HomeMy WebLinkAbout040-580-0293 1911!AOJO 0661 9 Z W %RWO f)UIUUIWW *OQ D+Jng
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CONSTRUCTION OEVELOPMENT;$lERVlCF
PL
NNING
ESTIMATING AND
CONStRUQTION SUPERVISION
CUSTOM, Home DESIGN SPECIALIST 11E VERLY LANE AAME, 'A W09 91 -7-0200
681
MEN mmus w = It
Same as. applicant
property owner
ADDRESS:
USZ PERMZT to allow a mobile home as a
temporary second dwelling
on pgtperty zoned SR -1 located
On the east side of
Lott Road
at Del Rita L,n.
north of Durham -Dayton., �f wy identif id as Ap 40-58-29
town/area:
Durham
C;ENFJ=-PLAN DESIGNATION O&FC
P,q-op FEE PAID:
s 2 2 5 0 0 RECEIPT mmER:
11439
5/237M
APPLICATION ACCEPTED,
Ftt,A A?P. PAID:
$790 .00 RECEXPT NUMER.-
/1697
13 UV; -1
-f L/
REZONINd PETITION, SIGK�TURES CHECKED
PERCENTAGE.,
7.
I
MAILING LISTIME1WkED
MAIL-OIM UOTICES WRITTEN
NOTTIUS NXAMED
wrq?j, DESCRIPTION PREPARED
MLICATION NOTICE WRITTEN
DISV:PAY AD PREPARED
NEWSPAPER PUBLICATION 0 Cr(
INITIAL STUDY PREPARED
ENVIRONANTAL DETERMINATION- Categorical Exemption
FILED.,
t frorn en, ronmental
Del E. Haafain (item determined to be Categorically Exemp v,i
d dwelling on property
review)
q PermLit to allow a mobile home as atemporary secon
zoned SR -1 (Suburban Residential - I acre parcels) located on the east side of Loit Road
at,Del Rita Lane, north of Durham -Dayton Highway, identified as AP 040-580-029i Durham.
(VIDE 0 TAKEN)
A video tape was shown of the project site. The Commission waived the reading of the Staff
Findings.
Chairman Forbes noted the correspondence received from Mr. and Mrs. Schukraft, Wayne
yn Beneke, Richard Knott, and Cheryl Scholes.
Sarcona, Peggy and Stan Hicks, Art
rivate road and staff said yes. He asked if there
Commissioner Lynch asked if Del Rita was a p er this road?
'Was any consideration for th,�-, County to take ov
Staff said rowds are only taken over by the County, if the road is brought up to County standards.
4 to 4 e public.
The hearing was opene th
swer questions. He said he has a handicapped child to provide
Del Hastain said lie was here to at!
e is set up for a 6 person care home and is licensed through the
care for. He said the existing hom
State. He said he wants to move back onto the property to be with his son. He said there are
only his son and another boy being taken care of in the home at this time. He said there is
administrative staff -,nd other staff in the home.
Staff said that a care facility for 6 or fewer, is exempt from review by the Coun y. Staff read the
intent. section of the Temporary Mobile Home part of the Code. Staff was not sure that because
idenflal car facility on the property, that this application wcutd moot thel
there is a licensed res I e
intent of the ordinance.
ta*n.said that the staff in the care home Would be cuiback when he and his Wife move
Mr. Has I
back onto the property. He said he wanted to make sure that his son is taken care of when they
care. for their
Pass away. He said the reason they licensed the facility was to ba financiallyable to
Son.
Commissioner Lambert said it, this permit is apl,)roved the no rent requirement would only pertain
to the mobile.
Staff said the Commission is only concerned with the mobile paying rent. Staff discussed the
imits square footage.
altemativo of 60-640 "granny" housing which I i
',?i e'*7VtnI 01 P
Mr. Hasta,in said that with the State license, he is not allowed to reside in the homeand hehad
to move out. He I said a building 640 square feet in size would be inadequate for their need.sp
Commissioner Lynch asked Mr. Hastain if he would have any problems moving the mobile home's
location to -the north,,so it will not e so close to the property linei
Mr. Hastain said he has agreed to do this. He said he will draw up a new set of plans.
Commissioner 'Lynch said the garage could. be permanent, where the mobile home is temporary.
Mr. Hastain said the garage is to eliminate two storage sheds which are an eyesore.
Tom Nelson said he lives just south of this property. He submitted letters fro, m Mike and Genny
Davis, Judi Adkisson, and Bert & Kari Mais against this project. He also submitted a letter from
himself, which he road into the recordin opposition. He said he can support the property as it
now exists, but was against another home on the property. He said the new proposal does not
dinancei He said that this is only a means of Mr. Hasta- in
meet the intent of the Aunt Minnie or
getting free rent for living quarters to manage his corporation. He did not consider this a
temporary request.
Ken Jones asked what is to keep , Mr. Hastain from running the business from the temporary
mobile, and making the mobile permanent?
I'Wanda I Hamilton said she appreciates the Hastains problem, but the intent, of the Aunt Minnie
ordinances does riot cover this situation.
Mrs. Hastain said there is an office in the main home. She said her son needs to know his parents
are there and that his parents care. She said they can not afford to buy the property across the
street to live on and they can no longer afford to pay rent elsewhere. She said the costs of trips
from Paradise to Durham were getting prohibitive. She said they need to be closer to their so n.
She said tier grandson would only be with her for a couple of monthsi but if something, Lha . ppenOd
she would not hes . itate to taka him permanently.
Commissioner, Ostrowski asked if the State provided funds or support?
Mrs. Hastain stated no.
Stanley Hicks, property owner to the south, discussed putting in a permanent garage for a
temporary mobile home. He submitted pictures of a. motor home the Hastains used as a
permanent dwelling that washooked up to the existing home. lie asked that the conditions, lis.t.ed
baincor n t is permit, if it is approved. He was against the permit
inMr, Nelson!s letter, porated i h
99-V
otor home they had planned on traveling, She
Mrs. Hastain said when they were living in the m
s - aid motor home is not hooked up to facilities at this time.
the
Commissioner Lynch asked -' f the e1jeats in the existing home are paying clients, and Mrs. Hastain
said, yes.
for the care of her son, not any grandchildren, that live with
Mrs. Hastain said the State is paying
her.
f the stipulations of an "Atint Minnie" permit is that no rent
Commissioner Lynch said that one o
home. He said in thig case rent is 'being paid on the existing dwelling
be paid on the mobile
instead of the temporary mobile.
orbes asked the Commission to adjourn this hearing to a llow.time to take input from
'Chairman F matter on the a enda at 10:30 concerning Bidwell Avenue.
Tom Lando', City of Chico, on a
This was agreeable with the Commission-
rty WAS
The heaf, ing for a Use Permit for a temporary mobile home for the Hastain PrOpe
opened.
in the area. She was also concerned
Bess Scarona said she was concerned with septic problems
tic systems on the property, if this is approved. She
with a potential of 15 people using the two seP
was against1he project.
are for another
id there are two.issues- one of a family member being allowed to r
Mr.Hastain sat for privacy. He said they get medical paytheilts for
f4rnily 'member With separate living quarters I
0 t considered rent. He noted the recommendation by staff for
the people in their care and it is no immediate family. He
He said staff told him that Condition #1 would include their
approval, id that 1/2 of the garage will be for
read, the suggested conditions if this 'is approved. He sat
re an unlicensed vehicle.
hosp* at equipment and 1/2 to sto
it
eason they only have 2 patients.
commissioner Lambert asked if there was a r
ing another patient inn the near future.
Mrs. Hagtain said they are expect
Commissioner Lambert Asked if it full six Patients, would increase the staff?
mrsi Hastain said it would increase the total to 12 people.
The hearing was closed.
C, missionpr Lynch asked staff if it was aPPropriate to condition the applicant to provide wi er
oin
setbacks 'than thoserequirod by the, Code.
IT
CO _ N ''R
; : , � � N _ . P11, J
714r�
Staff said that nothing would prohibit the Commission from making such a condition.
Commissioner Lambert said she can not make the findings for an "Aunt Minnie" permit and
Chairman Forbes agreed. Commissioner Lambert said this operation seems like a commercial
businessi
Commissioner Lynch said the Hastains were referred to him by Supervisor McLaughlin. He said
le for 9
he felt responsib the Hastains applyin for a temporary mobile home permit. He said he
talked to theapplicatits and visited the property. He said he would like to approve this project.
Staff suggested that the Commission take a look at changing the Purpose and Intent of the
Ordinance, if this is their wish.
It was moved by Commissioner Lynch for approval as follows:
MOTION- EXCEPT RECOMMENDATION OF STAFF MEMO DATED AUGUST 1, 1990;
MAKE THE FINDINGS LISTED UNDER 'A"; AND MAKE THE MOTION
LISTED UNDER "B".
A. Find that:
1. The proposed project is categorically exempt from envi-ronmentat review in
accordance with the Public Resources Code Section 15303, Class 3.
1. The proposed use of the property will not impair the integrity and character of the,
zorid in which th I e land lies, and that the use would not be unreasonably incompatible
ropetties, or detrimental to the health and general
with, or injurious to surrounding p
welfare of the persons residing or working in the neighborhood, or to the general
health, welfarej and safety of the County because of the following mitigation
measures that have been set forth, complies if not with the letter, the spirit of the
OAunt Minnie" Ordinance, Code Section 24-304; and
AP
allow a iwill
pqrarv, -mmlPiRe h0me TW aI Wcovd 4wellft 9
B. Approve the Use ?eril A to J 'to Wns:
040-580-029 (Del Ei Hastain) subject the foiloWing cond4'
1. Occupancy of the mobile home is limited to Mr. and Mrs. Del E.. Hastain.
Occupancy of the residence is limited to son - Claude Haitain and other clients
under state license.
2. N . o rent is to be charged to the occupant of the mobile home.
3. Install a sewage systera under permit.and inspection from the County Health
Aling unit. Place septic tank betwee.ri actual leac,,h
Department for the second dwe
field and reserve field as shown. on the plot PIAB-
The,second mobile home shall be connected to the existing Wet -
4i
r
[4i M'3:VT
:B , TVVTB,
NI VNEW
6. At the tithe Claude Hastain no longer residea on the premises, the permit becomes
void and subject to Condition 9.
7. Mobile home to be placed on plot at least 20 feet from south property line.
8. The Use Permit shall expire two years form the date of issuance of the Use Permit.
Upon application, the Planning Commission may grant an extension of the Use
Permit not exceeding one year.
9. In the event that the applicant who is residing within the mobile home or the
conventional residence, for any reason, moves to another location or is deceased,
then in that event, the Use Permit granted herein shall automatically expire and the
mobile home shall be removed within 120 days. In the event the in I obile home 18 not
removed within'120 days pursuant to the terms of theLJse Permit the County shall
remove the mobile hoine and store it at the owners expense.
A The applicant is to pay a deposit or post a bond to cover the cost of removal in the
amount of $3,500.00 for a triple wide mobile home, $2,000.00, for a double wide
mobile home and $1,500-00 for a single wide mobile home.
11. Meet the re
quirements of the Building Division of the Butte County Department of
Public Works.
12. Meet the driveway requirements of the Butte County Public Works Department,
13. When the garage; is constructed the storage shed shall be removed. Garage to be
placed at least 10 feet from the south property line.
14. Applicant must allso comply with all other applicable State and local
ordillances, and regulations. statutes,
Commissioner Lynch said. the reason for making the motion this way, and particularly having the
permit void whell Claude Hastain is no longer a client,
is that the temporary use of the mobile
home as a second dwelling ceases even though that unit may be a licensed State facility and, can -
continue to function as , a licensed State facility, but would no longer qualify un
Minnie" when Ch I - der an "Aunt
laudd is no longer residing on the property.
The motion died for lack of a second.
It
U. moVedby Conithissioner, lambert, seconded by Commis oner Ostr
d,eni4l as follows� si owskif and carried for
ES,
r 'ILE NO.: 90-46
BUTIE COUNTY PLANNING COMMISSION
STAFF FINDINGS - August 1, 1990
APPLICANT:
Del E. Hastain
OWNER:
Del E. Hastain
REQUE ST..
Use Per it to Allow a, temporary se d
con dwelling,
AP NO.:
040-580-029
SIZE$-
1.55 acres
LOCATION:
On the east side of Lott Road at tie
Del Rita La
north of Durham -Dayton Highway, in the
Durham area.
EXISTING ZONING:
SA -1
ZONING HISTORY:
Zoned SR -1 on August 14, 1973 by Ordinance
No. 1381.
SURROUNDING ZONING:
SR -1
SURROUNDING LAND USE:
Single family residential.
GENE RAL PLAN Dt SIGNATION.-
Orchard and Field Crops.
APPLICABLE REGULATIONS:
Butte County Code Sections 24-47, 24-162, and
24-304.
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - August 1, 1990
COMMENTS RECEIVED:
BUTTE COUNTY FIRE DEPARTMENT/CALIFORNI DEPA ENT OFFORE STRY-FIRE
PREVENTION '!No impact on Fire Department -11
11 Install sewage disposal
BU E COUNTY ENVIRONMENTAL HEALTH- DY-TARTMENT.
mit and inspection from the Health Department. 2. Connect,the existing water
system under per
supply."
BUITE COUNTY PUBLIC _WORKS DEPARTMEN "Driveway must meet County
requirements."
ANALYSIS:
The project is a request to place a temporary mobile home as a second dwelling on property
el Rita Lane. The proposedmobile home
located west of Lott Road and on the north side of D
is to be located approximately 150 feet from the existing home and approximately 185 feet from
Lott Road. The proposed mobile home will not be located near any neighboring homes. This
placement should not cause any undue hardships on the neighboring properties. The proposed
1-�-1 zoning
location of the mobile home conforms to the setback requirements of the S1
classification6 Installat , ion of a mobile home at this location should not result in any land use
conflicts or incompatibility of land uses. The adjoining parcels are developed with single family
dwellings. The applicant states that the additional mobile home will be occupied by elderly
occupants.
The Aunt Minnie Provisions (Code Section 24-304) was adopted to allow fai ilies to take care
of one another and still maintain independent living quarters and privacy. The application
appears to meet the intent of the temporary mobile home ordinance. Temporary mobile homes
also come under County Code Section 24-47 concerning issuance of a Use Permit.
Butte County Code Section 24-304 provides for removal of the mobile home, within 120 days of
the time that it is no longer being occupied pursuant to the Code,Section. The Code also makes
of sufficient size
provisions for the County requiring a bond or deposit at the time of app ica ion
to cover the removal expense of the mobile home. This is to insure that the taxpayers at large
(via the General Fund) are not charged those expenses should the County be forced to remove
the mobile home pursuant to the Code. Of course, if the applicant removes this mobile home
voluntarily, then the. Bond or deposit would be returned. Similarly, if the County removes the
mobile home, then only charges actually incurred would be reimbursed from the bond or deposit
with the remainder bein�� returned, to the applicant. The applicant is proposing to install a now
triple -wide mobile home on ite. Since on one has ever used a ttiple-wide mobile home for an
Aunt sl igures have not been collected. In talking to different
Minnie before,. appropriate removal fi
a figure of $3,000,00 was an average removal cost for the mobile
mobile home sales centers, d add ing a small amount for administrative costs and
home. Taking the $3,OOOiOO estimate an
2
BUTTE COUNTY PLANNING COMMISSION
STAFF FINDINGS - August 1, 1990
storage costs, it appears that a reasonable deposit would be $3j500.00 for the proposed triple -
wide mobile home. This amount seems reasonable to insure that -the mobile home is removed
at no cost to the County or the taxpayers,
This project is categorically exempt from environmental review in accordance to the Public
Resources Code Section 15303, Class 3. The project appears to conform to the requirement, of
Butte County Code Section 24-304 regarding the placement of a temporary mobile home.
RECOMMENDATIONS -
MOTION; EXCEPT RECOMMENDA'IION OF STAFF MEMO DATED JULY 12,1990;
MAKE THE FINDINGS LISTEDUNDER "A",- AND MAKE THE MOTION LISTED UNDER
"B"i
A. Find that:
1. The proposed project is categorically exempt from environmental review in
accordance to the Public Resources Code Section 15303, Class 3.
,2. The proposed use of the property will not impair the integrity and charvaer of the
zone in which the land fies, and that the use would not be =easonably
incompatible with or injurious to surrounding properties or detrimen,�al to the
health and general welfare of the persons residing or working in the neigi-borhood
of the general health, welfare and safety of the County because
B. Approve the Use Permit to allow a temporary mobile home as a second dwelling on AP
No. 040-580-029 (Del E. Hastain) subject to the following conditions:
1. Occupancy of the mobile home is limited to Mr. and Mrs. Del E. Hastain.
2. No rent is to be charged to the occupant of the mobile home.
3. Install a sewage system under permit and inspection from the County Health
Department for the second dwelling unit.
4. The second mobile home shall be connected to the existing well.
5. The mobile home, is to be a, temporary use on the property pursuant to the
requirements of Section 24-304 of the Butte County Code.
3
1J,
BUTrE COUNTY PLANNINGCOMMISSION
STAFF FINDINGS - August 1, 1990
e rml
6. TheUse Permit shall expire two years from the date of iilsuancd of the Us P6 it,
Upon Application, the Planning Commission may gram an extension of the Uso
Permit not exceeding one year.
7. In the event thatthe applicant who is residing, withiti. the mobJe home or th-,
conventional residence, for any reason, moves to anotLier location or is di�coas.e(Zj`
then in that event, the Use Permit granted herein sho;ll automatica:11y expire Aph!
the m.. bile home shall be removed within 120 days. In the event the mobile.harne
isnot removed within 120 days pursuant to the terms of the Use Pe rmit. the County
shall remove the mobile home and store it at the owners expense.
8. The applicant is to supply a certificate of deposit or an annuityj or ost a borid, to
cover the cost of removal in the amount of $3,500-00 if triple wide, $2,000.00, for
double wide, and $1,500,.00 for single wide.
9. Meet the requirements of the Building Division of the Butte CourAT Departnwnt
of Public Works.
Public Worfiis Depail4ment.
10. Meet the driveway requirements of the Butte County I
11 Applicant must also comply with all other applicable state anV1 local, statutesi
ordinances, and regulations.
BLM:bb
Attachmentg to Commission and Cities:
Location Exhibit
Site Plan
4
WffiWK=nWMW Ism I
-7 7
Ile
APPLICATION FOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
MAY 2 3 1990
APPLIcANt: Read and follow Instructions as set forth on attached sheet,
Ulf,
'M14
Appllcant'snarne7 DEL H. HASTAIN Phone No. 87 1� 906
5
Applicant's inal I Ing address --1-1AR q -&AT, Tq'RTTRY ---PAP A nr C A 9 r1960
Applicant's Interest in property (Owner, lessee, other)- T1TW,7rr1D3
Owneris narne and address 1385 qAT,TqRtTPV,..,..Ln6DT-qr,.- CA
Contact person for project (if other than applicant)-- PAtAT)TSF-,Mn1)TTT-AP
6633 SXYWAY, PARADISE, CA..
95,969
AsspssWs parcel humber(s) 4 Present zoning SRI
Location and size of parcel(s) g4 7 r4,-T-Q!1!rr -n-n- n.11P-U-A-hK-- 0 A
Street address ---_(GAS A DtLRITA). IT p
-----9476 L01, ,p
C)
Directions for travel to property, (rural and mountainous areas only):;
D-1JR1!AM=.J)&=N HWY 10 toTrr
Description of proposed development and use
-J
-1.
1116
AU -0 L&3
Mofasl I f". Hoh-)C- As
L4.
Description of exlst,ng land use -- EXT 91111611 qTTR JRQ PHYS1,rATILY 1)T-qART.Vn
Proposed. schedUllhg/assoclated projects PT?n'0nQT?n nt".T.r.. AD MJN9� D
WC
Anticipated Incremental development E
Building construction (0ate dimensions' footage and -materials used)
CL
a. Existing bulltOngs - -A 8 6C.) i -iv= A n r, A
b, Proposed bulldir1s. 1824 TTVTNr, ARRA
Hazardous materials tobe used (inflarnmables, explosives orstrong chamlcol8l
N () N. El
Dally hours ot 9peration R-5 Number of employees
Numberol oltmstreet parking spaces provided -1 -2 -MINIMUM
EXIstl hg/ptoposdd sewage di s0osal method t SEMIC SYSTFM
ProxImIty of, power 11hd phone lines: ON
'Distance to,,natural Water course or storm &gi.oi
Anticipated on and off�slte drainage ImpfoVemenW NONE
Water source: WVII rg x T T -T U r. ON S=r,
ProxImlty of Water for fire fighting purposes (hydrants, pohosi etc�) 3 0 Q EET r.N T.nTT
'Will excavation or grading be nece§sarV? Oublo yards (estlinate)!
projecti Including those required by
Li at and describe any. other related permits and other public approvals required foe this
'Ho A r.MT?,NT
oltyj reglontil, State and Federal agencies; SANT.TAT ON. UTILITY 1H4 0
IF REsiDENTIALi Include the number of units, whether units are single of mul-ti-stOrY In height, sohed�jle of unit sizes, and
type of household size expected. SINGLE FAMILY, 2 FAMILY MEMBERES
IF COMMERCIALi Indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and
loading fadlitles, N6
IF INDUSTRIAL, Indicate type, estimated employment per shift, and loading facilities.
IF INSTITUTIONAL, Indicate the major functlohf estimated employment per shift, estimated occupancy. loading facilities,
and community benefits to be derived from the project.
.J ENVIRONMENTAL IMPACTS 41.N.D MITIGATION MEASURES*
Identify potentially significant environmental Impacts associated with the use permit. What project design features or special
sed to alleviatOPOtential environmental Impacts?
U. conditions of approval (mitigation measures) are propm
NONE EXPECTED4
2! ENVIRONII!�ENTAL SETTING*
44- Describe the project site as it exists before the project, Including Information on topography, soil stability, plants and dnlw
L) a.
mals, and kiny cultural, historical or soenle aspects, Describe any existing structures on the sitei and the use Of the structure
wi luding Information on plants and animals and any cultural, historical or scenic aspects.
136. Describe the surrounding propertlegi Inc apartments, shops, depart-
0- Indicate the lype of land use (residential, commercial, etc.) Intensity of land use (single-familyi
ment storesi etc,), and scale of development (height, frontage, setback, rear yard, etc,),
* Use separate sheet for longer responses.
RESIDENTIAL/ AGRICULTURAL AREA.
and the Instructions and that the fol -agoing statements
I hereby declare under Penalty of, perjury that I have read and Underst
are true, complete an d correct to the best of my knowledge and belief.
Appllcqnt's signature
"'bate
b 6 t e Property oWner's signature
Use Permit NUrnber—,
> I Request, Use permit to aII0W
Location and �IZ6 of Pafcol(s)
CD
U4 VERI lzy!� AiP. Number(g) Project lidsorlptioll
CO* ownership Zoning arid Requirements
Location Descrlpt�:n
Proof of Agency (it needed)
),&Coples of Plot Plan
U.1
t Number—
W Date Received T., A— Recalp
LL
Applicatloo taken by
Identity of applicants;
a4 Head of household of existing dwelling On the property,:
Telephone It 871�5065
Name.................................
Address
b. H&ad of household of mobile home proposed to be temporarily placed
on the property:
Telephone # 877-�5.0.65
Name ____DEL—RAuAU
85, S L
Address 1385 , S L BjjjjY-,—P-AR
ck owner of inobile 11011le proposed to be temporarily placed on property:
Telephone #
I&AME.
Name
Address
4. Number of persons Vesiding iP exist"19 dwelling# ----2
sod to resj�de in mobile home: 2----
5. Number Of PerSOTIS PTOPO
6. Nature of relatioliship between residont(s) of existing dwelling and
resident(s) of proposed mobile home.' (Describe TElationship by blood
or marriage. In cases involving clOS(;' friends, describe nature Of
etc.).
friendshlp� number of years know'no
mRi AND M9S. RASTAIX OWN
VACILITYja Mit i, AND MRS
rsigned state that no rent tAll. be e I harged to the occUpant(s)� Of
We the unde 'r or oc:cLApant of the I -real property.! in the event,
the mobile home by the owne he
ested use permit is granted, we tj:tso agree to and do hereby give t
the requ right'to enter UP011
County of 'Butteo its officers, agents and employees, a
said -real property and to remove the inobile home from the property and�to
me at our, Sole cost and expense !,I the event the mobile home is not
store sa, e-jIlIrldro
ithin On . (I twenty (120) days of the expir
removed from the property w BlItto Cotiftty Code Section 24-304.
ati6n of the use permit pursuant to
ury that the above is true and c0tre,ct-
We'd,eclare under ponalty of Per.1
at (0
thig day of
Executed oil A&Z.
California.
6xis
—0 �01 eT 0
pro 'orty
Vwner o.- if other than Owner Of Property
ea o' 0, Selo,( Pr Osec
.,temporary mobile home -
U Nc- LIS7 z- E�,
i040 -�580 - 0.2-
-017
TUS A IV E
STAT' US', ACT I VE sTA CT
sg��OE!5, 000 L- 040 504, 1 000
�jCHARD A ETAL & RITf� M 4T
HA.STAIN D�
S'�,CHERYL A '9476 LOTT k-
ObbSPEED DURHAM CA, 95q3g
m CA
STATUS: A TIVE L 040 170 oll 8 0 - 00 STATUS: ACTIVE
I JENNIFER R ETAL JT DAVIS CHARLES k "& PHYLLIS
N 'PO Box 181
Luwrmn DURHAM CALIF 95938
Kov
0 STATUS: ACTIVE
o o 5so 027 0 L: 040 170 019 000 STATUS: ACTIVE
B IN ON JAMES F & ANDREA D
S ARNEY RICHARD D & BERNADINE 3T
'11-� 17313 BRINSON LN 9505 LOTT RD
DURHAM CA DURHAM CALIF 95938
95938
L.-,04 520,028 000 8TAT05: ACTIVE L: 040 170 021 000' STATUS; ACTIVE
NELSON THOMAS G & ALETTE J JT GILLEY RICHARD MARION LILLIAN GERIE
4474 LOTT RD
9479 LOTT ROAD
D I UR�IAM CA 95938
DURHAM CALIF 95938
STATUS: ACTIVE
HA$TAIN DEL E & OITA M JT Li 040 170 082 000
0 MACPHERSON SHERMAN D BRENDA JT
(�476 LOTT RD 9469 LOTT RD
DURHAM CA 95938
DURHAM CA 95938
0
- 0 1 30 000 STATUS: ACTIVE
I L: 04iT�i i�3 000 STATUS: ACTIVE
ADKISW JUDITH C SS MAIS ALBERT L & KARI J
'1755 DtLR.ITA LN 9455 LOTT RD
DURHAM CA 95938 DURHAM CA
95988
-o4i �8'6 —05'f —666 '*5* T"A'TUS-:7 V'E L: 040 170 047 000 STATUS: ACTIVE
0 DORAN COLLEEN FRANCES HUMrHREY LAMADA DAVIS TRUST
DEL RITA LN HUMPHREY LAMADA DAVIS TRUSTEE
DuOHAm CA 9487 LOTT RD
959313 O'DURHAM CA 95988
040 580 038 000 STAT
STATUS: ACTIVE USt ACTIVE
L: 040 170 104 000
DAVIS.RAYMOND M & VIRGINIA D 0 MILLER CARL E & VIOLET J JT
9568' I -OTT RD
. DURHAM CA 9493 LOTT ROAD 95�38
DURHAM CALIF
L:--96"6&0-'-034 000 STATUS: ACTIVE L: 040 j-7j—joj 000 STATUSi. ACTIVE
klCK8 STANLEY mo NqoE MARGARET IT 0 HUTCHINSON THOMAS,D & KATHY CP
,TIPTON DAVID e & $A L NDRA JT 888462888 9447 LOTT -ROAD
065 ALMOND VIEW CT DURHAM CA
bURHM CA 95938
L-. 040 580 0 , 3,5 . 000 'STATUS- ACTIVE Li. 040�580 021 0 1 0 VE
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STANFIELD JAMES & CORINNE CP SOMMER HARRY F & CAOOL M
1777 ALMON -9500 LOTT kb
P VIEW CT
DURHAM CA 95930 DURHAM CA
93938
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L: 04.0 seo 024 000
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BRINSON
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9S938
DURHAM
Del E. astain
1385 Salisbury
Paradise, CA 95969
I,e: Use, Permit, AF #040-580-029
near Mri Hast-ain:
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FILE No.
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VICIA117
8UTTE... COUNTY.. PLANNING -_COMMISSION,_
H ARING DATES -
APPLICANT 7>5PM�
REQUOT- EXISTING.. ZONE. SCALE
August 19, 1990
Butte County Planning Commission
7 County Center Dr.
Oroville, CA 95965 CNlw�00
Dear Sir/Madam,
SubJect: AP No. 040-580-029 Casa Del Rita, Inc.
I would like to take this, opportunity regarding the aforeaventioned
subject, to advise you that I am strongly opposed to a mobile home
being placed on the property of Del and Rita Hastain.
MY w1fe Susan and I live two parcels South of the Hastath property on
Lott Road. When we moved to this neighborhood over five years ago vie
were Informed that all lots In the Immediate area were one acre
minimums, However, for various reasons, peOple have been able to
circumvent the laws and have subdivided larger parcels Into lots less
than one acre forcing the population density to be greater than
originally planned.
The Hastains are Just one more Instance where someone is trying to
circumvent the law which will in term force the population density
higher than that in which it is zoned.
As you are aware all houses in the area utilize well watel� and septic
systems. When the population density grows so does,the need for septic
systems and ground water and eventually problems will arise.
It is understood that t.'Ie Hastains have turned their former primary
residence into an, extended care facility. There Is a great need for
these types of facilities across the state yet the planning of their
location mu S t be taken Into consideration. I am In favor of this
facility if It can provide, a moro normal living environment for Its
-Oients,
Thd.arda of Lott Road where the Hastain property Is located Is zoned for
single family residences with a one acre minimum. The proposed plan for
the Hastains to erect a mobile home on the property establighes� a
Population density well b eyond the zoning plan. At any one time there
could be fourteen or more people living. on the Hastain property, 6
patients, 4 caretakers, Del and Rita Hastain and I am told they are
g-Oing to halc their two teenage grandchildren live with them In the
proposed mobile home. I urge you not to allow this, type of population
density to materialize.
Tilt- Ha9taIns have developed their primary residence as an extended care
facility primarily to have a home where their son could r
ecelvo nursing
care and secondly as a profit center by establishing Casa Del, Rita., Inc.
NOW the Hastaln's want to have their Oke and eat It too.. How, by
d
reteivIng Income from Casa Doi Rita, Inc, and, by establishing another
residence on the. property for them to live peat free.
ot
August 15, 1990
Blitte.County Planning Commission
25 County Center Drive
Orov,illej CA
RE: Del E. Hastain, Del Rita Lane, Durham
AP# U40-580-029
Dear Sirs.
Please acknowledge our strong objection to a mobile home use
permit on the above mentioned property. Three years ago we bought
out home in Durham specifically because of the SR -1 zoning --we
did not want'to live in a higher density area. In addition to the
increased.traffic coming and going, I worri about what Another septic
system will do to out water quality.
We don't understand how this arrangement fits an "Aunt Minnie"
zoning situation. After their son was injured, the Hastain's
formed a corporation, "Casa Del Rita", which apparently owns (C)r le -06e -s -
their Del Rita homes which they turned into a board and care facility
for their son and other patients. "Casa Del Rita" is a "for prof -it"
corporation. We fall to see how placing this triple wide mobilehome
on the same property enables them to care for a relative to prevent
institutionalization, since the son already has 24'hour/day care
provided at the board and care facility, We strongly doubt that
this situation would be temporary, by virtue of it being a triple wide
mobilehome oil its own aeptic systemi Instead it seems to us a
convenient business arrangement for the Hastain's. Indeedo any of us could
plead economic hardship, rent out our homes at a protit and live
in a mobilehome on the property if this situation qualifies for
an "Aunt Minnie". We also want to mention that the Hastain's
already have a large recreational vehicle parked on the property,
fully hooked up to water, electl71City, and septic.
To close, we can't believe that the Hastain's situation qualifies
as a true "Aunt Minnie." No, ona forced them to care, for their
,son by turning their own home iuto a board and are facility that
they Ate not permitted to iive iii. Their neighbors shouldnot suffer
for the Hastain's,chice by way of increased density, i-Acreased
traffic, possibly poorer water quality, and a building out of
character with the neighboorhood. Please do not allow this use
permit.
Siq�,e�eiy
LA
z� �Anand 9P�Aeggy acks 0,06 c6i Plan"109
1765 Almond View Court
Duthata, California, 95939
(016) 891-6482 AUG
CAJI(Oro
ep
0', r-3; 6
1211
Sutejangrova Aventte
ChieD CA 95926
TeIeWne: (916) 891-1877 %
August 17, 1990
Butte County Planning Commission
County of Butte
25 County,Center Drive
Orovillej Cao 95965
Dear Commission Members:
I am writing in regard to AP#040-580-029 Durham. The location
of the. property in question is very near my residence which is
located at 1772 Almond View Court.
As I understand it, the owners are applying for an Aunt Minnie
variance to allow a triple wide mobil home to be brought onto
his 1 1/2 acre lot to facilitate pre -institutionalized cAre
for their severely impaired son,
If this were the extent of the fticts surrounding this situation
then it would appear to be a fully justifiable request within
the parameters of a caring society.
14owever, as this is already a licensed care facility, the owners
appeat to be as%ing for a pre -institution care variance for an
institution, Couple this with the size of the mobil home and it
would appear that a more accurate assessment of owner intent. is
to use this variance to circumvent th-p obvious re8istance they
would encounter when attempting to enlarge a commercial venture
ir, a residential neighborhood.
I object to the expansion of a commercial venture in out neighbor-
ii,.tpod atid the resultirtg increase in population density, The local
groundwate,,c nitrate contamination demonstrates. an already Over-
taxed septic 8ybtemi We can ill afford additional pressure.
I feel this is a profit oriented veature by someone to the
det:iment of his community. I urge you to deny this request.
934nuerely,
hoclyil Beneke
COW&-
Oqfte CO. "06001 -
Ivy
'MIMI I
Notice is hereby given by the Butte County Planning Commission'that public hearings
-vill be held on Thursday, August 23, 1990, in the Butte County Board of Supervisors'
Room, County Administration Center, 25 County Center Drive, Orovilld, California4
regarding, the following item at the following time:
ITEM DETERMINED TO. BECATEGORTCALLY
FR.QM ENVIRQN—MENTAL REVIEW
9:00, a.m. Del E.-Flutain - Use Permit to allow a mobile home as a temporary
second. dwelling on property zoned SR -I (Suburban Residential - I acre
parcel), located on the east side of Lott Road at Del Rita Lane north of
Durham -Dayton Hwy., identified as AP# 040-580-029, Durham.
9:00 a.m. Dennis Wi Durkin - Rezone from ASR (Agricultural Suburban
Residential) to R-1 (Residential - 1 acre parcels), locatad on the sbuthwest
side of Hwy. 32 approximately 900 ft. southeast of Oak Way and Hwy, 32
intersection,identified as AP# 042-140-119, Chico.
The above mentioned applications, maps and Environmental Documents are on file and
available for public viewing at the office of the Butte County Planning Department, 1
County Center Drive, Oroville, California. Comments may be submitted in writing any
time prior to the hearing or orally at the meeting listed above or as continued to a later
date, H you challenge the above applications in court, you may be limited to raising
only those issues you or someone else raisedat the public hearing described in this
notice or in written correspondence delivered to the Planning Commission, a:1 or prior
'to, the public hearing,
BUTTE C-QLJNW PLANNING COMMISSION
-B.A. KIRCL-M DIREQ
-TOR OF PLANNING
T I o be published in the Chico Enterprise Record on 17hursday, July 19, 1990.
�7)
0aft
tte
L A N D 0 F NATURAL W:A,LTH AND BEAUTY
Z' _7'
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
ulL
-7601
TELEPHONE: (916) 588
June 26, 1990�
Del E. Hastain
1385 Salisbury
Paradise, CA 95969
Re: Pre"Application Review
AP 0040-580-029
Dear Mr. Hastam,
This is to notify you that we have received sufficient assurances from Butte
County Environmental Health and Public Works Departments that your project
can meet their requirements. This falfills the Pro -Application. review process.
Pursuant to the Butte County Planning Department Project Review Procedure
Manual which states, "Upon tentative approval of a land Use pernuit Or Variance
by the Environmental Health Department and Land Development Division, of the
Department of Public Works, the applicant must submit a completed formal
application, including any required changes from the original submittal and the
balance of the fees within 6 months of the tentative approvalo" No additional
work shall be Pei -formed on this project until we have. received the remainder of
the application fee in the amount of $780.00 and, if any, required.chariges from
the original submittal.
Please submit.the fee along with any required changes from the original submittal
to the Butte County Planning Department no later than August 25, 1990;, or your
application will becooe void,: and in order to: continue the project'i you will 'be
required to re -apply. Please make'.1all checks payable to the Butte County
Treasurer.
Enclosed is a field marker for identificatilori of the pr jecti Please secure the
r On 'L 01
ibb in a conspicuous place on the site, preferably visible, from the roadway.
W e
ffa
L A N D 0 F NATURAL W E A LT H A N D BEAUTY
PLANNING DEPAHTIVIENT
7 COUNTY CENTER DRIVE - OAOVILLEi CALIFORNIA 96965-3397
Z TELEPHONE: (910) 538-7601
',-May 25, 1990
Del Ei Hastain
1385 Salisbury
Paradise, California 959619
Re: USE PERMI`r
AP# 40-68-19
Dear Mr. Hastain:
We received your pre -application review request for the subject Use Permit.
Butte county Public Works and Environmental Health have received the information
you submitted. The Planning Department will consider this application complete only
after we have assurances from the above departments that the project complies with
appropriate ordinances and any conditions imposed, can be met.
It is the applicants responsibility to provide any additional information needed by Public
Works or Environmental Health to meet their requirements.
Public Works may be contacted by telephone at 538-7266 and Environmental Health at
538-7281 for further information as to their evaluation of the proposal and their
requirements.
The Planniing Department staff will also be reviewing the application for any special
condltlons� or modifications that are appropriate'. Should you have Any questions about
the pre -Application reviewi please contact this office.
Sincerely,
B.A. KIRCHER
Director of Planning
Larry Painter
Planning, Technician
BAKIP:jlo
cc. Paradise, Modular Concepts
BUTTE COUNTY PLANNING DEPARTMENT
REVIEW FORM
PRE -APPLICATION
Date: May 1990
To: Public Works
OU -40 CO. Ptanntng Comm,
MAY 2 9 1990 RE: Pre -Application Review
Information for:
Orovi'lls, CaHfomla Del E. Hastain
Use Permit
,ice has received or generated
Enclosed is preliminary data our off E. Hastain - USE PERMIT to allow
concerning the following project: Del
a, mobile home as a- temporary second dwellin , located on the east side
of LoLt Road at Del R-Ita Lane north o; Durham -.Dayton -Hwy. identified as
APO 40�58-29..Durham.,..,_
Please indicate,your response by checking the appropriate box.
0 No requirements for this project.
.
f 7,
The project As Proposed can meet this Departments
requirements. Sufficient proo.9 has been give.n that
the applicant can meet the following conditions
de
Approve
lor �
777=
N'l
stop building except 1 acre per dwelling due to nitrate
loading in watero This is what happens to over population
property with septic problems.
4. Del Hastain has shown poor steward ship of property. Three
years ago he told me he would clean up his yard in the back,
put up a fence# etc. what I view is portable storage sheds,
tractor, on old car, chicken wire fence, and geese.
5. Mr. Hastain has an approximately 35 -foot motorhome already
hooked up to existing septic system.
6. Th.9 Hastain property has become very commercializ* and his
existing home is now a cooperation. Naturally, my concerns
are for the future of my property.
If the permitpasses, please have Mr. Hastain put up a 6 feet
high good neighbor fence to hide cargo, containers,, weeds, geese#
"Aunt Minnie" ordinance, but Is, in Fact, commercial in nature.
2) The project is not, temporary.
3) The project's occupants intend to violate the use permit'.
4) The project's septic sy--tem.eliminates a prime well drilling
site and will contribute to nitrate loading.
5) The project may lead to continuing erosion or the t acre
lot minimum.
Berore addressing these grounds a short history of the Hastains' tenure
on this property is in order.
Del, Rita, and their son Claude moved to this ne-ighborhood about eight
years, allo. Claude's paraplegia has conrined hitp to a wheelchair and his
condition requires attentive care. For about five years, the Hastains
lived together in their residence with Del and Rita taking care or
Claude with the help of various health workers who would often reside In
the home during Del's and Rita's absences. This arrangement provided
everyone with a home and provided Claude the close attention he needed..
About two years ago, art.er subdividing his property down to its present
size, the Hastains chose to move out of' their residence and convert it
into a "congregate living health Facility For catastrophicly Impaired
Individuals." At that time Del Hastain conrided that he and Rita
wanted relief' From the day-to-day care of' Claude. They bought a motor
home and stated that their intent was to spend several years traveling
after their Facility was Func-tioning. The residence was remodeled 'to
provide an oPrice and wheelchair access For as many as six resident-- and
an interim license obtained. Claude became the Facility's first
idenrb anti a second resident, Tim, ci rrently resides there with
resi I
Claude. Several Full time employees provide 24 hour care For the
residents who, For he most part,, appear as happy as those In, their
condition caf
i be.
While establishing this Facitity, Del and Rita formed a "For profit"
corporati,on,' Casa DeIP-ita Inc., to operate and manage -bills Facility.
they lease b)ieir home to their corporation which allows them many
,financial and legal benefits, rltLi when combined with licensing
regulaltlons, restricts theffi rrom residing in their own h o ai o.
7 -
The corporate nature of their businesdi theIr leasing arrangement, 'and
the fact that Claude Is their prime resident has made thelilselves their
own best customer.
"the Modification and present use of this property has met a generally
,Positive response from neig'hbors, We personally Support -the use or thi�
property as it is presently configured recognizing the need for
Facilities such as these within the community.
Non-com
pliance with Intent of' "Aunt Minnie" Ordinance
Our first objection is that the project does not qualify as a legitimate
OAunt Minnie" as described by section, 24-303 of -the Butte County Zoning
Ordinance. The "Aunt Minnie" was estaf)lbilkud bucciu,�.:.u;
'Y, -110 cal"O of' persons who by
reason of' old age, disease (either mental or physical), infirmity
or other cause, are unable, unassisted, properly to manage and take
care of themselves or would benerl - t From raMilial. assistance to
,allow mobile homes to be placed on smaller parcels that present
County codes or ordinances permit so that such persons will not
have to be institutio,lalfzed, but rather can reside near their
close relativps who can care For them."
We do not understand who Is the "Aunt Minnie" In this case, It is our
understanding that, neither Del nor Rita Is in jeopardy of' being
institUti,onalized. It Is Important to note that Claude Is already
IngtiblItiOnalize�_ in the Full-timeo long term, ruil-care Facility
created for, his benefit and does not require additional dare. Lynn
Keese, local director or the state agercy in charge of licensing these
Facilities stated to me that all of' Claude's (and Tim's) needs are being
Met with the Facility as It currently exists, under its present license.
It is important to know exactly 'who is the beneficiary or "Aunt Minnie"
in this case because the expiration OF the use permit is dependent upon
It. We persor.ally believe that "Aunt Minnie" was not idenUried In this
case because no One qualifies and because the true Intent of' the
Hastains Is to provide themselves free housing from which they can more
closely manage their corporation. IF no one Is narrivid as "Aunt Minnie"
then there can be no basis rol, terminating the permit (or granting It)
and the project can no Iono-er be considered "temporary."
Mr. Hastain rreely admitted to me that, he Intends to "run" his facility
From the new mobile home and that his corporation is going to someh,ow
subsidize the entire project. Under California law the corporation must
thereror be deriving, considerable' benefit from the Project. Aside from
serving as a residence, the project Will no doubt become some sort or
corporate headquarters or sleeping quarters or serve sortie other
commercial Purpose that will allow this creative funding. Are these
uses compliant with the Intent of' the "Aunt Minnie" Ordinance,> Do they
Comply with 8R-1 restrictions?, If the true purpose or this project Is
to oversee the. operation of the facility, can It be described as
"temporary?" It should,, be noted that licensing, of, these racill-tiL-8,
requires an 6frice on site for the handling or day-to-day business and
that the Hattains' Facility has such an office. The successful
Operation of' the existing facility do
es not require additional on site
resources, in fact, the, Stat Llce�nsln an
e g, g e cy proPers that theso,
residences be self ' -contained and maintakin a profile that is consistent
With the n ",Ibbrh6od',
7
For the, sake of argument, let us consider what may happen if the
jes Claude as the beneficiary Or the "Aunt Minnie" or
commission quallf. '[can
When he dies or requires more care than the facility
this project. I the I Hastains be perm,itted to
provide, will the use Permit expire or wil tives. or other
cility from it? Will close rela
conti.nue "running" the ra Ide in -the mobile
residen-Ls of the facility be permitted to buy and res
home?
Non -temporary Na,ture of Project
ce the Hastains and their entourage are
We have no doubt that on
installed in this project It will be permanent.
and the fact that it
Consider the size of the mobile home, 1840 sq
is I -the first tr,iple-wide to be used as an "Aunt Minnie" In Butte County.
rage is planned using
Adjacent to the mobile home a 900 sq. ft. ga
conventional non-temparary construction. If' this project were truly
temporary the logical place to install the garage would be adjacent to
the existing house. When the mobile home Is removed, what practical
on (about 200 ft. from the
purpose will the garage, serve in that locati ept the septic system as a
permanent residence)? We are willing to acc
astains provide a bond covering the
temporary reabure providing the H
cost of' its abandonment. I have roughly estimated the cost or this
$so,000 which Is an expense that is
project to be between $60,QOO and thouq a
hard swallow as ',temporary" even , h is being subsidized by the Ca
D I elrita Corporation. of courste- these expenses, are offset by the fact
oe and that the
that the Hastains will live in the mobile home ren free
Improvements Will enhance the profitability or their corporation.
Intention to Violate use Permit
Del liastain has openly stated to me and others that he fully Intends to
his grandchildren as full time residents,
share this mobile home witl application.
This Use would directly violate the terms set, Forth in hi
arned that Mr. Hastain has no regard for- this
The commission stands w is intentions, any violattion or this
restriction and, being warned or h
-ounds for revoking the permit.
restriction should be St
Septic Considerations
On our parcel, we have a substandard well and a, substandard septic
system, both of which will require replacement.. Hastains' proposed
c system Vill eliminate our most practical drilling sites.
septl I
acre
The California Water Quality Control Board has recommended I
minimum for all Septic systems in the Chico area. A glance at the map
wi 1 11 show that this area of' Lott Rd. has become relatively densely
ov6d parcels under I acre. We are concerned
populated wit -b many appr ft Unnecessary
about nitrate loading and consider the proposed project a
burden and a threat to our groundwater.
for the existing
The commission should also look at the septic system
ith regard to its capacity and the likelihood of the
residence wi
equivalent of, tan Full-time residents using It.
4, 4"
Erosion of I Acre Hinimilm
Regardlk'ss of Its official designation, on t,he ground this project will
not look like an "Aunt Minnie.", It will appear to be yet more
development on less than an acre.
We can see where t1)Is use might encourage other elderly citizens to
lease their homes and than claim hardship to the County an.d ask for an
O'Apn,t Minnie" on their property because they have no place to live.
We wish to stress that we have no objection to the legitimate use of the
"Aunt Minnie" ordinance and no objection to the existing facility. We
feel that the proposed project will seriously erode the accept -ability of
these valid uses within our neighborhood in the future, Th�is project
will give them both a black eye.
Alternatives
There presently exists a nonconforming use on this property that could
easil y fulfill �he Hastains' needs. Parked directly adjacent to the
existing residence is a large motor home that has. been connected to the
existing residence's power, water, and septic for the last six months.
T I his vehicle could easily accommodate two people on a temporary basis, Is
on site and ready to go.
There Is a lot for sale directly across Delrita Lane with llturrnt�
It. M..ty 1.0 buy ('11is
property f,or the Hastains' use.
Mitigation
In the event that the Planning Commission should approve this project In
principle, we ask for the following modifications to the projedt and/or
special terms be added to -the permit. We request that:
1) the mobile home be placed on the North side of' the property
allowing us the use of a practical well site or that the
Hastains post a bond to cover the cost of' abandoning the
"temporary" septic system.
2) that the garage be either deleted From the project or placed
adjacent to, t.he existing home.
3) the permit explicitly limit occupation to Del and Rita
Has -Lain and make violatioli of -this restriction grounds for
revoking the permit.
4) the planning commission hold a hearing after two years
before extending the permit.
5) the mo�bor home be stored off the premises.
5) t h e, L�Wo large carqu containers that have been on. the
property, for the last four 'Years be removed,
6) the u n reg Iste red automobile that has.been on the property
fo r the ias+, flvt years be removed.
�4-
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ta
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Ap
............
E S
.4-
4, ADMINISTRATM PERMITS:
DOI 2% Hastainp -AP 040-560-029. request
Unit on a 2455 acte Par- r t-0 allow a detached senior ditizoo dwelling
and Del Rita L. c0l zoned A-10 Iodated at the southeast
ane at 9476 YjOtt Roadi bukham. corner Of t6tt Road
SAhdets made a motion to recommend that t1jo Plan.-,ing Managet approve the
Ad=inintrative Use Permit. for rjel. H.
Hdstain On AP 040-580-029 subject to the ten,
,conditions listed in the memo to the Development Revi
ew Committee dated January 4j 1994.
(1) 'The "living areaj,� meaning the interior habitable
Unit including basements ato attics, but not f100r space'area Of a dwelling
including a garage or ioty
dtructutOi shall not exceed 1,20c square feet. 400086ory
The menior citizen dwelling unit is Intended for the sole Occupancy of
69 years of age or over or t�,to (2) adult per,so one (1) adult
Over,f An affidavit of compliance ns, one Of whom is 62 years of age or
recorded in t With the age requirements of this section shall be
he Office Of the Recorder prior to
rtf fidaVit shall in issuance of build,
Lng permits, Said
c, o n clude the I(aqal description Of the lot or Parcel and shall
stitute A covenant, running with
the land, binding upon the ori
theiz! heirs, OuCcesdors and assigns, limiting the Occupancy of the senior C I itizen,
dWell,ing Unit to the conditions 'Iescribed in this Section. 91hdl. owners and
!rhe senior citizen dwelling un.Lt shall not be sold 48 a separate unit unless a
Pardl containing the Unit is crea , ted in compliance with the existing zoning and
. c
subdivision ordinances and the-'resulitibg dens'
Plan. ItY is in conform
ance with,the General
(4 Two o
ff-street Parking spaces shall be provided for the senior citizen dw�t'k
in addition to the parking spaces requi' �ng unit
red for the Primary dwelling Unit,
JSJ Adequate sewer and water facilities shall be
Provided subject to the approval Cf the
Bnvironmental Health Department. Provide sewage di
Environmental Health requirements, providea sposal facilities which meet
le
2nvi.ronmehta1 Health kequitem Potab . water suppiy which meets
ents.
(6): 'All site, development standards as require�j by
is locatedshall be met. the zon4
Which. th
e unit
(7), The Senior Citizen Dwelling unit shall'be a conventiona-�
mobile home that complies with the National Manufacturd�,, building or a
Safety Standards Act of 1974, and
:a mobile home, exclept that in the "A," "FA�",-,: series Of zones
.,recreational r as definOd in Sect.fion. 24-21 20, may be used. travel trailers and
vehicleg shall not tie Allowed'as. a Senior Citizen D ling, �Uniti
wel
Provide,an allweather access for a, 40,00o Pound fl.
reapparatus,to all strUcturesi
(9)�` 'The approvalof this petmit cdnstitUtdb approval only to the extent that the projpct
complies with the Butte
County Co4e and All. other Applicable 'regulations.
(10) The requirements of all
concbrned governme4tal agencies having jurisdi
including but not limited to, th&', issuands' of apptopr I
iate permitsj ctiOn by law,
shall be metj
Motion- seconde I d by mr.� -4�tickson and carjr�ied unanimou6l
BtJTTE COUNTY'DEVELOPMENT'R
EVIEW COMMITTEE MINDTES,
AdminstrativeTse Permit
J"UARY 241 1994
Ask,
INSTRUIM
ON$ TIO AlDm, I
J�'NIPTIR4TIVE, Peffi IT,APPLKOANTS
if! appl
icalit is not the Owner written authorizat!
ubmittod in order tot the on by the owner or other proof of
agoncY must, be s applicant, to lec
Applicc6tion shall be considered void if not I vally sign the application,
signed by the owner or legal agent,
2. All ite
ms On application shall be tilled in as completely as Possible. If an Jterr� is not
applicable, Please indicate by the term "N/All,
3, It is important that the applicant supply an accurate description of the location Of
the proposed project, including the f011owing,
a Assessor's parcel number(s) (from the tax bills or Assessor's
b. Street addresses, (if available), maps),
C. Distances and directions to. narribd streets, bodies of water or, railroads,
4. Twent
A�.920es Ofa deWiled plot plan ofadequate scale to clearlyshow proposed
DuRiffigs and iMproVeMents shall OCCOMPany andbe made part of the "Applictafion
forAdministrative Use Permit% The Plot planshould be no larger th
an I! �,x IT', be
folded to 8 112" x 11,, and shall include the following infon-nation:
a. Asca,led drawing ofthe parce)(s) boundaries..
b. Location and dimensions of all exi
ncluding buildings, �S�ln' and proposed improvements on
the property, .1 rivewa s, Parking areas, wells, s6pt,,
tanks and leach fields. Ic
C. Location and name cif bordering streets, access�roads, nearby crossroads,
streams, bodies of v%liater and rElilroads,
d. North arrow andscale of drawing:.
5 The "ApPilication for Administrative Permit"
is subject to review by County Staff
and aPpr.0V8I by the Planning Director, Any special conditions Of approval shall
be made a part of th
e apOoyed i "Administrative Permit" and shall be binding on
the applicant The procedure.,) for County action on Administrative , 4
applications are state permit
d in Chapter,24 of the Butte C
Ounty Code.
j� In approving 8nr Ad
ministrattvo Peoft the PI
dond' * Y annino Dreoto may
Mons as are deemed r6acs' I r' include such
onable and necessary under the circumstances to
Preserve the Integrity, and bharacter of the zone�,and to secure'. the general
purpose::,;, of the Butte County General Plan and Chapter
Code. In general, � SaW. Qon(Mlons 'Will be listed as 241 of the Butte County
each use. 10 unique, situatid ris addition standards in Chapter 24 for
they al conditions may be added s0long as
are Pea8onably,related t(�Pi the use for which the p I or It
m is requested.
Appli w" 0 �L 9 5 -
�s o f (I le, re. $ 5�b,
cation Ioes � _ A-7 a
be 0' id I in cash or, by check i1,,a-5d—ep8ya'qbIe to� Pees may
Treasurer of Butte County.
Before submitting an Administrative Permit application, a
discuss with st Pplicant is requested to
aff all questions about application requirements, Co , wnty procedure
zOning provisions and, possible c s,
orlditi.ons of approval,
00
REGULATIONS FOft LARCIE PA
M DAY CARE FACIL11TItS
BUTTE COUNTY PLANNING DEPARTMENT 7
The f011owing
20, of ?he 8condftlonj ShalVbe applicable to all Largelamily Oay,Cate facilities a/geflned'by so
Al2MLgarts r Utte County Code and located w4hln the unincorpora Lid utte ction
area
t of Utte COLInty Itis the
llcanf8 r.!� �Qn Insu I rd that these conditions have been or can b
fln adOgsatmilve
Inform The applical 4a_ol -Mot pil-91 to the
allon or proof ot� cj)MpI[a I I r 9sponsIble for prc� Idi
nce with the conditions. ng, as
�4equested by the Count'
y"
1. The,lacility is a S41gle family,residence that is the princip
c1dental ards' n
clearly In at resId(,,Z the Provider 4
ecOridary to the Use of, the property for t , e of knd the use f�
2. Properties prop osed ential purposes,
for Large Fam
fro Ily day care shall be locag�d '4t least 5
m any 0' ther Large Family day care property and the gran�l 00 feet drNing distancd
residence being bounded g ofthe permit shall not: result In any
3k More than one side by a. La e rAftilly day care.
Large Family day WVO homesshall meet the following to
c control measures.,
"a, In addition to Providing the required number
off street parking space for, each emplo e arkng ""'a S for the residential use, one
spate/ loading area shall be 'P he fabli and One off street parking
0 t
requirement. Pfcvlcled. e driveway ar may be- used to meet this
b. Largo Family day care homes I
-0cated n Principal or minor arterial. roads,
the General Plan Circulation Element all Provide d rop as designated by
vehicles fr�m 6 to -off and plck-up:areas whi
ackIng,on such r, ds, ch Prevent
C, Propenles prop lied! for Large F2 � d
Off of a pav 0, - Mily aY care homes shall have frontage
ed rc0d. R that are c
requir OrlStructed for th
ement shall me' oa#,4( e purpOst-,.
1!et the R C standard as contained In the Butte coup this
Standards contained in Ch ter 20 of the Butte County Cod
Ch, e. mont
One sign, notto excee r
d, 3 squa
/feet, shall be allowed.
The Applicant shah be Ilcos,qd by Ift California Department of social
Licensing for a Large Famil , ay Care Ity, Services, COmmurli I t
facill y Care
The aPblidatit shall.m
pet 11 State Fire Marshal! regulations pertaining to Large Pami
ly day care
The a
pplicant must et all otherappit
Wablo Countyand State ordinances, s
tatu.tes� and regulations.
If the Proposed Large fa ily OpY Care facility doos�,n
be requirw, Ot meet those conditions, �j
POnditionat U a Permit shall
A�s the a H
pp idant to a Large Family Day, Care facility to be I
'County, I have r nd understa cated Within the unincorporated area of a
nd the. above conditions a0s they pertain t utto,
01 my project,
Signed
,Fi"j%ULATI0NS FOR SE'NIOR CITIZEN DWELLING UNITS
BUTTE PODONTYIP P0 P
4� q,;Ni4 _EPARTMENT
The following conditions
shall be applicable to all Senior CItIz0A Dwelling Unit$, as defined In section 24 9 Of the
Bute County Code and located within the unincorporated area of 8u .20
County,
to ur th t thege _conditions hava Haan _0 _M onsibilltv,
applicant shall bim resPONSIble for providing, as n �euor�sje;f�—rbioy r�.hetCh �Epat I v =efp�e'�
the conditions. The
I �f compliance With
(1) The.lot. or par(. -a) On which the senior citizen dwelling unitl
unit, $ Proposed contains an oxi
sting sIn( gle-family dwelling
(2),rhe "living area, " meaning the Interior habitable1bor space,ar�qa of a dwelling unit includir . I
attics, but not including'a 0 or any accesso g basementa, and
ry structure, -shall riot exceed 1,200 square Net for a detached
senior citizen dwelling iinit. The "living area" of an att
80%.of the existing single-family -dwelling . ached�dwelllilg unit shall'not exceed 640
unit living, --IrOa, whichever Is groater,,,�
.(3) The senior citizen dwelflng.unit is Intended for the s
two (2) adult p Ole Occupancy of One ('I) adult 62 years of age or OVet or
ersons, one Of Whom Is 62 years of age or Over, An affidavit Of c64ipliance with the, age
requirements, of this section shall be recordod In the offlic
Said affidavit shall Include the I , e ofthe: Recorder prior to: Issuarice ofbUflding permits
egal description of the lot or parcel and shall cc . n9titute a COVOMInt running Wit
the land, bilidIng Upon the original owners arid h
the serribriell, their helrs� Successors and a ng the occup '
Men dwelling unit to the conditions described l4thl ssIgns, limhl ancy of,
s se�'Von.
(4) The senior citizen,dwelling unit shall not be sold as a separate unit unless a
In compliance with the existl ng zoning and subdivfston ordl Parc0l contahil . mg the unit it created
with the Generw-Plan. nances and the resulting density Is in conformance
(55) Two off-street: parking Spaces s all be provided forthese6lor
spaces required forthe r , h cftlzOh dwelling
primary dwelling unit, unit in addition to the parking
(6) Adequate sewe" and w
r ater facilities shall be provided subject to the approval of the 8nvronmental Health
Department.
M All site development standards as required by the Wiling d" trilct In which t
Is he unit Is located shall. be mot,
The, Senior Citizen Dwelling �urift shall be i� conventionally constructed bulldina Ile home that complies
with the Natlonat Manu ctured Housing Construction and Safety Standards Act OV)'974
or a mobi
except that In the
�FR' and 7M" serilbs, Of ZO110s a mobile hom e as defined in Section 24-21,28, may bousW4 Travel trailers an"
re
creational vehicles shall not be allowed as a' Senior Citizen Dwelling unit, d
�9) The 8Pp rOval 0! this parroit constitutes i approval only to'the extent that the project complies with the
County Code and all other applicable regulations. Butte
J10) Any proposed grading which Will create cuts
drain Of fifirs in excess Of 18" for roads, driveways, building ike6_'
age ways or ditches on Patcelt shall be shown On tile map� Included
teVieWid and a. p Id by the Department of �Flublic Works. With the appil and
rove cation a shall be
(111 The requ1irernents of all concerned c
_1ovemmontat, ag4hcles having by law, Including but not Ilm I Ited
jurisdiction
to the issuance of appropriate si
permli. 8hall be Ir'net.
As the applicant for a' e -
S Nor Citizen Dwelling Unit to be locatedWithin the unincorporated -area, of Butte County;
I have read -and Understand the above conditions as they,pertain to� r
my project,,
Signed
mail
L rw,,�t .5,eo os oopf STATM- ACTIVE
HASTAIN DEL E & RITA M JT'
L; W 170 021 000 STATUS.,
ACTIVE-
GILLEY RICHARD MARION& LILLIANSERI-17-
9476 LOTT RD
DURHAM, C495938
9479 LOTTROAD
DURHAM CA, 95938-
L: 04PI 580� 03PJ Oflik)� STATUS: ACTIVE
ADKISSON JUDITH Q
-.41, 12E 00i
L! 31 5 1713 1, -1 STATUS;
'MACPHERSOli
ACTIVE
SHERMAN D & BRENDA
L755 DFLRITA LN
DURHAff CA 95938
9469 LOTT RD
DURHAM1 CA 959-38
L., 040 580� 031 000 - STATUS: ACTIVE
DORAN COLLEEN FRANCES
Lt o4L -1
a 170 023 000 STATUS.',
ACTIVE
MAIS ALBERT L. KARI J
174.5, DEL. RITA LN
DURHAM A 95938
9455 LOTT RD
DURHAM CA 95938
L. -I 04(if 560 022. 000 STATUS: ACTIVE
LUALLEN, JAMES L & JUDITH ANN
L: 040 17 - 0 1024 ltlfifff STATUS".
ACTIVE
LINDAHL H E & CLARIBELL 6
2354 FLORIDA ST
DURHAM, Ch 95738,
7437 LOTT RD -
DURHAM CA 95938
4 4 049 3 0- 033: 000
lie STATUS; ACTIVE
BAUER EDWARDIC & MARIAN P-
L ONCi 170 026 000 STATUS:
ACTIVE
WHEELOCK0 VINE E
1,75a, ALMOND VIE14 COURT
DURHAK CA 95938
1814DURHAM DAYTON HWY
DURHAM CA 959-38
L; 040 580 034 oofF STATUS: ACTIVE
HICK,.S -STANLEY MONROE MARGARET JT
L: 040 590 021 000 STATUS:ACTIVE
TIPTON DAVID E & SANDRA J17 2GE46888-3
SbONER HARRY F & CAROL M
1765 ALMOND VIERCT
DURHAM CAF 95938
95-08 LOTT RD
DURHAM CA 95938
L i7�40 5,801 034 000 STATUS -ACTIVE
MELCORMARCELLA
L.- 0413 SBO 022 0100 STATUS.
ACTIVE
E
FAIRCHILD ROBERT E & ELLEN CARLA JT
1777 ALMOND VIERCT
.
DURHAM CA 95938
1742 BRINSIO N LN
DURHAM CA 959313
L. 040 5-80 11136 0,00 STATUSt ACTIVE.
SCHUKRAFT DONALDF SUSAWE CP
L., 040, 580' 023 00191 STATUS:
ACTIVE
BRINSON JAMES F & ANDREA D jT
9434 LOTT RD
DURHAM- CA 95-938
173B BRINSON LN
DURHAM CA 95938
L:: 046 580 037 00 STATU,9: ACTIVE'
DUNCAR DONALD L JR & SWIRON M ETAL
L.- 040 580 024 000 STATUS:
ACTIVE
-
BRINSON RUTH ASS
1738 ALMOND VIEW Cf
DURHAK CA:95938
P 0 BOX E15
DURHAM CA 9593B
L: 040 580' 038 000 STATUS. ACTIVE,
BENEKIE ARLYN & MARGARET JT
Lz� 040 5P80 025 000 STATUS:
ACTIVE
TURNER RICHARD C & ROSEMARY
1772 ALMONRVIEW CT -
DURHAM CA 95938
1764 DEL RITA LANE
DURHAM CA 95938
L. E141IJ 560 042 MOO STATUS: ACTI VE
BERTAGNA JERRY J` & PAMELA K
L -r 040 580 OR6 000 STATUS.
ACTIVE
JONES 1"'ENNETH L & JENNIFER R ETAL JT
7445 CORBETT CT
DURHAM CA 95938
17;50 DEL RITA LN
DURHAM, CA 95938
L: 049 580 050 000- STATUSZ ACTIVE
KNAPP WILLIAM H 1 DONNA L
Lz 014ft 028 f3k STAT - US:- 'ACTIVE
NELSON THOMAS 6 &- ALETTE J JT
9482 LOTT RD
DURNAM CA 9593B
9474 LOTT RD
DURHAM CA 95938
15
G) CX,
whe�i, rocordl'a�,d 0
=ail to, W 0 0 Q W:
10atte Countv Planninp, .91 ro i(D W s� P-0
a � Z � V ri 0
-7 County Can - " Drivp_ 0 0 �IC4 et & 1-;4� 0
Graville, CA 9.596,5 & 1-4 1
M 0 (D ID
OWNER S AFFXDAVIT RE 8ENI�OR CD
0 0
CITTZEN DWELLING tr
OD
tBUTTE COUNTY CODE SECTXOr�24-=2) 0 Ea
in
7roperty Owner Del t, Hasta
&.Merls Address 9476 Lott Road, Ddrham,CA 95938 fV 0
C:
,t0minlistrative Permit Number 94-14 W (D
Vroperty Address 9476 toft Road, Durham,,CA 9,5938
Attached t ';All ;x:
?:roperty Description As Exhibl to K)
0 0
0 0
Del. E.-Hasfain owner of 'the above� de-suriried
proper -11--y, do declare, that the i9enior Dwelling unit on the property
described above is now and shall be occup-Led solely by one (1) adult
-qixty-twoo- (62) years of age or over or two (2) adults, one of Vhom is
sixty-two (62) years of age or overi,
This affidavit, which shall be recorded at my request� shall
,Constitute a covenant running with the land, bL;idinq on me and my
UP
neirs,. successors and assigns, and limiting the occupancy of the said
senior citizen dwelling unit in accordance with Section 24-202 1 and as
,pecif ied above 4
declare under penalty of petjury under the laws of the State of
California that the! foregoing is true and correct. Executed this.,
1q. day of Ae(7w-, j 199br, at Califprnia.
Signed
"STATE OF CALIFORNIA
COLINTY OF BUTTE
on this day of 4HW�- in the yearof 15 114
-ore me, th-e7 undersIgnedt','a" Notary Pubfic in, and for,said State,
personally appeared HAt AA�tA Ita
p ved to 'to be
rd me on the basis of evidencie)
thd persohs(s) Whose natd(s) i4/are subscribed to the within
Instrument and acknowledged to me that, he-�she-/they executed, the. same.
WITNESS my hand and offit'al seal.
Notary Pub14 in and for said State.
L S# -AL
WP�"EM%SENIOR.ArF
=0 ,
OFFICtA
97
'WILLIAM J,,LAMBE-:RT
NO-CARY PURLIC - CALIFORNIA V)
COUNTY OF BUTTE
1��WFORNIA� ALL-PURPOSE AtKNOWLEDGMEW No,,6907
,State of.
County of
-On U), -1 -q-q 4 before me, W I L- L- I A M J LA MV� 0" &4 eV%
OA19 NAIVI�-JITL� OFOFFICV, 5,G,,'JAN5 DOC, NOTARY PUB410'
ersonally appeared *bc- L_ EF -.14 6S`m' 0 V -V �� MAS t_1AS_MW
NAME(S)OPSIGNER(S)
Opersonally RiloWn to me - OR proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) �s/are
subscribed to the 'within instrument and ac-
knowledged to me that heltsho/they executed
the s-ame in h4sP+w/their authorized
capa,city(ies'), and that by h4-W4e-P/the1r
S OMCIAL SEAL signature(s) on the instrument the person(S),
WILLIAM J. LAMBE-RT :0 upon behalf of which the
or the entity
)4OyARy pUnLld - CALIFORNIA person(s) acted, executed the instrument.
coutmy OF 13UTTe
eZ MVCbenrllxislonEliplra%SRpL2OiiC96
WITNESS my hand and official seal
M.
SIGN 85ci'NOTARY
fTU
1111V
L
OPTIONA
Though the dafA below is not required by law, it may prove valuable to persons,rdlyingl on the do w m t mid dould prevent
fraudulent. reattachment! of this f orrn.
DESC[t'IPIION OF ATTACHED DOCUMENT
CAPACITY CLAIMED BY SIGNEA
0 INDIVlb-UAL
n" CORPORATE OFFICER -)v A M
TITLE OR TYPE OF DOP
'YMENT
r— -r m G -N b W W—L W4- a VT_
PART1488(s) 171 LIMIT:51)
01 GENERAL
F1 ATTORNEY4N-FAcT NUMBER OF PAGES,
.0 -rRusTEE(s)
GUARDIAN/CONSERVATOO'
0 OTHE' R. cl — 4
DATE OF DOCUMENT
:sldNr-.R WAEPRESENTING,
1"l&oFpFRS0N(S)0RENTV(jES)
THE
SIGNER(s) R THAN NAMED ABOVE
0103'NA*rIONALt4oTAAYAS90CIATION -828613animelAy6,, P.O. 8oX71S4i('An0j,0 Park, CAS11,109,;184
'C -um
o OF
-;2c 11
Ann
PLANNING DIVISION
DEPARTMENT OF,I)EVELOPMENTSERVIC914
7 COUNTY CENTER DRIV
. E - OROYILLE, CALIFORNIA 96845'J397
TELEPHONE, (916) 538-7601
(916) S89-7785
February 16, 1994
Del E. Hastain
9476 Lott Road
Durham, CA 95938
Re: Administrative Permit, AP No4 040-580-029
Dear Mr. H88tain:
On F
ebruary 16, 19,94 the Planning Manager reviewed and approved your request for
a detached Senior Citizen dwelling unit on a 2.55 acre parcel on
located at -the southeast corne , Propertyzoned A- 10,
r Of Lott Road and Del Rita Lane at 9476 Lott Road
Durham, California, subjeft to the f011O'win
9 conditions:
The "living �irea", meaning tile interior habitable floor
unit including habitable' Space area of a dwellih
I basements and attics, but, notincluding a g
accessory structure., shall not exceed lhsM,squar garage or any,
e feet.
2.
The senior citizen dwelling unit shall be for the sole Occt pancy of 0
62 years of a -1 (1,)
ge or over or two (2) adult persons, on adult
e of whom is 62 years of
age or over. An affidavit of compliance with the age requirements of this
section shall be� recorded in the Office of - the Recorder: prior t
building permitj., Said affid vit shal lude the legal description of the lot or
I a I inc 0 issuance of
Parcel and shall constitute a coven
ant running wil h
original owners and the" it. the land, binding upon tfie
Jr h0its, successors and, assigns, limiting th
of thesenior citizen dwelling e Occupancy
Unit to t1he,donditions described in this section.
The serii t Offiken'dwelling unit shall not be so
10 ld as a separate, unit unless a
parcel containi g the unit'
subdivi n is created in oomp la c ith the
14 n �19 wl I
Sion., ordinances, and the te existing zOh'hg and
sulting density in Conformance with th
General Plan. Is e
Admik
4. Two off-
street parking SPOCes. shalt
unit in be proVided for the senior citizen d I Welilng
addition to the Parking SPac.e-9 required for the primary dwel I ff g unit,,
in
�50, Adequate sewer and Water facilitle.A.1'shc' .111 be prov-
ided subjbct to the approval
of the Environmental Health DepArtment. Provide sewage disposal facilities
I
which Meet Env'Wonmental Health requicements. Provide a Potable water supply
Which meats Environmental Health re'l
quirements.
6. All site development standards as requived b
unit is located shall be met. the zoning district in which the
7. The Senior Citizen ',,,tvOIllng Unit shall be a conventionally constr
or a mobile home th ucted building
at complies with the National Manufactured Housing
Construction and Safety Standards Act of 19,74, except that in the "A, "FR11,
and "TM" series of zones a mobile home, as, defined in Section 24-21.298, rnay,
be used. Travel trailers and recreational vehi 11
Senior Citizen Dwelling Unit. e hall not
I be allowed as a
8. Provide an all weather access fo
structures. r a� 40,000 Pound fire apparatus to all
The approval of this permit constitutes ap
project, complies with the e PrOvOl 0,4111f to the extem that the
regulations. utte County Code and all other applicable,
10. The requirem' ents of all concerned governmental agenvies, having jurisdictioi I I,. by
law, includl hgj but notlimited to, the issuance of ap
met. Propriate permits, shall be
Minor changes may be approved administratively
Development S , by the Director of
ervices upon recelot of a substantiated: r e
aPPlIcant. 'Prior W itt n req u e'st by th
e
to such approval, verif! atIOR shall b -a made by'
D(jpartment'or Division that the modificatio C each
nis cons,
fees Paid and env* Isterft witill the applicat'
Pon,
ironmental determination as cor4'tlonally approvj�d. Chan
deemed to -be major or significant in nature shall re' gles
qmendm nt. �Iulrea fqrpl".91 cipplic0lon, for
e
Should You desire, to, appo
al the Plohn! Manager's dedsiqn:or,6�ny of the condit'
YOU'Must do so in writing With the ap eal fee of $2
P
7 County Center V, to t 1OPlanning Div!
r v6a,',Qeov�' Ision,
I 'Ile?. California, prior to 4:00 P.M., Monday, February 28,
1994. IfYoudonotappeajr�indl
if the
re are no other appeal W thin 'the 8 -da
Period, your Administrativ6",;�,�rmit will. be 4 -qU 'd cftet Feb i y appeW
is e
tuary 28, 1994,'
Aft'
coun
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENItjj t)AIVS - OROVILLE,'
CALIFORNtA 9SM',,397
EPHONE., (9 1$) 5313�7601
FAX: (91pl 538-77 . 86
7--- -7
MW
BUTTE COUNTY DEVELOPMENT SERVTCES DtpARTMENT
NOTICE OF PROPOSED ADMIN18TR&TIVI�-
PERMIT APPROVA
Notice Is hereby given that the Butte County Director of Development Services is proposing to grant an Administrative
P.Ormft to allow jDat E. Hostain a detached senior Citizen dwelling Unit one 2.55, acre parcat on property zoned Aw
10 (Agricultural -10 acre pamets)� identified as Assessors. Parcel #040�580-029 located at the southeast corner of
'Lott Road and Dol Rita Lan# at 9476 Lott Road,,D u rhum, CA. The permit may I be granted subject to the foL Lowing
1. The '!Living orda,fj meaning the interior habitable floor space aeon of a dwelling unit including habitable
baft.oments and attics, but not including a garage or any accessory structure, she U not exceed 1j,20 . 0 square
feat.
21 The senior citizen dwelling unit shall. be foe the note occupancy of one (1) adult 62 years ofage or
over or two,(2) aduLt persons, one of whom is 62 years of age or over. An affidavit of compliance with
the ajd requirements ofthis section shalt be recorded in the office of the Recorder prior to Issuance
of bultding,permits. Said offidavitshatt include the Legal description of the Lot or parceL and shall
cojifh4te a doveripnit running With the Land, binding upon the orioinat owners and their heirs, successors
and agsIgnsi Limiting the occupancy of the senforcitizen dwelling unit to the 'conditions described in
thi's section.
The stinfor citizen dwelling unit sbatt not be sold as n separate unit, univess a, parcel containing the
unit is created in conipliance, with the eXisti"g zoning and subdivision ordinances and the resutting
dens�ty is in conformance with the denerat Plan.
-4. two 6ff�gtreet parking spaces shatt be provided for the seni
patking spaces required for the prfmaryidwetting unit. ior citizen dwelling unit in addition to the
5. Adequate sewer and water facilities shall be, provided subject to the approval of theEnvirornental Health
Department. Provide sewad6 disposal facilities which meet' Environmental Health requirem
I enta. Provide
a potable water supply which meets Erivironmaintat Health rkpirement.s.
4. ALI Site development standards as required by the zoning district In which the unit is Located shalt be
�7. The Senior, Citizen Dweiting Unit shall be a conVentio.notty constructed bultdingi or a mobite honie that
compiles, with the Natf omt Hamf I actured Housing Construction and Safety Standards Act of 10.74, except that
in the 11A,11 01FR,1$ and JiT146J series of zones a mobile home, as defined in Section 2,4-21.28, may be used.
Travel trallers,and,recreational, vehicles shall not be allowed as a tenf I or Citizen Dwelling UM11:4
a. Provide 'an sit weather access for A 40,000 pound fire apparatus to all strUcturdso
The approvai of this.perinit constitutes approval only to the extent that the project complies with' the
Butte County Code and att other applicable regulations.
10i The requirements of at( concen*d govertywmtoL agencies having jUrisdi,ction.by Law, including, but not
Umited,to,the issuance of appropriate permits, shalt be met.
Minor changes May be -approved adiilfhj"�ltratrivo(y by the Director of DeVetopment Servic as or his designee
upon receipt of a sUbstoiitlated Utitten request by the applicant. Prior to such approve . t,, Ver i
Motion
shalt be made by each Department or Division that the modification is consistent with the 6ppLicati-ohi
f ees, paid and environmental determination as conditionally approvedi'. Changes deemed to be major a r
stgnIfIcantAn natureshalt'requfre a formal application for, amendment.,
Ptrodns wishing to conflent, on the' project may sLtmit writtel! cmiments to the Butte County Planning Division any
time prior to Wednesday, February 9i 1994. The Director 'of DdVetopment Services shalt consider all C'Mronts, in
&t6training If the application meets, att 61f; the, i1mvit conditions and criteria. Upon fitidMg. that the proposed use
doot or Witt meet all of the conditions and criterlak thie� Director may approve the request on , Uednesdayj February.
14, 1904. Any interested a.
portion may appe L the decision of the' birecltor of,DeVeLopment Services by submitting a
urVuen appeal, accompanied by $250.06t to the Butte Counry Devetopment SeMces,bepartment at 7 County Center bt..
Cr�,kitej CA 95965 prior to 4*00 p.m. Mbriday, Febeivary 28, 19,94. 1f You do not appeal and if there are no other
appea s within the 6 -day appeal period, Your AdT4nistrbtIve,Pem1t WfLI, bd issued after Februar 28* 1994*1
bter-Departmental Memorandum
TO: Development Review Committee
FROM Planning Staff
SUBJECT; Administrative Permit for Del E. Hastain, AP No. 040-580-02.9
DATE: January 4, 1994
This is a request for an Administrative, Permit to allow a detached Senior Citizen
Dwelling Unit on a 2.55 acre parcel located at -the southeast corner of Lott Road and
Del. Rita Lane at 9476 Lott Road, Durham. The parcel iszoned A-10 (Agricultural
10 acre parcels). The applicant proposes to place a Senior Citizen Dwelling Unit no
larger than 1,200 square feet for 1 or 2 persons age 62years or ever on the rear portion
of the property. The site meets all setback requirements for the zone. The project,
appears to meet all of the conditions required for a Senior Citizen Dwelling Unit as
listed in Section 24-202 of the Butte County Code. The following conditions 'are.
recommended:
(1) The "living area," meaning the interior- habitable floor space area of a dwelling
unit including 'basements and attics, but not including a garage or any accessory
structure, shall not exceed '1,20O.squard feet.
(2) The senior citizen dwellin unit is intended for the sole occupancy of one (1) adult
�,62, years of age or over or 'two. (2) adult persons, one of whom is 62 'years of ag(,,,
or over. An, affidavit of compliance, with the age requirements of thi& 8ection
shall.
be recorded in the: office of the Recorder prior to issuance of buitding perrnif�.
Said affidavit, shall include the legat description of the lot or parcidf and shall'
constitute a covenant running with the land, binding upon 'the originad owners and
their heirs, successors and . assigns, hiniting the occupancy of the senior citin''
pir n
dwelling unit to the conditions described, in this Section.
(3) The. senior citizen dwelling unit shal1not be sold as a separate. unit unless g, parcel
containing the unit is created i compliance with the existing zonin'g and
subdivision ordinances and' the. resulting density, is in conformance, with the
General Plan,
(4) Two off-street p arking spaces. shall, be provided for the senior citizen dwelling unit.,
in addition 'to the parking spaces required for the primary dwelling unit.
(5) Adequate -sewer and water sbaU ba provided subject to the
approval of
the Environmental Health Department, Provide sewage. di osal facifities which
e sp
meet. Environmental Health requirements. � Provide a potable water supply which
meets Environmental Health requirements.
FOP,
Oq 0 0? -g
A r'3 r,
County Publi c Works
County, Environmental Health
state �Ou
— City of Biggs
Water Department
U.S. Forest
— City of Chico
Sorv'
ice
— City of Gridley
U,iS. Bureau Of Land Management
— City of OroVille
Butte County Mini
Ing Conunittee
— Town of paradise
State Department of F ish & Game
Planning Department
SEate
Califbr nia Native Platt, Society
State Div. Fcre8try
Transportation Department
- attention
Craig Carter
Regional Water Qual. Contro 1 Bd.
pomzg 'C WA"-%-,=
State Reclamation Board
Butte Water District
California Water service Co.
SM34E:xzs
�R�i�hvale
Del Oro Water Co,
Sanitary District
OWID
North Burbank Pub. util, Dist.
Thermalito Irrigation b'.cit
I zict
Skansengub. (CSA 1121)
Tr
Stirling
Other
City Sewer Maint_ Dis,-,
Thermalito Irrigation District
(CSA #26)
PG&:E- North (i_-,hico)
PG&E :South (Marysville)
B1!qs-W*Gridley Water District
Pacific Bell
Butte Water District
State TV Cable
Durham Irrigatio,,j District
Viacom TV Cable
OWID
Paradise IrtigatianDittrict
Aichvale Irrigation District
�:rlzm
.El Medio Fire Protection Dist.
Table MoUnt�dn Irrigation Di' s
Thermalito Irrigation District
County Fire Department/CDF
MRATM-Agg r)-T-s=l:z-r--
A V�,
S T
Durham, Orovill e or B.jjtte COUn
C Mz: PROMIZC! rx
S�—rjgxc-x
State Ri'ghwiy--' Pat -r-01
County Sheriff
tz% v-,
RECRM-A XON 7,AC-rT.2:=-M:S
Chicd Area -Recreation Dist ict
Durham Area R, & Park 6ist,4
Patadise� Pines- Architectural,
'Control
Feather River Red, & Park Dist.
'Paradise Red. & Park
ComMi ttee
Butte County Farm Buteaii.
Dist.
Ridhvale Rec�. & Park Dist,.
'Community AsSOciationi
State Parks & Red Deptj
1 iiji.6. 1 iii"