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HomeMy WebLinkAboutUP 95-139_PLANNING i SEPARATORSHEET APN -0-70 -OL4 PROJECT NUMBER PROJECT SUMMARY SHEEN `. FILE NO 95-139 ' PROJECT TYPE; Use Permit APPLICANT; David Lynch ADDRESS; 7500 Skyway, Paradise, CA 95969 OWNER; Carl & Burneta Dimbat ADDRESS; REPRESENTATIVE; ADDRESS: PROJECT DESCRIPTION' Use Permit to allow a wood lot for commercial firewood processing and storage. PROPERTY ZONED; TM-5 WP LOCATED' On the west side of Doe Lane approximately 500 ft. south of Rambling Way at 15305 Doe Lane, Magalia. AP NO.; 065-070-024TOWN/AREAL_ Magalia GENERAL PLAN DESIGNATION; Agricultural-Residential 1. Application Complete: 2/27/95 Amount: $1258.00 Receipt No.: 14686 L Comments sent to: PW, EH, Fire, Sheriff 3. Comments received from: A. Rezone Petition Signatures Checked: f. Mailing Ust/Uad-In Sheet: 3/1/95 , 6. Assigned To: SL 7. Environmental Determination: Categorical Exemption-CEOA# State Clearinghouse No.: Negative Declaration Mitigated Negative Declaration Subject to Fish 6 Game: Y Environmental Impact Report ` _Gen.Rule Ex.-CEOA 1115061.(b)(3) Other s. Stan Report: Yt 5 Project Video: T c s 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 16 12. Newspaper Publication Date: O C P G B R 13. Planning Commission Headng(s): �� " . •d p • V Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Headng(s): Action taken: Board Resolution No.: Ordinance No.: Adopted: 15. Type Use ParmIVSend for Signature: 1s. N.O.E./H.O.DJAPPENDIX G: Fish 8 Game Fees Paid: Yes No 17. Send validated Use Permit: 111. Assessor's Memo: 19. Copy of Use PennlWarlance to Planning Technlclan: Commissioner Lambert noted there is no formal request to withdraw. the application and the applicant is not present. Mr. Hogan said it is in the power of the Commission to approve or deny this application. He said, if the Commission likes, they can continue this hearing closed and staff can bring back findings for denial. Commissioner Lambert said that a denial without the applicant's intent to withdraw the project, would give the applicant a chance to appeal the decision. Chairman Nelson said they may need to look at the appropriateness of zoning in this area. Mr. Hogan agreed that there are many such areas in the County that need to be examined. Commissioner Seegert said he visited the site. He said this is not the proper place for a commercial operation. Commissioner Lynch said it would help when staff is doing a video to show more of the surrounding area and roads. He asked if there was a road maintenance agreement on Rambling Way and staff said yes. He said he did not think Conditions 1,2,3,4,5,6, 8, 9, 10, and 13 were enforceable unless you have someone on-site all the time. He said if a project needs this many mitigation measures, then there is a problem. Commissioner Lambert said every applicant has the opportunity to apply for a Use Permit, in a response from a question from the audience on hod the application got this far. It was moved by Commissioner,Seegert,;seconded by Commissioner Lambert, and unanimously carried to deny this request on the basis of the public testimony..-Based upon this testimony-the Commission is unable to make the findings listed in A, B, and C of Section 2 of the Staff Report. A. The proposed use of the property will impair the integrity and character of the zone in which the land lies; and B. The proposed use would be unreasonably incompatible with or injurious to surrounding properties; . C. The proposed use of the property would be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the residents of the County. Commissioner Lambert asked if there was a Motion of Intent, what happens if one of the Commissioners change their mind after the motion and before the final vote? Mr. Hogan said he would bring the question up with Neil McCabe. He said findings are critical in cases of appeal and court cases. BUTTE COUNTY Planning Commission Minutes-_.--.- August 10, 1995 B. David Lynch - proposed Negative Declaration with mitigation measures regarding environmental impacts' and -Use Permit to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 (Timber Mountain - 5 acre parcels) located on the west side of Doe.Lane, approximately 500 feet south of Rambling Way at 15305 Doe Lane, identified as AP 065-070- 024, Magalia_ (SL) (95-139) A video of the property was shown. Mr. Lucas said Mr. Lynch notified him by phone that he intended to withdraw this application, but nothing has been received in writing. Chairman Nelson noted the letters received from Gregory Paguio and Fred and Ednamae Faircloth. The hearing was opened to the public. Ednamae Faircloth submitted pictures and a map showing the neighboring parcels. She said Rambling Way is a dirt road. She was against this project. She said it would increase the traffic on Rambling Way. She said there are no mitigation measures proposed for the impact to the wildlife. She discussed the quite, rural lifestyle of the area. She wanted to know who would enforce the mitigation measures. She said the County needs to change the General Plan designation to not allow commercial uses in the Timber Mountain Zone for this area. Ed Crist said a wood lot in this area would have an impact due to noise, traffic, fire, and dust. He said the property values would go down because no one would want to buy property next to a wood lot. Jean Crist said she wants to protect the watershed. She said this lot is close to the Paradise domestic water source. She said the area is rural-residential and not timberland. She asked the r Commission that each time a Use Permit request comes in, to please protect the watershed zone. Gregory Paguio said he was against the project. Blanche Bell said she lives on Doe Lane and would like to keep commercial out of their area. Geri Benedict, Upper Ridge Council, asked who will monitor and enforce the mitigation measures. She said noise will be a problem. A visual concern is a fence that will only hide the problems and hinder the view. She said there is a fire concern where wood is stored. Mat Matson said they need General Plan revisions in this area. He said the area is suburban residential. The hearing was closed. iii •• ,. �'� BUTTE COUNTY Planning Commission Minutes - August 10 , 1995 AGENDA ITEM AGENDA REPORT TO: Honorable Chair and Planning ComnLassion FROM: Barry K Hogan, Planning Manage BY: Stephen Lucas, Planner DATE: June 12, 1995 REQUEST: Use Permit for David Lynch (applicant) & Bernetta Dimbat (owner) on APN 065-070-024: A request for a Use Permit to allow a wood lot for commercial firewood processing and storage on 1.5 acres of land zoned TM-5 (Timber Mountain-5 ac. min.)located on the west side of Doe Lane, approximately 500 ft. south of Rambling Way at 15305 Doe Lane in the Magalia area. RELATED ITEMS: None FOR: Planning Convnission Meeting of August 10, 1995 ABSTRACT: This application for a Use Permit is to allow a commercial wood processing lot The proposed use is conditionally consistent with the TM-5 zoning and is a secondary use in the Agricultural Residential General Plan designation. Staff recommends approval with conditions and findings contained in this report PROJECT CHARACTERISTICS: David Lynch is asking for a Use Permit to allow a wood lot for commercial firewood processing and storage. The primary request is to bring trees salvaged from valley orchards, that have been previously cut and split into firewood, to the property to be stacked and dried for future off-site sales. The applicant will not use trees cut from this property or other woodlands, the proposed use is not a commercial tree harvest operation. In conjunction with this use, the applicant anticipates the need to cut and split a pre-determined amount of wood that is a by-product of his tree removal service which includes pruning, clearing dead timber, and removing nuisance trees. Secondarily, an enclosed shed of approximately 1600 sq. ft is proposed for cutting strips of molding wood for kindling bundles and for equipment storage. The molding strips are scrap pieces obtained from local manufacturers. The operation will utilize two large dump trucks (2 ton capacity) and pick-up trucks (under 1 ton) for wood hauling. The applicant proposes to utilize a 1.5 acre parcel located at 15305 Doe Lane in Magalia. The parcel is presently used as a residential homesite and is in the TM-5 (Timber Mountain-5 acre min.) zone with a General Plan designation of Agricultural Residential. The site is also located within the Paradise Watershed Protection Zone. Access to the parcel is from Doe Lane via Rambling Way and Skyway. The parcel is located in a primarily rural mountainous setting with residential uses on lots varying between 1 and 40 acres. The area is heavily timbered with some logging taking place periodically. The parcel is basically level and has been cleared of trees on some portions. The parcel is served by an individual well and septic system. ■ Butte County Department of Development Services -Planning Division ■ 1 AGENDA ITEM ANALYSIS: The proposed use has a number of issues and concerns that must be addressed in order to accurately assess the project. These issues/concerns are land use, aesthetics (noise and visual), infrastructure (roads/traffic), and environmental protection. Land Use The project site is zoned TM-5 (Timber Mountain-5 ac.min.),which allows commercial wood processing plants as conditional uses. The site is designated by the Butte County General Plan as Agricultural Residential which establishes forestry related activities as a Secondary Use. The project substantially conforms to both the general plan and zoning. Although the site is located in an area of scattered residential uses on large lots, the historical use of lands zoned timber mountain has been for forest management and the production of timber related products. This application presents a conflict between rural residential interests and the continued viability of timber lands and the associated uses. The potential conflicts for this project have been thoroughly addressed, and both mitigation measures and conditions have been developed to minimize the impacts presented by the project. The conditions include limiting the hours of operation to 9:00 am. to 5:00 p.m. Monday through Friday, limiting the amount of traffic, and on-site maintenance standards. Noise concerns The proposal may result in a substantial increase in noise created on-site or in the vicinity as a result of the use of power equipment such as chainsaws, woodsplitters, and table saws. It is anticipated that the proposed wood lot will generate single event noise levels in the 60dB to 90dB range that would impact the surrounding parcels. Although the use of wood cutting tools, lawn mowers, and other gas powered equipment is customary in the rural mountain areas, the repetitive use of these types of equipment by the applicant would create more frequent noise than incidental or accessory use of such equipment by homeowners. In order to reduce this impact to a level more customary in this area, the applicant will be restricted to using noise generating equipment that exceeds 60 dB when measured at property lines to only 2 hours in any one day with a maximum of 3 hours per week and between the hours of 12 noon and 5:00 p.m. Monday through Friday. Visual concerns Considering the project site is located in an area of residential uses and comments have been received from neighbors concerning the visual impact the project may have,several conditions/mitigation measures have been developed to address this issue. The screening of the project site will be accomplished by requiring a 6 ft. high sight obscuring fence to be erected along all property boundaries adjoining a residential use. The applicant will also be required to contain all power equipment, tools, and other related items in an enclosed structure when not in use. The structure will be required to be setback a minimum of 30 ft. from the property lines. To avoid an unsightly accumulation of timber/wood on the property, no logs shall be delivered to the site in excess of 4 ft in length and all uncut logs shall be cut and stacked within 72 hours of unloading. ■ Bune County Department of Development Services -Planning Division ■ 2 Road and Traffic impacts The proposal may result in impacts to Doe Lane, Rambling Way and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood. The concern is for both traffic safety and road maintenance impacts. The primary issue is heavy trucks carrying firewood on the dirt/gravel roads during inclement weather, which may result in large ruts and the increased formation of potholes and other road hazards. The use of large trucks also creates a traffic issue dealing with road width, dust creation, and the frequency. of use. The number and type of truck trips per day will be limited in both size(loads under two tons and no tractor-trailers)and frequency (two trips per day)which will drastically reduce the potential for dry road damage and safety concerns. However, significant damage to a wet or muddy road can occur with only a few truck trips. To mitigate this potential wet road damage, the use of large trucks will be restricted during periods of inclement weather when the roads are significantly wet or when muddy conditions persist The Department of Public Works will require the applicant as a condition of project approval to provide a S-18 public road approach at the intersection of Rambling Way and Skyway which will include realigning the intersection and paving the access area Rambling Way and Doe Lane are presently maintained private roads that must meet the minimum County road standard of RS-8, LD1 requiring that the road be a 20 ft. wide, two-way traversable road that can be utilized by a two-wheel drive vehicle. The Department of Public Works has indicated that this use is not expected to significantly impact this standard. Doe Lane is under a road maintenance agreement signed by parcel owners served by the road. The applicant, as a property owner, will be required to participate in this agreement. The proposal will also represent an incremental increase in traffic in the area due to regular business activities.The proposed project will generate approximately 6 vehicle trips per day by employee vehicles and an additional 4 vehicle trips per day as a result of business activities on-site. The project is conditioned to restrict the number of employees to three (3) and disallow any on-site retail sales of firewood or related materials. These restrictions will eliminate any substantial increases in traffic that might be generated by the use. Fire concerns The site is located in a rural high fire hazard area as designated by the Butte County Fire Department and the California Department of Forestry and has the potential of creating an additional demand for fire protection services due to the use of gas powered equipment and the storage of large quantities wood products. As conditions of project approval, the fire department will require the applicant to clear a 30 ft. driveable setback along all property lines, store and maintain fire fighting tools including shovels and fire extinquishers, and put all wood in stacks not to exceed 12'x12'wide and 5' high. There must be a 10' space between the piles and they cannot be any closer than 30 ft to the propane tank nor within 80 ft of the residential dwelling. Additionally, as mitigation measures to reduce fire hazard danger, all wood chips, sawdust, and other waste products accumulated on-site shall be contained in an enclosed, fire safe area (as determined by the Fire Department) and removed from the property on a weekly basis or when the enclosure is full and fuel storage on-site shall not exceed 20 gallons. ■ Butte County Department of Development Services - Planning Division ■ 3 Environmental concerns The project site is located within the Paradise Lake Watershed Protection Zone which stipulates that no development shall have an adverse effect on water quality within the watershed. This proposal will result in some disruption of the site as a result of the development of improvements related to the proposed use, however, the majority of the activity requested will involve cutting and stacking firewood outdoors on the ground which will not involve any permanent overcovering of the soil that may lead to excessive drainage or erosion that has the potential to degrade the water quality within the Watershed Protection area Some stormwater contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants may result from development of the property for residential use, however, this is completely unrelated to the proposed use of the property for a wood lot. The proposal will not substantially affect air quality because emissions from the increase in the number of vehicle trips is not anticipated to be significant nor will the cutting, splitting, or stacking of wood generate any substantial air quality impacts. The access road to the project site is an unpaved road and the potential for increased dust being generated exists. However, the proposed use will be controlled by conditions imposed on the project that will limit the number of truck trips to two per day which will not create a substantial dust problem. Additionally, the applicant may employ three employees on an as needed basis, at maximum use, the employees could generate an additional six trips per day. Incidental emissions will also result from the use of gas powered equipment, however, the use of such equipment will be limited to a maximum of two hours per day which will not create substantial air quality changes. Other concerns The Environmental Health Division has responded with comments relating to the protection of the existing septic system from the operation of heavy trucks that might cause underground system damage. Additionally, the applicant will be required to submit a business plan to the EFID if any flammable or hazardous materials are to be stored on-site. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing occurred in the Paradise Post. Public notices were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received numerous public comments from surrounding property owners who are not in support of this project. Primarily the comments object to a commercial use in their residential neighborhood that has the potential to cause a variety of impacts, both real and perceived. These concerns were addressed in this report and while the impacts are apparent, they are also fully mitigable with the inclusion of the conditions enclosed in this report. ■ Butte County Department of Development Services -Planning Division ■ 4 0 EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-139 PERMIT NO. AP 065-070-014 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Lynch is hereby granted a Use Permit in accordance with application filed: 2/27/95 to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 located at 15305 Doe Lane, Magalia. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of thisermit shall run with the land and shall be binding u P 9 pon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on ■ Bune County Department of Development Services-Planning Division ■ 6 I s • RECOMMENDATION: Staff recommends that the Planning Commission approve the application for David Lynch on APN 065-070-024, subject to the following findings and conditions in the attached Exhibit "A". Attachments: A: Project and Surrounding Area, B: Vicinity Map C: Site Plan D. Environmental Documentation ■ Butte County Departrmnt of Developmmnt Services -Planning Division ■ 5 the project, and the Negative Declaration reflects the independent judgement of the Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies in that the TM-5 Zoning allows commercial wood lots as conditional uses and the TM zones are designed for the use and protection of timber lands; and B. The proposed use would not be unreasonably incompatible with or injurious to surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the residents of the County in that the proposed use.will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for David Lynch on APN 065-070-024 to allow a commercial wood lot on property zoned TM-5 located on the west side of Doe Lane in the Magalia area. B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions: 1. The use of equipment that generates noise in excess of 50 dB at property lines shall be restricted to three (3) hours per week with a maximum use of two (2) hours in any one (1) day and between the hours of 12:00 noon and 5:00p.m. Monday through Friday. MM 2. On-site fuel storage shall not exceed 20 gallons of fuel. MM 3. On-site retail sales of firewood or related products are prohibited. MM 4. The operation shall limited to two (2) light (under two ton capacity) truck trips per day and the use of tractor-trailer trucks is prohibited entirely. MM ■ Butte County Department of Development Services -Planning Division ■ 7 • 5. All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area (as determined by the fire department) and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. MM 6. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. MM 7. All power equipment, tools, and other related items shall be contained in an enclosed structure when not in use and a 6 ft. high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. MM 8. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. MM 9. Operation of commercial wood processing business on-site is limited to a maximum of three (3) employees. 10. Wood splitting on property shall not exceed 40 chord per year. 11. Hours of all business operations shall be restricted to 9:00 a.m. to 5:00 p.m. Monday through Friday. 12. No logs shall be delivered to the property in excess of 4 ft. long. 13. No logging of property shall be permitted except for the clearing of diseased trees or what is necessary for fire hazard reduction purposes. 14. Provide an all weather driveable 30 ft. cleared area around the property boundary. This includes structures, impediments and all flammable vegetation. 15. Stacks of wood are not to exceed 12' x 12' wide and five (5) ft. high. There must be a ten (10) ft. space between the piles and they cannot be any closer to the propane tank than 30 ft. nor within 80 ft. of the mobile home. 16. Fire fighting tools such as shovels and fire extinguishers are required to be on-site and readily available in case of an emergency. 17. All wood processing operations shall not encroach onto the existing septic system. 18. If any flammable or hazardous materials are to be stored on-site a business plan shall be submitted to the EHD and all requirements shall be met. 19. Provide an S-18 public road approach at the intersection of Skyway and Rambling Way. ■ Butte County Department of Development Services -Planning Division ■ 8 • ; Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry k:\pereport\1ynch.stf ■ Butte County Department of Development Services -Planning Division ■ 9 • Ow ` o� Q° Hupp d • Msadowbrwkft Project Location Ra blin Wa i J Q m O C 0 G 0 R. m o 3. a .e. o � v om m 0. o�o m gte�e� oad CO o . m. r IA E z / .� Vicinity Map. TM-20 TM-20 TPZ-160 P-Q Ra mbrmg ay �r TM21/2 : o Project Location TM-1 TM-5 ITFF TTTFF s RM -3 CL BUTTE COUNTY PLANNING COMMISSION View1 David Lynch Owner. Carl&Burneta Dimbat Hearing Date: August 10,1995 rQ 9:00am Rdsting Zone: TM-5 C timber-Mountain Sac Mmim� N Bequest: Use Permit to allow a wood lot for commercial firewood proceaaing. No Scale TAxxuxor Parcel No: 065-070-024 File: 95-139 CH. 4, FILr ' 30 Day Review Period Encs SCE Review _ Period Ends OUTGOING AC TTY Dame Age=c- �ersan I I .I I I ` I I 065-070-015 065-070-017 Betty Lou Parker John Roberts P.O. ' Box 353 1165 Country Hill Road Paradise, CA 95967 Santa Maria, CA 93455 65-070-21 065-070-022 65-070-023 Scott & Lavern Barclay Laurence & Blanche Bell Mr. & Mrs. McCarthy 15341 Doe Lane 15333 Doe Lane 15319 Doe Lane Magalia, CA 95954 Magalia, CA 95954 .Magalia, CA 95954 065-070-024 Carl & Burneta Dimbat 15305 Doe Lane Magalia, CA 95954 L: 065 470 002 000 STATUS: ACTIVE L: s!165 471 024 000 �j3TATUS: INACTIV VALDEc TRUST ATKINSON JACK R CH OTTE G ETAL VALDEZ ROBERT L & SHARON F TRUSTEES r, 664 GREEN AVE E F' 0 BOX 556 SAN BRUNO CA 94066 MAGALIA CA 95954 �. ,. L: 065 470 023 LCL"0 STATUS: ACTIVE L: 065 470 023,000 STATUS: ACTIVE ALFORD EUGENE K & FRANCES E ALFORD EUGENE,"K & FRANCES E 15298 TOREY FINE RD 15298 TOREY FINE RD MAGALIA CA 95954 MAGALIA CA 95954 L: S%165 47x1 1%122 s%11%1y1 STATUS: ACTIVE L-. s%165 090 Civil 60C) STATUS: ACTIVE GIRALDE= FRED 11: DOROTHY A CF' ` WEINTRAUB ROYD L & MELANIE SUE ADAMS ` F' 0 BOX 65 15274 Sk::YWAY MAGAL,YA CA 95954 MAGALIA CA 95954 L: 1%165 476!1 1%121 000STATUS: ACTIVE L: 065 !!70 025 1300 STATUS: ACTIVE HURRAY LONNIE G Z: JOANNE V PRINGLE REVOCABLE INTER VIVOS TRUST FRINGLE CHARLES M & ELSIE M TRUSTEES PO BOX 432 P 0 BOX 611 MAGALYA CA 95954 MAGALIA CA 95954 L: 065 470 y117 000 STATUS: ACTIVE L: 065 Q70 026 000 STATUS: ACTIVE MAUERHAN FAMILY TRUST WILSON DAVID A & JOANN M J MAUERHAtN VERNE F & JANICE V 16013 HENSON RD F'0 BOX 12Y"16 P' R�DISE CA 95969 MAGALIA CA 95954 -� L: 065 070 1327 000 STATUS: ACTIVE L: 06,47:%1 (?115 1sJs%1 STATUS: ACTIVE TF I PLETT JETHRO STIER JUDITH E SS .rte--- 6304 SHELTON CT 14515 CEDAR VALLEY DRIVE MAGALIA CA 95954 LATHROP CA 95330 L: 065 010 x163 131%0 STATUS: ACTIVE L: 6965 1371% 1328 (%16%11%s STATUS: ACTIVE SHAFFER GARY & MARILYN K ETAL WAY ALDEAN E & BETTY I 472-100 RICHMOND RD PO BOX 527 SUSANVILLE CA 96130 MAGALIA CA 95954 L: 6365 4713 13131 000STATUS: ACTIVE L: 065 1151%1 001 000 STATUS: ACTIVE STAMPS JOHN R & PATRICIA ERIKSON SCOTT R ETAL 1376 SUSSEX WAY 2809 RIDGECREST DR t j.' CONCORD CA 94521 SOUTHLAKE TX 76092 L: 065 470 024000r( L: 065 470 002 9100 STATUS: ACTIVE STATUS: INACTIV VALDEZ TRUST ATK:INSON JACK R & CHARLOTTE G ETAL VALDEZ ROBERT L & SHARON F TRUSTEES 664 GREEN AVE P 0 BOX 556 t: ° i. SAN BRUNO CA 945766 MAGALIA CA 95954 L: 065 470 023 000 STATUS: ACTIVE L: 065 470 023 000 STATUS: ACTIVE ( ALFORD EUGENE K; & FRANCES E ALFORD EUGENE K & FRANCES ,E 15298 TOREY FINE RD 15298 TOREY FINE RD MAGALIA CA 95954 MAGALIA CA 95954 L: 065 470 022000STATUS: ACTIVE L: 065 090 001 vif%0 STATUS: ACTIVE GIRALDEZ FRED B & DOROTHY A CF' WEINTRAUB ROYD L & MELANIE SUE ADAMS P O BOX 652 152274 SK:;YWAY MAGALIA CA 95954 MAGALIA CA 95954 L: 065 470 021000STATUS: ACTIVE L: 065 070 025 000 STATUS: ACTIVE MURRAY LONNIE G & JOANNE V PRINGLE REVOCABLE INTER VIVOS TRUST PRINGLE CHARLES M & ELSIE M TRUSTEES PO BOX 432 P 0 BOX 611 — MAGALIA CA 95954 MAGALIA CA 95954 L: 065 470 017 5700 STATUS: ACTIVE L: 065 070 026 000 STATUS: ACTIVE MAUERHAN FAMILY TRUST WILSON DAVID A & JOANN M MAUERHAN VERNE F & JANICE V 1600 HENSON RD PO BOX 1206 PARADISE CA 95969 MAGALIA CA 95954 L: 065 470 015 000 STATUS: ACTIVE L: 065 070 027 000 STATUS: ACTIVE STIER JUDITH E SS TRIPLETT JETHRO 6304 SHELTON CT 14515 -CEDAR VALLEY DRIVE MAGALIA CA 95954 LATHROP CA 95330 L: 065 010 063 000 STATUS: ACTIVE L: 065 070 026 t%ss%0 STATUS: ACTIVE SHAFFER GARY & MARILYN K ETAL WAY ALDEAN E & BETTY I 472-100 RICHMOND RD PO BOX 527 MAGALIA CA 95954 SUSANVILLE CA 96130 L: (765 47x3 17471 Vf f�7 STATUS: ACTIVE L: 065 050 001 i%00 STATUS: ACTIVE STAMP'S JOHN R & PATRICIA ERIk:;SON SCOTT R ETAL 1376 SUSSEX WAY 2809 RIDGECREST DR j CONCORD CA 94521 SOUTHLAk'E TX 76x792 r; APPLICATION FOR USE P ERIM1T Planning Department BUTTE COUNTY PLANNING COMMISSION - FEB 2 7 1995 APPLICANT: Read and follow instructions as set forth an attached sheet. Orovifie,Cailfornia Applicant's name— 7AU, y L/yC' Phone No.l Applicant's mailing address 7.500 Applicant's interest in property (Owner, lessee. other) .1-6 O&JAJ Owner's name and address SE-RA/F_iW 21,MBA% 1$.305 DOE' 44, AW6&/ell 09L Contact person for project (it other than applicant) Assessor's parcel number(s) 065 0,-76 02"T . Present zoning 7ol_5 Location and size of parcels) l 7.S r X q Z P AMM /o SACCES Street address 305 DUE /s fy9G1,4 Z Oirections for travel to property (rural and mountainous areas only):: ->K�W�y To D&A13LA I i2T.- OA) Rgn' BLJ,06 Why P,-r,-To i)OF JAtVE Ar L4A,1E5 EAD 6A/ er, 51 Dr'- J Oescription of proposed development and use �OhI/�IE/'C/�4L �EGfIOQ� 1�/dOCEs�S/it/6 4d�A6 -s live sA�Es onl PR O PEkLY ) L Dowd 6 RAO&_ Fol P921'x,06 61C - Description of existing land use 5106f_C— F.<f'/i4IL� galpp Nc F" Proposed sc:ieduling/associated projects .- Anticipated incremental development U Building construction (state dimensions, square footage and materials used) /'!4/b seg,Fr 1;YQQ1L� hb�E�/d K/0 11fal /0/X 8 �ANIV A 111� a. Existing buildings ' Gb. Proposed buildings yO"K 40' 4KC,6sS0)eX '3L)ILPIAM aT Ag66- IAiZQ6E� Hazardous materials to be used (inflammaoles, explosives or strong Chemicalsf A/O/UeF CX6cP7 GA�5oC/NE rutz-- I�t1lXSS ir/1=/�� 1�4r.�N�oc�E/L eft- Daily ou s a oppeerationm✓�P/h (n MEK 880-6 Pm Numaer of emofoyees /u A)6_ Number of off-street parking spaces provided 1,v F,poNT OF ZWIM E-1, Extsting proposed sewage di soosal metnod: SEP7/L to f 7fi L4!e-7EG# Proximity of power and phone lines: RE51DEIUCE— Distance to natural water course or storm drain: i�2o 'To IP�i2 OF / Anticipated an and off-site drainage improvements: �atiE . A� AI,4 JAL Water source: GyEGC_ wiIN PIJfyIP /S [. ('M Proximity at water for fire fighting purposes (hydrants. ponds, etc.) q SPZA� 75 1A) 1�.4C- %7F�9/3L/-7 ��,ST4iih,0 t� /�I.tJ' 3l� Will excavation or grading be necessary?Cubic yards (estimatel: �� List and describe any other related permits and other public approvals required for this project, including those ..,quires city. regional. State and Federal agencies: IF RESIDENTIAL, include the number of units, whether units are single or multi-story in height. schedule of unit sizes, art t type of household size expected. IF COMMERCIAL. indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, ar.= loading facilities. IF INDUSTRIAL. indicate type, estimated employment per shift, and loading facilities. IFANSTITUTIONAL, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities. ? and community benefits to be cerived from the project. ..J ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES' —1 Identify potentially significant environmental impacts associated with the use permit. What project design features or soecia. ti. conditions of approval (mitigation measures) are proposed to alleviate potential environmental impacts? SRWOU� Cf�f`%5. �/0 f�I,�K U.�O AS /�uLGH•-- Amy Exc��S sv4o o,e G y � J(f� A1U1A4C_ 6UJIL169S Z ENVIRONMENTAL SETTING' Q Describe the project site as it exists before the project, including information an topography. soil stability, plants and ant- trials. and any cultural, historical or scenic aspects.Oescri be any existing structures on the site, and the use of the structures. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspect:. CL. Indicate the type of land use (residential,-commercial, etc.) intensity of land use (single-family, apartments, shops, depar-.- CC stores, etc.). and scale at development (height, frontage, setback, rear yard, etc.). -Use separate sheet for longer responses. ,�,eD PER77 -TtIMId/E,D Off. 6te(2SH 4 NO L764,;' -2EEs ;�o?aavEors zfNo Oat a �5>0&s/ 7-0 W6_5;�l�E�i/6-flNo ti sif S : LOT SLOPES 5° c�4s7 io WEs r >yyU sa FT 81x gyp' ('urn(7 14(WS ) COMMEIeCi19i_. FheEltXW 57.404 C-1 P2aCE;ss/,v6 I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true, complete and correct to the best of my knowledge and bell f, Date -2` P,-qS Applicant's signature Date 1 J g/96, Property owner's signature f Use Permit Numaer >_ Request: Use permit to allow Z Location and size of parcetlsl O VERIFY: LLA A.P. Number(s) _ Prolec: Oescriotion Ownership Zoning and Requirements Proof of Agency (if needed) Location Description ;eCooies of Plot Plan LJr V �- Date Received 242-7/15 1 5 S Z?g r Receipt Numoer O Application taken oy Mailing List for AN 065-070-024 95-139 65-070-02 5-070-0 65-070-02 65-070-027 __ __ R_am_b_ing---___ _x------ ----— ----- ------- ---- ---- ------i -- 065-010-063 06 -070-021 i i 0 c 06 070-022 d 065-070-023 Proj ct Site 065-470-001 065470-023 065-090-001 065-470-002 065-050-001 n . 'f i f 4-X + -SAN - - - - to - Z- ;0 o(013-0_SO- m o 1 i f�o,Rox— 3 _ a o►� CA RS90 _ + 41 -I- ----- - -- ,i sem- ve ,t2G -9 153 t nuc 06__02 LLrAU2&Nc _6i� - � 15 33 C_v� rna Z,A� �a q5`t 4- i - _i!©bS-0'7 b o?,q2L 6U Q,�1aTA Dt r,,e�,m " _1 5305_DOb_W mrar G � X595'{ - 7 �.,. i j E� tl Fh If r( �1 1�- rr1 3! 1+� i; ,I tI. JIIII �E p 1i {{if �I E is �i EI I �k pi I� V• Z 6287 Rambling Way Magalia, CA 95954-9725 July 31, 1995 �'ianning Divislp n J U t 3 1 1995 Barry Hogan OreVUle, CantOMie Planning Manager 7 County Center Road Oroville, CA 95965 Dear Mr. Hogan: RE: USE PERMIT FOR LYNCH & DIMBAT ON APN 065,-070-024 AGENDA ITEM / PLANNING COMMISSION MEETING OF AUGUST 10, 1995 We may not be able to attend the above meeting, due to employment commitments, so we are submitting this letter to all members of the Planning Commission opposing the issuance of this Use Permit. Our residential area consisting of Rambling Way and Doe Lane is a quiet family neighborhood. The serenity of this rural district will be disrupted by the proposed commercial enterprise. Heavy traffic, noise, dust pollution, and emissions will have a'negative impact on the homes and families in this area. The increased fire danger due to the use of cutting tools, sawing equipment, and storage of wood will be a constant threat to our safety. The project location is in the midst of homes that house families with young children and babies, and retired people. The area is sheltered from heavy traffic and other road hazards. '�'---Parents can safely allow their children to play in the lanes. Residents stroll and exercise their dogs. Families enjoy being outside gardening, relaxing, and maintaining their property. Joggers, 'and horse-riders from neighboring streets also enjoy their leisure activities on these lanes. If heavy 2-ton trucks and pick-ups are allowed to regularly travel these narrow dirt lanes, families would be forced to change their way of life. Parents would have to restrict their cl rloren riding bicycles and playing freely since the traffic hazards would be a constant worry. We would have to drive to another area to walk our dogs. We'd no longer be able to appreciate outdoor living. Windows and doors would have to be closed to help keep out the dust and noise. All participants,of the road maintenance agreement would be unfairly obliged to contribute an even greater amount of money for the upkeep of Rambling Way due to the inevitable deterioration of the road surface. Electrical interference from power equipment will effect television and radio reception. No one will buy a home near a wood processing business. Our property values will most certainly depreciate. Clearly, this area has not been developed with the intent to accommodate a commercial wood processing business. We acknowledge the fact that Mr.-,Lynch has a right to make a profit but he does not have the right to diminish the return.on the hard-earned investment and commitment we have 1 Barry Hogan Page 2 7/31/95 placed in our homes. The application for a commercial Use Permit at this project location is an unreasonable request. Please do not place your endorsement on this project. * * * * * * * * * * Apart from opposing the Use Permit we are concerned with many of the items on the agenda report, prepared by Stephen Lucas, of June 12, 1995. Land Use The potential conflicts for this project have not been satisfactorily addressed. The hours of operation interfere with residential traffic, family activities, and pedestrians. The proposed hours of operation cannot be monitored. Noise Concerns The proposal will cause a significant increase in noise. The sound of truck engines, chainsaws, woodsplitters, table saws, and other wood cutting equipment will ruin the environment for inhabitants of the immediate and surrounding area. Again, the enforcement of the proposed hours of operation cannot be regulated. The sound allowance levels cannot be assuredly enforced. The maximum time limits for high level noise machinery cannot be controlled. Sounds lower than the high decibel range, i.e. 60 - 90 dB, will disrupt the placidity of the neighborhood. Visual Concerns To avoid the negative visual impact of the project, the proposed screening of the work area must be erected prior to commencement of business. The suggested obscuring fence must be constructed with inevitable future residential development considered. The mitigating conditions to avoid unsightly accumulations of timber/wood cannot be consistently controlled. No items should be placed or stored outside of the property lines. Road and Traffic Impacts The proposal will result in negative impacts to Doe Lane, Rambling Way, and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood. Wood must be properly secured to avoid traffic hazards and personal injury. We challenge the facility of the Planning Commission to control the number of trips and the types of trucks used on these narrow dirt lanes — let alone be able to entirely stop traffic during inclement weather. The required S-18 public road approach must be completed and approved by the Department of Public Works prior to commencement of business. f Barry Hogan Page 3 7/31/95 When a large vehicle breaks down on Rambling Way or Doe Lane, the road is blocked until that vehicle is cleared. This is both dangerous and inconvenient to all concerned. Rambling Way is a privately maintained road and will be unavoidably impacted by the presence of excess heavy traffic. The applicant should, in good faith, put forth a bond of an amount equal to 50% of the total future road maintenance costs. Dollar amount to be determined by the Road Commission that oversees the upkeep of Rambling Way. The mitigating restrictions and other conditions governing this business are impossible to enforce, therefore, a tremendous increase in traffic will occur. Especially worrisome is the probability of on-site retail sales. Fire Concerns Which public entity will ensure that the requirements established by BCFD and CDF regarding: the spacing of wood piles, on-site fuel storage limits, and containment and disposition of waste, will be met? The use of power equipment during the "no burn" season should be prohibited, and during "burn" season should be limited to the hours that are permitted to the general public. To reiterate: when a large vehicle breaks down on Rambling Way or Doe Lane, the road is blocked until that vehicle is cleared. It is a danger to all in the area when the only escape route to safety is obstructed. Fire department and other emergency vehicles must have these lanes clear at all times to enable them to access properties and/or people that are in peril. Environmental Concerns Air quality will definitely be affected from vehicular and machinery emissions, wood particulates, and dust generated by increased road traffic. Again, the proposed mitigating conditions such as limiting number of employees, limiting number of trips, and limiting number of hours of gas powered operation cannot be assuredly enforced. Other Concerns The applicant must submit a business plan to the Environmental Health Division prior to the commencement of business since flammable and hazardous materials will be stored on the project site and increased traffic consisting of heavy trucks will cause underground septic system damage. Environmental Documentation We object to consideration of this proposal until all residents in this area have received results of the initial study performed by the CEQA that imply mitigating measures will be satisfactory. Barry Hogan Page 4 7/31/95 Public Notice and Comments We object to consideration of this proposal until all residents in this area have been made aware of all staff reports and substantiating documentation regarding mitigation measures. Notifying residents within a 300 ft. radius of the project_site is severely inadequate since residents are affected along the entire route from Skyway to the project location at the end of Doe Lane. The environmental findings; zoning ordinance findings, and recommended action contained in Exhibit "A" Use Permit, do not take into consideration the concerns of the majority of the population surrounding the project location. The issuance.of this full Use Permit for a commercial endeavor in a quiet residential area is conclusively unreasonable. Conditions and Mitigation Measures The following restrictions should be appended to the application: (1) The applicant is expected to put forth a dollar amount equal to 50% of the total anticipated future road maintenance costs. Dollar amount to be determined by the Road Commission that oversees the upkeep of Rambling Way. (2) Vehicular speed limits of traffic travelling to and from the project sight, including employees of project sight, not to exceed 10 mph. (3) When a project vehicle breaks down and blocks the road along Rambling Way or Doe Lane, it must be cleared immediately. As soon as the vehicle becomes inoperable it must be moved to clear adequate access for fire trucks, emergency vehicles, and other traffic. (4) No items are to be placed or stored outside of the property lines. (5) All electrical and power equipment must be grounded and/or otherwise stabilized to prevent any interference with television and radio reception. ' All restrictions, mitigated measures, and conditions must be in effect prior to the commencement of business. ancerelly, V Jeff & Ann Vander Linden Lawrence & Blanch Bell 15333 Doe Lane Magalia, CA 95954 PH: 873-2757 May 1, 1995 Butte County Planning Commission 7 County Center Dr. Orovilie, CA 95965 ' RE: USE PERMIT REQUEST BY ALPINE TREE SERVICE AND BIG DAVE'S GOOD WOOD AND KINDLING SERVICE, Owner David.Lynch, TO ESTABLISH A COMMERCIAL FIREWOOD LOT AT 15308 DOE LANE, DESABLA, CA (currently owned by C. Dimbat). Dear Planning Staff: r ' s We, the undersigned residents of the Rambling Way, Doe Lane neighborhood, feel that the above use permit should not be granted. The approval of such a permit would cause a grave negative impact to our existing 14 parcel residential subdivision for the following reasons: Poor Access The access to the above property is via two private roads (Rambling Way, and Doe Lane). These are dirt roads that are maintained by the owners whose properties they cross. In many spots they are too.narrow for two cars to pass at the same time. These roads are very dusty during the summer, become stream beds during heavy rains, and are at times covered with heavy snow during the winter when they become impassable because they are not plowed. The granting of this use permit would cause increased traffic by large heavily loaded trucks. These trucks would make many trips on these roads in a day. We, the residents, would constantly have to move to the side of the road to let these vehicles pass. They would create an enormous increase in the amount of dust the residents would have to endure, and they would also cause a major increase in the wear and tear on the road that we, the current residents, maintain. This would not be fair. Noise One of the reasons we, the residents, of this neighborhood were drawn to buy property in this area is because of its serenity and quietness. This would be totally destroyed if you allow this requested use permit. There are at least five families that live close enough to be severely impacted by the noise that would be produced by the logging trucks, trailers, chain saws, log splitters and other machinery used in the commercial ��. ... '_!: .. �� � v .. .� �.� 'r► business of manufacturing kindling and the creating , storing, and delivering of firewood. Visual Incompatibility As it exists today, this neighborhood is comprised of single family homes_which display a pride of ownership. In the immediate vicinity of this proposed commercial operation, the lots are narrow and the homes are in close proximity to each other. While the, untidiness of Mr. Lynch's present wood yard and kindling operation might look "at home" in a commercial area, it can be readily seen that it would be an eyesore in this area of neighborhood homes, and would cause an evident decline in property values. Fire Hazard The storage of great amounts of cut firewood and kindling constitutes a very real threat to our forested neighborhood. Threat to Water Being responsible for our own water supply through wells, we are very concerned that the spillage of any oils, fuels, or chemicals used in this operation might seep into our ground water and contaminate our shallow wells. Please, deeply ponder these issues. We know that as planners for the county, you must be fair and consider all the issues that will effect Mr. Lynch and ourselves. In representing the county, you must take care not to create another of those areas that obviously looks as though it has suffered from poor or no planning. We invite you to come and visit our neighborhood, and then inspect Mr. Lynch's current site on Skyway, in Paradise. From our point of view, this use permit should not be granted. Thank you for your consideration, Concerned residents of Rambling Way and Doe Lane -93.3.3 Pam GC/ �('- �eY e ls3i R t7oC 40.0 c I'.S 3 33 6 �7 2 ! 53q/ ljoe, Loge 6 z s-9 kA �� y r" _ ,.- �' f-° � - r .' �:;�, ..- �. .' , • �° T August 7, 1995 TO: Planning Commission: Chairman Bob Lynch, Christopher Seegert, Nina Lambert, and Chuck Nelson RE: USE PERMIT NO. 95 - 139 First, we want to thank the Planning Department and staff for all the work they have put into this Use Permit . We know it took a great deal of time and effort to answer all our questions, along with everything else they have done . However, we do oppose the Use Permit No. 95 - 139, and urge you to reject this Use Permit . The lot itself is only 154 ft . wide fronting Doe Lane, and it' s 412 ft . deep, less a 45 ft . easement on Doe Lane . This makes it a small lot for any commercial use . It is in a residential setting and should be for that purpose only. We know it is zoned TM-5 now — but until the county can bring this area up to a residential zoning, it is going to be called TM-5 in the general plan, (which is somewhat outdated) . Somehow we should, with the County, try to change our area to another zone that would work in with TM-5, Watershed Protection Zone, roads, and traffic . Nowhere in EXHIBIT-A do we see where the applicant has to bring Rambling Way up to county private road standard. Rambling Way is now about 15 ft . wide or less . From Skyway to Doe Lane down Rambling Way is about 3000 ft . If this Use Permit is granted, the applicant or the county should pay for the work that will bring Rambling Way up to county standard. Also, the applicant should put up a $50, 000 bond for Rambling Way. EXHIBIT-A says "no trucks on Rambling Way when roads are wet or muddy. " When the roads are wet and damp, that' s when people start thinking about buying wood for the winter. How can the applicant not use his trucks during this time of year? Last year De Sabla had over 130 inches of rain. No mitigation was stated for the wildlife found in this area. No mitigation for the interference of our television reception, caused by electrical sawing equipment . Cable is not available to us . The cable company said it would be years . No plans are in the future . AGAIN — who will police all the mitigations that are listed in EXHIBIT-A? Who will enforce all the mitigation? Does the county have the funds to take on this obligation? Our fear is — the applicant has 2 years to fulfill the conditions stated in EXHIBIT-A. What would happen if the applicant sells or moves in less than 2 years? Who, again, will pay for damage to Rambling Way? Or could the applicant sell to a turkey farmer or any other livestock holder? Then what? Anything can move in on this Use Permit in a nice residential area. Thank you again, Fred and Ednamae Faircloth Rambling Way and FairPag Lane y �r 71 • v � COUNTY OF6TTE OLD OROVILLE, CArTrORNIAr -, PURCHASE ORDER C148143 V Paradise Post • N Drawer Y$ 70 Issued By Planning D /At to I Nicole Department 0 Paradise, CA 95969 ` R L DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. k 7/17/95 PUBLILC HF,AEING VOTICE a 480-001-37 To be published in the Paradise Post on Thursday, July 20, 1995. Please furnish this office with two affidavit of publications (Lynch 9 — 9) h Butt's County Planning . 7 County Center Drive Oroville. CA 96 538-7602 L � ` V� � J TOTAL 150 �9 I, the undersigned,•hereby certify that, to the best of my knowledge, the services or articles f> specified above have been performed or delivered where authorized, are hereby contracted for and that there is a Budget Appropriation for fie me. l� /7.A7_ 9 . C148143 Dated: ct'� Department•Head or Authorized Deputy Dept. & Sub. Project Sub. Obj. Invoice No. Invoice Date Encumbrance Gross Amount Discount Planni'tc Deparlment SEP 2 or rove€e,Califor iia Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. Butte County Purchasing JUL 3105 Oroviile, California 1 _ " ` ~ COUNTY'OF. TE _ IWILD OROVILLE CALIFORNIA . O r PURCHASE ORDER C148143 V F— Paradise Post • EDrawer 1$ 70 N Issued By Planning D /Attn: Nicole Department 0 Paradise, CA 95969 R L DATE QUAN. INVOICE NO. AND DESCRIPTION AMOUNT CHARGE TO W.O. # 7/17/9i PUBLILC HEARING NOTICE 480r-001-37 To be published in the Paradise Post on Thursday, July 20, 1995. Please furnish this office with two affidavit of publications (Lynch 9 -,-A9) i Butte County Planning 7 County Center Drive Oroville CA 95965 538-7602 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. C 14814 3 �j 14 Dated: 7- A�- q.� �,t_� � � Department Head or Authorised Deputy Dept. & Sub. Project Sub. Obj. Invoice No. Invoice Date Encumbrance Gross Amount Discount Submit WHITE, CANARY and PINK to PURCHASING with vendor's invoice. Retain GOLDENROD. PARADISE POST 5399 CLARK RD., P.O. DRAWER 70 PARADISE,CA 95967 (916] 877-4413 STATEMENT July 20, 1995 • Butte County Planning 7 County Center Drive Oroville, CA. 95969 Notice of Public Hearing - Butte County Planning Commission David Lynch - Use Permit' 305-95 • 07/20/95 Legal Notice as above - 10.5" at $4.60 per column inch $ 48.30 DUE AND PAYABLE UPON RECEIPT Return 1 copy with payment �� I BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is Hereby given by theButteCounty Plan ning�Commissioh-that pub-- lic hearings will be held on.Thursday,August 10, 1995,in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive;Oroville;California, regarding the following item at the'follow- ing time; " ITEM.ON WHICH A NEGATIVE DECLARATION WITH.MITIGATION MEASURES-REGARDING-ENVIRONMENTAL IMPACTS 4j—f VVUUJa*w..J I HAS•BEEN-RECOMMENDED— 'c..,— 9:00 a.m.- David Lynch Use Permit to allow a wood lot for com- , m- e firewood processing and storage on property 'I zoned TM-5(Timber Mountain-5 acre parcels)located on the west side of Do lane,approximately 500 feet south of Rambling Way at 15305 Doe Lane, identified as AP 065-070-024,Magalia.(SL)(95-139) The above mentioned applications, Negative Declarations, and maps are on file and available for public viewing-at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising , only those issues you or.someone else raised at the public hearing described in this notice or in written correspondence delivered to,the Planning Commission,at oir prior to,the public hearing. BUTTE COUNTY PLANNING COMMISSION_ BARRY K. HOGAN, PLANNING MANAGER July 20, 1995 305-95 Cd Cd >~ A I ca `d -6 Ce 9L4 ani A, � p N ON�--� Z 3 3 4, f� o ai o OC913ami Y p, a`"i �, ami Pa N m A Cd o °' b Cdami `� f� i rl V 3 bq 4V a � r. b `4-4CA M (VO ed Cd Cd C4 O ' No o O U 3 16 03 0 � Q W10. vN p O O cO 0 U rA o P.� d No U Cd � a o a� Q, m a� b 0 .. 6 O (0 o .1 � � 'b ti V 4U, o � yCd Ct A i a a3i O b a� ami r- o 03 r+ U cd v, N • � U A 3 0 s0 Cd Cd ,. .. _ . . ._ d. S:. �' 1 I��:, y,. 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Itimam -s Date 11/07/95 Development Services DeparAnt Time 3:12 pm Applicant Billing Worksheet Page 1 95-139 UP * David Lynch 7500 Skyway Paradise, CA 95969 In reference to : Use Permit, AP# 065-070-024 Rounding : None Full Precision : No Last bill / / Last aging Last charge 08/10/95 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 02/27/95 Larry / P 1.50 88.50 #4978 Processing 59.00 03/06/95 Paula A. / C 1.50 51.00 #4994 Clerical 34.00 03/13/95 Paula L. / P 0.25 14.75 #5134 Processing 59.00 03/13/95 Paula L. , / P 0.25 14.75 #5360 Processing 59.00 05/0.1/95 Luke / P 3.00 177.00 #5528 Processing 59.00 05/08/95 Luke / P 4.00 236.00 #5570 Processing 59.00 x05/15/95 Luke / P 1.00 59.00 #5630 Processing 59.00 a 06/12/95 Craig / P 1.00 59.00 #6042 Processing 59.00 06/26/95 Craig / P 0.50 29.50 #6052 Processing 59.00 07/03/95 Luke / P 1.00 59.00 #6141 Processing 59.00 07/03/95 Lynn / C 2.00 90.00 #6155 Clerical 45.00 07/17/95 Lynn / C 1.50 67.50 #6277 Clerical 45.00 � Date 11/07/95 Development Services Departmer nt Time 3:12 pm Applicant Billing Worksheet Page 2 95-139 UP * :David Lynch (continued) Date/Slip# Description HOURS/RATE AMOUNT TOTAL 07/17/95 Larry / P 2.00 118.00 #6291 Processing 59.00 07/31/95 Lynn / C 1.50 67.50 #6401 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 21.00 $1, 131.50 Date/Slip# Description OTYZPRICE 07/20/95 Linda/ $P 1 48.30 #6235 Publish Legal Notice in Paradise 48.30 Post TOTAL BILLABLE COSTS $48.30 TOTAL NEW CHARGES $1, 179.80 PAYMENTS/REFUNDS/CREDITS 02/27/95 Deposit - Receipt #14686 (1,000.00) 10/04/95 Deposit thru Central Collections ( 179.80) TOTAL PAYMENTS/REFUNDS/CREDITS ($1, 179.80) NEW BALANCE I TOTAL NEW BALANCE $0.00 INTER-DEPARTMENTAL MEMORANDUM TO: Christine Bell, Chief Collection Officer FROM: Jill Broderson, Development Services SUBJECT: COLLECTION REQUEST DATE: September 18, 1995 Mr. David Lynch applied for a Use Permit on approximately February 27, 1995. Mr. L nch's request was denied by the Planning Commission on August 10, 1995. The costs for the request exceeded his deposit of $1000.00 by $179.80. A letter dated September 5, 1995, and an itemized bill, (see attached) was mailed to Mr. Lynch requesting that the $179.80 be submitted within thirty days. As of this date, the exceeded amount has not been received. Therefore, we are requesting your services. Applicant: David Lynch Address: 7500 Skyway kY Y Paradise, CA 95969 Telephone: 872-9663 Request: Use Permit to allow a wood lot for commercial firewood processing and storage on property located at 15305 Doe Lane, Magalia, CA. File No. 95-139, AP#065-070-024 Amount Owed: $179.80 Fund: 10 . Revenue: 4210900 If or when you receive the past due amount, please notify me. Should you have any questions or need additional information, please call me. My extension is 6869. Thank you! 0 Butte County 0 Department of Development Services 0 Director's Office ■ LAND OF NAT URAL NA' EAITH AND BE ,4UT '! PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538.7601 FAX: (916)538.7785 September 5, 1995 David Lynch 7500 Skyway Paradise, CA 95969 RE: USE PERMIT,.AP#065-070-024 File No. 95-139 Dear. Mr. Lynch: The total cost for the processing of the above-referenced application which was denied by the Planning Commission on August 10, 1995, is $1,179.80. As of February 27, 1995, a deposit was made in the amount of $1,000.00. The costs exceeded the deposit by $179.80, (refer to enclosed billing). Please make a check payable to the Butte County Treasurer.in the amount of $179.80 and remit it to the Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. . Should you have any questions, please contact this office Monday thru Thursday, 8:00 a.m. to 4:00 p.m., at 538-7601. Very truly yours, barryHoMn er BKH:jb Enclosure Date 08/30/95 tevelopment Services Depareent Time 4:41 pm Applicant Billing Worksheet Page 1 95-139 IIP David Lynch 7500 Skyway Paradise, CA 95969 In reference to : Use Permit, API 065-070-024 Rounding : None Full Precision : No Last bill / / Last aging Last charge 08/10/95 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 02/27/95 Larry / P 1.50 88.50 14978 Processing 59.00 03/06/95 Paula A. / C 1.50 51.00 #4994 Clerical 34.00 03/13/95 Paula L. / P 0.25 14.75 #5134 . Processing 59.00 03/13/95 .Paula- L. / P 0.25 14.75 #5360 Processing 59.00 05/01/95 . Luke / P 3.00 177.00 #5528 Processing 59.00 .05/08/95 Luke / P 4.00 236.00 #5570 Processing 59.00 05/15/95 Luke / P 1.00 59.00 15630 Processing 59.00 06/12/95 Craig / P 1.00 59.00 #6042 Processing 59.00 06/26/95 Craig / P 0.50 29.50 06052 Processing 59.00 07/03/95 Luke / P 1.00 59.00 #6141 Processing 59.00 07/03/95 Lynn / C 2.00 90.00 #6155 Clerical 45.00 07/17/95 Lynn / C 1.50 67.50 #6277 Clerical 45.00 Date 08/30/95 tevelopment Services DepaAent Time 4:41 pm Applicant Billing Worksheet Page 2 95-139 IIP :David Lynch (continued) Date_fSlip# Description HOURS/RATE AMOUNT TOTAL 07/17/95 Larry / P 2.00 118.00 #6291 Processing 59.00 07/31/95 Lynn / C 1.50 67.50 #6401 Clerical 45.00 TOTAL BILLABLE TIME CHARGES 21.00 $1, 131.50 Date/Slip# Description QTY/PRICE 07/20/95 Linda / $P 1 48.30 #6235 Publish Legal Notice in Paradise 48.30 Post TOTAL BILLABLE COSTS $48.30 TOTAL NEW CHARGES $1,179.80 PAYMENTS/REFUNDS/CREDITS 02/27/95 Deposit - Receipt #14686 .(11000.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($1,000.00) NEW BALANCE New Current period 179.80 TOTAL NEW BALANCE $179.80 suite Count 'fir^ LAND OF NAT URAL W E A L T y AiNID BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916) 538-7785 August 10, 1995 David Lynch 7500 Skyway Paradise, CA 95969 Re: Use Permit, AP 065-070-024, 95-139 Dear Mr. Lynch:. The Butte County Planning Commission held a meeting on August 10, 1995, regarding your request for a Use Permit to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 located at 15305 Doe Lane, Magalia, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $250.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10-day appeal period which is at 5:00 p.m., Monday, August 21, 1995. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours,, B rry tHogein a nr BKH:lr suite county LA �! D O - NATU, RA ! VerEALTH AN1D BEAU T ' PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 July 18, 1995 David Lynch 7500 Skyway Paradise, CA 95969 Re: Use Permit, AP 065-070-024, 95-139 Dear Mr. Lynch: Enclosed is a copy of the Staff Findings concerning your application for a Use Permit to allow a wood lot for commercial firewood processing and storage on 1.5 acres zoned TM- 5 located at 15305 Doe Lane, Magalia. A public hearing has been set for August 10, 1995 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. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager Stephen Lucas Associate Planner SL:Ir Enc. • AGENDA ITEM AGENDA REPORT TO: , Honorable Chair and Planning Co ssion FROM: Barry K Hogan, Planning Manage BY: Stephen Lucas, Planner DATE: June 12, 1995 REQUEST: Use Permit for David Lynch (applicant) & Bernetta Dimbat (owner) on APN 065-070-024: A request for a Use Permit to allow a wood lot for commercial firewood processing and storage on 1.5 acres of land zoned TM-5 (Timber Mountain-5 ac. min.) located on the west side of Doe Lane, approximately 500 ft. south of Rambling Way at 15305 Doe Lane in the Magalia area. RELATED ITEMS: None FOR: Planning Conwdssion Meeting of August 10, 1995 ABSTRACT: This application for a Ilse Permit is to allow a commercial wood processing lot The proposed use is conditionally consistent with the TM-5 zoning and is a secondary use in the Agricultural Residential General Plan designation. Staff recommends approval with conditions and findings contained in this report. PROJECT CHARACTERISTICS: David Lynch is asking for a Use Permit to allow a wood lot for commercial firewood processing and storage. The primary request is to bring trees salvaged from valley orchards, that have been previously cut and split into firewood, to the property to be stacked and dried for future off-site sales. The applicant will not use trees cut from this property or other woodlands, the proposed use is not a commercial tree harvest operation. In conjunction with this use, the applicant anticipates the need to cut and split a pre-determined amount of wood that is a by-product of his tree removal service which includes pruning,clearing dead timber, and removing nuisance trees. Secondarily, an enclosed shed of approximately 1600 sq. ft is proposed for cutting strips of molding wood for kindling bundles and for equipment-storage. The molding strips are scrap pieces obtained from local manufacturers. The operation will utilize two large dump trucks (2 ton capacity) and pick-up trucks (under 1 ton) for wood hauling. The applicant proposes to utilize a 1.5 acre parcel located at 15305 Doe Lane in Magalia. The parcel is presently used as a residential homesite and is in the TM-5 (Timber Mountain-5 acre min.) zone with a General Plan designation of Agricultural Residential. The site is also located within the Paradise Watershed Protection Zone. Access to the parcel is from Doe Lane via Rambling Way and Skyway. The parcel is located in a primarily rural mountainous setting with residential uses on lots varying between 1 and 40 acres. The area is heavily timbered with some logging taking place periodically. The parcel is basically level and has been cleared of trees on some portions. The parcel is served by an individual well and septic system. ■ Butte County Department of Development Services - Planning Division ■ AGENDA ITEM ANALYSIS: The proposed use has a number of issues and concerns that must be addressed in order to accurately assess the project. These issues/concerns are land use, aesthetics (noise and visual), infrastructure (roads/traffic), and environmental protection. Land Use The project site is zoned TM-5 (Timber Mountain-5 ac.min.),which allows commercial wood processing plants as conditional uses. The site is designated by the Butte County General Plan as Agricultural Residential which establishes forestry related activities as a Secondary Use. The project substantially conforms to both the general plan and zoning. Although the site is located in an area of scattered residential uses on large lots, the historical use of lands zoned timber mountain has been for forest management and the production of timber related products. This application presents a conflict between rural residential interests and the continued viability of timber lands and the associated uses. The potential conflicts for this project have been thoroughly addressed, and both mitigation measures and conditions have been developed to minimize the impacts presented by the project. The conditions include limiting the hours of operation to 9:00 am. to 5:00 p.m. Monday through Friday, limiting the amount of traffic, and on-site maintenance standards. Noise concerns The proposal may result in a substantial increase in noise created on-site or in the vicinity as a result of the use of power equipment such as chainsaws, woodsplitters, and table saws. It is anticipated that the proposed wood lot will generate single event noise levels in the 60dB to 90dB range that would impact the surrounding parcels. Although the use of wood cutting tools, lawn mowers, and other gas powered equipment is customary in the rural mountain areas, the repetitive use of these types of equipment by the applicant would create more frequent noise than incidental or accessory use of such equipment by homeowners., In order to reduce this impact to a level more customary in this area, the applicant will be restricted to using noise generating equipment that exceeds 60 dB when measured at property lines to only 2 hours in any one day with a maximum of 3 hours per week and between the hours of 12 noon and 5:00 p.m. Monday through Friday. Visual concerns Considering the project site is located in an area of residential uses and comments have been received from neighbors concerning the visual impact the project may have,several conditions/mitigation measures have been developed to address this issue. The screening of the project site will be accomplished by requiring a 6 ft. high sight obscuring fence to be erected along all property boundaries adjoining a residential use. The applicant will also be required to contain all power equipment, tools, and other related items in an enclosed structure when not in use. The structure will be required to be setback a minimum of 30 ft. from the property lines. To avoid an unsightly accumulation of timber/wood on the property, no logs shall be delivered to the site in excess of 4 ft. in length and all uncut logs shall be cut and stacked within 72 hours of unloading. ! Butte County Department of Development Services - Planning Division ■ Road and Traffic impa• The proposal may result in impacts to Doe Lane, Rambling Way and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood. The concern is for both traffic safety and road maintenance impacts. The primary issue is heavy trucks carrying firewood on the dirt/gravel roads during inclement weather, which may result in large ruts and the increased formation of potholes and other road hazards. The use of large trucks also creates a traffic issue dealing with road width, dust creation, and the frequency of use. The number and type of truck trips per day will be limited in both size(loads under two tons and no tractor-trailers) and frequency (two trips per day)which will drastically reduce the potential for dry road damage and safety concerns. However, significant damage to a wet or muddy road can occur with only a few truck trips. To mitigate this potential wet road damage, the use of large trucks will be restricted during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. The Department of Public Works will require the applicant as a condition of project approval to provide a S-18 public road approach at the intersection of Rambling Way and Skyway which will include realigning the intersection and paving the access area. Rambling Way and Doe Lane are presently maintained private roads that must meet the minimum County road standard of RS-8, LD1 requiring that the road be a 20 ft. wide, two-way traversable road that can be utilized by a two-wheel drive vehicle. The Department of Public Works has indicated that this use is not expected to significantly impact this standard. Doe Lane is under a road maintenance agreement signed by parcel owners served by the road. The applicant, as a property owner, will be required to participate in this agreement. The proposal will also represent an incremental increase in traffic in the area due to regular business activities.The proposed project will generate approximately 6 vehicle trips per day by employee vehicles and an additional 4 vehicle trips per day as a result of business activities on-site. The project is conditioned to restrict the number of employees to three (3) and disallow any on-site retail sales of firewood or related materials. These restrictions will eliminate any substantial increases in traffic that might be generated by the use. . Fire concerns The site is located in a rural high fire hazard area as designated by the Butte County Fire Department and the California Department of Forestry and has the potential of creating an additional demand for fire protection services due to the use of gas powered equipment and the storage of large quantities wood products. As conditions of project approval, the fire department will require the applicant to clear a 30 ft. driveable setback along all property lines, store and maintain fire fighting tools including shovels and fire extinquishers, and put all wood in stacks not to exceed 12'x12'wide and 5' high. There must be a 10' space between the piles and they cannot be any closer than 30 ft. to the propane tank nor within 80 ft. of the residential dwelling. Additionally, as mitigation measures to reduce fire hazard danger, all wood chips, sawdust, and other waste products accumulated on-site shall be contained in an enclosed, fire safe area(as determined by the Fire Department) and removed from the property on a weekly basis or when the enclosure is full and fuel storage on-site shall not exceed 20 gallons. ■ Bwte County Depart»ient of Development Services- Planning Division ■ 3 Environmental concerns The project site is located within the Paradise Lake Watershed Protection Zone which stipulates that no development shall have an adverse effect on water quality within the watershed.This proposal will result in some disruption of the site as a result of the development of improvements related to the proposed use, however, the majority of the activity requested will involve cutting and stacking firewood outdoors on the ground which will not involve any permanent overcovering of the soil that may lead to excessive drainage or erosion that has the potential to degrade the water quality within the Watershed Protection area Some stormwater contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants may result from development of the property for residential use, however, this is completely unrelated to the proposed use of the property for a wood lot. The proposal will not substantially affect air quality because emissions from the increase in the number of vehicle trips is not anticipated to be significant nor will the cutting, splitting, or stacking of wood generate any substantial air quality impacts. The access road to the project site is an unpaved road and the potential for increased dust being generated exists. However, the proposed use will be controlled by conditions imposed on the project that will limit the number of truck trips to two per day which will not create a substantial dust problem. Additionally, the applicant may employ three employees on an as needed basis, at maximum use, the employees could generate an additional six trips per day. Incidental emissions will also result from the use of gas powered equipment, however, the use of such equipment will be limited to a maximum of two hours per day which will not create substantial air quality changes. Other concerns The Environmental Health Division has responded with comments relating to the protection of the existing septic system from the operation of heavy trucks that might cause underground system damage. Additionally, the applicant will be required to submit a business plan to the EHD if any flammable or hazardous materials are to be stored on-site. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon the a review of the Initial Study, staff has determined that the project impacts can be fully mitigated with the addition of mitigation measures added as conditions of approval for the project PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing occurred in the Paradise Post Public notices were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received numerous public comments from surrounding property owners who are not in support of this project Primarily the comments object to a commercial use in their residential neighborhood that has the potential to cause a variety of impacts, both real and perceived. These concerns were addressed in this report and while the impacts are apparent, they are also fully mitigable with the inclusion of the conditions enclosed in this report. ■ Buue County Department of Development Services - Planning Division RECOMMENDATION: Staff recommends that the Planning Commission approve the application for David Lynch on APN 065-070-024, subject to the following findings and conditions in the attached Exhibit "A". Attachments: A. Project and Surrounding Area, B: Vicinity Map. C: Site Plan D. Environmental Documentation ■ -Butte County Department of Development Services - Planning Division ■ EXHIBIT "A" USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 95-139 PERMIT NO. AP 065-070-014 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Lynch is hereby granted a Use Permit in accordance with application filed: 2/27/95 to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 located at 15305 Doe Lane, Magalia. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish'the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Section 1: Environmental Findings. A. An Initial Study was completed in compliance with the California Environmental Quality Act identifying potentially significant environmental effects that the project may have. Provisions and the design of the project and the conditions added to the project will mitigate such effects to a level of insignificance; and B. The Planning Commission has independently reviewed, analyzed, and considered the proposed Negative Declaration with mitigation measures prior to making its decision on ■ .Butte County Department of Development Services- Planning Division ■ 6 the project, and the Negative Declaration reflects the independent judgement of the Butte County; and Section 2: Zoning Ordinance Findings. A. The proposed use of the property will not impair the integrity and character of the zone in which the land lies in that the TM-5 Zoning allows commercial wood lots as conditional uses and the TM zones are designed for the use and protection of timber lands; and B. The proposed use would not be unreasonably incompatible with or injurious to surrounding properties in that the project is conditioned to reduce associated impacts to a level of insignificance that are similar to existing conditions in the area; and C. The proposed use of the property would not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the residents of the County in that the proposed use.will be conditioned to reduce associated impacts to a level of insignificance. Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 of this Permit and the conditions below, a Negative Declaration with mitigation measures is hereby adopted and the Use Permit approved for David Lynch on APN 065-070-024 to allow a commercial wood lot on property zoned TM-5 located on the west side of Doe Lane in the Magalia area. B. Minor changes may be approved administratively by the Director of Development Services or designee upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions: 1. The use of equipment that generates noise in excess of 50 dB at property lines shall be restricted to three (3) hours per week with a maximum use of two (2) hours in any one (1) day and between the hours of 12:00 noon and 5:OOp.m. Monday through Friday. MM 2. On-site fuel storage shall not exceed 20 gallons of fuel. MM 3. On-site retail sales of firewood or related products are prohibited. MM 4. The operation shall limited to two (2) light (under two ton capacity) truck trips per day and the use of tractor-trailer trucks is prohibited entirely. MM ■ Butte County Department of Development-Services - Planning Division. ■ __ 7 5. All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area (as determined. by the fire department) and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. MM 6. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. MM 7. All power equipment, tools, and other related items shall be contained in an enclosed structure when not in use and a 6 ft. high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. MM 8. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. MM 9. Operation of commercial wood processing business on-site is limited to a maximum of three (3) employees. 10. Wood splitting on property shall not exceed 40 chord per year. 11. Hours of all business operations shall be restricted to 9:00 a.m. to 5:00 p.m. Monday through Friday. 12. No logs shall be delivered to the property in excess of 4 ft. long. 13. No logging of property shall be permitted except for the clearing of diseased trees or what is necessary for fire hazard reduction purposes. 14. Provide an all weather driveable 30 ft.-cleared area around the property boundary. This includes structures, impediments and all flammable vegetation. 15. Stacks of wood are not to exceed 12' x 12' wide and five (5) ft. high. There must be a ten (10) ft. space between the piles and they cannot be any closer to the propane tank than 30 ft. nor within 80 ft. of the mobile home. 16. Fire fighting tools such as shovels and fireextinguishers are required to be on-site and readily available in case of an emergency. 17. All wood processing operations shall not encroach onto the existing septic system. 18. If any flammable or hazardous materials are to be stored on-site a business plan shall be submitted to the EHD and all requirements shall be met. 19. Provide an S-18 public road approach at the intersection of Skyway and Rambling Way. ■ Butte County Department of Development Services - Planning Division ■ _ __ 8 Minor changes may be approved administratively by the Director of Development Services upon receipt of a substantiated written request by the applicant. Prior to such approval, verification . shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry k:\pereport\lynch.stf _ - _ ■ Butte Coiuq Department of Development Services -Planning Division ■ 9 • Use Permit: David Lynch,#95-139 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: David Lynch-Use Permit B. Project No. (If applicable) and AP No.: 95-139, APN 065-070-024 C. Address of Applicant and Representative (if applicable): 7500 Skyway, Paradise, CA 95969 D. Project Description and Location: This application is for a Use Permit to allow a wood lot for commercial firewood processing and storage. The applicants primary proposal is to bring previously cut and split firewood to the property to be stacked and dried for future off-site sales. In conjunction with this use,the applicant anticipates the need to cut and split a predetermined amount of wood that is a by-product of his tree removal service. Secondarily,an approximately 1600 sq. ft. enclosed shed is proposed for cutting strips of wood for kindling bundles and for equipment storage.The applicant proposes to utilize a 1.5 acre parcel located at 15305 Doe Lane in Magalia. The parcel is presently used as a residential homesite and is in the TM-5 (Timber Mountain-5 acre min.)zone with a General Plan designation of Agricultural Residential. The site is also located within the Paradise Watershed Protection Zone. Access to the parcel is from Doe Lane via Rambling Way and Skyway. The parcel is located in a primarily rural mountainous setting with residential uses on lots varying between 1 and 40 acres. The area is heavily timbered with some logging taking place periodically. The parcel is basically level and has been cleared of trees on some portions.Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? Yes No X Maybe _ Response: The proposal for a wood lot will not affect subsurface earth conditions. Mitigation: None required. b. Disruptions,displacements, compaction or overcovering of the soil? Yes No X Maybe Response: This proposal will result in some disruption,displacement,compaction and overcovering of the site as a result of the development of structures, driveways, parking areas, and other incidental improvements related to the proposed use. The majority of the activity requested will involve stacking firewood outdoors on the ground which will not involve any permanent overcovering of the soil. Parking areas and driveways are proposed to be gravel which will have an insignificant, non-permanent impact on the soils. The applicant proposes an approximately 1600 sq.ft.shed that will cause some permanent overcovering of the earth, but on a 1.5 acre parcel this amount of surface (2%) is not considered significant. Additionally, the project site characterized by relatively level terrain which will not require any significant grading to accommodate the proposed use. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes _ No X Maybe # Butte County Development Services Department # Planning Division # 1 ' Use Permit: David Lynch,#95-139 Response: The proposal will not significantly affect topography or ground relief features because the property is nearly level and no significant grading or earth alteration is anticipated or proposed. Mitigation: None required. d. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response: The site has no unique geologic or physical features that will be impacted by this use. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,either on or off-site? Yes No X Maybe Response: The proposal for a wood processing lot will not cause substantial erosion of the soils because the lot is nearly level and no significant alterations to the topography or disruptions of the soil are anticipated. The proposed 1600 sq.ft. building will create an impervious surface that will generate additional run-off, however, the building only represents 2%of the building lot area which is not significant. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe Response: The project site is not adjacent to any watercourses. Since development activity will not encroach into the drainage system and no significant runoff is expected, no change in deposition or erosion of any stream channel is expected to occur. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site is characterized by Aiken clay gravelly soils that are not prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No X Maybe _ Response: All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The subject property is not located near any known fault zones as depicted on County seismic safety maps. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mitigation: None required. 2.Air. Will the proposal result in: . a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Response: The proposal will not substantially affect air quality because emissions from the increase in the number of vehicle trips is not anticipated to be significant nor will the cutting, splitting, or stacking of wood generate any substantial air quality impacts. The access road to the project site is an unpaved road and the potential for increased dust being generated exists. However,the proposed use will be controlled by conditions imposed on the project that will limit the number of truck trips to two per day which will not create a substantial dust problem.Additionally,the applicant may employ three employees on an as needed basis,at maximum use, the employees could generate an additional six trips per day. Incidental emissions will also result from the use of gas powered equipment,however,the use of such equipment will be limited to a maximum of two hours per day which will not create substantial air quality changes. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe # Butte County Development Services Department # Planning Division # 2 Use Permit: David Lynch,#95-139 Response: The proposal for a wood lot may create some objectionable odors or fumes as a result of the use of gas powered equipment. As discussed in Section 2a above,this is not expected to be a substantial impact because the hours of equipment operation will be limited to a maximum of 2 hours a day or 3 hours a week. Mitigation: None required. c. Alteration of air movement, moisture,temperature, or any change in climate,whether locally or regionally? Yes No X Maybe Response: The proposal for a wood lot will not affect the local or regional climate. Mitigation: None required. 3.Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements,in fresh waters? Yes No X Maybe Response: The proposal will not affect any watercourse or the direction and movement of any such watercourses because no watercourses are located on or adjacent to the project site. Mitigation: None required. b. Substantial changes in absorption rates,drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: This project will not affect drainage patterns or other water related characteristics of the land because the amount of additional impervious surfacing proposed for this project site is incremental in the form of an approximately 1600 sq.ft.building,or approximately 2%of the property. The applicant proposes no other impervious surfaces related to this project. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: No off-site surface drainage improvements are needed because the project is not expected to create any substantial drainage/run-off. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The proposal will not significantly affect any flood control channels or watercourses because neither the proposed use or any drainage created as a result of the project will significant in relation to flood control. Mitigation: None required. e. Discharge into surface waters,or in any alteration or surface water quality, including, but not limited to,temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: The proposal will neither discharge pollutants into any surface water body nor alter any water body that could result in an impact to water quality. The project site is located within the Paradise Lake Watershed Protection Zone which stipulates that no development shall have an adverse effect on water quality within the watershed. The proposed use,as discussed in Sections 3a,b,c,d,will not create any excessive or newly created drainage that may have the potential to degrade the water quality within the Watershed Protection area. Some stormwater contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants may result from development of the property for residential use,however,this completely unrelated to the proposed use of the property for a wood lot. Mitigation: None required. f. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe # Butte County Development Services Department # Planning Division # 3 • Use Permit: David Lynch,#95-139 Response: The proposal will not affect the direction or flow of ground waters because the project does not involve the use groundwater. Mitigation: None required. g. Change in the quantity of ground waters, either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See Section 3f. Mitigation: None required. h. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval. Mitigation: None required. i. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe Response: The project site is not in a flood zone so the proposal will not expose people or property to flooding. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants(including trees,shrubs,grass, crops and aquatic plants)? Yes No X Maybe Response: This proposal may introduce new species of plants into the area in the form of landscaping,but the project atter the overall diversity of species in the area or disturb any critical plant habitat. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The area proposed for this project does not contain any unique, rare or endangered plant species. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes X No Maybe Response: See response in 4a. Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? Yes No X Maybe Response: The project site does not contain any agricultural crops. Mitigation: None required. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The proposal will not result in a substantial change in animal habitat or loss of species because the project site and surrounding area is presently developed with residential uses resulting in cleared parcels and human encroachment/activity. Mitigation: None required. # Butte County Development Services Department # Planning Division # 4 Use Permit: David Lynch,#95-139 b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: See response in Section 5a. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This proposal will not involve the introduction of new species into the area or create a barrier to migration. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No X Maybe Response: See response in Section 5a. Mitigation: None required. 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No Maybe X Response: The proposal may result in a substantial increase in noise created on-site or in the vicinity as a result of the use of power equipment such as chainsaws, woodsplitters, and table saws. The area is primarily in residential use and current noise levels(45-60dB)are appropriate to the use. It is anticipated that the proposed wood lot will generate single event noise levels in the 60dB to 90dB range that would impact the surrounding parcels. Although the use of wood cutting tools,lawnmowers,and other gas powered equipment is customary in the rural mountain areas,the repetitive use of these types of equipment by the applicant would create more frequent noise than incidental or accessory use of such equipment by homeowners. In order to reduce this impact to a level more customary in this area,the applicant will be restricted to using noise generating equipment that exceeds 60 dB at property lines to only 2 hours a day or a maximum of 3 hours per week and between the hours of 12 noon and 5:00 p.m. Mitigation: The use of equipment that generates noise in excess of 60 dB at property lines shall be restricted to three(3) hours per week with a maximum use of two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m. Monday through Friday. b. Exposure of people to severe noise levels? Yes No Maybe X Response: See response in Section 6a. Mitigation: See mitigation in Section 6a. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe Response: The project is not expected to create any substantial increase in light or glare created on site or in the vicinity because no outdoor lighting is proposed and all work is restricted to daylight hours. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The project site is zoned TM-5 (Timber Mountain-5 ac. min.), which allows commercial wood processing plants as a conditional use. The site is designated by the Butte County General Plan as Agricultural Residential which establishes forestry related activities as a Secondary Use. Although the site is located in an area of scattered residential uses, the primary use of timber mountain lands is for the production of timber related products. The project conforms to both the general plan and zoning. Mitigation: None required. # Butte County Development Services Department # Planning Division # 5 • f Use Permit: David Lynch,#95-139 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The proposal will not substantially affect any natural resources because the trees primarily utilized for this commercial wood lot will not be cut from this property or other woodlands,but rather will be salvaged from valley orchards and other tree service activities including pruning, clearing dead timber,and removing nuisance trees. The proposed use is not a commercial tree harvest operation. . Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: The proposal for a wood lot will not deplete any non-renewable natural resources for reasons discussed in Section 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including, but not limited to, oil, pesticides,chemicals or radiation) in the event of an accident or upset conditions? Yes No Maybe X Response: The proposal will utilize gas powered equipment that will require on-site storage of gasoline, however,the amount of gasoline expected to be utilized is small(under 20 gallons).This amount of fuel is not expected to represent a significant health or safety hazard, however, limiting the amount of on-site fuel storage to 20 gallons is a reasonable restriction considering the site is located in a high fire hazard area as designated by the Butte County Fire Department and California Department of Forestry, is in the Paradise Lake Watershed Protection Zone, and is in close proximity to residential dwellings in the event of an accident. Established regulations by the Butte County Environmental Health Division (EHD) require a business plan to be filed with the EHD if future storage of fuels is anticipated to exceed 50 gallons.The EHD permit also has the added benefit of controlling potentially flammable materials in an area designated as being in a high fire hazard area The project site is not located close to any facilities which store or utilize hazardous materials. Mitigation: On-site fuel storage shall not exceed 20 gallons of fuel. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: The proposal will not significantly affect any emergency services because the use will not involve large amounts of traffic or any other hindrance to emergency response plans. Mitigation: None required. 11. Population. Will the proposal alter the location,distribution,density,or growth rate of the human population of an area? Yes No X Maybe Response: As a commercial venture,this project will have no affect on the local population density. Mitigation: None required. 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect housing demand. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No Maybe X # Butte County Development Services Department # Planning Division # 6 • _ Use Permit: David Lynch,#95-139 Response: The proposal will represent an incremental increase in traffic in the area due to regular business activities. The proposed project will generate approximately 6 vehicle trips per day by employee vehicles and an additional 4 vehicle trips per day as a result of business activities on-site. The project is located in a primarily residential area and will be restricted from conducting any on-site sales of firewood or related materials. This restriction will eliminate any substantial increases in traffic that might be generated by the use. Mitigation: On-site retail sales of firewood or related products are prohibited. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal will create an incremental demand for new parking or other parking related improvements on-site to accommodate employee vehicles. However,the project will be required to meet the parking standards established in the Butte County Zoning Code that requires 1 space for each 3 employees. There is currently adequate space available to meet all the parking requirements. Mitigation: None required. c. Substantial impact upon existing transportation systems, including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because neither the number of employees or the number of vehicle trips is significant. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: The proposal will not alter the present pattern of circulation in the area for the reasons discussed in Section 13c. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect rail or air traffic because these forms of transportation will not be utilized. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No Maybe X Response: This project will result in an incremental increase in vehicular traffic,which at the projects maximum use will generate approximately 10 to 12 trips per day. However,the use of large trucks does represent a minor hazard on roads that are narrow at spots and poorly maintained. To reduce this impact the applicant will be restricted to only two (2)truck trips per day to and from the site and the use of tractor trailer trucks will be prohibited entirely. Mitigation: The operation shall limited to two (2) light(under two ton capacity)truck trips per day and the use of tractor- trailer trucks is prohibited entirely. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in a rural high fire hazard area as designated by the Butte County Fire Department and the California Department of Forestry and has the potential of creating an additional demand for fire protection services due to the use of gas powered equipment and the storage of large quantities wood products. As conditions of project approval, the fire department will require the applicant to clear a 30 ft. driveable setback along all property lines, store and maintain fire fighting tools including shovels and fire # Butte County Development Services Department # Planning Division # 7 Use Permit: David Lynch,#95-139 extinquishers,and stack all wood in stacks not to exceed 12'x12'wide and 5' high. There must be a 10'space between the piles and they cannot be any closer than 30 ft.to the propane tank nor within 80 ft.of the residential dwelling. Additionally,as a mitigation measure to reduce fire hazard danger,all woodchips,sawdust,and other waste products accumulated on-site shall be contained in an enclosed,fire safe area(as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. Mitigation: All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area (as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. b. Police protection? Yes No X Maybe Response: The proposal for a wood lot will not result in an increased demand for police protection in the area. Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect any school facilities. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase to demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No Maybe X Response: The proposal for a commercial wood lot may result in an increase in the need for maintenance of Doe Lane, Rambling Way and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood.The primary concern arises when these heavy trucks carrying firewood use the dirt/gravel roads during inclement weather which may result in large nits and the increased formation of potholes and other road hazards. As previously discussed in Section 13f of this document,the number of truck trips per day will be limited in both size and frequency which will drastically reduce the potential for dry road damage.However, significant damage to a wet or muddy road can occur with only a few truck trips. To mitigate this potential wet road damage the use of large trucks will restricted to periods of dry weather when the road is not wet or muddy. The Department of Public Works will require the applicant as a condition of project approval to provide a S-18 public road approach at the intersection of Rambling Way and Skyway which will include realigning the intersection and paving the access area. Rambling Way and Doe Lane are presently roughly maintained private roads that must meet the minimum county road standard of RS-8,LD1 which requires that the road be a 20 ft. wide, two-way traversable road that can be utilized by a two-wheel drive vehicle. The Department of Public Works has indicated that this use is not expected to significantly impact this standard. Doe Lane is under a road maintenance agreement signed by parcel owners served by the road.The applicant,as a property owner,will be required to participate in this agreement. Mitigation: See mitigation in Section 13f. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. f. Other governmental services? Yes No X Maybe Response: The proposal will incrementally increase the demand for all other governmental services in the area. Mitigation: None required. 15. Energy. Will the proposal result in: # Butte County Development Services Department # Planning Division # 8 • Use Permit: David Lynch,#95-139 a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The proposal for a wood lot will not utilize substantial fuel or energy because the small gas powered engines are not expected to consume more than 20 gallons of fuel per month. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The proposal for a small wood lot will not substantially increase the demand for energy. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No X Maybe Response: The proposal will not affect electrical power or natural gas distribution systems because these services are not required by the proposed use. Mitigation: None required. b. Communication systems? Yes No X Maybe Response: The proposal will not affect communication systems because these services exist and are not required by the proposed use. Mitigation: None required. c. Water? Yes No X Maybe Response: The project site utilizes a private well for water use, however,the site is located within the Paradise Lake Watershed Protection Zone. This issue is fully discussed in Section 3e. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require any sewage removal system. However,the existing home on the parcel is served by a septic system that may be impacted by heavy wood trucks. The Environmental Health Division will.require the applicant as a condition of project approval to map the existing septic system and avoid this area when conducting any wood processing of truck delivery. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in Section 3e. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: The proposed wood lot will not affect solid waste disposal because the use will not generate any substantial amounts of solid waste. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal for a wood lot will not create any significant health hazard. # Butte County Development Services Department # Planning Division # 9 • Use Permit: David Lynch,#95-139 Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposal for a wood lot will not expose people to any known health hazard. Mitigation: None required. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No _Maybe X Response: The proposal for a wood lot in a primarily residential area will impact the present view with large stacks of firewood,the storage of wood trucks,use and storage of equipment,and the waste clutter that results from wood cutting. In order to reduce this visual impact the applicant will be required to contain all power equipment,tools,and other related items in an enclosed building and erect a 6 ft.high sight obscuring along all property lines adjoining residential uses. The applicant will also be required to cut and stack all uncut logs delivered to the property within 72 hours,of unloading. Mitigation: All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft.high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not result in an impact on existing recreational opportunities in the area. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No X Maybe Response: The proposal will not affect archeological sites. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building, structure or object? Yes No X Maybe Response: The proposal will not affect historic sites. Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required.) # Butte County Development Services Department # Planning Division # 10 Use Permit: David Lynch,#95-139 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section li of this document,this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term,to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure well into the future.) Yes No X Maybe Response: The project,as discussed in Section 11 of this Initial Study,will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: This proposal will not have a significant cumulative impact on the environment. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No Maybe X Response: As discussed in Section 11, items 6,10,13,14, & 18 of this Initial Study, this proposal may have a significant adverse effect on human beings. However,mitigations and conditions imposed on the project will mitigate any impacts. IV. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD HAVE a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. , I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: June 1, 1995 Prepared by: Ste hen Lucas lanner Reviewed by: aig Sa rs, Senior Planner # Butte County Development Services Department # Planning Division # 11 Use Permit: David Lynch,#95-139 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. The use of equipment that generates noise in excess of 50 dB at property lines shall be restricted to three(3) hours per week with a maximum use of two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m. Monday through Friday. 2. On-site fuel storage shall not exceed 20 gallons of fuel. 3. On-site retail sales of firewood or related products are prohibited. 4. The operation shall limited to two (2) light(under two ton capacity)truck trips per day and the use of tractor-trailer trucks is prohibited entirely. 5. All wood chips,sawdust,and other waste products shall be contained in an enclosed,fire safe area (as determined by the fire department) and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. 6. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. 7. All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft. high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. 8. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. # Butte County Development Services Department # Planning Division # 12 Use Permit: David , L nch #95-139 Lynch, DATA SHEET A. Project Description 1. Type of Project: Use Permit 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Accessory buildings. 4. Access and Nearest Public Road(s): Doe Lane 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines:To property. 8. Potential for further land divisions and development: n/a B. Environmental Setting 1. Terrain a General Topographic Character: Level b. Slopes: 0-5% c. Elevation:2600 feet above sea level. d. Limiting Factors: None 2. Soils a., Types and Characteristics: Aiken Clay loam b. Limiting Factors: None 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone Vlll. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: High e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: None. b. Ground Water: Unknown, potentially limited aquifer. c. Drainage Characteristics: good d. Annual Rainfall (normal): 60 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good 8. Vegetation: Mountain timber,scrub 9. Wildlife Habitat: Rural homesites in mountain timber area, habitat poor 10. Archaeological and Historical Resources in the area: Low Sensitivity area. 11. Butte County General Plan designation: Timber Mountain 12. Existing Zoning: TM-5 13. Existing Land Use on-site: Rural Residential,vacant timber land. 14. Surrounding Area: a. Land Uses: Timber and rural residential. b. Zoning: TM-1,TM-2.5,TM-5 c. Gen. Plan Designation:Timber Mountain d. Parcel Sizes: 1 - 100 15. Character of Site and Area: Rural mountain residential 16. Nearest Urban Area: Paradise 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State) Fire Station: Station number 33 approximately 5 mile away. b. Water Availability: Fire tankers only. 20. Schools: Paradise School District(s). # Butte County Development Services Department # Planning Division # 13 Use Permit: David Lynch,#95-139 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2.Seismic Safely Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1.Safely Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2.Safety Element. Oroville,CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3.Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1,Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville,CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map,Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No.67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Bangor 15 Minute Quadrangle 15. Soil Map. Chico (1925)/Oroville(1926)Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville(1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. # Butte County Development Services Department # Planning Division # 14 . r. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 10, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - David Lynch - Use Permit to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 (Timber Mountain - 5 acre parcels) located on the west side of Doe Lane, approximately 500 feet south of Rambling Way at 15305 Doe Lane, identified as AP 065-070-024, Magalia. (SL) (95-139) The above mentioned applications, Negative Declarations, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUN'T'Y PLANNING COMMISSION BARRY IL HOGAN, PLANNING MANAGER To be published in the Paradise Post on Thursday, July 20, 1995. Butte _11C. . couol/ 0 N A T U R A L !,V C A L 'i H A N C 'B E A U T PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: 1916)538-7785 July 6, 1995 David Lynch 7500 Skyway Paradise, CA 95969 Re: Use Permit, AP 065-070-024, 95-139 Dear Mr. Lynch: The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is being forwarded to you. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review any recommended mitigation measures or conditions of approval. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our.attention. You will be notified of the time and place of the public hearing for your project. If you have any questions regarding environmental review, please contact this office. Very truly yours, Barry K. Hogan Planning Man ger Stephen Lucas Associate Planner SL:lr Enc. Butte ount LAND CF NATURAL \A/ EAL I AI`ID BEAU i PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 May 17, 1995 TELEPHONE: (916)538-7601 FAX: (916)538-7785 David Lynch 7500 Skyway Paradise, CA 95969 RE: Use Permit application for wood processing on APN 065-070-024. Mr. Lynch, Upon further review of your application and the discussion we had on May 11, 1995 with Barry Hogan,staff has developed a tentative set of conditions for your review(attached). We feel that these conditions will effectively mitigate the concerns of both staff and the neighborhood in which you wish to locate. I remind you that these conditions are tentative and are subject to change in response to public comments/objections and the direction of the Planning Commission. If you have any comments concerning these conditions please contact the Planning Division at 538-7601. Sincerely, Stephen Lucas, Associate Planner cc: Barry Hogan File Tentative Conditions of Use Permit for David Lynch on APN 065-070-024. Planning Conditions l! 1 Operation of commercial wood processing business on-site is limited to a maximum of three (3) employees. 2. Wood splitting on property shall not exceed 40 chord per year. 3. / Hours of all business operations shall be restricted to 9:00 a.m.to 5:00 p.m.Monday through Friday. Q(d�J4�'✓ The use of equipment that generates noise in excess of 50 db at property lines shall be restricted to 3 hours per week with a maximum use of two (2) hours per day and between the hours of 12:00 noon to 5:00 p.m. Monday through Friday. E��d1-Lr5D `� The operation shall be limited to two (2) large truck trips per day and the use of tractor trailer trucks shall be prohibited entirely. No logs shall be delivered to the property in excess of 48 inches long. 7. No logging of property shall be permitted except for the clearing of deseased trees or what is necessary for fire hazard reduction purposes. tMA 8�. All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area and �•1 removed from the property on a weekly basis. 17 MMS 9� All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. j►A. 10. ✓ Applicant shall erect a six foot high sight obscuring fence along the north property boundary. 11. The location of all wood and equipment storage buildings shall be a minimum of 30 feet from property lines. Fire Department Conditions WD �I��StrE 12 X> Provide an all weather driveable 30 ft.cleared area around the property boundary. This includes all flammable vegetation. SALES 13)/ Stacks of wood are not to exceed 12 x 12 ft wide and fire (5) ft. high. There must be a ten (10) ft. space MM'S between the piles and they cannot be any closer to the propane tank than 30 ft. nor within 80 ft. of the mobile Qon�S home. �-,-" Fire fighting tools such as shovels and fire extinguishers are required to be on-site and readily available in case of an emergency. Environmental Health Division conditions 15. All wood processing operations shall not encroach onto the existing septic system. auzoA�' 1�NI . 16. Y If any flammable or hazardous materials are to be stored on-site a business plan shall be submitted to the EHD and all requirements shall be met. Public Works conditions 17. Provide an S-18 public road approach at the intersection of Skyway and Rambling Way. X18. Improve Doe Lane to County standards. (Rs 8, LP-Z suite ount L A N D. O F N A T U R A L W E A L T H A I D 3 _ A U T , PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE-CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 - FAX: (916)538.7785 March 7, 1995 David Lynch 7500 Skyway Paradise, CA 95969 Re: Use Permit; AP No. 065-070-024, File No. 95-139 Dear Mr. Lynch: This is to notify you that we have received your application for a Use Permit on property located at 15305 Doe Lane, Magalia, identified as AP# 065-070-024. An Environmental Evaluation of potential environmental consequences anticipated in connection with this project is being completed, by the Butte County Planning Department and will be forwarded to you. Enclosed is a field marker for identification of the project. Please secure the ribbon in a conspicuous place on the site, preferably visible from the roadway. Should you have any questions regarding this matter,, please feel free to contact this office. Sincerely, Barry K. Hogan Planning Manager BKH:dr Enclosure PWTE COUNTY PLANNING COMMI SION 7 County Center Driv Oroville, CA 95965-339' ' (916) 538-7601 TO: DATE: March 6, 1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION LYNCH, DAVID - Use Permit AP# 065-070-024 Enclosed is preliminary data our office has received or generated concerning the following project: Use Permit to allow a wood lot for commercial firewood processing and storage. Located on the west side of Doe Lane, approximately 500 ft. south of Rambling Way at 15305 Doe Lane, Magalia. Zoned TM-5 WP. We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, - ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts- that this project may generate. Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa er Planning Technician Comments: Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project).. Yes No DISTRIBUTION LIST FOR CONfiVMNTS � 2, �i5-l�°j sEwERs County Public Works Richvale Sanitary District �< County Environmental Health L.O.A.P.U.D. , County Building Division Skansen Subdivision (CSA #21) City of Biggs Stirling City Sewer Main. _Dist. City of Chico Thermalito Irrigation District City of Gridley Butte Water District City of Oroville Town of Paradise IRRIGATION WATER Planning Department Biggs-W. Gridley Water District State Transportation Department Butte Water District Durham Irrigation District DOMESTIC WATER OWID Butte Water District Paradise Irrigation District California Water Service Co. Richvale Irrigation District Del Oro Water Co. Table Mountain Irrigation OWID District Thermalito Irrigation District Thermalito Irrigation District Other DRAINAGE DISTRICT UTILITIES PG&E North (Chico) PG&E South (Oroville) Pacific Bell RECLAMATION DISTRICT Chambers Cable Viacom TV Cable FIRE PROTECTION OTHER COMMITTEES/COMMISSIONS El Medio Fire Protection Dist. Paradise Pines Architectural 7 County Fire Department/CDF Control Committee Butte County Farm Bureau MOSQUITO ABATEMENT DISTRICT Community Association: Durham, Oroville or Butte County Lime Saddle Community Service POLICE PROTECTION District State Highway Patrol Butte County Air Pollution County Sheriff Control District Butte Environmental Council SCHOOL DISTRICT RECREATION FACILITIES A Chico Area Recreation District Durham Area Rec. & Park District Feather River Rec. & Park District Paradise Rec. & Park District Richvale Rec. & Park District State Parks & Rec. Department RESOURCE MANAGEMENT ' State Water Resources Department U.S. Forest Service U.S. Bureau of Land Management Butte County Mining Committee State Department of Fish & Game California Native plant Society State Div. Forestry - attention: Craig Carter Regional Water Quality Control Board - �QEST -TO A 'W CQL� L-.t3-r +0 f2- cor4-v..r-�r,) P l- -V1 eaWDO4--, �PQ0C-Gs��► UCS- A sme q&is �ccar�ox: LC>C,04T6D a `Fl4 e W eS T S i D G i�P� r r,.A-��Lti� 5�t� - Dov►t-a p-� (�,� mi3 l r�Cr LzA� 17cbc-1 ra&1:4 t--1 ra -,�--sT G Z W--SG: �CDr'�IG 3�5'�4Rs: Zoe ED 1m- ©j,,j I O-1 '�-D S TiL'UND�JG HCl' G: ry`- S 41mc V =fG Lam Trsz: A�-P- cu v 2At, - 2�si�e�TI I— anc'd�•d�•wlo� r /s S.10•/,f) �•f t 4L 4 1: 1 dl I m it a , I m '04",tE uo,�tE k INZ iss.s4•lR> �'• I I A,1 ZY 59 41 3 N % R"' `O O _- N NH NO 1 V `^may a� �� •;� a a w r ti IOu I Cj"I 1 I I r70 13 I • f v ! I I I`a i� { s6.:.i, I ° L •0 4 I � r� (n 01! m �� b •�I ar l _.. I b'� � d I '• P, r�:. -iso'— ('_'_; --,-5- "r_Il.o3 � � i:, • It rh I i cOR iIn CA o ° ,DOS ( L�4�✓� ,t t; G 4 '�� I j \y ((yyam� 1 •i 'i S ill � ii::a 37 .. _.....___._.. __— _—__...�._ ...._.,-----.....:�.....__-______._.___.._..._�_._._..•_...._._—_. I� W Cl) N �' vl BUTTE COUNTY PLANNING COMMISSION 7 -County Identer Drive 9,.roville,,_.,CX7:. 95965-3397 (916) 538-7601 TO: Public Works DATE: March 6, 1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION, LYNCH, DAVID - Use Permit AP# 065-070-024. �, Enclosed is preliminary .data our office has recti yed...or. 'generated concerning the following project: Use Permit to allow a.,.wood .1ot •-for commercial firewood processing and storage. Located on the west side of Doe Lane, approximately 500 ft. south of Rambling Way at 15305 Doe Lane, Magalia. Zoned TM-5 WP. We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any factual statements, • ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate Please respond within 14 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. We appreciate any assistance you can provide. Sincerely, Larry Pa' er Planning Technician Comments: L /.0 ,y I"o-n- C&-Ac'n,; /1-s ,v o,r"- ,06all- I& M— 10DLLr SeAfool- 02r4YT /I_•n�/J �'1PP/CFI�i--Ci(fi �"'"" /•ii/T�-tc Lr7yt/ 0'1/' ,l/LYG/Yf'`/ � D� G!/LGi Gt/)/d^t.� Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No y e-17- y:_ /1Ary� G-AY �� MGN���CIGJiUcr `FAJ�,c,, 2� . 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SL%r�C:.a�/K rRDNONE 4 \O � 14 A912,, OAWO .L YNG•U '��lrK GIVE I ' 7 ,✓ t p I RE/NC LCT d AS S,UC'W,t//A/RPOK�S G7F 944, /-YIA16 1,V SFC rICAl MAIAISN/P ZS NG-.?TfI,.P NCE 3 EAST, 1 I i NP.^'.:0'14'•E/?) a2%LS'!R) _ "''� M.,aAj IA17;VE UN/NCCldPC2ATEl7.QQEA fuo.?/-"10'.� C, .W77 CDWrY,, C•4UFC?i4//Q. LS 77RC/R) F I F�L. w'00D TO 13C STA K C lJ .51JA DED A e.(�(i / IJ eTWEk) 7� . T12tc S n ant ER6IMEERS & associates ' 1AR0 SOR►ErORS P.O.BOR 986 ' OROVII 4 CAL 95965 ....,.. Ph MI N S34-9567 ry-os-crr i i Use Permit: David Lynch,#95-139 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: David Lynch-Use Permit B. Project No. (If applicable) and AP No.: 95-139, APN 065-070-024 C. Address of Applicant and'Representative (if applicable): 7500 Skyway, Paradise,CA 95969 D. Project Description and Location: This application is for a Use Permit to allow a wood lot for commercial firewood processing and storage. The applicants primary proposal is to bring previously cut and split firewood to the property to be stacked and dried for future off-site sales. In conjunction with this use,the applicant anticipates the need to cut and split a pre-determined amount of wood that is a by-product of his tree removal service. Secondarily,an approximately 1600 sq. ft. enclosed shed is proposed for cutting strips of wood for kindling bundles and for equipment storage.The applicant proposes to utilize a 1.5 acre parcel located at 15305 Doe Lane in Magalia. The parcel is presently used as a residential homesite and is in the TM-5 (Timber Mountain-5 acre min.)zone with a General Plan designation of Agricultural Residential. The site is also located within the Paradise Watershed Protection Zone. Access to the parcel is from Doe Lane via Rambling Way and Skyway. The parcel is located in a primarily rural mountainous setting with residential uses on lots varying between 1 and 40 acres. The area is heavily timbered with some logging taking place periodically. The parcel is basically level and has been cleared of trees on some portions.-Additional project description and area description can be found in the data sheet at the end of this document. II. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic spbstructures? Yes No X Maybe Response: The proposal for a wood lot will not affect subsurface earth conditions. Mitigation: None required. b. Disruptions,displacements, compaction or overcovering of the soil? Yes No X Maybe _ Response: This proposal will result in some disruption,displacement,compaction and overcovering of the site as a result of the development of structures, driveways, parking areas, and other incidental improvements related to the proposed use. The majority of the activity requested will involve stacking firewood outdoors on the ground which will not involve any permanent overcovering of the soil. Parking areas and driveways are proposed to be gravel which will have an insignificant, non-permanent impact on the soils. The applicant proposes an approximately 1600 sq.ft.shed that will cause some permanent overcovering of the earth,but on a 1.5 acre parcel this amount of surface (2%) is not considered significant. Additionally, the project site characterized by relatively level terrain which will not require any significant grading to accommodate the proposed use. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes — No X Maybe # Butte County Development Services Department # Planning Division # 1 t Use Permit: David Lynch,#95-139 Response: The proposal will not significantly affect topography or ground relief features because the property is nearly level and no significant grading or earth alteration is anticipated or proposed. Mitigation: None required. d. The destruction, covering or modification of any unique geologic or physical features? Yes No X Maybe Response:. The site has no unique geologic or physical features that will be impacted by this use. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils, either on or off-site? Yes No X Maybe Response: The proposal for a wood processing lot will not cause substantial erosion of the soils because the lot is nearly level and no significant alterations to the topography or disruptions of the soil are anticipated. The proposed 1600 sq.ft. building will create an impervious surface that will generate additional run-off,however, the building only represents 2% of the building lot area which is not significant. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe Response: The project site is not adjacent to any watercourses. Since development activity will not encroach into the drainage system and no significant runoff is expected,no change in deposition or erosion of any stream channel is expected to occur. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes No X Maybe Response: This project site is characterized by Aiken clay gravelly soils that are not prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No X Maybe Response., All of Butte County is in a Moderate Earthquake Intensity Zone VIII. The subject property is not located near any known fault zones as depicted on County seismic safety maps. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mitigation: None required. 2.Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe — Response: The proposal will not substantially affect air quality because emissions from the increase in the number of vehicle trips is not anticipated to be significant nor will the cutting, splitting, or stacking of wood generate any substantial air quality impacts. The access road to the project site is an unpaved road and the potential for increased dust being generated exists. However,the proposed use will be controlled by conditions imposed on the project that will limit the number of truck trips to two per day which will not create a substantial dust problem.Additionally,the applicant may employ three employees on an as needed basis,at maximum use, the employees could generate an additional six trips per day. Incidental emissions will also result from the use of gas powered equipment, however,the use of such equipment will be limited to a maximum of two hours per day which will not create substantial air quality changes. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe # Butte County Development Services Department # Planning Division # 2 Use Permit: David Lynch,#95-139 Response: The proposal for a wood lot may create some objectionable odors or fumes as a result of the use of gas powered equipment. As discussed in Section 2a above,this is not expected to be a substantial impact because the hours of equipment operation will be limited to a maximum of 2 hours a day or 3 hours a week. Mitigation: None required. c. , Alteration of air movement, moisture,temperature,or any change in climate,whether locally or regionally? Yes No _L_Maybe Response: The proposal for a wood lot will not affect the local or regional climate. Mitigation: None required. 3.Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements,in fresh waters? Yes No X Maybe Response: The proposal will not affect any watercourse or the direction and movement of any such watercourses because no watercourses are located on or adjacent to the project site. Mitigation: None required. b. Substantial changes in absorption rates,drainage patterns, or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: This project will not affect drainage patterns or other water related characteristics of the land because the amount of additional impervious surfacing proposed for this project site is incremental in the form of an approximately 1600 sq.ft.building,or approximately 2%of the property. The applicant proposes no other impervious surfaces related to this project. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal,channelization or culvert installation? Yes No X Maybe Response: No off-site surface drainage improvements are needed because the project is not expected to create any substantial drainage/run-off. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The proposal will not significantly affect any flood control channels or watercourses because neither the proposed use or any drainage created as a result of the project will significant in relation to flood control. Mitigation: None required. e. Discharge into surface waters,or in any alteration or surface water quality, including, but not limited to,temperature, dissolved oxygen or turbidity. Yes No X Maybe Response: The proposal will neither discharge pollutants into any surface water body nor alter any water body that could result in an impact to water quality. The project site is located within the Paradise Lake Watershed Protection Zone which stipulates that no development shall have an adverse effect on water quality within the watershed. The proposed use,as discussed in Sections 3a,b,c,d,will not create any excessive or newly created drainage that may have the potential to degrade the water quality within the Watershed Protection area. Some stormwater contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants may result from development of the property for residential use, however,this completely unrelated to the proposed use of the property for a wood lot. Mitigation: None required. f. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe # Butte County Development Services Department # Planning Division # 3 Use Permit: David Lynch,#95-139 Response: The proposal will not affect the direction or flow of ground waters because the project does not involve the use groundwater. Mitigation: None required. g. Change in the quantity of ground waters,'either through direct additions or withdrawals,or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See Section 3f. Mitigation: None required. h. Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Response: A substantial reduction in public water supplies will not occur as a result of project approval. Mitigation: None required. i. Exposure of people or property to water related hazards such as flooding? Yes No X Maybe _ Response: The project site is not in a flood zone so the proposal will not expose people or property to flooding. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species,or number of any native species of plants(including trees,shrubs,grass, crops and aquatic plants)? Yes No X Maybe _ Response: This proposal may introduce new species of plants into the area in the form of landscaping, but the project alter the overall diversity of species in the area or disturb any critical plant habitat. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The area proposed for this project does not contain any unique,rare or endangered plant species. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes X No Maybe _ Response: See response in 4a. Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? Yes No X Maybe Response: The project site does not contain any agricultural crops. Mitigation: None required. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The proposal will not result in a substantial change in animal habitat or loss of species because the project site and surrounding area is presently developed with residential uses resulting in cleared parcels and human encroachment/activity. Mitigation: None required. # Butte County Development Services Department # Planning Division # 4 Use Permit: David Lynch,#95-139 b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No -&_Maybe Response: See response in Sdction 5a. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This proposal will not involve the introduction of new species into the area or create a barrier to migration. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No X Maybe Response: See response in Section 5a. Mitigation: None required. 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No Maybe X Response: The proposal may result in a substantial increase in noise created on-site or in the vicinity as a result of the use of power equipment such as chainsaws,woodsplitters, and table saws. The area is primarily in residential use and current noise levels(45-60dB)are appropriate to the use. It is anticipated that the proposed wood lot will generate single event noise levels in the 60dB to 90dB range that would impact the surrounding parcels. Although the use of wood cutting tools,lawnmowers,and other gas powered equipment-is customary in the rural mountain areas,the repetitive use of these types of equipment by the applicant would create more frequent noise than incidental or accessory use of such equipment by homeowners. In order to reduce this impact to a level more customary in this area,the applicant will be restricted to using noise generating equipment that exceeds 60 dB at property lines to only 2 hours a day or a maximum of 3 hours per week and between the hours of 12 noon and 5:00 p.m. Mitigation: The use of equipment that generates noise in excess of 60 dB at property lines shall be restricted to three(3) hours per week with a maximum use of two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m. Monday through Friday. b. Exposure of people to severe noise levels? Yes No Maybe X Response: See response in Section 6a. Mitigation: See mitigation in Section 6a. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe Response: The project is not expected to create any substantial increase in light or glare created on site or in the vicinity because no outdoor lighting is proposed and all work is restricted to daylight hours. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The project site is zoned TM-5 (Timber Mountain-5 ac. min.), which allows commercial wood processing plants as a conditional use. The site is designated by the Butte County General Plan as Agricultural Residential which establishes forestry related activities as a Secondary Use. Although the site is located in an area of scattered residential uses,the primary use of timber mountain lands is for the production of timber related products. The project conforms to both the general plan and zoning. Mitigation: None required. # Butte County Development Services Department # Planning Division # 5 Use Permit: David Lynch,#95-139 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resource? Yes No X Maybe Response: The proposal will not substantially affect any natural resources because the trees primarily utilized for this commercial wood lot will not be cut from this property or other woodlands,but rather will be salvaged from valley orchards and other tree service activities including pruning, clearing dead timber,and removing nuisance trees. The proposed use is not a commercial tree harvest operation. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Response: The proposal for a wood lot will not deplete any non-renewable natural resources for reasons discussed in Section 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including, but not limited to, oil, pesticides,chemicals or radiation) in the event of an accident or upset conditions? Yes No Maybe X Response: The proposal will utilize gas powered equipment that will require on-site storage of gasoline, however,the amount of gasoline expected to be utilized is small(under 20 gallons).This amount of fuel is not expected to represent a significant health or safety hazard,however, limiting the amount of on-site fuel storage to 20 gallons is a reasonable restriction considering the site is located in a high fire hazard area as designated by the Butte County Fire Department and California Department of Forestry, is in the Paradise Lake Watershed Protection Zone, and is in close proximity to residential dwellings in the event of an accident. Established regulations by the Butte County Environmental Health Division (EHD) require a business plan to be filed with the EHD if future storage of fuels is anticipated to exceed 50 gallons.The EHD permit also has the added benefit of controlling potentially flammable materials in an area designated as being in a high fire hazard area The project site is not located close to any facilities which store or utilize hazardous materials. Mitigation: On-site fuel storage shall not exceed 20 gallons of fuel. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: The proposal will not significantly affect any emergency services because the use will not involve large amounts of traffic or any other hindrance to emergency response plans. Mitigation: None required. 11. Population. WII the proposal alter the location,distribution,density, or growth rate of the human population of an area? Yes No X Maybe Response: As a commercial venture,this project will have no affect on the local population density. Mitigation: None required. 12. Housing. WII the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect housing demand. Mitigation: None required. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? Yes No Maybe X # Butte County Development Services Department # Planning Division # 6 i f f Use Permit: David Lynch,#95-139 Res onse: The proposal will represent an incremental increase in traffic in the area due to regular business activities. The proposed project will generate approximately 6 vehicle trips per day by employee vehicles and an additional 4 vehicle trips per day as a result of business activities on-site. The project is located in a primarily residential area and will be restricted from conducting any on-site sales of firewood or related materials. This restriction will eliminate any substantial increases in traffic that might be generated by the use. Mitigation: On-site retail sales of firewood or related products are prohibited. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Resaonse: The proposal will create an incremental demand for new parking or other parking related improvements on-site to accommodate employee vehicles. However,the project will be required to meet the parking standards established in the Butte County Zoning Code that requires 1 space for each 3 employees. There is currently adequate space available to meet all the parking requirements. Mitigation: None required. c. Substantial impact upon existing transportation systems,including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because neither the number of employees or the number of vehicle trips is significant. Mitigation:ion: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No X Maybe Response: The proposal will not alter the present pattern of circulation in the area for the reasons discussed in Section 13c. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect rail or air traffic because these forms of transportation will not be utilized. Mitigation: None required. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No Maybe X Response: This project will result in an incremental increase in vehicular traffic,which at the projects maximum use will generate approximately 10 to 12 trips per day. However,the use of large trucks does represent a minor hazard on roads that are narrow at spots and poorly maintained. To reduce this impact the applicant will be restricted to only two (2) truck trips per day to and from the site and the use of tractor trailer trucks will be prohibited entirely. Mitigation: The operation shall limited to two (2) light(under two ton capacity)truck trips per day and the use of tractor- trailer trucks is prohibited entirely. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in a rural high fire hazard area as designated by the Butte County Fire Department and the California Department of Forestry and has the potential of creating an additional demand forfire protection services due to the use of gas powered equipment and the storage of large quantities wood products. As conditions of project approval, the fire department will require the applicant to clear a 30 ft. driveable setback along all property lines, store and maintain fire fighting tools including shovels and fire # Butte County Development Services Department # Planning Division # 7 Use Permit: David Lynch,#95-139 extinquishers,and stack all wood in stacks not to exceed 12'x12'wide and 5' high. There must be a 10'space between the piles and they cannot be any closer than 30 ft.to the propane tank nor within 80 ft.of the residential dwelling. Additionally,as a mitigation measure to reduce fire hazard danger,all woodchips,sawdust,and other waste products accumulated on-site shall be contained in an enclosed,fire safe area(as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. Mitigation: All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area (as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. b. Police protection? Yes No X Maybe Response: The proposal for a wood lot will not result in an increased demand for police protection in the area. Mitigation: None required. c. Schools? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect any school facilities. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase to demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No Maybe X Response: The proposal for a commercial wood lot may result in an increase in the need for maintenance of Doe Lane, Rambling Way and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood.The primary concern arises when these heavy trucks carrying firewood use the dirt/gravel roads during inclement weather which may result in large ruts and the increased formation of potholes and other road hazards. As previously discussed in Section 13f of this document,the number of truck trips per day will be limited in both size and frequency which will drastically reduce the potential for dry road damage. However, significant damage to a wet or muddy road can occur with only a few truck trips. To mitigate this potential wet road damage the use of large trucks will restricted to periods of dry weather when the road is not wet or muddy. The Department of Public Works will require the applicant as a condition of project approval to provide a S-18 public road approach at the intersection of Rambling Way and Skyway which will include realigning the intersection and paving the access area. Rambling Way and Doe Lane are presently roughly maintained private roads that must meet the minimum county road standard of RS-8,LD1 which requires that the road be a 20 ft. wide, two-way traversable road that can be utilized by a two-wheel drive vehicle. The Department of Public Works has indicated that this use is not expected to significantly impact this standard. Doe Lane is under a road maintenance agreement signed by parcel owners served by the road.The applicant,as a property owner,will be required to participate in this agreement. Mitigation: See mitigation in Section 13f. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. f. Other governmental services? Yes No X Maybe Response: The proposal will incrementally increase the demand for all other governmental services in the area. Mitigation: None required. 15. Energy. Will the proposal result in: # Butte County Development Services Department # Planning Division # 8 Use Permit:David Lynch,#95-139 a. Use of substantial amounts of fuel or energy? Yes No X Maybe Response: The proposal for a wood lot will not utilize substantial fuel or energy because the small gas powered engines are not expected to consume more than 20 gallons of fuel per month. Mitigation: None required. b. • Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The proposal for a small wood lot will not substantially increase the demand for energy. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No _XMaybe Response: The proposal will not affect electrical power or natural gas distribution systems because these services are not required by the proposed use. Mitigation: None required. b. Communication systems? Yes No --&--Maybe Response: The proposal will not affect communication systems because these services exist and are not required by the proposed use. Mitigation: None required. c. Water? Yes No X Maybe Response: The project site utilizes a private well for water use,however,the site is located within the Paradise Lake Watershed Protection Zone. This issue is fully discussed in Section 3e. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require any sewage removal system. However,the existing home on the parcel is served by a septic system that may be impacted by heavy wood trucks. The Environmental Health Division will.require the applicant as a condition of project approval to map the existing septic system and avoid this area when conducting any wood processing of truck delivery. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in Section 3e. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: The proposed wood lot will not affect solid waste disposal because the use will not generate any substantial amounts of solid waste. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal for a wood lot will not create any significant health hazard. # Butte County Development Services Department # Planning Division # 9 Use Permit: David Lynch,#95-139 Mitigation: None required. b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposal for a wood lot will not expose people to any known health hazard. Mitigation: None required. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes - No _Maybe X Response: The proposal for a wood lot.in a primarily residential area will impact the present view with large stacks of firewood,the storage of wood trucks,use and storage of equipment,and the waste clutter that results from wood cutting. In order to reduce this visual impact the applicant will be required to contain all power equipment,tools,and other related items in an enclosed building and erect a 6 ft.high sight obscuring along all property lines adjoining residential uses. The applicant will also be required to cut and stack all uncut logs delivered to the property within 72 hours of unloading. Mitigation: All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft.high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No X Maybe Response: The proposal will not result in an impact on existing recreational opportunities in the area. .Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No X Maybe Response: The proposal will not affect archeological sites. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building,structure or object? Yes No X Maybe Response: The proposal will not affect historic sites. Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cuttural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required.) # Butte County Development Services Department # Planning Division # 10 Use Permit: David Lynch,#95-139 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No X Maybe Response: As discussed in Section II of this document,this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term,to the disadvantage of long-term,environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure well into the future.) Yes No X Maybe Response: The project,as discussed in Section II of this Initial Study,will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A projects impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: This proposal will not have a significant cumulative impact on the environment. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No Maybe X Response:* As discussed in Section II, items 6,10,13,14, & 18 of this Initial Study, this proposal may have a significant adverse effect on human beings. However,mitigations and conditions imposed on the project will mitigate any impacts. IV. DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD HAVE a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. _ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: June 1, 1995 Prepared by: Ste hen Lucas tanner Reviewed by: 416zz aig Sar-l"'rs, Senior Planner # Butte County Development Services Department # Planning Division # 11 Use Permit: David Lynch,#95-139 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. The use of equipment that generates noise.in excess of 50 dB at property lines shall be restricted to three(3) hours per week with a maximum use of two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m.Monday through Friday. 2. On-site fuel storage shall not exceed 20 gallons of fuel. 3. On-site retail sales of firewood or related products are prohibited. 4. The operation shall limited to two(2) light(under two ton capacity)truck trips per day and the use of tractor-trailer trucks is prohibited entirely. 5. All wood chips,sawdust,and other waste products shall be contained in an enclosed,fire safe area (as determined by the fire department) and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. 6. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. 7. All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft. high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. 8. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. # Butte County Development Services Department # Planning Division # 12 Use Permit:David Lynch,#95-139 DATA SHEET A. Project Description 1. Type of Project: Use Permit 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Accessory buildings. 4. Access and Nearest Public Road(s): Doe Lane 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines:To property. 8. Potential for further land divisions and development: n/a B. Environmental Setting 1. Terrain a General Topographic Character: Level b. Slopes: 0-5% c. Elevation:2600 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Characteristics: Aiken Clay loam b. Limiting Factors: None 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: High e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: None. b. Ground Water: Unknown, potentially limited aquifer. c. Drainage Characteristics: good d. Annual Rainfall (normal): 60 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good 8. Vegetation: Mountain timber,scrub 9. Wildlife Habitat: Rural homesites in mountain timber area, habitat poor 10. Archaeological and Historical Resources in the area: Low Sensitivity area. 11. Butte County General Plan designation: Timber Mountain 12. Existing Zoning: TM-5 13. Existing Land Use on-site: Rural Residential,vacant timber land. 14. Surrounding Area: a. Land Uses: Timber and rural residential. b. Zoning: TM-1,TM-2.5,TM-5 c. Gen. Plan Designation:Timber Mountain d. Parcel Sizes: 1 - 100 15. Character of Site and Area: Rural mountain residential 16. Nearest Urban Area: Paradise 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State) Fire Station: Station number 33 approximately 5 mile away. b. Water Availability: Fire tankers only. 20. Schools: Paradise School District(s). # Butte County Development Services Department # Planning Division # 13 C (, Use Permit: David Lynch,#95-139 ENVIRONMENTAL REFERENCE MATERIAL --- -- - 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element, Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department Liquefaction Potential Map 11-2.Seismic Safety Element. Oroville,CA: CH2M Hill, 1977. 3. Butte County Planning Department Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville,CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2. Safety Element. Oroville,CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3. Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1.Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1.Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville,CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map., Oroville,CA: James P.Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map. established by Resolution No.67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Bangor 15 Minute Quadrangle 15. Soil Map.Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte CountyFire Department and California Department of Forestry, 1989. # Butte County Development Services Department # Planning Division # 14 Use Permit: David Lynch,#95-139 COUNTY.OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND A. Applicant and/or Project Name: David Lynch-Use Permit B. Project No. (If applicable) and AP No.: 95-139, APN 065-070-024 C. Address of Applicant and Representative (if applicable): 7500 Skyway, Paradise, CA 95969 D. Project Description and Location: This application is for a Use Permit to allow a wood lot for commercial firewood processing and storage. The applicants primary proposal is to bring previously cut and split firewood to the property to be stacked and dried for future off-site sales. In conjunction with this use,the applicant anticipates the need to cut and split a predetermined amount of wood that is a by-product of his tree removal service. Secondarily, an approximately 1600 sq. ft. enclosed shed is proposed for cutting strips of wood for kindling bundles and for equipment storage.The applicant proposes to utilize a 1.5 acre parcel located at 15305 Doe Lane in Magalia. The parcel is presently used as a residential homesite and is in the TM-5 (Timber Mountain-5 acre min.)zone with a General Plan designation of Agricultural Residential. The site is also located within the Paradise Watershed Protection Zone. Access to the parcel is from Doe Lane via Rambling Way and Skyway. The parcel is located in a primarily rural mountainous setting with residential uses on lots varying between 1 and 40 acres. The area is heavily timbered with some logging taking place periodically. The parcel is basically level and has been cleared of trees on some portions.Additional project description and area description can be found in the data sheet at the end of this document. 11. EVALUATION OF ENVIRONMENTAL IMPACTS 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic spbstructures? Yes No X Maybe Response: The proposal for a wood lot will not affect subsurface earth conditions. Mitigation: None required. b. Disruptions,displacements, compaction or overcovering of the soil? Yes No X Maybe _ Response: This proposal will result in some disruption,displacement,compaction and overcovering of the site as a result of the development of structures, driveways, parking areas, and other incidental improvements related to the proposed use. The majority of the activity requested will involve stacking firewood.outdoors on the ground which will not involve any permanent overcovering of the soil. Parking areas and driveways are proposed to be gravel which will have an insignificant, non-permanent impact on,the soils. The applicant proposes an approximately 1600 sq.ft.shed that will cause some permanent overcovering of the earth,but on a 1.5 acre parcel this amount of surface (2%) is not considered significant. Additionally, the project site characterized by relatively level terrain which will not require any significant grading to accommodate the proposed use. Mitigation: None required. c. Substantial change in topography or ground surface relief features? Yes _ No X Maybe # Butte County Development Services Department # Planning Division # 1 t^ r Use Permit: David Lynch,#95-139 Response: The proposal will not significantly affect topography or ground relief features because the property is nearly level and no significant grading or earth alteration is anticipated or proposed. Mitigation: None required. d. The destruction, covering or modification bf any unique geologic or physical features? Yes No X Maybe Response: The site has no unique geologic or physical features that will be impacted by this use. Mitigation: None required. e. Any substantial increase in wind or water erosion of soils,either on or off-site? Yes No X Maybe Response: The proposal for a wood processing lot will not cause substantial erosion of the soils because the lot is nearly level and no significant alterations to the topography or disruptions of the soil are anticipated. The proposed 1600 sq.ft. building will create an impervious surface that will generate additional run-off,however, the building only represents 2%of the building lot area which is not significant. Mitigation: None required. f. Changes in deposition or erosion of beach sands,or changes in siltation,deposition or erosion which may modify the channel of a river or stream or the bed of any lake? Yes No X Maybe Response: The project site is not adjacent to any watercourses. Since development activity will not encroach into the drainage system and no significant runoff is expected, no change in deposition or erosion of any stream channel is expected to occur. Mitigation: None required. g. Loss of prime agriculturally productive soils outside designated urban areas? Yes. No X Maybe Response: This project site is characterized by Aiken clay gravelly soils that are not prime agricultural soils. Mitigation: None required. h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud-slides,ground failure, or similar hazards? Yes No X Maybe Response: All of Butte County is in a Moderate Earthquake Intensity Zone dill. The subject property is not located near any known fault zones as depicted on County seismic safety maps. Construction of buildings to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. Mitigation: None required. 2.Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes No X Maybe Response: The proposal will not substantially affect air quality because emissions from the increase in the number of vehicle trips is not anticipated to be significant nor will the cutting, splitting, or stacking of wood generate any substantial air quality impacts. The access road to the project site is an unpaved road and the potential for increased dust being generated exists. However,the proposed use will be controlled by conditions imposed on the project that will limit the number of truck trips to two per day which will not create a substantial dust problem.Additionally,the applicant may employ three employees on an as needed basis,at maximum use, the employees could generate an additional six trips per day. Incidental emissions will also result from the use of gas powered equipment, however,the use of such equipment will be limited to a maximum of two hours per day which will not create substantial air quality changes. Mitigation: None required. b. The creation of objectionable odors? Yes No X Maybe # Butte County Development Services Department Planning Division # 2 Use Permit:David Lynch,#95-139 Response: The proposal for a wood lot may create some objectionable odors or fumes as a result of the use of gas powered equipment. As discussed in Section 2a above,this is not expected to be a substantial impact because the hours of equipment operation will be limited to a maximum of 2 hours a day or 3 hours a week. Mitigation: None required. c. Alteration of air movement, moisture,temperature,or any change in climate,whether locally or regionally? Yes No X Maybe Response: The proposal for a wood lot will not affect the local or regional climate. Mitigation: None required. 3.Water. Will the proposal result in: a. Substantial changes in currents,or the course or direction of water movements,in fresh waters? Yes No X Maybe Response: The proposal will not affect any watercourse or the direction and movement of any such watercourses because no watercourses are located on or adjacent to the project site. Mitigation: None required. b. Substantial changes in absorption rates,drainage patterns,-or the rate and amount of surface runoff on-site or into any water body? Yes No X Maybe Response: This project will not affect drainage patterns or other water related characteristics of the land because the amount of additional impervious surfacing proposed for this project site is incremental in the form of an approximately 1600 sq.ft.building,or approximately 2%of the property. The applicant proposes no other impervious surfaces related to this project. Mitigation: None required. c. Need for off-site surface drainage improvements,including vegetation removal, channelization or culvert installation? Yes No X Maybe Response: No off-site surface drainage improvements are needed because the project is not expected to create any substantial drainage/run-off. Mitigation: None required. d. Alternations to the course or flow of flood waters? Yes No X Maybe Response: The proposal will not significantly affect any flood control channels or watercourses because neither the proposed use or any drainage created as a result of the project will significant in relation to flood control. Mitigation: None required. e. Discharge into surface waters,or in any alteration or surface water quality, including, but not limited to,temperature, dissolved oxygen or turbidity? Yes No X Maybe Response: The proposal will neither discharge pollutants into any surface water body nor atter any water body that could result in an impact to water quality. The project site is located within the Paradise Lake Watershed Protection Zone which stipulates that no development shall have an adverse effect on water quality within the watershed. The proposed use,as discussed in Sections 3a,b,c,d,will not create any excessive or newly created drainage that may have the potential to degrade the water quality within the Watershed Protection area. Some stormwater contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants may result from development of the property for residential use, however,this completely unrelated to the proposed use of the property for a wood lot. Mitigation: None required. f. Alteration of the direction of rate of flow of ground waters? Yes No X Maybe # Butte County Development Services Department # Planning Division # 3 Use Permit: David Lynch,#95-139 Response: The proposal will not affect the direction or flow of ground waters because the project does not involve the use groundwater. Mitigation: None required. g. Change in the quantity of ground waters,*either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes No X Maybe Response: See Section 3f. Mitigation: None required. h. . Substantial reduction in the amount of water otherwise available for public water supplies? Yes No X Maybe Resaonse: A substantial reduction in public water supplies will not occur as a result of project approval. Mitigation: None required. i. Exposure of people or property to water related hazards such as flooding? Yes No _)X_Maybe Response: The project site is not in a flood zone so the proposal will not expose people or property to flooding. Mitigation: None required. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants(including trees,shrubs,grass, crops and aquatic plants)? Yes No X Maybe _ Response: This proposal may introduce new species of plants into the area in the form of landscaping, but the project alter the overall diversity of species in the area or disturb any critical plant habitat. Mitigation: None required. b. Reduction of the numbers of any unique, rare or endangered species of plants? Yes No X Maybe Response: The area proposed for this project does not contain any unique, rare or endangered plant species. Mitigation: None required. c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Yes X No Maybe _ Response: See response in 4a. Mitigation: None required. d. Substantial reduction in acreage of any agricultural crop? Yes No _XMaybe Response: The project site does not contain any agricultural crops. Mitigation: None required. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals(birds, land animals, reptiles,fish,shellfish, benthic organisms or insects)? Yes No X Maybe Response: The proposal will not result in a substantial change in animal habitat or loss of species because the project site and surrounding area is presently developed with residential uses resulting in cleared parcels and human encroachment/activity. Mitigation: None required. # Butte County Development Services Department # Planning Division # 4 Use Permit: David Lynch,#95-139 b. Reduction of the numbers of any unique, rare or endangered species of animals? Yes No X Maybe Response: See response in Section Sa. Mitigation: None required. c. Introduction of new species of animals into an area, or in a barrier to the migration or movement of animals? Yes No X Maybe Response: This proposal will not involve the introduction of new species into the area or create a barrier to migration. Mitigation: None required. d. Deterioration to existing fish or wildlife habitat? Yes No X Maybe Response: See response in Section Sa. Mitigation: None required. 6. Noise. Will the proposal result in: a. Substantial increases in existing noise levels? Yes No Maybe X Response: The proposal may result in a substantial increase in noise created on-site or in the vicinity as a result of the use of power equipment such as chainsaws, woodsplitters, and table saws. The area is primarily in residential use and current noise levels(45-60dB)are appropriate to the use. It is anticipated that the proposed wood lot will generate single event noise levels in the 60dl3 to 90dB range that would impact the surrounding parcels. Although the use of wood cutting tools,lawnmowers,and other gas powered equipment is customary in the rural mountain areas,the repetitive use of these types of equipment by the applicant would create more frequent noise than incidental or accessory use of such equipment by homeowners. In order to reduce this impact to a level more customary in this area ,the applicant will be restricted to using noise generating equipment that exceeds 60 dB at property lines to only 2 hours a day or a maximum of 3 hours per week and between the hours of 12 noon and 5:00 p.m. Mitigation: The use of equipment that generates noise in excess of 60 dB at property lines shall be restricted to three(3) hours per week with a maximum use of'two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m. Monday through Friday. b. Exposure of people to severe noise levels? Yes No Maybe X Response: See response in Section 6a. Mitigation: See mitigation in Section 6a. 7. Light and Glare. Will the proposal produce substantial new light or glare. Yes No X Maybe — Response: The project is not expected to create any substantial increase in light or glare created on site or in the vicinity because no outdoor lighting is proposed and all work is restricted to daylight hours. Mitigation: None required. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of the area? Yes No X Maybe Response: The project site is zoned TM-5 (Timber Mountain-5 ac, min.), which allows commercial wood processing plants as a conditional use. The site is designated by the Butte County General Plan as Agricultural Residential which establishes forestry related activities as a Secondary Use. Although the site is located in an area of scattered residential uses, the primary use of timber mountain lands is for the production of timber related products. The project conforms to both the general plan and zoning. Mitigation: None required. # Butte County Development Services Department # Planning Division # 5 Use Permit: David Lynch,#95-139 9. Natural Resources. WII the proposal result in: a. Substantial increase in the r9te of use of any natural resource? Yes No X Maybe Response: The proposal will not substantially affect any natural resources because the trees primarily utilized for this commercial wood lot will not be cut from this property or other woodlands, but rather will be salvaged from valley orchards and other tree service activities including pruning, clearing dead timber,and removing nuisance trees. The proposed use is not a commercial tree harvest operation. Mitigation: None required. b. Substantial depletion of any non-renewable natural resource? Yes No X Maybe Res once: The proposal for a wood lot will not deplete any non-renewable natural resources for reasons discussed in Section 9a. Mitigation: None required. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances(including, but not limited to, oil, pesticides,chemicals or radiation) in the event of an accident or upset conditions? Yes No Maybe X Response: The proposal will utilize gas powered equipment that will require on-site storage of gasoline, however,the amount of gasoline expected to be utilized is small(under 20 gallons).This amount of fuel is not expected to represent a significant health or safety hazard, however,limiting the amount of on-site fuel storage to 20 gallons is a reasonable restriction considering the site is located in a high fire hazard area as designated by the Butte County Fire Department and California Department of Forestry, is in the Paradise Lake Watershed Protection Zone, and is in close proximity to residential dwellings in the event of an accident. Established regulations by the Butte County Environmental Health Division (EHD) require a business plan to be filed with the EHD if future storage of fuels is anticipated to exceed 50 gallons.The EHD permit also has the added benefit of controlling potentially flammable materials in an area designated as being in a high fire hazard area The project site is not located close to any facilities which store or utilize hazardous materials. Mitigation: On-site fuel storage shall not exceed 20 gallons of fuel. b. Possible interference with an emergency response plan or an emergency evacuation plan? Yes No X Maybe Response: The proposal will not significantly affect any emergency services because the use will not involve large amounts of traffic or any other hindrance to emergency response plans. Mitigation: None required. 11. Population. Wll the proposal alter the location,distribution,density, or growth rate of the human population of an area? Yes No X Maybe Response: As a commercial venture,this project will have no affect on the local population density. Mitigation: None required. 12. Housing. WII the proposal affect existing housing or create a demand for additional housing? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect housing demand. Mitigation: None required. 13. Transportation/Circulation. Wll the proposal result in: a. Generation of substantial additional vehicular movement? Yes No Maybe X # Butte County Development Services Department # Planning Division # 6 Use Permit:David Lynch,#95-139 Response: The proposal will represent an incremental increase in traffic in the area due to regular business activities. The proposed project will generate approximately 6 vehicle trips per day by employee vehicles and an additional 4 vehicle trips per day as a result of business activities on-site. The project is located in a primarily residential area and will be restricted from conducting any on-site sales of firewood or related materials. This restriction will eliminate any substantial increases in traffic that might be generated by the use. Mitigation: On-site retail sales of firewood or related products are prohibited. b. Effects on existing parking facilities or demand for new parking? Yes No X Maybe Response: The proposal will create an incremental demand for new parking or other parking related improvements on-site to accommodate employee vehicles. However,the project will be required to meet the parking standards established in the Butte County Zoning Code that requires 1 space for each 3 employees. There is currently adequate space available to meet all the parking requirements. Mitigation: None required. c. Substantial impact upon existing transportation systems,including public transportation services? Yes No X Maybe Response: This proposal will not substantially impact existing transportation systems because neither the number of employees or the number of vehicle trips is significant. Mitigation: None required. d. Significant alterations to present patterns of circulation or movement of people and/or goods? Yes No _X_Maybe Response: The proposal will not alter the present pattern of circulation in the area for the reasons discussed in Section 13c. Mitigation: None required. e. Alterations to waterborne, rail or air traffic? Yes No X Maybe Response: The proposal for a commercial wood lot will not affect rail or air traffic.because these forms of transportation will not be utilized. Mitigation: None required: f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Yes No Maybe X Response: This project will result in an incremental increase in vehicular traffic,which at the projects maximum use will generate approximately 10 to 12 trips per day. However,the use of large trucks.does represent a minor hazard on roads that are narrow at spots and poorly maintained. To reduce this impact the applicant will be restricted to only two (2)truck trips per day to and from the site and the use of tractor trailer trucks will be prohibited entirely. Mitigation: The operation shall limited to two (2) light(under two ton capacity)truck trips per day and the use of tractor- trailer trucks is prohibited entirely. 14. Public Services. Will the proposal have substantial effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire Protection? Yes No Maybe X Response: The project site is located in a rural high fire hazard area as designated by the Butte County Fire Department and the California Department of Forestry and has the potential of creating an additional demand for fire protection services due to the use of gas powered equipment and the storage of large quantities wood products. As conditions of project approval, the fire department will require the applicant to clear a 30 ft. driveable setback along all property lines, store and maintain fire fighting tools including shovels and fire # Butte County Development Services Department # Planning Division # 7 ' Use Permit: David Lynch,#95-139 extinquishers,and stack all wood in stacks not to exceed 12'x12'wide and 5' high. There must be a 10'space between the piles and they cannot be any closer than 30 ft.to the propane tank nor within 80 ft.of the residential dwelling. Additionally,as a mitigation measure to reduce fire hazard danger,all woodchips,sawdust,and other waste products accumulated on-site shall be contained in an enclosed,fire safe area(as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. Mitigation: All wood chips, sawdust, and other waste products shall be contained in an enclosed, fire safe area (as determined by the fire department)and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. b. Police protection? Yes No X Maybe Response: The proposal for a wood lot will not result in an increased demand for police protection in the area. Mitigation: None required. c. Schools? Yes No X Maybe Response; The proposal for a commercial wood lot will not affect any school facilities. Mitigation: None required. d. Parks or other recreational facilities? Yes No X Maybe Response: The proposal will not result in an increase to demand for park and recreation facilities in the area. Mitigation: None required. e. Maintenance of public facilities including roads? Yes No Maybe X Response: The proposal for a commercial wood lot may result in an increase in the need for maintenance of Doe Lane, Rambling Way and the intersection of Rambling Way and Skyway due to the use of large trucks utilized for hauling firewood.The primary concern arises when these heavy trucks carrying firewood use the dirt/gravel roads during inclement weather which may result in large ruts and the increased formation of potholes and other road hazards. As previously discussed in Section 13f of this document,the number of truck trips per day will be limited in both size and frequency which will drastically reduce the potential for dry road damage.However, significant damage to a wet or muddy road can occur with only a few truck trips. To mitigate this potential wet road damage the use of large trucks will restricted to periods of dry weather when the road is not wet or muddy. The Department of Public Works will require the applicant as a condition of project approval to provide a S-18 public road approach at the intersection of Rambling Way and Skyway which will include realigning the intersection and paving the access area. Rambling Way and Doe Lane are presently roughly maintained private roads that must meet the minimum county road standard of RS-8, LD1 which requires that the road be a 20 ft. wide, two-way traversable road that can be utilized by a two-wheel drive vehicle. The Department of Public Works has indicated that this use is not expected to significantly impact this standard. Doe Lane is under a road maintenance agreement signed by parcel owners served by the road.The applicant,as a property owner,will be required to participate in this agreement. Mitigation,• See mitigation in Section 13f. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. f. Other governmental services? Yes No X Maybe Response; The proposal will incrementally increase the demand for all other governmental services in the area. Mitigation: None required. 15. Eneray. Will the proposal result in: # Butte County Development Services Department # Planning Division # 8 Use Permit: David Lynch,#95-139 a. Use of substantial amounts of fuel or energy? Yes No __&_Maybe Response: The proposal for a wood lot will not utilize substantial fuel or energy because the small gas powered engines are not expected to consume more than 20 gallons of fuel per month. Mitigation: None required. b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? Yes No X Maybe Response: The proposal for a small wood lot will not substantially increase the demand for energy. Mitigation: None required. 16. Utilities. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? Yes No _X_Maybe Response: The proposal will not affect electrical power or natural gas distribution systems because these services are not required by the proposed use. Mitigation: None required. b. Communication systems? Yes No X Maybe Response: The proposal will not affect communication systems because these services exist and are not required by the proposed use. Mitigation: None required. c. Water? Yes No X Maybe Response: The project site utilizes a private well for water use,however,the site is located within the Paradise Lake Watershed Protection Zone. This issue is fully discussed in Section 3e. Mitigation: None required. d. Sewer or septic tanks? Yes No x Maybe Response: This project will not require any sewage removal system. However,the existing home on the parcel is served by a septic system that may be impacted by heavy wood trucks. The Environmental Health Division will require the applicant as a condition of project approval to map the existing septic system and avoid this area when conducting any wood processing of truck delivery. Mitigation: None required. c. Storm water drainage Yes No X Maybe Response: See response in Section 3e. Mitigation: None required. d. Solid waste and disposal? Yes No X Maybe Response: The proposed wood lot will not affect solid waste disposal because the use will not generate any substantial amounts of solid waste. Mitigation: None required. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Yes No X Maybe Response: The proposal for a wood lot will not create any significant health hazard. # Butte County Development Services Department # Planning Division # 9 Use Permit: David Lynch,#95-139 Mitigation: None required. - b. Exposure of people to potential health hazards? Yes No X Maybe Response: The proposal for a wood lot will not expose people to any known health hazard. Mitigation: None required. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? Yes No _Maybe X Response: The proposal for a wood lot in a primarily residential area will impact the present view with large stacks of firewood,the storage of wood trucks,use and storage of equipment,and the waste clutter that results from wood cutting. In order to reduce this visual impact the applicant will be required to contain all power equipment,tools,and other related items in an enclosed building and erect a 6 ft. high sight obscuring along all property lines adjoining residential uses. The applicant will also be required to cut and stack all uncut logs delivered to the property within 72 hours of unloading. Mitigation: All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft.high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Yes No _Maybe Response: The proposal will not result in an impact on existing recreational opportunities in the area. Mitigation: None required. 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Yes No _X__Maybe Response: The proposal will not affect archeological sites. Mitigation: None required. b. Will the proposal result in adverse physical or aesthetic effects to the prehistoric or historic building,structure or object? Yes No X Maybe Response: The proposal will not affect historic sites. Mitigation: None required. c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Yes No X Maybe Response: The proposal will not affect cultural resources. Mitigation: None required. d. Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes No X Maybe Response: The proposal will not affect religious resources. Mitigation: None required.) # Butte County Development Services Department # Planning Division # 10 Use Permit: David Lynch,#95-139 III. MANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? Yes No __K_Maybe Response: As discussed in Section II of this document,this project will not significantly degrade the quality of the environment. 2. Does the project have the potential to achieve short-term,to the disadvantage of long-term,environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long- term impacts will endure well into the future.) Yes No X Maybe _ Response: The project,as discussed in Section II of this Initial Study,will not result in short-term benefits of the expense of impacting long-term environmental goals. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A projects impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Yes No X Maybe Response: This proposal will not have a significant cumulative impact on the environment. 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes No Maybe X Response: As discussed in Section 11, items 6,10,13,14, & 18 of this Initial Study,this proposal may have a significant adverse effect on human beings. However,mitigations and conditions imposed on the project will mitigate any impacts. N. DETERMINATION On the basis of this initial evaluation: _ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project COULD HAVE a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described herein have been added to the conditions of approval for the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: June 1, 1995 Prepared by. Ste hen Lucas tanner Reviewed by: aig Sa rs,Senior Planner # Butte County Development Services Department # Planning Division # 11 Use Permit: David Lynch,#95-139 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS 1. The use of equipment that generates noise in excess of 50 dB at property lines shall be restricted to three(3) hours per week with a mabmum use of two(2)hours per day and between the hours of 12:00 noon and 5:00 p.m.Monday through Friday. 2. On-site fuel storage shall not exceed 20 gallons of fuel. 3. On-site retail sales of firewood or related products are prohibited. 4. The operation shall limited to two(2) light(under two ton capacity)truck trips per day and the use of tractor-trailer trucks is prohibited entirely. 5. All wood chips,sawdust,and other waste products shall be contained in an enclosed,fire safe area (as determined by the fire department) and removed from the property on a weekly basis or when the enclosure is full. The enclosure shall not be larger than 10'x10'. 6. No large trucks shall be driven on Doe Lane or Rambling Way during periods of inclement weather when the roads are significantly wet or when muddy conditions persist. 7. All power equipment,tools,and other related items shall be contained in an enclosed structure when not in use and a 6 ft. high sight obscuring fence shall be erected along all property boundaries adjoining residential uses. 8. All uncut logs delivered to the property shall be cut and stacked within 72 hours of unloading. # Butte County Development Services Department # Planning Division # 12 Use Permit:David Lynch,#95-139 DATA SHEET A. Project Description 1. Type of Project: Use Permit 2. Proposed Density of Development: n/a 3. Amount of Impervious Surfacing: Accessory buildings. 4. Access and Nearest Public Road(s): Doe Lane 5. Method of Sewage Disposal: Individual septic systems. 6. Source of Water Supply: Individual wells. 7. Proximity of Power Lines:To property. 8. Potential for further land divisions and development: n/a B. Environmental Setting 1. Terrain a General Topographic Character: Level b. Slopes: 0-5% c. Elevation:2600 feet above sea level. d. Limiting Factors: None 2. Soils a. Types and Characteristics: Aiken Clay loam b. Limiting Factors: None 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Low c. Landslide Potential: Low d. Fire Hazard: High e. Expansive Soil Potential: Moderate 4. Hydrology a. Surface Water: None. b. Ground Water: Unknown, potentially limited aquifer. c. Drainage Characteristics: good d. Annual Rainfall (normal): 60 inches per year. e. Limiting Factors: None 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good 8. Vegetation: Mountain timber,scrub 9. Wildlife Habitat: Rural homesites in mountain timber area, habitat poor 10. Archaeological and Historical Resources in the area: Low Sensitivity area. 11. Butte County General Plan designation: Timber Mountain 12. Existing Zoning: TM-5 13. Existing Land Use on-site: Rural Residential,vacant timber land. 14. Surrounding Area: a. Land Uses: Timber and rural residential. b. Zoning: TM-1,TM-2.5,TM-5 c. Gen. Plan Designation:Timber Mountain d. Parcel Sizes: 1 - 100 15. Character of Site and Area: Rural mountain.residential 16. Nearest Urban Area: Paradise 17. Relevant Spheres of Influence: None 18. Improvement Standards Urban Area: None 19. Fire Protection Service: a. Nearest County(State) Fire Station: Station number 33 approximately 5 mile away. b. Water Availability: Fire tankers only. 20. Schools: Paradise School District(s). # Butte County Development Services Department # Planning Division'# 13 Use Permit: David Lynch,#95-139 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault 8pj ty Map 11-1. Seismic Safety Element, Oroville,CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2. Seismic_ Safety Element. Oroville,CA: CH2M Hill, 1977. 3. Butte County Planning Department Subsidence and Landslide Potential Map 111-1. Safety Element. Oroville,CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2. Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3.Safety Element. Oroville,CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1,Scenic Highway Element. Oroville,CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Maw Oroville,CA: James P.Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA.. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency,State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No.67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. Bangor 15 Minute Quadrangle 15. Soil Map. Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926)Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. # Butte County Development Services Department # Planning Division # 14 w ' Gv Q Q � e V tt G\ ) MCq V,O /y R �� tyJ.9S'Ss/ It _ -- 3 4n � (CIL II YIW y�Fa � 2 vo �>ll'1 V I Q♦ - J's �� h W irk c _ � f i h � r v� i w - r M NZ n 4 O r� --� �— INI iss.ss•�RI � ' G.V. —_ to ba Ilk�way rY 8 Ro Il `(Z � � N �3 � � �• � iz c y LO`1 -J . a � .. � '6utte u nt LAND OF `\I A r I j RAI Y" r- DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18-B County Center Drive 1469 Humboldt Road 7 County Center Drive 747=om-Read Oroville, CA 95965 Chico, CA 95928 Oroville,CA 95965 R&Md6e'-eA-""9 (916)538-7282 (916)891-2727 (916)538-7281 FAX (916)538-2165 FAX (916)895-6512 FAX (916)538-2140 Planning ftoaqment March 14 , 1995 MAR 15 1995 David Lynch OroviJ10,Q11ijornia 7500 Skyway Paradise, CA 95969 SUBJECT: Use Permit Application, 15305 Doe Ln. , Magalia CA; APN 065-070-024 Dear Mr . Lynch: This letter is in response to the Use Permit Application received March 9, 1995 . In order to proceed with our assessment additional information is required. 1 . A revised plot plan showing location of purposed 40 ' x 40 ' building and if water will be supplied to the structure. if so, show purposed area for septic system. 2 . on the plot plan show log storage/processing area to insure damage to the existing septic system will not occur by way of heavy equipment , storage or processing activities . If you have any questions , please contact me at the Chico office listed above between 8 and 9am, Monday through Thursday . Sincerely, Greg on, E. S . Division of Environmental Health GL/dd/ land/lynch cc Butte County Planning A CLEAN INDOOR AIR ENVIRONMENT FOR A HEALTHIER TOMORROW l 41— L), -,8�95 L),Tc— Com. 0�j+N� • CoJ by o20i(L i 15-00Va 63 UCAS �Y 1A)o • ��a-t- Pv4N �o2 15.3o5 pow #464 L ou I cOF; >`9_9 .� w Y _ .:. ... i � �� I �. • � � • 1 _._� 1 ' t � � �� i �, ,1 . ��, � . _ � ._ � _ , - � � � s . .1 a . � •a � _ _ a � ,. � � • x � i� , � � f -G �'' _ . . •� ,rte �s ,t , \ '� •.� --� �� Y e. `t BUTT OUNTY PLANNING COMMISSION - s W County Center Drive Oroville, CA 95965-3397 (916) 538-7601 TO: Environmental Health DATE: March 6, 1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION LYNCH, DAVID - Use Permit AP# 065-070-024 Enclosed is preliminary data our office has received or generated concerning the following project: Use Permit to allow a wood lot for commercial firewood processing and storage. Located on the west side of Doe w. Lane, approximately 500 ft. south of Rambling Way at 15305 Doe Lane, Magalia. Zoned TM-5 WP. r We are making an assessment of possible environmental impacts and will be preparing an environmental document, either a Negative Declaration, Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Please provide any , factual statements, - ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts that this project may generate. Please respond within 1�4 days of the above-noted date. If no response is generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are potential from the project. Planning Department We appreciate any assistance you can provide. APR 1 11995 Sincerely, Orovlile,California Environmental Heaith ierivironmental Hearn Mia 0 9 Larry Pa' er MAR 0 7 1995 • Planning Technician /,, 77 f69 �®f1�1�1 rOVllle, California Comments: R 'L� Gl'�L CLN'1 "V O - -2 .c552ahc_, VC,Aewl 4,�- "Ie,k>w e- Does your agency wish to receive a copy of the environmental document (initial study for Negative Declaration (with or without Mitigation Measures) or EIR for this project) . Yes No Nei s t� i. BkWE COUNTY PLANNING COMMI ON 7 County Center Drive Oroville, CA 95965-3397 (916) 538-7601 I TO:. Fire/CDF -DATE: March 6, 1995 RE: PROJECT REVIEW & ENVIRONMENTAL EVALUATION LYNCH, DAVID - Use Permit AP# 065-070-024 Enclosed is preliminary data our office has received or ,-generated . concerning the following project: Use Permit to allow a wood lot for dommercial fiiewood processing and storage. Located on the west side of Doe Latie, approximately 500 ft. south of Rambling Way at 15305 Doe Lane, Magalia. Zoriad�TM=5 WP. We are making an assessment of possible environmental impacts-and will be preparing an environmental document, either a Negative Declaration; Negative Declaration with Mitigation Measures or an Environmental Impact Report (EIR) . Pease provide any factual statements, .. ideas for investigation, or opinions you can offer in your area of concern or expertise that relate to either physical, social, or economic impacts. that 'thi$ 'pro j act may -generate. Please respond within 14 days of the above-,noted date. . If no j - response -is -generated by this inquiry, then it shall be assumed that there are no significant environmental impacts which are " 1 potential from the project. We .appreciate any assistance you can provide. Pla S ihcerely, �Nlslon. FEB 3 1995 . ' orov'110, Cailtornia try,Pa er Planning Technician w Comments: ♦'.�C� a I h,�/►rtd G�-a-t-c�q', 3--�7-�j I "Does 'yout•'agency wish to receive a copy of the environmental } document (initial study for -Negative- Declaration (with or without' Mitigation Measures) or EIR for this project) . - - es No • a Inter-Depart' : Memorandum TO: , Larry Painter, Planning FROM: Steve Brown, County Fire Warden SUBJECT: Lynch use permit AP# 65-07-24 DATE: March 9, 1995 The following are the Fire Department requirements for the proposed use permit for a wood -lot at 15305 Doe Lane-in Magalia: 1. An all weather driveable 30 foot cleared area around the property along the property boundary. This includes all flammable vegetation. 2. The stacks of wood are not to exceed 12 X 12 feet wide and 5 feet high. There must by a 10 foot space between the piles and they cannot be any closer to the. propane tank than 30 feet nor within 80 feet of the mobile home. 3 . Fire fighting tools such as a shovel and fire extinguishers are required to be on site and readily available in case of an emergency. If there are .any questions please contact Ted Crawford at 538-. 7994. Steve Brown County Fire Warden By:_ Ted, Crawfor Fire Protection Planning CC: T. Crawford B. Holmes D. Waugh H. Brachais BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 10, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED i 9:00 a.m. - David Lynch - Use Permit to allow-a wood lot for commercial firewood processing and storage on property zoned TM-5 (Timber Mountain - 5 acre parcels) located on the west side of Doe Lane, approximately 504 feet south of Rambling Way at 15305 Doe Lane, identified'as AP 065-070-024, Magalia. (SL) (95-139) The above mentioned applications, Negative Declarations, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Paradise Post on Thursday, July 20, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 10, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - David Lynch - Use Permit to allow a wood lot for commercial firewood processing and storage on property zoned TM-5 (Timber Mountain - 5 acre parcels) located on the west side of Doe Lane, approximately 500 feet south of Rambling Way at 15305 Doe Lane, identified as AP 065-070-024, Magalia. (SL) (95-139) The above mentioned applications, Negative Declarations, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive;Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone,else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Paradise Post on Thursday, July 20, 1995. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, August 10, 1995, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County.Center Drive, Oroville, California, regarding the following item at the following time: ITEM ON WHICH A NEGATIVE DECLARATION WITH MITIGATION MEASURES REGARDING ENVIRONMENTAL IMPACTS HAS BEEN RECOMMENDED 9:00 a.m. - David Lynch - Use Permit to allow a wood lot for commercial firewood processing and storage.on property zoned TM-5 (Timber Mountain - 5 acre parcels) located on the west side of Doe"Lane, approximately 500 feet south of Rambling Way at 15305 Doe Lane, identified as AP 065-070-024, Magalia. (SL) (95-139) The above mentioned applications, Negative Declarations, and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION BARRY K. HOGAN, PLANNING MANAGER To be published in the Paradise Post on Thursday, July 20, 1995. fix PS-41M 0415-'L P A/6, - p �Y x i +.nEAnoWFl�art- �q. p;7uCu c5AI-CU4A760 471,1`6 Y, Ar /Coo/I/O 461 All 2, lO rr� r t 2 7S Lr,r"".. iG+��S�.�" �e`P�+�a/d I"Ss'•./i6 � �/ f / L 2" '� � X1 To .' - F ilk �} 119 YAICXI 2 7, -�n -5 .�, 3° a 11 * 4111,Ile C aG ) clVIL ENGINEERS LAND jj� s,,o SURVEYORS a c I -at 4r(j s P.O. BOX 986 OROV.�L.B', C;A.J�. 95965 k.k .J9 Ph. (916) 534-958 , ; .._