HomeMy WebLinkAbout040-224-001777
A77�7- 7'
PROJECT SIJMMAR)�' SHEET
P611 File: No.
nuit W.
'DDING B
BUTTE COUNTY -FIRE DEPARTMENT. BI LL Rj� AVALION CHIEF--
licant Representative
ADDRESS:
OROVILLE, CALIF ._95965
PHONE:
Property, Owner, Address
VARIANCE TO THE SIDE YARD SETBACK TO -ALLOW A BUILDING TNCHE§
PROJECT DESCRIPTION:
EROM XN!!:A=
on property zoned 1--3 located _ 0�1 T11E SOUTH EAST CORNER OF GOOD SPEED AND CAMPBELL
SIRVEIR, T)TTPJIAM
—identified as AP _04-224-001 (ownlarea DURHAM
DATE -
General Plan Designation Map #
Pre -App Fee Paid: $ Receipt No.:
Applioation Accepted:
Final App. Paid- $ Receipt No.,
Rezoning Petition signatures checked Percentage
Mailing List Prepared
Notices Mailed Number: News: Public:
Legal Description prepared
Publicatilon Notice Written
Display Ad Prepared
Newspaper Publication 0 r t4 I R Date of Pub.:
Wtial Study Prepared
Envirournental Detenninadoni I 5� 6) Categorical Exemption
ive Declaraflion
Nagatt
Mitigated Negative Declaration
Environmental Impact Report
Other
State Clearinghouse Number:
Applicant/Repr6sentAtive, Notification of Enviltonmaital Determination
_w
6,:)
Planning Coninilssloil Heatifig(s):
toard of 8upervil§drs' Hearl'1190!
Butte Counjy Fire Department (Item determined to be exempt from
Euvironmental Review) Variance, to the side yard setback to allow a building 6
inches from property tine on property zoned R-3 (Reside.-atial) located on the.
southeast corner of Goodspeed and Campbell Street, identified as AP 00,�-224-
001, Durham. (LPW) (VIDEO)
The Commission waived the reading of the Staff Findings.' A video of the site was
Shown.
Commissioner Ferguson asked if the pole in the video was a power pole with power lines
and would these lines be over the building?
Chairman Lynch said he thought the pole was a lamp post.
Commissioner Ferguson asked what the underground storage tank wag being used for?
He also asked why the Fire Department can not conform to the 5 ft. setbLck regulation?
Staff said the applicant would have to answer those questions.
Commissioner Sessions said if the building was 5 feet shorter the fire trucks would not
fit.
Chairman Lynch noted that there are other structures within 6 inches of the alley on
adjacent property.
Commissioner Lambert discussed putting in a fire walli
Staff said it is usually required to put in a fire wall in a residential R-3 area,
The hearing was opened to the public.
B1411 Redding, CI)F, said the building.wasused for a residence fire station and is now
being used as a volunteer meeting hall. He said the power pole on t - he street frontage
will, be removed'. He said the 550 gallon underground tank is for diesel fuel, that the
double wall tank- was recently installed to replace ail old tank, and was approved by
Environmental Health.
I The -hearing was closedi
Commissioner Sessions said this use was needed and he would vote for approval.
9 3,
9/,kk T.—
'T C: I UT
"B T r�,'C-Jtjmq�y' J'Si6q, K---
Chairman Lynch said with other property in the area encroaching on the all ey, to deny,
this application would be to deny the applicant the same privileges enjoyed by other
property in the vicinity..
It was moved by Chairman Lynch, seconded by Lambert, and unanimously carried for
approval as follows -
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
MARCH 24, 1993; MAKE THE FINDINGS LISTED UNDER "N'; AND
MAKE THE MOTION AS OUTLINED UNDER "B", INCLUDING THE
CONDITIONS.
A. Find that -
1. The proposed project is categorically exempt from provisions of the
California Environmental Quality Act in accordance with Section 15305,
Class 5(a) of the California Public Resources Code.
2. There are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, that the strict application of
this chapter deprives the property of privileges enjoyed by other property
in. the vicinity and under identical zoning classification because there is
property close by Which encroaches on the property line; and
B. Approve the proposed Variance to allow a structure'6 inches from the property
,line instead of the required 5 feeti on AP 040-224-001 (Butte County Fire
Department) subject to the following conditions:
1. Applicant must comply with; Environmental Health requirements.
2. 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
approvedi Changes deemed Ito be major or significant in nature shall
require a formal application for amendment,
3. Applicant must also comply, With all Other applicable State and local
statutes, ordinances, and regulations.
40
11 �LANN, NG S StbN AIMJ�tS Ap;�:i 1. 8 15 8
mo, . , , "
FILE NO.: 040-224-001
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS March 24, 1993
APPLICANT:
Butte County Fire Department
OWNER:
same
REQUES,r:
Variance to sideyard setback to allow a structure
6"'from the property line instead of the required
5', and to allow a. structure 45' from road
centerline (eaves to be 40' from center -fine)
instead of the required 50'.
AP NO.:
040-224-001
SIZE:
0.25 acres
LOCATION:
Southeast corner of Goodspeed and Campbell
Streets, Durham
EXISTINGZONING-.
R-3
ZONING HISTORY:
Zoned R-3 8/14/73 by Ordinance 1380
SURROUNDING ZONING:
R-3, R4 and C-2
SURROUNDING LAND USE:
Residential and Commercial
SITE, 141STORY:
Butte C,,iunty obtained the property in 1958 and
the fire station has been in operation since,
GENERAL PLAN DESIGNATION:
Medium -Density Residential
si
APPLICABLE REGULATIONS:
California Government Code Sections 65905 and
65906, Butte County Code Sections 24-49
through 24-52, 24�33 (c) and 24-21,454.
rt��
BUITrE COUNTY PLANNING COMMISSION
STAFF FINDINGs - Marcn.24,1993
COMMENTS RECEI D:
Butte, County Fire De.12artment"/CDF: "No fire department objections."
Butte Cniintv PnWir, Works: "None"
Butte County Rnvir.nnt-nental Health: "I) Verify the location of existing septic systems on
property. Relocate through permit procedure, if necessary, to meet setback requirements from
building addition. 2) Verify the location of the existing underground storage tank on the
property. Meet setback requirements from building and/or provide engineered foundation
design adjacent to underground storage tank, as required by Environmental Health.:1
ANALYSYS:
This is a request to allow a remodel and addition to an. existing fire station 611 from side yard
property line, rather than the required 5' and to allow a structure 45' from road center -line
(eaves to be 401 from centerline), rather than required 501.
The project site is in an older, established residential neighborhood that backs up against a
commercial area. The. parcel is a corner lot with an, alley on the third side� restricting the
ul
possible building area. Application of the setback req rements, 50' from street centerline and
5' sideyard, of the R-3 zone creates an undue hardship. Due to the needs of the community,
the size of the existing fire station is no longer adequate. There is no alternative location,
onsite, for the expansion to occur. This remod6l/expansion will allow the fire, equipment to
be stored out of the weather in ft protected area.
Due to the use of the property as a fire station� rather than a private residen:ce� the need for
expansion is great. The sideyard setback area is the only space for expansion on thi's corner
lot. The 20' wide alley is a secondary access to the surrounding parcels and will not be
I
Impaired.
When considering a variance request, tl-ie Planning Commission muqt determine whether strict
application of the zoning cod,& deprives the property Of privileges enjoyed by surrounding
properties in the vicinity and tinder identical zoning classification. Variance from the toting Of
the zoning ordinance should be granted' only when, because of special circumstances applicable
to the property including size, shape topography, location or'81irrotindings, the property I
Is
discriminated- against by a given requirement of the ordinance. in addition, State Law requires
that any variance granted shall be subject to such conditions as Will assure that the adjustment
thereby authorized will not constitute a granting of special 1privileges inconsistent With
limitations upon other properties in the vicinity and zone in which such property is situated.
The proposed project is categorically exempt from the provision.,, of the California
ElIvIfOrime! al Quality Act In accordance with 8ection 15805, Class 5(a) of the California
2
BUI-TE,COUNTY PLANNING COMMISSION
STAFF FINDINGS - March 24, 1993
Public Resources Code.
RECQMMENDATIONS:
MOTION: ACCEPT THE RECOMMENDATIONS OF STAFF MEMO DATED
March 24,1993; MAKE THE FINDINGS LISTED UNDER "A!"; AND MAKE
THE MOTION AS OUTLINED UNDER "B", INCLUDING THE
CONDITIONS.
A. Find that:
1. Theproposed project is categorically exempt from provisions of the California
Environmental Quality Act in accordance with Section 15305, Class 5(a) of the
California Public Resources Code.
2. There are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, that the strict application of this chapter
deprives the propeqy of privileges enjoyed by other property in the vicinity and
under identical zoning classification because and
B. Approve the proposed variance to allow a structure 6" from the property line instead
of th, required 5', on AP #040-224-001 (Butte County Fire Department) subject to the
following conditions:
1. Applicant must comply with Environmental Health requirementsi
2. Minor changes may be approved administratively by the Directors of
Environnientat Health, Planning Or Public Works'upon receipt of a.substantilated
written request by the applicant and only to those conditions Or requirements
recommended by their respective departments. Prior to such approval,, verification
shall be made by each Department or Division that the modification is consistent
w I h the application, fecs paid and environmental determination as conditionally
it
approved. Changes deemed to be major or significant in nature by the
respective/affected Department I -lead shall require the applicant to submit an
amendment,
8. Applicant must comply with all a
I pplicable State and local statutesi ordinances and
regulations.
LPW:lw
Attachments to Commission and Citios:
Site Plan
Location Map
Findings of Fact
APPLICATION FOR V'
ARIANCE
BUTTE C01WTY PLANNING COMP111-581WIN
APPLICANT: Read and follow Instructions as set forth on attached sheet.
Applicant's Name COL,(,V-I-[ Or- �ccn-,6�1, r -(RL DEP121fo No.
Applicant's Mailing Address-- U 0 /&&6— qS-91 ez-
Applicant's Interest in property (Owner, lessee, other)
Owner's Name and Address
Contact Person for Project (it other than applicant) 01�fA54
Assessor's Parcel Number(s)-040- Z,24— 'Present Zoning 9-
L tlon and size of parcel(k) NAAPS&J,J� 4,Vb c 0 6 -0-1 11F, 9-11 Z7, 6 1 CIR/46J
Street address Y2011,11r, 11�,tj R, 14-4-,--,
V—
Directions for travel to property (rural and mountainous areas only) --
-J
mi Type of variance requested:
114- Lot area or building site Mobile home size
Lot Width Parking requirements
F ront yard setback Livestock requirements
—,X-4�-S1:d?or rear yard setback Sign requ lrement�
Othur (specify)
D s ription of proposed use and reasons foe variance because of special circumstances (refer to Instruction No, 6 on attached sheet)
-J Mi!41-VtL R�!RUIRFb---T-6 ALLOW-CONS-r9ric,110AI nr- d6l AM -06A If I S
a.
CL -Wlik F(
V � I W _��L 1FA-1 FA/ -J-Z
Rk- Koas-�--o mo- r- Lj tsh-/V-r/l --FAo,v-"
Description of eXisting land use
EXIst1hg/Proposdd sewage disposal method: U
Proximity of power and phone 11hes: C--J5V
�Q
Water source: - - J) �k 18N 14-A I A -A 16 A I 10 A) I S L C:Y—
Proximity of water for flee fighting purposes (hydrants, p6nds, b1c,)
E 12 YV-f h- - CA 1)s S - 7-9 z-5 Tnc 11-- 0 �A P,,4/Re,,A_
Will excaVatlon.oe grading be necessary! Oublo yards (estimate) NO
List and describe any Other �elated permits and other p bi o approvals, required for this Project. Ih6lUdI those teqUIrpd by
tA 14
it -81, 7 -. MA 6 v 6
blty� regiOnalo Staid and Federal agenclost P, �t 1-6 �,V 6 D 6
s
The following,quugtlons pertain only, to variances to theiii.0olmulm parcel size required within the zoring�dIsWot:
ENVIRONM ENTAIL IMPACTS AN D PIITIGAYION �MWXL07EF,*
Identify potentially s1ghIfIcant environmental Impacts associated with the variance. What, project design features or special
conditions of approval (mitigation measures) are proposed to alleviate potential environmental Impacts?
AO
ENVIRONMENTAL SETTING*
—J Describe the project site as It exists before the project, Including Information on topography, soll stability, plants find
—J animals, and any culturali historical of scenle aspects. Describe any existing structures on the site, and the use of the
structures.
Di)scrlb,e the surrounding properties, including Information on plants and animals and any cultural, historical or scenic aspects.
Indicate the type.of land use (residential, commercial, etc.), Intensity of land use (slngle-famlly� apartments, shops, depart-
ment stores, etc.), and scale of development (height, frontage, setback, rear yard, etc,,).
Use separate sheet for longer responses.
"Imp
Alll)-
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 bellefb
Date Applicant's signature - — -----
Date__a Property owner's signature
Variance number
Request: Variance to
Location and size of parcel(s): located an the
—JI VERIFY:
AY, Number(s) Zoning sind Requirements
Ownership Location Description
Proof of Agency (11 heeded) 2 0 copies of Plot Plan
W
C41
Date Received I Al I $
::3 � I I -. hecelpt Number ftF==2 W�' U�
Application Takbh 13Y— LA, -J 1. 1 1 1 .
LU
ILL
COUNTY OF BUTTE'
P 0 13OX 2,71
DURHAM CA
95?8t3-0271
060,010,
L 040 2el 030 0 0
0',
STATUS:
ACTIVE
L 040 224 00i 000
�), u 8 1
8"
T
flATOR'CLARASEL E AL
. /
ZnUNTY �'OF BUTTE'
1
�.Pl 0 13OX 271
. OVIL
DURHAM CA
9593B-0271
00000
L: 040 222 004 000 STATUS:
NIGH DALE W & EVA M
ACTIVE
L: 040 221 013 000
STATUS:
ACTIVE,
HAMILTON ROGER & CATHY JT
9320 LOTT RD
DURHAM CA
95�38
9164 STANFORD LANE
DURHAM CA 95938
L: 040 222 004 000
STATUS:
ACTIVE
L: 040 821 013 000
STATUe;
ACTIVE
DAIGH DALF. W & EVA M
HAMILTON ROGER & CATHY JT
93eO LOTT RD
DURHAM CA
95938
0164 STANFORD LANE
DURHAM CA
93938
L: 040 222 006 000
STATUS:
ACTIVE
L: 040 221 014 000
STATUS:
ACTIVE
FORD MAUDE ETAL TO
8AMUELSON LESTER L
& BETTY B
P 0 BOX 16
DURHAM CA
95938
P 0 BOX 56
DURHAM CA
9593B
L* 040 2P2 006 000
STATUS:
ACTIVE
L: 040 221 014 000
STATUS:
ACTIVE
FORD MAUDE ETAL TC
SAMUELSON LESTER L
& BETTY 8
0 0 BOX 16
P 0 BOX 56
DURHAM CA
95938
DURHAM CA
95928
L: 040 281 016 000
STATUSt
ACTIVE
AMATOR CLOABEL ETAL
BOX 271
DURHAM CA
95938
L: 040 228 001 000
STATUS:
ACTIVE
Li 040 221 016 000
STATUS:
ACTIVE
MORRISON JERRY E & MARGARET E
AMATOR CLARABEL ETAL
P 0 BOX 787
BOX 271
DURHAM CA
959218
DURHAM CA
98938
Li. 040 228 007 000
STATU8:
ACTIVE
L: 04o 221 02B 000
8TATUSo.
ACTIVE
MORRISON jE"RY E & MARGARET
E
SMITH DAVID D & KATHLEEN T N
P 0 'BOX 727
p 0 BOX 028
DURHAM CA
95938
DURHAM CA
95980
L: 040 8283 018 000
STATUSt
ACTIVE
L: 040 881 08a 000
STATUS-
ACTIVE
LYMAN WILLIAM NORTON
& DEBORAH
JT
SMITH DAVID D & KATHLEEN T N
gasa THE; MIDWAY
P 0 Box 820
DURHAM CA
Y5930
DURHAM CA
�5139
L,: 040 8e8 o14 000
STATUSi
ACTIVE
Li 040 281 089 000
STATU8-.
ACTIVE
LYMAN WILLIAM NORTON
& D500RAH
JT
HORN HOWARD 8 88
q8S3 THE MIDWAY
DURHAM CA
95Y80
4e75 RANCHO ROAD
CHICO CA
95986
L., 040 222 014 000
STATUS:
ACTIVE
Li 040 221 029 000
STATUS:
ACTIVE
LYMAN WILLIAM NORTON
& OEOONA14
jT
HORN HOWARD 8 86
gasa THE, MIDWAY
40b RANCHO ROAD
DURHAM CA
yb988
CHICO CA
Y89�6
fit) Li. 040 283 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
P 0 BOX 168
DURHAM CA 95938
Li$ 040 828 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
0 0 BOX 163
DURHAM CA 95938
Lo 040 823 010 000 STATUS6 ACTIVE
8ONST8NG ROBERT & CHIMENE 0
Y835 GOODSPEED ST
DURHAM CA 95988
go L� 040 283 010 000' STATUS: ACTIVE
SONSTENG ROBERT & CHIMENE R
9888'GOODSPEED ST
DURHAM CA 9-5930
If-
zq
IkN
1-1
LYMAN Wil-LIAN NORTON 'DE BORAI�, J I-
�' 0 BOX 725
DURHAM CA 95�38
1,6
A J, J� 0�j
DURHAM
CA
95938
CA
EVANS FRANK ESTATE OF
L; 040 223 008
GOWAN TRUST
STATUS: ACTIVE
L- 040 883 005
o
FRANKLIN JAMES
9a53 T� IE, M.1 DWAY
SARA F FAMILY TRUST
CLAREt�'DNT CA 91711
ANDEROON CRYSTAL
GOWAN ROY'L
JOYCE
K TRUSTEES,
EVANS FRANK ESTATE OF
UPHAM
CA 95938
CARTER MADELIENE E ETAL
P 0 BOX e3i
DURHAM
CA
95938
CLAREMONT CA 917ii
o
Lt 0110 823 005 000 STATUSO ACTIVE
Lt 040 223 006
DURHAM
CA
-9 59238
L: 040 223 006
000 STATUS: ACTIVE
0
BOX 811
'DURHAM
AMATOR CLARAB.EL
El'�L
L: 0 40 2218, 011
10
STA TU��'ACTIVE'�
L6 040 888 006
000
STATUS: ACTIVE
GOWAN TRUSI
T
ETAL
BOX 271
BOX 271
GOWAN ROY L &
JOYCE
K-�,, TRUSTEES
DURHAM
CA 95938
95980
0
p 0 BOX eal
'CA
DURHAM
95988
L: '040 223 006
000 STATUS: ACTIVE
o
AMATOR CLARABEL
ETAL
L: 040 223 002
000
STATUS: ACTIVE
FREDERICK JOHN
MARK
& KAREN SUE
SPY 271
0
DURHAM
CA 95988
P 0 BOX 787
DURHAM
CA
95938
L 040 2�3 007
000 STATUSi ACTIVE
0
ZILLHER BRUCE &
DOROTHY CP
0
L: 040 223 002
000
STATUSo. ACTIVE
'KAREN
FREDERICK JOHN
MARK
& SUE
653 CANYON ROAD
0
'787
REDWOOD CITY
CA 94062
o
P 0 BOX
DURHAM
CA
95938
L: 040 823 007
000 STATUS! ACTIVE
0
ZILLMER BRUC8 &
DOROTHY CP
o
L: 040 223 003
000
STATUS: INACTIVE
BALLARD ANCEL
J & RUTH C
653 CANYON ROAD
0
I
REDWOOD CITY
CA 94062
0
PO BOX 246
DURHAM
CA
95938
L: 040 223 008
000 STATUS: ACTIVE
FRANKLIN JAMES
C &I SARA F FAMILY TRUST
0
L: 040 223 003
000
STATUS: INACTIVE
FRANKLIN JAMES
C & SA I RA F TRUSTEES
BALLARD ANCEL
J & RUTH
C
V
fit) Li. 040 283 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
P 0 BOX 168
DURHAM CA 95938
Li$ 040 828 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
0 0 BOX 163
DURHAM CA 95938
Lo 040 823 010 000 STATUS6 ACTIVE
8ONST8NG ROBERT & CHIMENE 0
Y835 GOODSPEED ST
DURHAM CA 95988
go L� 040 283 010 000' STATUS: ACTIVE
SONSTENG ROBERT & CHIMENE R
9888'GOODSPEED ST
DURHAM CA 9-5930
If-
zq
IkN
1-1
PO BOX 846
�' 0 BOX 725
DURHAM CA 95�38
DURHAM
CA
95938
CA
EVANS FRANK ESTATE OF
L; 040 223 008
000
STATUS: ACTIVE
L- 040 883 005
o
FRANKLIN JAMES
C &
SARA F FAMILY TRUST
CLAREt�'DNT CA 91711
ANDEROON CRYSTAL
FRANKLIN JAMES
C &
SARA r TRUSTEES
EVANS FRANK ESTATE OF
P 0 13OX 94
CARTER MADELIENE E ETAL
0
DURHAM
CA
95938
CLAREMONT CA 917ii
fit) Li. 040 283 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
P 0 BOX 168
DURHAM CA 95938
Li$ 040 828 009 000 STATUS: ACTIVE
WELLS HUGH E ETAL
0 0 BOX 163
DURHAM CA 95938
Lo 040 823 010 000 STATUS6 ACTIVE
8ONST8NG ROBERT & CHIMENE 0
Y835 GOODSPEED ST
DURHAM CA 95988
go L� 040 283 010 000' STATUS: ACTIVE
SONSTENG ROBERT & CHIMENE R
9888'GOODSPEED ST
DURHAM CA 9-5930
If-
zq
IkN
1-1
PO BOX 846
�' 0 BOX 725
DURHAM CA 95�38
0
L: 040 223 004 000 STATUS: ACTIVE
0
CA
EVANS FRANK ESTATE OF
fo
CARTER MADELIENE E ETAL
L- 040 883 005
o
986 HIGH POINT DR
CLAREt�'DNT CA 91711
ANDEROON CRYSTAL
C &
L: 040 288 004 000 STATUS: ACTIVE
EVANS FRANK ESTATE OF
P 0 BOX 785
CARTER MADELIENE E ETAL
0
886 HIGH POINT DR
DURHAM
CA
CLAREMONT CA 917ii
o
Lt 0110 823 005 000 STATUSO ACTIVE
Lt 040 223 006
000
ANOtRSUN CRYSTAL C & ANNA
ip
�' 0 BOX 725
DURHAM
CA
95980
fo
L- 040 883 005
000
STATUS: ACTIVE
ANDEROON CRYSTAL
C &
ANNA
P 0 BOX 785
DURHAM
CA
95930
Lt 040 223 006
000
STATUS- ACTIVE
AMATOR CLANA8�L
ETAL
0
BOX 811
'DURHAM
CA
98980
L6 040 888 006
000
STATUS: ACTIVE
ETAL
BOX 271
DURHAM
CA
95980
. J�A,
Dt,,partment of Development Services
PLANNING DEPARTMENT
7 COUNTY CENTER bRIVE - OROVILLE,,CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
April 290 1993
Butte County Fire Department
176 Nelson Avenue
Oroville, CA 95965
0-0
Re- Variance, AP 004-224-001
Gentlemen:
Enclosed is your validated Variance No. 93-08 to the side yard setback to allow a
building 6 inches from property line on property zoned R-3 located on the southeast
corner of Goodspeed and Campbell Streets, Durhami
Should you have any quest -ions regarding this matter, please contact this office.
Sincerely,
B, Xircher-
Director of Planning
BAK:lr
Enc.
cc! Land Development Division
Building Division
Envirohmental,+Iealt� xi:
Department bf, Forestry
VARIANCE
BUTTE COUNTY PLANNING COMMISSION April 19,1993
DATE
93-08
VARIANCE NO.
AP dk.224-001
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the
special conditions set forth below: Butte County Fire Department is hereby granted a
Variance in accordance with application filedi 1/23/93 to the side yard setback to allow
a building 6 inches from property line on property zoned R-3 located on the southeast
carrier of Goodspeed and Campbell Streets, Durham.
SPECIAL CONDITIONS:
1. Applicant must comply with Environmental Health requirements.
2i Minor changes may be approved administratively by� the Directors of
Environmental Healthj Planning or Public Works upon receipt of a substantiated
written request by the applicant and only to those conditions or requirements
recommended by their respective departments. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent
with the applicationo fecs paid and environmental determination as conditionally
approved. �Manges deemed to be major or significant in nature by, the
respectilve/affected Department Head shall require the, applicant to submit an.
amendment.
1 Appli.cant must comply with all applicable State and local statutes, ordinances and
regu lationsi
I hereby declare tinder 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 variance, aftc! .-hat I agree to abide fully by said conditions.
Dated:
Applic t
NOT& Issuance of this variance &,is not waive requirement of obtaining Building and
Health Department permits before �tarting constrtiction� nor does it Waive any other
requirernentsi
El�iairinan_BiHtt�__Co'A WtPlantilng Commission
C Q. Land Development, BU111ding t"Mislion
Health 0epartmentj Departmt lit of Forestry
j I
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Butte, Am
Department of Development Services
PLANNING DEPARTIVIEN7
7 COUNTY CENTER DRIVE - OROVILLE� CALIFORNIA 95965-3397
TELEPHONE! (916)'538-7601
April 19, 1993
Butte County Fire Department
176 Nelson Avenue
Oroville, CA 95965
Re: Variance, AP 004-224-001
Gentlemen:
We are enclosing the original and one copy of your conditional Variance No. 93-08 to
the side yard setback to allow a building 6 inches from the property line on property
zoned R-3 locate don the southeast corner of Goodspeed and Campbell Streets, Durham.
Both copies must be signed and returned to this department within 30 days from the
receipt of thi's letter, We will then have them validated by the Chairman of the Butte
County Planning Commission and he original will be returned to you for yourrecords.
Please be aware that failure to retL �. Jiie signed copies within 30 days will result in the
use pernn't becoming invalid, Re-application to thi's department would then be necessary
to proceed with the project.
Should you have any qyestions regarding this matter� please contact this office.
Sincerely,
Bi A. Kircher
Director 'of Planning
BA1<:lr
Enc,
10
eoua
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3307
TELEPHONE: (916) 538-7601
April 8, 1993
Butte County Fire Department
Bill Redding
176 Nelson Avenue
Oroville, CA 95965
Re4 Variance, AP #004-224-001
Dear Mr. Redding:
At the regular meeting of the Butte County Planning Commission held April 8, 1993,
vour request for a Variance to the side yard setback to allow a building 6 inches from
property liine�on property zoned R-3 (Residential), located on the southeast comer of
Goodspeed and Campbell Street, Durham, was approved subject to the following
conditions:
1. Appll'c,-.nt must comply with Environmental Health requirements,
2. Minor changes may be approved administratively by the Director of Development
Services upon receipt of a substantiated written re . quest by the applicant. Prior
to such approval, verification shall be made by each Department of Division that
the modification i's consistent With the. applij.:ation, fees paid and environmental
determination as conditionally approved. Changes deemed to be major or
significant in nature shall require a formal application for amendment.
3. Applicant must comply with all applicable State and local. statutes, ordinances and
regulations.
Should,you desire to appeal any of the conditions imposed by the Planning Commissiono
you must do so In writing to the Clerk of the Board of Supervisors, 25 County Center
Drive, OroVilld, Callfc1nia, prior to. 5600 pimit Friday, April 16� 1993o If you do not
appeal and if there arc no other appeal within the 8�-day appeal period, itout use permit
will be issued after April 16, 1903,
f fe a January
Recenfly onacted legisla' on -'(A,13 3158, Chapter 1706, Statut s of 1990, e ctiv
1, 1991) requires that the Department of Fish and Game impose and collect filing fees
as specified to defray the cost of managing and protecting fish and wildlife trust
resources. These filing fees are collected during the environmental review process and
are to be paid at the time the County files a "Notice of Exemptiod' with the County
Clerk pursuant to Section 21152 of the Public Resources Code.
To increase administrative efficiency, the statute delegated the collection of filing fees
to the County Clerk and provided the County authority to collect a $25.00 documentary
han,-Iling fee. The fees due for your pr ject are as indicated on the attached Declaration
01
of Fees Due. Checks made payable to the County should be submitted to the County
by April 20, 1993.
Proj I ect applicants should be aware Section 21089(b) of the Public Resources Code,
provides that any project ap�oved under CEQA is not operative, vested, or final until
the filing fees required under Section 711.4 of the Fish and Game Code are paid.
Should you have any questions regarding this matter, please contact this office.
Sincerely,
AB.A K 6ir c h eer�
Director of Planning
BAK-jlo
Aurto couni
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
March 12, 1993
Butte County Fire Department
176 Nelson Avenue
Oroville, CA 95965
Re: VarianceAP 040-224-001
Gentlemen:
Enclosed is a copy of the Staff Findings concerning your application for a Variance to
the side yard setback to allow a, structure 6" from the property line instead of the
required 5' on property zoned R-3 located on the southeast corner of Goodspeed and
Campbell Streets, Durham.
Apublic hearing has been set for April 8, 1993 at 90 a.m. This meeting will be held
in the Board of Supervisors' Room, 25 County Center Drive, Oroville, Californiai
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
IHO a.m. and 3:00 p,m.
Sincerely,
Bi A. Kircher
Director of Planning
Lisa urvis Wilson
Assistant Planner
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BUrITE COUNTY PLANNING COMMISSION
NOTICE OF PUBLIQ HEART G
Notice is hereby given by the Butte County Planning Commission that public hearings
will be held on Thursday, April 8, 1993, 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 DEMR—MTNtD TO BE EXEMPT FROM
ENVIRONMENTAL REVIEW
9:00 Butte Counly Fire ael)artment - Varianc , to the side yard setback to
allow a building 6 inches from property line on property zoned R-3
(Residential) located on the southeast corner of Goodspeed and Campbell
Street) identified as A2 004-224-001, Durham.
ITEM DETERMINED TO BE -A GTENERALRULE EXEMPTION
Ir"In -%% X �� XTX rv— — — — — , - — -- ---- -
9-00 a.m.. Barbara J. Borger - -Use —POrmit to allow 1 act homesite segregation
Oil property zoned A-10 locate -1 on the west side of Esquon Road,
. appi I oximately 5600 feet north of Durham Oroville Highway, identified as
AP 040-110-008$ 042$ Durham.
The above mentioned applications 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
I -- 0- 0- 1, only those issues you or someone else raised at the public hearing described io-,
'ai,ing
t Is Ift WtitteD, correspondence delivered to the Planning Commission, at or
h notice or 1
prk— to, t ho public hearing,
13UrfTE COUNTY PLANNING COMMISSION
B. A, KIRCJAER� D=CTOR Or, PLANNING
To be publishbd in the Chico Enterprise Record on Thursday, March 18, 1903o
COUNTY PLANNING COMMI j4p
P1201111-1 DOP 7 County Center., Drive
Oroville, qA 95 965-3397
�A 538-7601 tnvironment-W Health
r
(916) JAN 7 �1993
DATE: JANUARY 2*11, 19931
'"LO: COUNTY ENVIRONMENTAL HEALTH Oroville, C�,!If6Mi
la
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
BUTTE COUNTY FIREDEPARTMENT
AP#04C,,.224-001
Enclosed is preliminary data our office has received or generated
concerning the following project4. VARIANCE TO THE SIDE YARD SETBACK TO
ALLOW A BUILDING 6 INCHES FROM AN ALLEY.
LOCATED ON THE SOUTH EAST CORNER -OF Gnon-SPZED AaD C-41412BELL STREETS, DURHAM
ZONED R-5
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 e:�pettise
that relate to either physicali social, or economic impacts that
this project may generate.
-noted datei If no
Please respond within 14 days of the above
response is generated by this inquiry, then it shall be assumed
that there Are no significant environmental impacts which ate
potential from the project.
We appreciate any assistance you can ptovidei
sincerely,
, 9�; PZ2�
Larry PaYnfet
Planning Technician
comments:1 +�A (Vc-k
AAa-m-r
4�WA
QA
60K W4, 4AJ4 -e. e-1 I
A41 -
a 'S+6e�
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4� 444�. Y�q 4'
e d*1vJt6hmdhtal
nc, h to receive a copy of th A
Does, your age y wl'S I .. - ta'tive Ded!AtAtiOft (With or without
document (initial study for Nec .
Mitiqati6h Measures) or EIR for this project).
yes No
.3
A �A�w 9-9z. -ruE �1 :51,, Et� H 111T C`h 1,
14
cct�,virv?, PLANi01VG COMM
t
7 Cc��OVA'-,Y center Drive
Orov, j.e, CA �ftV1r0hrnEvn1-q1
j916) 538-7601
J A N1 ? 199t3";
JANUARY 27, 093
-VJR0*1ENTAL T.1E OtWi1f% 004ornia
TO "I COUNTY EN A 1, �1, R
.EVIEW &
PROJtCT
EUVIRONMENTAL EV.A.LUAT101;
BUTTE COUNTY FIRE, DEPARTMT
APH040-224-001
datA our offioe has received or genatated
VARIANCE TO THE SIDE YARD SE!rBACK TO
concerning the
ALLOW FRO.,,! AN ALLEY,
r Sc=-E,:4s L-MR�",Ep
ZONED R.-5
al impact$ VAnd
We ate making all ar pc5ssible environi.
will be preparing a:�,i envtror�jmental docunent� either a Negative
Declaration, Noq4tive Declaration With Mitigation MeasurOS or an
tnviroftmentai Jzpa��t Report (EIR).
;0 provide any raotuj�l statemontsf ideas for investig'ati",
Plaa.� 'o- ill your area of concerIll or expatti.,,a
or opinion$ You (I&F, Ofr-_ vocialt or sconomic ivpactt that
tliat telate to EitlAer Phys'Cal?
this project Inay ��m-nerat4#
withir� 14- day!; of the abOve-nOted date' 'r no
raspoftd ed by thi�a inquiry, then it ShA1.1 be as$uAjed
resp011se is qeher4t
that th6ro are no rignilZicant environmel.1fal imparts which are.
potential froz the projeot.
we appreciAti� --anY a!r
..sistance you e4h provide,
rAktry Pa
Mal -
W
's
t)oes your aqeooy wish ive a copy of the,
dodument (Illitia 1 OtUdy fo,e tlegative Ddolar4t_jon (wiLh or Without
or tIR 'for thi3 ProJact)
Mitigation
)E COUNTY PLANNING CIOMMI--r �,iN
7 County Center Drive
Orovj,lle, CA 95965-3397
(916) $38-7601
TO: DATE: JANUARY 27i 95
PUBLIC WORKS
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
BUTTE COUN KWIRE DEPARTMENT
__;ARkO_4'O �:M' A'
Enclosed is preliminary data our office has received or generated
concerning the following project: VARIANGE To THE 81DE YARD SETBACK TO
ALL014 A BUILDING � INCHES FROM AN ALLEY.
LOCATED ON THE- SOUTR FART nnT?NTPP (),p rnon Sj2ErD AND C4Mpng, I
ZONED R-3 AM
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 doncern or expdrtise
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 ate no significant environmental impacts which ate
Potential from the projecti
We appreciate any assistance you can provide.
sincerely,
�;TL a r r'y Paj�TCer
Planning Technician
Commehts:
-111; COUNTY PLANNING COMM
7 county center Driv(
orovilleo CA 95955-3397
-7631
(911) 5:;S FEB 0 3 1983
t SIM'
W -N DATE: OrOV111101 efilitornin
FIRE DEPT./CDF JAN 2.1, 1993
RE: PROJECT REVIEW &
ENVIRONMENTAL EVALUATION
BUTTE COUN`.�"Y FIRE DEPARTMENT
AP#040-224-001
Enclosed is preliminary data our offitie has received or generated
VARIANCE TO THE SIDE YARD SETBACK TO
concerning the following project:
ALLOW A BUILDING INCHES FROM AN ALLEY.
LOCATED ON THE SQUTR- E GOOD SP -TIED AND DURHA4—
JiONED R-8
ment of po-sibl,) environmental !Lmpacts and
We are making an assess . I
will be preparing an environmental dooament, either a Negative
De'clarAtionj Negative Declaration with Mitigation Measures or an
Environmental Impact Report (EIR).
Please ptovidd any factual 0 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 ptb'dct may generate.
3
Please respond within 34 days of the abbve-hoted date. If. no
response is generated by this inquiry, then it shall be assumed
that there ate no significant environmental impacts whloh are
potential from the project.
I hce you daft ptovide.
We appteciate any asslsta
sinderely,
Larry eP
Pl'anningTedhni'dian
Comments:
Does your agency wish to receive a 06PY of the environmental
(*� I
d6cume'ht ('initial study tot Ndqati'Ve Declatatilon lith or without
Mitigation MeAtUtds) or tjA for this project).
yo -'b No
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FINDINGS OF FACT
Each zoning classification and �%�d use has an associated set of development
standards which are specified in the Butte County Code. The Code also es,�Ab-
lishes a procedure to grant variances from these standards where, unique
circumstances exist to warrant relief from the strict application of these
standards.
A var:1andd can be granted only if specific findings are made to indicate that
unique circumstances do, in fact, exist. These special circumstances may
include factors such as the size, shapej topography, location and surroundings
of a piece of property.
The courts have clearly indicated that variances are hot intended to rewrite
the County Code And can only be granted if all the findings listed below are
made. Further, the courts have 'indicated the actual� factual basis for these
findings must be stated.
NOTE TO APPLICANT
Please'do NOT apply for a variance unless ybu can provide the necessary factual
basis to grant the requested variancei All necessary application fees are non-
refundable.
FINDINGS
1. The following excepLional or extraordinary odrcumstahco-s or conditions
apply to the land, building or use in question which do not apply generally
to other lando buildings or uses in the same district.
/S- i --&Z -226 PY,01-1 C /bvb PROVI LA LlRf
2. the fact that the granting of the Variance is necessary for the preservation
and enjoyment of subst:tntial property rights is supported by the following:
0A1 -MIS L4 6,6
),mt Id 6 'L/v c/lit-S !Q�P 1-4,c ��I, ON 0
1)4 LeA: I V 6, 1 U 0 1, 1 L-6 8P 7-0 Rtm () V,6- 0 6 C 13 L L I L t /,V 6 -� &T,
60-5-�rS 7-0 OWWA�L WAO IS /J1,S,0 -r6i-' 40&,�96� 7AXPO' YSA-VII
The fact that the granting o! the Vatiande will hot Adversely affect the
neighborhood -or be detrimental to the public health, safety be welfare ot
adversely- affect ptriporty or imTrovame-its in -he . neighborhood is supported
by the foll6wingo.
11
ALL OF T�E AtM FINDINGS MUST BE MDE* INGLODNO TRE 8tATtkt-INt 0 sPkIFIc
FACTS, tO GRANT A VARIANCE