., recorded September 12, 1991 in the Office of the Recorder of the County of Butte, State of California, under Recorder's Serial Number 91-37686; thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community Action Agency parcel; thence West 143 feet along the south line of the Community Action Agency parcel to the southwest corner thereof,thence North 139 feet along west he of the Community Action Agency parcel to the south line of said Corona Avenue; thence along the south line of said Corona Avenue West 423 feet, more or less, to the Point of Beginning. Containing 1.9'5 acres more or less. ` QRpFESS py CID F w � CIVIL �G CAl1F� nn. EXHIBIT B Parcel 2 All that certain real property situated in the unincorporated area of the County of Butte, State of California, being a portion of Block 80, as shown on that certain map entitled, "Map of Thermalito, Butte County, Cala.", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 8, 1887, and being more particularly described as follows: Commencing at the intersection of the south line of Corona Avenue and the west line of 100' Street as shown on that certain map entitled, "Official Map of Corona Terrace", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 7, 1909, in Book 6 of Maps, at Page(s) 57; thence West 354.00 feet along the south line of Corona Avenue, to the TRUE POINT OF BEGINNING;thence leaving said south line of Corona Avenue, South and parallel with the west line of said 10''' Street, 185 feet more or less to the north line of Feather Avenue as shown on said Map of Thermalito;thence West 240 feet along the north line of Feather Avenue, to a point that bears South, 46 feet from the southeast corner of that certain parcel of land described in the deed to the Community Action Agency of Butte County,Inc.,recorded September 12, 1991 in the Office of the Recorder of the County of Butte, State of California, under Recorder's Serial Number 91-37686; thence leaving said north line of Feather Avenue, North 46 feet to the said southeast corner of the Community Action Agency parcel; thence North 139 feet along the east line of said Community Action Agency parcel, to the northeast corner thereof, said point being on the south line of said Corona Avenue;thence leaving said Community Action Agency parcel, and along the south line of Corona Avenue,East 240 feet more or less to the POINT OF BEGINNING. Containing 1.01 acres more or less. pF�SSI q�� tiv� i TAr '�i 311 y EXHIBIT C Parcel 3 All that certain real property situated in the unincorporated area of the County of Butte, State of California,being a portion of Block 80, as shawn on that certain map entitled, "Map of Thermalito,Butte County, Cala.", which map was recorded in the Office of the Recorder of the County of Butte, State of California, on June 8, 1887, and being more particularly described as follows: BEGINNING at the intersection of the south line of Corona Avenue and the west line of 10'h Street as shown on that certain map entitled, "Official Map of Corona Terrace", which map was recorded in the Office of the Recorder of the County of Butte, State'of California, on June 7, 1909, in Book 6 of Maps, at Page(s)57;thence West 354.00 feet along the south line of Corona Avenue;thence leaving said south line of Corona Avenue, South and parallel with the west line of 10« Street as shown on said Map of Thermalito, 185 feet more or less, to the north line of Feather Avenue as shown on said Map of Thermalito; thence East 354 feet along the north line of Feather Avenue to the west line of 10`h Street; thence leaving the north line of Feather Avenue, North 185 feet along the west line of 10'h Street,to the Point of Beginning. Containing 1.50 acres more or less. OQ�,o ESS���y w 02 �. CAL1r�� END OF DOCUMENT 4' IIII111111111NIIIIIilllli11111111 PLEASE COMPLETE THIS INFORMATION. 2 0 GD 47—10 0 3-7 5 2 6 Recorded I REC FEE .00 RECORDING REQUESTED BY: Official Records I CountOf CANDACEUJ.EGRUBBS I AND WHEN RECORDED MAIL TO: Recorder I ROSEMARY DICKSON I Assistant IKristy 'a2:21PM 27-yep-2000 I Page 1 of 3 No (Please fill in document title(s)on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/45 Ree.Form NR25 I v Resolution No. 00-126 RESOLUTION ABANDONING A PUBLIC RIGHT OF WAY A 10-FOOT STRIP OF RIGHT OF WAY ON FEATHER AVENUE, 10'r"STREET AND 12'STREET WHEREAS, this matter came on regularly for hearing before the Board of Supervisors of the County of Butte, State of California, on August 8, 2000, in the Board Chambers, Butte County Administration Building, 25 County Center Drive, Oroville, California; and, WHEREAS, it appearing to said Board that notice of the time and place of the hearing on the petition for the abandonment of the public right of way in questions was duly and regularly given as required by law; and WHEREAS, testimony and evidence, both oral and documentary, having been produced at said hearing, from which said Board now finds that: 1) there is no possibility the proposed abandonment of this public right of way may have a significant effect on the environment, and it is therefore not subject to the California Environmental Act; 2) the proposed abandonment is in conformance with the Butte County General Plan; and 3) the public right of way in question, as hereinafter described is unnecessary for present or prospective public use. NOW,THEREFORE,BE IT RESOLVED by the board of Supervisors: 1. That the public rights of way situated in the County of Butte, State of California, as hereinafter more particularly described, are hereby abandoned pursuant to Chapter 3 of Part 3 of Division 9, of the California Streets and Highways Code (commencing. with Section 8320). 2. That said public rights of way so abandoned are located in the unincorporated area of the County of Butte, State of California, are more particularly described as follows: Being a 10-foot wide portion of those certain 80-foot wide rights of way, known as 10`h Street, 12th Street and Feather Avenue, lying within section.13, T19N, R3E, M.B.M., also adjacent to block 80 of Tbermalito as shown on Wall Map No. 6, County of Butte, State of California, more . particularly described as follows: I Being a 10-foot wide strip of right of way lying contiguous tc• parallel with and adjacent to the east lot line, the west lot line and the south lot line of said block 80 of Thermalito. Excepting therefrom the portions lying outside of the 20-foot radius returns at all corners of said block 80 of Thermalito. The above described lands are hereby combined with and become a part of those lands shown as parcel numbers, 031-275-001, 003 and 004 respectively, shown as a portion of block 80 of the official map of Thermalito on file in the office of the Butte County Public Works Department on Wall Map Number 6. No additional lots or parcels are created hereby. EXCEPTING AND RESERVING any existing public service casement and/or rights of way at any time, or from time-to time, to maintain, operate, replace, remove, renew or enlarge the existing public service facilities and facilities incidental thereto,including access to protect the property from all hazards in, upon,and over the highway herewith to be abandoned. 3. That a map showing the public rights of way hereby abandoned is on file in the Office of the Butte County Department of Public Works, 7 County Center drive, Oroville,' California 95965. 4. That the Clerk of this Board shall cause a certified copy of this Resolution, with the seal of the Board of Supervisors of the county of Butte, State of California, to be recorded in the Office of the Recorder of the County of Butte, State of California. PASSED AND ADOPTED by the Butte County Boars! of Supervisors this 26°i day of September 2000, by the.following vote: AYES: Supervisors Beeler,, Houx, Josiassen, Davis, and Chair Dolan NOES: None ABSENT: None NOT VOTING: None But' County Board of Supervisor ATTEST:. John S. Blacklock Chief Administrative Officer and Clerk of the Board I S GUARANTEE AMER ', 0 First American Title Insurance Company H652991 Form No.1282(Rev.,2/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under(1),(2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to main- tain therein vaults,tunnels,ramps or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2)which result in no loss to the Assured;or(3)which do not result in the invalidity or potential invalidity of any judicial or non- judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute may be necessary or desirable to establish the title to The following terms when used in'the Guarantee Actions;Duty of Assured Claimant to the estate or interest as stated herein,or to establish the mean: Cooperate. lien rights of the Assured.If the Company is prejudiced (a)the Assured":the party or parties named as Even though the Company has no duty to defend by the failure of the Assured to furnish the required the Assured in this Guarantee, or on a supplemental or prosecute as set forth in Paragraph 3 above: cooperation,the Company's obligations to the Assured under the Guarantee shall terminate. writing executed by the Company. (a)The Company shall have the right, at its sole (b) "land": the land described or referred to in option and cost,to institute and prosecute any action or 5. Proof of Loss or Damage. Schedule(A)(C)or in Part 2,and improvements affixed proceeding,interpose a defense,as limited in(b),onto In addition to and after the notices required under thereto which by law constitute real property.The term do any other act which in its opinion may be necessary Section 2 of these Conditions and Stipulations have "land"does not include any property beyond the lines of or desirable to establish the title to the estate or interest been provided to the Company,a proof of loss or dam- the area described or referred to in Schedule (A)(C)or as stated herein, or to establish the lien rights of the age signed and sworn to by the Assured shall be Tur- in Part 2,nor any right,title,interest,estate or easement Assured,or to prevent or reduce loss or damage to the. Wished to the Company within ninety(90)days after the in abutting streets, roads,avenues,alleys, lanes, ways Assured.The Company may take any appropriate action Assured shall ascertain the facts giving rise to the loss f of loss damage shall describe ct or waterways. under the terms of this Guarantee,whether or not it shall or damage.The proof(c) "mortgage": mortgage, deed of trust, trust be liable hereunder, and shall not thereby concede Iia- the matters covered f this Guarantee which constitute deed,or other security instrument. bility or waive any provision of this Guarantee. If the the basis of loss or damage and shall state,to the extent Company shall exercise its rights under this paragraph, possible,the basis of calculating the amount of the loss (d) "public records": records established under it shall do so diligently. state statutes at Date of Guarantee for the purpose of or damage. If the Company is prejudiced by the failure imparting constructive notice of matters relating to real (b)If the Company elects to exercise its options as of the Assured to provide the required proof of loss or property to purchasers for value and without knowledge. stated in Paragraph 4(a) the Company shall have the damage, the Company's obligation to such Assured (e)"date":the effective date. right to select counsel of its choice(subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause)to rep- Assured may reasonably be required to submit to exam- 2. Notice of Claim to be Given by Assured resent the Assured and shall not be liable for and will not ination under oath by any authorized representative of Claimant. pay the fees of any.other counsel,nor will the Company the Company and shall produce for examination, pay any fees,costs or expenses incurred by an Assured inspection and copying, at such reasonable times and An Assured shall notify the Company promptly in in the defense of those causes of action which allege places as may be designated by any authorized repre- writing in case knowledge shall come to an Assured matters not covered by this Guarantee. sentative of the Company, all records, books, ledgers, hereunder of any claim of title or interest which is (c)Whenever the Company shall have brought an checks, correspondence and memoranda, whether adverse to the title to the estate or interest, as stated action or interposed a defense as permitted by the pro- bearing a date before or after Date of Guarantee,which herein, and which might cause'loss or damage for visions of this Guarantee,the Company may pursue any reasonably pertain to the loss or damage. Further, if which the Company may be liable by virtue of this litigation to final determination by a court of competent requested by any authorized representative of the Guarantee. If prompt notice shall not be given to the jurisdiction and expressly reserves the right, in its sole Company, the Assured shall grant its permission, in Company,then all liability of the Company shall termi- discretion,to appeal from an adverse judgment or order writing, for any authorized representative of the Com- nate with regard to the matter or matters for which prompt notice is reqquired;provided,however,that failure (d) In all cases where this Guarantee permits the pany to examine, inspect and copy all records, books, to notify the Company shall in no case prejudice the Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in rights of any Assured under this Guarantee unless the action or proceeding, an Assured shall secure to the the custody or control of a third party,which reasonably Company shall be prejudiced by the failure and then Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig only to the extent of the prejudice. defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the therein, and permit the Company to use, at its option, Company pursuant to this Section shall not be disclosed 3. No Duty to Defend or Prosecute. the name of such Assured for this purpose. Whenever to others unless, in the reasonable judgment of the requested by the Company, an Assured, at the Company, it is necessary in the administration of the The Company shall have no duty to defend or prosecute Company's expense,shall give the Company all reason- claim.Failure of the Assured to submit for examination any action or proceeding to which the Assured is a able aid in any action or proceeding,securing evidence, under oath, produce other reasonably requested party, notwithstanding the nature of.any allegation in obtaining witnesses, prosecuting or defending th- information or grant permission to secure reasonably such action or proceeding. action or lawful act which in the opinion of the Compan necessary information from third parties as required (5 continued) to the Assured shall not exceed the least of: in the above paragraph, unless prohibited by law c (a)the amount of liability stated in Schedule A o cover th9oMM��. .,� Company 5„a�i be governmental regulation, shall terminate any liability of in Part 2; subrogated to all rights and remedies of the Assured the Company under this Guarantee to the Assured for (b) the amount of the unpaid principal indebted- after the Assured shall have recovered its principal, that claim. ness secured by the mortgage of an Assured mortgagee, interest,and costs of collection. as limited or provided under Section 6 of these 12. Arbitration. 6. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section Termination of Liability. 9 of these Conditions and Stipulations, at the time the Unless prohibited by applicable law, either the In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee Company or the Assured may demand arbitration pur- Company shall have the following additional options: occurs,together with interest theron;or suant to the Title Insurance Arbitration Rules of the (a) To Pay or Tender Payment of the Amount of (c)the difference between the value of the estate American Arbitration Association. Arbitrable matters Liability or to Purchase the Indebtedness. or interest covered hereby as stated herein and the value may include, but are not limited to, any controversy or The Company shall have the option to pay or settle of the estate or interest subject to any defect, lien or claim between the Company and the Assured arising out encumbrance assured against by this Guarantee. of or relating to this Guarantee, any service of the or compromise for or in the name of the Assured any Company in connection with its issuance or the breach claim which could result in loss to the Assured within g. Limitation of Liability. of a Guarantee provision or other obligation.All arbitra- the coverage of this Guarantee,or to pay the full amount ble matters when the Amount of Liability is$1,000,000 of this Guarantee or, if this Guarantee is issued for the (a) If the Company establishes the title, or or less shall be arbitrated at the option of either the benefit of a holder of a mortgage or a lienholder,the removes the alleged defect, lien or encumbrance, or Company or the Assured. All arbitrable matters when Company shall have the option to purchase the indebt- cures any other matter assured against by this the amount of liability is in excess of$1,000,000 shall edness secured by said mortgage or said lien for the Guarantee in a reasonably diligent manner by any be arbitrated only when agreed to by both the Company amount owing thereon,together with any costs,reason- method, including litigation and the completion of any and the Assured. The Rules in effect at Date of able attorneys' fees and expenses incurred by the appeals therefrom, it shall have fully performed its Guarantee shall be binding upon the parties.The award Assured claimant which were authorized by the obligations with respect to that matter and shall not be may include attorneys'fees only if the laws of the state Company up to the time of purchase. liable for any loss or damage caused thereby. in which the land is located permits a court to award Such purchase, payment or tender of payment of (b)In the event of any litigation by the Company or attorneys'fees to a prevailing party.Judgment upon the the full amount of the Guarantee shall terminate all Iia- with the Company's consent, the Company shall have award rendered by the Arbitrator(s) may be entered in bility of the Company hereunder. In the event after no liability for loss or damage until there has been a final any court having jurisdiction thereof. notice of claim has been given to the Company by the determination by a court of competent jurisdiction,and The law of the situs of the land shall apply to an Assured the Company offers to purchase said indebted- disposition of all appeals therefrom,adverse to the title, arbitration under the Title Insurance Arbitration Rules. ness,the owner of such indebtedness shall transfer and as stated herein. assign said indebtedness, together with an collateral A copy of the Rules may be obtained from the g g y (c) The Company shall not be liable for loss or Company upon request. security,to the Company upon payment of the purchase damage to any Assured for liability voluntarily assumed price. by the Assured in settling any claim or suit without the 13. Liability Limited to This Guarantee; Upon the exercise by the Company of the option prior written consent of the Company. Guarantee Entire Contract. provided for in Paragraph (a),the Company's obligation to the Assured under this Guarantee forthe claimed loss 9• Reduction of Liability or Termination of (a)This Guarantee together with all endorsements, or damage,other than to make the payment required in Liability. if any, attached hereto by the Company is the entire that paragraph,shall terminate,including any obligation Allp p y a ments under this Guarantee, except pay- Guarantee and contract between the Assured and the to continue the defense or prosecution of any litigation ments made for costs, attorneys' fees and expenses Company. In interpreting any provision of this for which the Company has exercised its options under pursuant to Paragraph 4 shall reduce the amount of Guarantee, this Guarantee shall be construed as a Paragraph 4,and the Guarantee shall be surrendered to liability pro tanto. whole. the Company for cancellation. (b) Any claim of loss or damage, whether or not (b)To Pay or Otherwise Settle With Parties Other 10. Payment of Loss. based on negligence, or any action asserting such Than the Assured or With the Assured Claimant. (a) No payment sh claim,shall be restricted to this Guarantee. all be made without producing To pay or otherwise settle with other parties for or this Guarantee for endorsement of the payment unless (c) No amendment of or endorsement to thisGuarantee can be made except by a writing endorsed in the name of an Assured claimant any claim assured the Guarantee has been lost or destroyed,in which case hereon or attached hereto signed by either the against under this Guarantee,together with any costs, proof of loss or destruction shall be furnished to the President,a Vice President,the Secretary,an Assistant attorneys'fees and expenses incurred by the Assured satisfaction of the Company. Secretary,or validating officer or authorized signatory of claimant which were authorized by the Company up to (b)When liability and the extent of loss or damage the time of payment and which the Company is obligat- the Company. has been definitely fixed in accordance with these ed to pay. Conditions and Stipulations,the loss or damage shall be 14. Notices,Where Sent. Upon the exercise by the Company of the option payable within thirty(30)days thereafter provided for in Paragraph(b)the Company's obligation All notices required to be given the Company and to the Assured under this Guarantee forthe claimed loss 11. Subrogation Upon Payment or Settlement. anystatement in writing required to befurnished the or damage,other than to make the payment required in Company shall include the numberof this Guarantee Whenever the Company shall have settled and and shall be addressed to the Company at 1 First that paragraph,shall terminate,including any obligation paid a claim under this Guarantee, all right of subroga- American Way,Santa Ana,California 92707. to continue the defense or prosecution of any litigation tion shall vest in the Company unaffected by any act of for which the Company has exercised its options under the Assured claimant. Paragraph 4. The Company shall be subrogated to and be 7. Determination and Extent of Liability. entitled to all rights and remedies which the Assured would have had against any person or property in This Guarantee is a contract of Indemnity against respect to the claim had this Guarantee not been issued. actual monetary loss or damage sustained or incurred If requested by the Company,the Assured shall transfer by the Assured claimant who has suffered loss or dam- to the Company all rights and remedies against any per- age by reason of reliance upon the assurances set forth son or property necessary in order to perfect this right in this Guarantee and only to the extent herein of subrogation.The Assured shall permit the Company described,and subject to the Exclusions From Coverage to sue,compromise or settle in the name of the Assured of This Guarantee. and to use the name of the Assured in any transaction The liability of the Company under this Guarantee or litigation involving these rights or remedies. y ORDER NO. BU-206235 LW PARCEL MAP GUARANTEE PARCEL MAP REF. AMENDED: 4/23/2003 FEE $250.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY A CORPORATION, HEREIN CALLED THE COMPANY, ' GUARANTEES MIKE EVANS THE COUNTY OF BUTTE AND ANY CITY WITHIN WHICH THE LAND IS LOCATED, HEREIN CALLED THE ASSURED, AGAINST LOSS NOT EXCEEDING $1, 000 . WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT, ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW, 1 . THE TITLE TO THE HEREIN DESCRIBED ESTATE OR INTEREST WAS VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY; AND 2 . HAD SAID PARCEL MAP BEEN RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SUCH MAP WOULD BE SUFFICIENT FOR USE AS A PRIMARY REFERENCE IN LEGAL DESCRIPTIONS OF THE PARCELS WITHIN ITS BOUNDARIES . DATED: APRIL 10, 2003, AT 7 :30 A.M. FIRST AMERICAN TITLE INSURANCE COMPANY BY DwLlro ASSISTANT SECRETARY r h CLTA GUARANTEE ORDER NO. BU-206235 LW TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VILLA D'ORO PROPERTIES, LLC THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS: A FEE THE LAND INCLUDED WITHIN THE BOUNDARIES OF THE PARCEL MAP HEREINBEFORE REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS : A PORTION OF BLOCK 80, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THERMALITO" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JUNE 8, 1887, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF 12TH STREET AND CORONA AVENUE, IN THERMALITO, BUTTE COUNTY, STATE OF CALIFORNIA, AS SAID STREET AND AVENUE ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "OFFICIAL MAP OF CORONA TERRACE" , WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JUNE 7, 1909, IN BOOK 6 OF MAPS, AT PAGES) 57; THENCE SOUTH 185 FEET ALONG THE EAST LINE OF SAID 12TH STREET TO THE SOUTH LINE OF BLOCK 80 AND THE NORTH LINE OF FEATHER AVENUE; THENCE EAST 566 FEET ALONG THE NORTH LINE OF FEATHER AVENUE TO A POINT THAT BEARS SOUTH 46 FEET FROM THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO THE COMMUNITY ACTION AGENCY OF BUTTE COUNTY, INC, RECORDED ON SEPTEMBER 12, 1991, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 91-37686; THENCE LEAVING SAID NORTH LINE OF FEATHER AVENUE, NORTH 46 FEET TO THE SAID SOUTHEAST CORNER OF THE COMMUNITY ACTION AGENCY PARCEL; THENCE WEST 143 FEET ALONG THE SOUTH LINE OF THE COMMUNITY ACTION AGENCY PARCEL TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 139 FEET ALONG WEST LINE OF THE COMMUNITY ACTION AGENCY PARCEL TO THE SOUTH LINE OF SAID CORONA AVENUE; THENCE ALONG THE SOUTH LINE OF SAID CORONA AVENUE WEST 423 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL HEREIN IS PURSUANT TO A MERGER APPROVED BY THE COUNTY OF BUTTE, RECORDED MARCH 21, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-10137 AND CORRECTED BY DOCUMENT RECORDED APRIL 9, 2003 , UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2003-22251 . TOGETHER WITH THAT PORTION ABANDONED IN DOCUMENT RECORDED SEPTEMBER 27, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-37528 DESCRIBED AS FOLLOWS : CONTINUED PAGE 2 J CLTA GUARANTEE ORDER NO. BU-206235 LW DESCRIPTION: - CONTINUED BEING A 10 FOOT WIDE STRIP OF RIGHT OF WAY LYING CONTIGUOUS TO PARALLEL WITH AND ADJACENT TO THE WEST LOT LINE AND THE SOUTH LOT .LINE OF SAID BLOCK 80 OF THERMALITO. EXCEPTING THEREFROM THE PORTIONS LYING OUTSIDE OF THE 20-FOOT RADIUS RETURNS AT •ALL CORNERS OF SAID BLOCK 80 OF THERMALITO. THE ABOVE DESCRIBED LANDS ARE HEREBY COMBINED WITH AND BECOME A PART OF THOSE LANDS SHOWN AS PARCEL NUMBERS, 031-275-001-000, 003, 004 RESPECTIVELY, SHOWN AS A PORTION OF BLOCK 80 OF THE OFFICIAL MAP OF THERMALITO, RECORDED IN THE OFFICE OF THE BUTTE COUNTY PUBLIC WORKS DEPARTMENT ON WALL MAP NUMBER 6, NO ADDITIONAL LOTS OR PARCELS ARE CREATED HEREBY. APN 031-275-005-000 EXCEPTIONS : 1 . GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2003-2004, A LIEN, BUT NOT YET DUE OR PAYABLE. 2 . GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2002-2003 , 1ST INSTALLMENT: $499 . 02, DELINQUENT PLUS PENALTY 2ND INSTALLMENT: $499 . 02, DELINQUENT PLUS PENALTY AND COSTS EXEMPTION: $_o_ ASSESSED: SEPARATELY AP# 031-275-005-000 CODE AREA 104-010 3 . THE LIEN OF DEFAULTED TAXES FOR THE FISCAL YEAR 1999-2002 AND SUBSEQUENT DELINQUENCIES. AMOUNT TO REDEEM $6, 229 .22 VALID THROUGH: MAY 31, 2003 CODE AREA: 104-010 AP# 031-275-005-000 4 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3 . 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. CONTINUED PAGE 3 . p -,f CLTA GUARANTEE ORDER- NO. BU-206235 LW 5 . THE HEREIN DESCRIBED LAND LIES WITHIN THE BOUNDS OF THERMALITO IRRIGATION DISTRICT. NOTE: FOR ANY AMOUNTS DUE, CONTACT: THERMALITO IRRIGATION DISTRICT 410 GRAND AVE. OROVILLE, CA 95965 PHONE 533-0740 6 . AN EASEMENT FOR ANY EXISTING PUBLIC SERVICE EASEMENT AND /OR RIGHTS OF WAY AT ANY TIME, OR FROM TIME TO TIME, TO MAINTAIN, OPERATE, REPLACE, REMOVE, RENEW OR ENLARGE THE EXISTING PUBLIC SERVICE FACILITIES AND FACILITIES INCIDENTAL THERETO, INCLUDING ACCESS TO PROTECT THE PROPERTY FROM ALL HAZARDS IN, UPON, AND OVER THE HIGHWAY HEREWITH TO BE ABANDONED. AS RESERVED IN ABANDONMENT RECORDED SEPTEMBER 27, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-37528 . NOTE: THE LAND HEREIN WAS CREATED BY CERTIFICATE OF MERGER, RECORDED MARCH 21, 2000, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2000-10137 AND RERECORDED APRIL 9, 2003, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 2003-22251 . THE VESTEE HEREIN ACQUIRED TITLE BY GRANT DEED, RECORDED MARCH 2 , 1999, UNDER BUTTE COUNTY RECORDER' S SERIAL NO. 99-08746 . LW:AD APRIL 21, 2003 PAGE 4 I THERUCTO T•19N.R.3E. M.D.B.&M. 31 -27 SIERRA 26 AVE ,a N90 00'001y y oa00 i tsa00 00 u.00s0"0 sacs 50.00 67.50 7.so 130Ac I t 32Ac1 I .13Ac .15Ac .15Ac 15Ac .19Ac1 .2b c 1f0 109 108 107 106 I I05 8R, 704 103 101 701 100 9 m 99 I 98 97 96 m 1'=i00' P 95 94 93 92 91 , 0 89 14 t 30Ac 12 30Ac it 13 O .75 O� /i ( O O O O O O ryO i O LO so.00 00.00 s7 0o 50.00 00 N sacs 00.00 00.00 Cn 15Ac I T2(OA .15Ac .15Ac .3TAc 1c .15Ac .15Ac .15Ac .15Ac 111 112 - 113 114 '115 I1 11 117 118 11S 120 721 g 8 122 123 124 125 126 127 128 129 730 731 132 _ 15 10 O O.: 'O O O 41 R .30Ac j So.00 50.00 I _ f � 18 17 15 14 21 22 20 19 23 24 10 28 t. I 15Ac 24At i so.w i i c� z35 NEVADA w AVE ,f % 50.00 50.00 75. 175.00 75. 75.00 75.00 '75.00 50.00 75.00IiI' 1z5 2 00 5�yi54 153 152 7 1 I i50 149 C i 8 147 14 t4 I is c 8 I I ] I 135 134 I 133 ..� I 8143 142 141 140 1 9 1J8 737 136 E@ 2 .22Ac .22Ac 2� 8 - .22Ac g E 12 13 O 11 10 'O O O^ O O O O I OTAc Ot .60A� r 7 1 4 15Ac .15Ac 22Ac 22Ac 12 3 ASAI .15Ac CORONA 8 75'00 14.7.00 AVE E FZ- 54400 140. 554.00 (^ 57Aco O O 13 275 1a O7 8 12 8 1.02Ac 15 1.50Ac 4xm 0 8 491.00 FEATHER AVE Butte County Assessor's Map z: Book 31, Page 2Purpma 7 •. o Dory anQ mgy not oa7aff6rfe bpgl pg7ceAr. CORONA TERRACE M.O.R. BK. 6 PO. 57 This map may or may not be a survey or the lend depleted hereon.You should not rely upon it for any purpose other '8P I CREATED ON 7-6-20M 1HERMALffO M.O.R. WALL NOS. 4 Qt 6 than orientation to the general locatlon.of:the.parcel or 30-is MOM Au A�AEs t parcels depleted.Mid Valley Title and Escrow Company a-m- D REVISED ON e. w dt-Agana am sehilhv for alleged loss or damage. IEJTFDTNE. 2001-0 ROLL • "t FVANI FUN W®RKI Calif. Gen. Eng. Contractor#548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 Fax(530) 589-2366 funworks@sbcglobal.net June 18, 2003 Mr. Craig Sanders Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: APN 031-275-005, Villa D' Oro Properties LLC General Plan Amendment Request Rezone Application Dear Mr. Sanders, Evans Fun Works is assisting Mr. Steven Seidenglanz, President for Villa D' Oro Properties LLC, owners of the property located at 1416 12th Street in Thermalito, the former olive oil refinery now under renovation. Mr. Seidenglanz intends to utilize the existing facilities for lease space to artisans,taking advantage of the existing concrete and steel construction and the available large load utilities. The historical uses of this property include the Natomas Gold Mining Co., the Northern Electric Train Station, U.S. Post Office, Wells Fargo Bank, Feather River Foods Co., among others, and lastly the Villa D' Oro Olive Oil Refinery. The owner envisions a complex that ties the history of the site, the existing improvements and his expertise in industrial/commercial property to create an attractive complex. The proposal is consistent with the character of the residential neighborhood based upon historical uses and the economic development goals of the south county and Oroville area and the owner respectfully requests Zoning and General Plan designations consistent with the historical uses and existing facilities. Enclosed please find the following items for the above referenced concurrent applications: 1) Application 2) Authorization 3) Check#658 in the amount of$3000.00 4) Checklists for Rezone and General Plan Amendment (GPA) 5) Environmental form 6) Project description entitled"Villa D'Oro Industrial Arts" 7) Midvalley Title Co. report # 8) Photographs 9) 35 Site Plans 10)Documents: Grant Deed, Merger, Abandonment, legal description 11)Transparency Reduction Sanders, June 18, 2003 Pg. 2 Please notify us if you need any additional information. I look forward to your acknowledgment of our complete application. Thanking you in advance for your assistance. Cesinrely, ael G. Evans MI FUN WORKI THERMALITO T. 19N.R.\3E. A D.B.&M. _ 31 27 SIERRA 2G AVE 100.00 • ivso'oo'oo'w . 10000 250.00 I 1 .00 j 43.00 50.00 50.00 50.00 62.50 17.50 �30Ac 32Ac .13Ac 15Ac 15Ac 15Ac 19Ac 26Ac 8110 109 108 107 106 105 8 104 103 102 101 100 8 o h N 99 98 97 96 95 94 93 92 N 91 0 89 o -.'=!00 14 '30Ac 9,11 i30Ac 75 O� i 2 3 4 5 6 7 t 9 O 0 o : 0 0 0 0 8 :O i O 0 0 . � � � � , f 50.00 50.00 50.00 82.09 8.00 50.00 10 .00 F� 50.00 50.00 50.00 . 15Ac .20Ac .15Ac .15Ac 3 Ac $ ( .15Ac 15Ac 15Ac 15Ac 15Ac 111 f 112 113 114 115 11 117 118 119 120 121 3 9 9 122 . 123 124 125 126 127 128 129 130 131 . 132 0 30Ac j 18 17 15 14 21 22 nLO 19 23 (L4 10 .15Ac .24Ac i 0.00 50.00 50.00 50.00 8 - 0-3J NEVADA -c AVE 50.00 50.00 75.0a 75.00 75.00:. 75.00 75.00f 75.00 ^ 50.00 75.00: 125.00 20Q.00 154 153 152 1 151 150 149 ` 1 8 .i 147 146 14 f 144 8. , f .22A�c �2Ac 22Ac 2�C g 8_143 142 141 140 1 9 i 138 ! 137 136 135 134 i 133 .22Ac 12 13 G)l i 1i 10 (D7 � f � 7 9 f i D5 ! 4 4 O O 8 O 6 , , O; 60AC �1'2 3 OOO .3;7Ac .15Ac .15Ac .224cl �2Ac .15Ac .15Ac l 7� i CORONA g 7500 14J.00 AVE 348.00 240. 354.00 N .57Ac O �- g 13 z�515 O 5 12 g 8 14 1.024C 2.01 Ac O 9 f 1.50Ac �� s 143.00 491.00 FEATHER AVE Butte County Assessor's Mop Book 31ffmm , Pogue 27ewls " CORONA TERRACE M.O.R BK. 6 PG. 57 °"y °"d may not ° p°1°°�' THERMAUTO M.O.R. WALL NOS 4 & 6 130-151 wm- Au Amwe t cmim or 8P CM70 ON -e-�000 REVISm fw QB MW ON M EFFECTIVE 2003-M ROLL ' s