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Home My WebLink AboutMUP 00-04PROJECT SUMMARY SHEET FILE ,w Ar'.IICANT: Kenneth &Jeanette Niblett ADDRESS: 13707 Nimshew Road, Magalia, CA 95954 OWNER: Same ADDRESS: REPRESENTATIVE: ADDRESS PROJECT DESCRIPTION: PROPERTY ZONED: AR 2.5 (Agricultural -2 '/� acre parcel) LOCATED: 13707 Nimshew Road, in Magalia AP#:066-360-094 TOWN/AREA: Magalia GENERAL PLAN DESIGNATION: Agricultural 1. Application complete: 11-10-99 Amount: S 350.00 Receipt #: 18014 2. Comments sent to: E H , P/W, LAFCo, DDS, Assessor, CDF, PG&E, Pacific Bell, & F & G 3. Comments received from: 4. 5. 6. 7. Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Stephen Betts Environmental Determination: State Clearinghouse No: 8. Staff Report: 9. 10. 11. 12. 13. 14. Subject to Fish & Game: IQ D _Categorical Exemption-CEQA# 3 Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Project Video: No Release to publish: Clearinghouse circulation required: Yes _K Date Sent to SCH: Publication Notice Written: Display Ad Prepared: Notices Mailed: ��— % Number of Notices: Newspaper Publication Date: A47 - /s -Ra -9 y@ 9:* Planning Commission Hearing(s): / — / 3— 00 ce . 5'0,4' elAction taken: e Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Adopted: & Game Fees Paid: Yes No When recorded mail to: Butte.Countyi Planning Division .7 County Center Drive Qi'oville CA 95965 Property Owner OWNERS AFFIDAVIT SECOND DWEUJNG UNIT Kenneth R. & Jeanette A. Niblett Owner's Address 13707 Nimshew Road, Magalia, CA 95954 Property Address Same Assessor's Parcel # 066-360-094 Recorded OfficialRecords Count BUTTf E CANDACE J. GRUBBS Recorder ROSEMARY DICKSON Assistant 03:26PM 28 -Jan -2000 Minor Use Permit # MUP 00-04 REC FEE 19.00 COPIES 3.00 Fay Page 1 of 5 Property Description Attached as Exhibit • (3 (fin maP I, Com` ^. ner of the above described property, do declare, that either the primary dwelling or the Sec nd Unit is now and shall be occupied by the owner,of the real property. This affidavit, which shall be recorded at my request, shall constitute a covenant running with the land, binding upon rue and, my heirs, successors and assigns, and limiting the occupancy of one of the dwelling units in accordance with Section 24280 and as specified above. I declare under penaly of perjury under the laws of the State. of California that the foregoing is true and correct. ExEcuted this A7H day of -J�1UAZY , at 1'XZ4P 15 E , California. Signed STATE OF CALIFORNIA ��r.ir�l_-cli CL, `IraLL'ti o�n�-% ` �' bPe CO �AA'' `` OF BUTTE On.�1!/�N n ?QOD before me, 2 dL3LIL, personally appeared personally known to me - ORproved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) c n the instrument the person(s), or the entity upon behalf of whigh the person(s) acted, executed the instrument. P PAIGE HkR-,PER y Commision # 1132673 r w Notary Public - California" -ri BUTTE County ,r My Comm Expires Apr 03, 2001IF is chibi t. roan • The land referred to herein is described as follows., All. that certain real property situate in the County of Butte,' State of California, described as follows: PARCEL. 1 Being a portion of Lot 3 of Section 34, Township 23 North,. Range 3 East, M.D.M'., being a portion of the Melvin E. Chester parcel, as shown on tha: certain Record of Survey Map filed in the office of the Country Recorder of' Butte County, California, on August 22, 1984, in Book 96 of Maps, page 29, and being a portion of that certain parcel of land described in Deed to Eugene Vesely, et ux, recorded May 1, 1990, Series No. 90-1.7440, Butte County Official Records, and being more particularly described as follows; BEGINNING at the Southeasterly corner of Chester parcel as shown on said Record of Survey Map, said point being located on the Westerly 3aight of way line of Nimshew Road, being 30.00 feet Westerly of the centerline of said road.; thence following along the Southerly boundary line of said Chester parcel, North 870 58' 40" West for 600 feet, more or less to the centerline of the Pacific Gas and.Electric Company ditch, said point being the true point of beginning for the parcel of land herein described; thence from said true point of beginning, continuing along said Southerly boundary line of the Chester parcel and Vesely parcel, North 870 58' 40" West for 1208 feet, more or less, to the Southwest corner of said Chester parcel and Vesely parcel, being located on the Westerly boundary of said Lot 3 of Section 34; thence following along said westerly boundary lane and along the Westerly boundary line of said Chester parcel and Vesely parcel, North 00 07' 47" West for 200 feet: to a point on a line located 200.00 feet Northerly of and parallel to the Southerly.boundary of said Vesely parcel; thence following along said parallel line, South 87" 58' 4011 East for 1225 feet, more or less, to said centerline of the Pacific Gas and Electric Company ditch; thence following along said ditch centerline, Southerly 200 feet, ino:re or less_, to said true point of beginning. EXCEPTING THEREFROM, HOWEVER all mineral rights of said land heretofore conveyed to Ethel Mine, a corporation, by Deed dated May 28, .1898 and recorded in .Book 50 of Deeds, at pa9e 416, Records of Butte County, California. PARCEL Ili A non-exclusive easement for road and public utility purposes over a strip of land 60.00 feet in width, lying 60.00 feet Northerly of the following described line: Being a portion of Lot 3 of Section. 34, Township 23 North, Range 3 East, Mount Diablo Meridian, being a portion of the Melvin E. Chester parcel, as shown on that certain Record of Surrey Map filed in the office of the Recorder of the County of Butte, State of California, on August 22, 1984, Bonk 96 of Maps, at page 29 and being a portion of that -certain parcel of land described in the Deed to Eugene Vesely, et ux, recorded May 1, 1990, y � • Instrument No. 90-17440, Butte County Official Records-arid being more particularly described as follows: ari Beginning at the Southeasterly corner of the Chester parcel as shown o: said Record of survey Map,, said point being located on the Westerly right &f way lane of Nimshew road, being 30.00 feet Westerly of the centerline of said road; thence following along the Southerly boundary line of said Chester parcel North 870 58' 4011 West for 613.00 feet, more or less, to the centerline of the Pacific Gas and Electric Company ditch to the end. of this easement. No. 066-360-086 Exhibit IIB,t All that certain real property situa'te in the -County of Butte, State of California, described as follows.- Be-ing .,a portion of. Lot 3 of Section 34, - Township 23 North, Range 3 East: Mount Diablo Meridian, being a portion of the Meqv-in E. Chester parcel, as shown on that certain Record of Survey map recorded in the Office of the Recorder of, the County of *Butte, State of California, on Auqu6t 22, 1984 in Book 96 of Maps at Page 29, and being a portion of that certain parcel of land described in the deed to Euge,ne Vesley, et wc, recorded in the Office of the Recorder of the County of Butte, State o,11-: California, on May 1, 1990, as Recorder -Is Serial No. 90-17440, and being more particularly described as follows: said at the Southcia,sterly corner of the Chester parcel. as shown on sa,id Record of Survey Map, said point being located on the Westerly right-of-way line of Nims'hew Road, being 3 centerline' 6-00 feet Westerly of the of said road; thence along the Southerly boundary line o.1f Said Chester parcel, North 87*58'40" West. 610.60 feet to the Southeast come: of that certain parcel of land described in the de -ed to Kenneth R. and Jeanette A. - Niblett, recorded, in the' office ice Of theRecorderof the County of Butte, State of Cal 4 f ornia, on May 1, 1996, as Recdrde r Is Serial Njo. 9,6-016291; thence North 090021531, East, 201.37 , feet -to the Northeast corner of said Niblett parcel of land; thence South 77017,231" East, 595.19 feetto the said Westerly right-of-way line Of Nimshew Road; ther1ce South 101814811 West, 69.48 feet to the POINT OF BEGuillING, and containing 2.00 acres, more or less. • .o NEW BOUNDARY UNE o PONDCR03A N iV WAY P.G.&E. DITCH 3 U) 595.19.�C) = 27 26 34 35 z O VESLEY ' SITE T23N R3E , &l LOCATION MAP NTS S87'58'40"E, 1225.00' v 1 NIBLETT o PER 96-016291 0 5.57 AC (OG) 0 7.57 AC (RN) cli 3 r 0 0 z 1208'(D) A 1197.64'(1 NOTE: N89'39'33"W, � U 3 W NEW BOUNDARY UNE U N iV P.G.&E. DITCH PO 0 U) 595.19.�C) Z -. U ORIGINAL BOUNDARY UNE o O VESLEY ' , THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. P PAREDBY�: APPROVED BY: ROBERT G. AGEE STUART EOELL, RCE 29132 LS 4010,EXP 6/30/00 BUTTE COUNTY DEPUTY SURVEYOR REG EXP 3/31/99 SCALE: 1"=100' VESELY. PER 93-052907 5.25 AC (OG) 3.25 AC (RN) LEGEND: (R) = RECORD PER 96 M 29 (D) = RECORD PER 96-016291 (D1) = RECORD PER 93-052907 OG = ORIGINAL ACREAGE RN = RESULTANT ACREAGE A = CALCULATED POINT (C) = CALCULATED SOUTHEAST CORNER 96 M 29 .AND S `\vac' Q� G',c•` ('gyp O " 0.4 0 \�F CAO- - AP 66-36-86 & 88 EXHIBIT "B" LOT LINE ADJUSTMENT FOR NIBLETT & VESELY A PORTION OF LOT 3, SECTION 34 T 23 N., R. 3 E., M.D.M. Q BUTTE COUNTY, CALIFORNIA PREPARED BY.• SIERRA WEST SURVEYING 5437 BLACK OLIVE DR. (916)877-6253 PARADISE, CALIFORNIA • 95969 OCTOBER, 1997 SHEET 1 OF 1 NEW BOUNDARY UNE Q) ' S77*1723"C' o 595.19.�C) o VESLEY cv TO &l NIBLETT 2.00 AC N ROAD & PUFL 005 60' I-� Z PER (D, D1) 10.60 D1 '6 0. N 87'58'40"W, i 808.24'(C)(R),1808'(D) THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. P PAREDBY�: APPROVED BY: ROBERT G. AGEE STUART EOELL, RCE 29132 LS 4010,EXP 6/30/00 BUTTE COUNTY DEPUTY SURVEYOR REG EXP 3/31/99 SCALE: 1"=100' VESELY. PER 93-052907 5.25 AC (OG) 3.25 AC (RN) LEGEND: (R) = RECORD PER 96 M 29 (D) = RECORD PER 96-016291 (D1) = RECORD PER 93-052907 OG = ORIGINAL ACREAGE RN = RESULTANT ACREAGE A = CALCULATED POINT (C) = CALCULATED SOUTHEAST CORNER 96 M 29 .AND S `\vac' Q� G',c•` ('gyp O " 0.4 0 \�F CAO- - AP 66-36-86 & 88 EXHIBIT "B" LOT LINE ADJUSTMENT FOR NIBLETT & VESELY A PORTION OF LOT 3, SECTION 34 T 23 N., R. 3 E., M.D.M. Q BUTTE COUNTY, CALIFORNIA PREPARED BY.• SIERRA WEST SURVEYING 5437 BLACK OLIVE DR. (916)877-6253 PARADISE, CALIFORNIA • 95969 OCTOBER, 1997 SHEET 1 OF 1 When recorded mail to: IIII IN 11111111111111 Butte County Planning Division .7 County Center Drive 0IGD GD3556 OroN[Ee CA 95965 Recorded I REC FEE 19.00 • Official I COPIES 3.00 yyRecords CoBUTTEOf 1. 1 CANDACE J. GRUBBS I Recorder I ROSEMARY DICKSON I Assistant I Fay 03:26PM 28 -Jan -2000 I Page 1 of 5 Property Owner OWNERS AFFIDAVIT SECOND DWEWNG UNIT Kenneth R. & Jeanette A. Niblett Owner's Address 13707 Nimshew Road, Magalia, CA 95954 Property Address Same Assessor's Parcel # 066-360-094 Minor Use Permit # MUP 00-04 Property Description Attached as Exhibit W a On nI Q,P ner of the above described property, do declare, that either the primary dwelling or the Sec nd Unit is now and shall be occupied by the owner of the real property. This affidavit, which shall be recorded at my request, shall constitute a covenant running with the land, binding upon me and my heirs, successors and assigns, and limiting the occupancy of one of the dwelling units in accordance with Section 24-280 and as specified above. I declare under penaly of perjury under the laws of the State. of California that the foregoing is true and correct. Executed � n this �5-W day of 3AML AZY , at 1'AVAP> 15 E California. Signed-� STATE OF CAUFORNIA iL�.,��zl� (Z. L�+`zT on I� COUNTY,OF BUTTE ^ - Onyar %00 before me, a 2L3LIL-, personally appeared r� 1 personally known to me - OR proved to -me on the basis of satisfactory evidence to be the erson(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whigh the person(s) acted, executed the instrument. P PAIGE HARPER ca Commision # 1132673 r` ix Notary Public - Californias -� BUTTE County MY Comm Expires Apr 03, 2001IF • Exhibit "Aa • The land referred to herein is described as .follows: A.11. that certain real property situate in the County of Butte, State of California, described as follows: PARCEL I: Being a portion of Lot 3 of Section 34, Township 23 North,' Range 3 East, M.D.M., being a portion of the Melvin E. Chester parcel, as shown on that certain Record of Survey Map filed in the office of the County Recorder' of Butte County, California, on August 22, 1984, in Book 96 of Maps, page 29, and being a portion of that certain parcel of land described in Deed to Eugene Vesely, et ux, recorded May 1, 1990, Series No. 90-17440, Butte County official Records, and being more particularly described as follows: BEGINNING at the Southeasterly corner of Chester parcel as shown on said Record of Survey Map, said point being located on the Westerly right of way line of Nimshew Road, being 30.00 feet Westerly of the centerline of said road; thence following along the Southerly boundary line of said Chester parcel, North 87° 58' 40" West for 600 feet, more or less to the centerline of the Pacific Gas and.Electric Company ditch, said point being the true point of beginning for the parcel of land herein described; thence from said true point of beginning, continuing along said Southerly boundary line of the Chester parcel and Vesely parcel, North 870 58' 40" West for 1208 feet, more or less, to the Southwest corner of said Chester parcel and Vesely parcel, being located on the Westerly boundary of said Lot 3 of Section 34; thence following along said Westerly boundary lane and along the Westerly boundary line of said Chester parcel and Vesely parcel, North 0" 07' 4711 West for 200 .feet to a point on a line located .200.00 feet Northerly of and parallel to the Southerly. boundary of said Vesely parcel; thence following along said parallel line, South 870 58' 40" East for 1225 feet, more or less, to said centerline of the Pacific Gas and Electric Company ditch; thence following along said ditch centerline, Southerly 200 feet, more or less, to said true point of beginning. EXCEPTING THEREFROM, HOWEVER all mineral rights of said land heretofore conveyed to Ethel Mine, a corporation, by Deed dated May 28, .1898 and recorded in Book 50 of Deeds, at page 416, Records of Butte County, California. PARCEL XI: A non-exclusive easement for road and public utility purposes over a strip of land 60.00 Feet in width, lying 60.00 feet Northerly of the following described line: Being a portion of Lot 3 of Section. 34, Township 23 North, Range 3 East, Mount Diablo Meridian, being a portion of the Melvin E. Chester parcel, as shown on that certain Record of Survey Map filed in the office of the Recorder of the County of Butte, State of California, on August 22, 1984,. Book 96 of Maps, at page 29 and being a portion of that -certain parcel of land described in the Deed to Eugene Vesely, et ux, recorded May 1, 1990, • • Instrument No. 90-17440, Butte County Official Records and being more particularly described as follows: Beginning at the Southeasterly corner of the Chester parcel as shown on said Record of Survey Map, said point being located on the Westerly right of way line of Nimshew road, being 30.00 feet Westerly of the centerline of said road; thence following along the Southerly boundary line of said Chester parcel North 870 58' 401, West for 613.00 feet, more or less, to the centerline of the Pacific Gas and Electric Company ditch to the end of this easement. AP No. 066-360-086 • 0 All that certain real property situate in the County of Butte, State of California, described as follows: Being a portion of Lot 3 of Section 34, Township 23 North, Range 3 East, Mount Diablo Meridian, being a portion of the Melvin E. Chester parcel, as shown on that certain Record of Survey map recorded in the Office of the Recorder of the County of Butte, State of California, on August 22, 1984 in Book 96 of Maps at Page 29, and being a portion of that certain parcel of land described in the deed to Eugene Vesley, et ux, recorded in the Office of the Recorder of the County of Butte, State of California, on May 1., 1990, as Recorder's Serial No. 90-17440, and being more particularly described as follows: Beginning at the Southeasterly corner of the Chester parcel as shown on sa:;d Record of Survey Mao, said point being located on the Westerly right -of -wad{ line of Nimshea Road, being 30.00 feet Westerly of the centerline of said road; thence along the Southerly boundary line of said Chester parcel, North 87°58140" West, 610.60 feet' to the Southeast corner of that certain parcel of land described in the deed to Kenneth R. and Jeanette A. Niblett, recorded. in the' Office of the Recorder of the County of Butte, State of California, on May 1, 1996, as Recorder's Serial No. 9.6016291; thence North 091102153" East, 201.37 feet to the Northeast corner of said Niblett parcel of land; thence South 77017123", East., 595.19 feet to the said Westerly right-of-way line of Nimshew Road; thence South 1018148" West, 69.48 feet to the POINT or BEGIv*7ING, and containing 2.00 acres, more or less. 0 NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. P PARED BY - APPROVED BY: ROBERT G. AGEE STUART EDELL, RCE 29132 LS 4010,EXP 6/30/00 BUTTE COUNTY DEPUTY SURVEYOR REG EXP 3/31/99 SOUTHEAST CORNER 96 M 29 Sip LAND SU�`l, EXHIBIT "B" LOT LINE ADJUSTMENT FOR c NIBLETT & VESELY 0. Q 0 A PORTION OF LOT 3, SECTION 34 CAS -1F0 AP 66-36-86 & 88 T. 23 N., R. 3 E., M.D.M. 4 BUTTE COUNTY, CALIFORNIA PREPARED BY. SIERRA WEST SURVEYING 5437 BLACK OLIVE DR. (916)877-6253 PARADISE, CALIFORNIA • , 95969 OCTOBER, 1997 SHEET 1 OF 1 f'ONOCR03A , WAY I w 27 26 z 34 35 N89'39'33"W, 558.62'(D1) 1 S Q�T23N I SCALE: 1"=100' 1 ' R3E b VESELY I LOCATION MAP NTS v PER 93-052907 5.25 AC (OG) ,. o P.G.&E. DITCH 3.25 AC (RN) oN rn rn LEGEND: rn a ORIGINAL BOUNDARY LINE (R) = RECORD PER 96 M 29 � (D) = RECORD PER 96-016291 (D1) =RECORD PER 93-052907 v 3D K OG = ORIGINAL ACREAGE, co I 0 1229.78 (o NEW BOUNDARY UNE RN = RESULTANT ACREAGE o -00 z oc n S77, = CALCULATED POINT ►� r I v NIBLETT ^�% 17 23"E, Sg 5.19'(() (C) = CALCULATED N o PER 96-016291 �,�� 5.57 AC (OG) N .7.57 AC (RN) ov VETOEY 3 "NIBLETT `" � 3 ih 2.00 AC 0oNvoi PUE�- _ o� 30' 30' z 1208'(D) Q, z 60' ROAD & PER (D, D1) 1197.64' C N � Q; °D 10.60 D1 '6 + / N87'58'40"W,1808.24'(C)(R),1808'(D ) NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. P PARED BY - APPROVED BY: ROBERT G. AGEE STUART EDELL, RCE 29132 LS 4010,EXP 6/30/00 BUTTE COUNTY DEPUTY SURVEYOR REG EXP 3/31/99 SOUTHEAST CORNER 96 M 29 Sip LAND SU�`l, EXHIBIT "B" LOT LINE ADJUSTMENT FOR c NIBLETT & VESELY 0. Q 0 A PORTION OF LOT 3, SECTION 34 CAS -1F0 AP 66-36-86 & 88 T. 23 N., R. 3 E., M.D.M. 4 BUTTE COUNTY, CALIFORNIA PREPARED BY. SIERRA WEST SURVEYING 5437 BLACK OLIVE DR. (916)877-6253 PARADISE, CALIFORNIA • , 95969 OCTOBER, 1997 SHEET 1 OF 1 y Sol Kenneth and_J6dnette Nible�tt —(_Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling unit on property zoned AR -2.5 - _ (Agricultural Residential - 2.5 acre parcels). The property is located at 13707 Ninshew Road, Magalia. APN 066-360-094 (SB) (MUP`00-04) Commissioner Lambert questioned the water supply being from one well.to both dwellings: She asked what happens if the property is.divided? Commissioner Mooney said the applicant would have to show proof of water. Mr. Erickson said the applicant will need to set aside an area for a second well for the second dwelling. He said the property owners can enter into an agreement to use the existing well for both parcels. He said.the County would ask for a recorded water line easement. Chairman Leland asked regarding Items 6 and 7 on Page 3 of the report, it talks about road improvements, if this was a two lot subdivision, would the applicant be required to upgrade Nimshew Road as in #6 or come up with a permanent drainage solution as in #7? Mr. Wilson said that in the development of the Report, staff discussed this with Mr. Edell, Land Development Division, to confirm that there were no road improvement requirements on either this item or the next one. It was moved by Commissioner Nelson, seconded by Commissioner Mooney, and unanimously carried to approve the Consent Agenda. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES 0 JANUARY 13, 2000 0 Kenneth and Jeanette Niblett - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling unit on property zoned AR -2.5 (Agricultural Residential - 2.5 acre parcels). The property is located at 13707 Ninshew Road, Magalia. APN 066-360-094 (SB) (MUP 00-05) Mr. Wilson gave a brief summary of the project. The hearing was opened to the public. Mr. Niblett said he was there to answer questions. He said he agreed with the conditions. The hearing was closed. Mr. Wilson recommended to the Planning Commission that the Minor Use Permit for Kenneth and Jeanette Niblett to allow a permanent second dwelling unit be approved subject to the findings and conditions listed in the Agenda Report and the item be scheduled for the January 13, 2000, Planning Commission Consent Agenda. If the Planning Commission concurs with the recommendation, the Minor Use Permit can be issued. t I. Determine the project to be Categorically Exempt from environmental review under Section i 15303(a) of the California Environmental Quality Act. II. Recommend approval to the Planning Commission for a Minor Use Permit, MUP 00-04, for Kenneth & Jeanette Niblett to convert the existing 2,460 sq. ft. home into a second dwelling 4 unit and allow a new 3,000 to 4,000 sq. ft. main dwelling unit, on APN 066-360-094, subject to the conditions found in Exhibit "A" and based on the following findings: A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Project conditions of approval have been applied to this project pursuant to the ' applicable requirements of Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units of the Butte County Zoning Code, the Butte County Environmental Health Department and -Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is,designated Low Density Residential and zoned AR -2.5. The Low Density Residential land use designation allows single family dwellings as Primary Uses. The AR -2.5 zone allows second dwellings upon approval of a Minor Use Permit. s B. That the location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES — DECEMBER 22, 1999 ■ r The project is in harmony with scale, bulk, coverage, and density because the additional dwellings will not cause over coverage of the parcel or exceed the density of the Butte County General Plan. 2. The availability of public facilities, services and utilities: The additional dwelling will only create a minor need for new public facilities, services and utilities because telephone and electrical services already extend to the project parcel. 3. The harmful effect, if any, upon desirable neighborhood character: The second dwelling utilizes a traditional architectural style that is of a character consistent with a rural residential' neighborhood and should be compatible with surrounding dwellings. 4. The generation of traffic and the capacity and physical character of surrounding streets: The additional dwelling will only create a minor amount of traffic and will not over burden the carrying capacity of Nimshew Road. 5. The suitability of the site for the type and intensity of use or development which is proposed: The project site is 7.5 acres in size and is adequate in area for an additional dwelling and for the intensity of the proposed.use, which is rural residential. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use will cause any other relevant impact. ' C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity: D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. Conditions of Approval: 1. Prior to issuance of a building permit for the new dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ s (a) Stipulate the occupancy requirement of Condition 2, below. (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone. (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located. - (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the, parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. 3. Construction, installation or development of structures.or facilities on the parcels, including as a minimum, driveway standards, building setbacks, and addressing, shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall. be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Division 5. Install a County approved septic system for the proposed new dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 6. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. Two men arrived late and indicated their support of the permit. Mr. Bob Marso said he was there to ask questions regarding the process. Mr. Wilson explained the Second Dwelling Unit Ordinance regulations to Mr. Marso ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ DEPARTMENYOF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Astent information to be provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: ILcr--IJN Cy"'C•U 2 J LA JJ (—kT2L_ p N LgL-LZ0610-3W-091- 06)0 ADDRESS: CITY. STATE & ZIP CODE: F1MNUMBE (Fo o�(C L'F) 13-7 0'l " 0 M S (-1 e w dZ 01 �i{�/ U NAME OF PROPOSED PROJECT ( If any) TELEPHONE I LOCATION OF PROJECT ( Major cross -a is and Address. if any ) 5 n nom. �=- GENERAL INFORMATION REQUIRED OWNER'S NAME ❑ TENTATIVE PARCEL MAP TELEPHONE I LL N,.r tS iT L- t. Q-- -CT ( 530 ) a l S ADDRESS: CITY. STATE dt ZIP CODE: f� ''6-1(7 1 N (MS 11✓W C9 C.r�. s 9 s Lf PLANNING DIVISION ❑ MINING AND RECLAMATION PLAN ZONE GENERAL PLAN EXI G LAND USE a :mss Uv�i�t �� E w � �: SITE SIZE ( in Square Feet or Acres ) s 2'Iz , i s A c t EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) &OPrtOy( 2500 / t-tvt,ac- SPAc(;: els0 SQ Fr A,PPrLa*- 320Q 5t --Z FT GOLA�•Ny ` Uri tC1 (Check One) (Check One) �} PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ] PROPERTY IS OR PROPOSED TO BE ON WELL WATER, ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TENTATIVE SUBDIVISION MAP PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. size of parcels.) A A S (N CG (_L FA, --A"--/ ❑ TENTATIVE PARCEL MAP RECEIVED ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LME MODIFICATION NOV 10 1999 ❑ LEGAL LOT DETERMINATION BUTTE COUNTY ❑ CERTIFICATE OF MERGER PLANNING DIVISION ❑ MINING AND RECLAMATION PLAN ❑ OTHER _ PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. size of parcels.) A A S (N CG (_L FA, --A"--/ If this application is for a land division . describe the number anc OF /A PPIL O i 3710050FV- OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF 'nil: ABOVE DESCRIBED PRUPE)1'fY. FURTHER I ACKNOWLEDGE THE F1 24G OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE WFURMATIUN IS TRUE tWU ACCURATE. (If an agent is to be Authorized, execWe 30 allidavil of authorizuioninclude the affidavit with this applicauun. ) DATE: 1 - l 0 7 � SIGNATURE: �� AGENT AUTHORIZATION To Butte County, Department of Development Servicza; Pring , tame otApw and Pbow Number DrL,Ting Address is hereby authorized to process this application for on my property, identifiers as Butte County Assessors Parcel Number . This authorization allows representation for all applications, hearings, appeals, etc, and to sign all documents necessary for said processing, but not including document (s) relating to record title interest.: Owners) of Record: (sign. and print name) Priest Name Signature Architect and/or Engineer. Print Mame *tArcWwcu =&ccr and Pbone Number Mailing address FOR OFFICE USE ONLY Verify: Date received: Print Name Signature -- �� Total amount received: _AP Numbers) _,Legal Description Ownen Authorization Zoning requirements Project Description =Copies of plot plan Taken by. Receipt No._ E.H._ LD Plan_ FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. cso Current fee for this application is $ as of Make check payable to "Butte County Treasurer". 0 PERMANENT SECOND UNIT • ANNUAL VERIFICATION OF OWNER(S) RESIDENCY As a condition of approval for a permanent second unit, either the existing single family dwelling or thf Second Unit shall be owner occupied. This information is requested annually. Itwe I/ (-",•j L=_z LA fL�j Le LLZ r e ,. L A, j LZ .l% IJ (.9W_(,ras owner(s) of the real property located at I "-`' 0-1 " ( *A -s i -k `= `2 fL°�.) t & " (_ Lam I Cfa g -S 9 s q identified as Assessors Parcel Number do hereby affirm, under penalty of perjury, that Uwe are residents 'of the (please circle -one) primary unit 1 second unit located on this property. Owner Signature Io, _Signature ]RECEIVED NOV 1 0 ing BUTTE PLANNING D VIS ON ail Us -r AF o9P oo-o�- C Ooh - 'oil/ Dl 0I� ow ✓ 021 032 �O �5 .I ' �i� • • r ,.. 1 • ' • � � I `.. 1, � . , .� a ; ` _ , `,. � 1 ' " • ',` _ I • , �` - � I + . • � i NIBLETT KENNETH R & JEANETTE A APPELMiNhALBERY A & AGNES P L[VIN 13707 NIMSHEW ROAD ~- APPELM'`LBE r�USTEE '�w1� ll!NUI*-*.: /�� MAGALIA CA 95954 2410 BOHEMIA � OROVILLE CA 95966 EL: 066 360 003 000 ' STATUS: AC EL: 066 360031 000 STATUS' Q.*. CHAMBERLAIN MICHAEL R & CHARLOTTE SHEPHERD TREENA MARIE ETAL 932 51ST ST RACKL TREENA MARIE SACRAMENTO CA 95819 1445 HILGER ST SAN DIEGO CA 92114 EL: 066 360 006 000 STATUS: AC ` � 000 STATUS: EL: 066 360 03- AC FAIRCHILD KERRI PONI GEURTS JOSEPH 13809 NIMSHEW RD 5817 PINE CANYON DRIVE MAGALIA CA 95954 MAGALIA CA 95954 ` EL: 066 360 009 000 - STATUS: AC EL: 066 360 035 060 STATUS: AC BURNS ELMER C & CECILIA G TRUST WILBUR HELEN A LIVING TRUST C/O BURNS PATRICK TRUSTEE WILBUR HELEN A TRUSTEE. - 13845 NIMSHEW ROAD 13379 PASTEL LN MAGALIA CA 95954' MOUNTAIN VIEW CA 94040 EL: 066 360 010 000 STATUS: AC EL: 066 360 062 000 STATUS: AC MARSO KLEO E & M LUCILLE FAMILY T� BYRNE GEORGE A & PEGGE MARSO KLEO EDWARD & MARY LUCILLE 13793 NIMSHEW RD 13794 NIMSHEW RD MAGALIA CA 95954 MAGALIA CA 95954 EL: 066 360 011 000 STATUS: AC EL: 066 360 065 000 STATUS: AC MARSO ROBERT CHARLES TATE BRENT C & SUSAN C JT 13783 NIMSHEW ROAD 13730 NIMSHEW ROAD MAGALIA CA 95954 MAGALIA CA 95954 EL: 066 360 012 000 STATUS: AC EL: 066 360 066 000 STATUS: AC JORDAN LINDA J MOORE BENJAMIN F & PATRICIA K 13767 NIMSHEW RD ` 13714 NIMSHEW RD MAGALIA CA 95954 MAGALIA CA 95954 EL: 066 360 016 000 � STATUS : AC � EL: 066 360 087 000 STATUS: IN CREVISTON GAIL ANN VESELY FAMILY TRUST VESELY EUGENE P & MATILDE TRS 5 VILLAGE CT 13735 NIMSHEW RIDGE RD E�MI VALLEY CA 93065 MAGALIA CA 95954 EL: 066 360 020 000 STATUS: AC , EL: 066 520 004 000 STATUS: �C PENICK DOUGLAS H `! ' BROWN KENNETH J & WYNONA E � P O BOX 1569 ' ` P O BOX 716 MAGALIA CA 95954 MAGALIA CA 95954 EL: 066 360 021 000 ' STATUS: AC CREVISTON GAIL ' ' 1365 VILLAGE CT SIMI VALLEY CA 93065 ' EL: 066 360 027 000 ' STATUS: AC � JEWETT NORMAN W & BEVERLY 20 ANCHOR DR ' PITTSBURG CA 94565 .� EL: 066 360 028 000 STATUS: AC ROJA RICHARD C ETAL ( ROJA KATHLEEN ^ 30 BURNSIDE AVE � SPN FRANCISCO CA 94131 / ,^ � To: From: Subject: Date: INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Mike Vieira, Building Division Steve Betts * Approved Minor Use Permit for Kenneth and Jeanette Niblett on APN 066-360-094 (13 707 Nimshew Road, Magalia), File # MUP 00-04 May 23, 2000 This project was a Minor Use Permit to allow a permanent second dwelling unit. One of the conditions of this Minor Use Permit requires the applicant to record a covenant, on a form approved by the Director of Development Service, that stipulates several standards. The condition required the covenant to be recorded prior to issuance of a building permit. The Planning Division does not have the approved covenant yet, but we have been submitted a draft covenant to County Counsel for review and approval. However, this could take some time. In order to prevent delays to the applicant the Planning Division authorizes the Building Division to issue the necessary permits and to do the final inspection without the covenant being recorded. We have received a letter from the applicant stating that he will sign the covenant when it is completed. If you have any questions concerning this, please see me or give me a call (x 7153). Thanks. F t ;k � r�d�'• To: From: Subject: Date: INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Mike Vieira, Building Division Steve Betts * Approved Minor Use Permit for Kenneth and Jeanette Niblett on APN 066-360-094 (13 707 Nimshew Road, Magalia), File # MUP 00-04 May 23, 2000 This project was a Minor Use Permit to allow a permanent second dwelling unit. One of the conditions of this Minor Use Permit requires the applicant to record a covenant, on a form approved by the Director of Development Service, that stipulates several standards. The condition required the covenant to be recorded prior to issuance of a building permit. The Planning Division does not have the approved covenant yet, but we have been submitted a draft covenant to County Counsel for review and approval. However, this could take some time. In order to prevent delays to the applicant the Planning Division authorizes the Building Division to issue the necessary permits and to do the final inspection without the covenant being recorded. We have received a letter from the applicant stating that he will sign the covenant when it is completed. If you have any questions concerning this, please see me or give me a call (x 7153). Thanks. 13707 Nimshew Road Magalia, Ca 95954 May 22, 2000 Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Att: Stephen Betts, Associate Planner LI We agree to sign the covenants for our Minor Use Permit on APN 066-360-094, File # MUP 00-04, when the covenants are completed. I,� %� c.�� and l� • ��`s-�e� �- � � �� Kenneth R. Niblett s . 22-0 v Jeanette A. Niblett T3*DCEI-"L MAY 2 3 2000 BIDPLANNNG MION SENDER: v i, Complete items 1 and/or 2 for additional services. v! ■Complete items 3, 4a, and 4b. H ■ Print your name and address an the reverse of this form so that we can return this V, card to you. -nAftach this form to the front of the mailpiece, or on the back if space does not d . permit. 4,-.!Wdte'Retum Receipt Requested' on the mailpiece below the article number. •'rhe Return Receipt will show to whom the article was delivered and the date c .delivered. el 3. Article Addressed to: 4a. A ' Ie fjU E�� 4b. Service I ❑ RegisterE tN7e 7 i� ❑ Expres I LU ❑ Retum el a/ 7. Date o Dt 5. Received By: (Print Name) 8. Addressdi LU to f g LL � and fee is g 6. Sign t p: (Addressee or nt) 0 X—SZ �S PS Form 3811, December 1994 I also wish to receive th following services (for 1W extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. ❑ Certified ❑ Insured 11 COD Domestic Return Receipt U* STATES POSTAL SERVICE 41 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF DUELEW SEWICES P� NG * o�,�,ro�ll Orovilk CA g Date 03/03/00 Wevelopment Services Depaolient Time 9:45 am Applicant Billing Worksheet MUP 00-04 * Kenneth R. & Jeanette A. Niblett 13707 Nimshew Road Magalia, CA 95954 In reference to MUP'00-04 Rounding None Full Precision No Last bill Last charge 02/18/00 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 11/01/99 Paula A. / C 1.00 34.00 #26557 Clerical 34.00 11/15/99 Larry P. / P 1.50 88.50 #26809 Processing 59.00 11/15/99 Steve B. / P 0.75 44.25 #26848 Processing 59.00 11/15/99 Paula A. / C 0.75 2,5.50 #26864 Clerical 34.00 11/15/99 Teri B. / C 0.25 8.50 #26934 Clerical 34.00 11/15/99 Steve L. / LR 0.25 14.75 #26986 LAFCo Review 59.00 11/29/99 Steve B. / P 2.50 147.50 #27064 Processing 59.00 11/29/99 Lynn R. / C 0.50 22.50 #27164 Clerical 45.00 12/13/99 Lynn R. / C 0.75 33.75 #27388 Clerical 45.00 12/27/99 Lynn R. / C 0.25 11.25 #27526 Clerical 45.00 01/10/00 Paula A. / C 0.50 17.00 #27611 Clerical 34.00 01/10/00 Lynn R. / C 0.50 22.50 #27705 Clerical 45.00 Page 3 TOTAL JJ, ` Date 03/03/00 Time 9:45 am MUP 00-04 *. Wevelopment Services Depar sent Applicant Billing Worksheet Page 4 Kenneth R. & Jeanette A. Niblett (continued) Date/Slip# Description O1/24'/00 Paula A. / C #28078 Clerical 01/24/00 Lynn R. / C #28199 Clerical 02/07/00 Lynn R. / C #28403 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 11/10/99 Deposit - Receipt #18014 03/03/00 Amount Owing Written Off TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE HOURS/RATE AMOUNT TOTAL 1.00 34.00 34.00 0.25 11.25 45.00 0.50 22.50 45.00 11.25 (350.00) (187.75) $537.75 $0.00 $537.75 %Y-- . . . ... , TOTAL NEW BALANCE $0.00 TO: APPENDIX A NOTICE OF EXEMPTION Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MUP 00-04, Minor Use Permit Assessor's Parcel No.: 066-360-094 0 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 h1unar a _R , � - . R 2 7 2000 LJBB CO.CIERK Applicant: Kenneth & Jeanette Niblett, 13707 Nimshew Road, Magalia, CA 95954 Project Location -Specific: 13707 Nimshew Road, in Magalia Project Location -City: Magalia Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural, 2'/2 acre parcel. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) ` N Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption! been filed by the public agency approving the project? Yes No Date Received For Filing: Sig ature, Ra Wilson Principal Pla er j:\linda\noe. nod\noe#3 ( DECLARATION OF FEES DUE 0.4) Ca ornia Fish and Game Code Section NAME AND ADDRESS OF APPLICANT Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 (530) 873-9382 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X)- A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () 'B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-- FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18155 2. () NON-PAYMENT: The above fees are required. Not paid. " Chief Planning Official By: Randy Wilson Title:. Principal Planner Lead Agency: Butte County Department of Development Services Date: January 24, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION. ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. I January 31, 2000 Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 CERTIFIED MAI . Re: Minor Use Permit, AP 066-360-094 Dear Mr. & Mrs. Niblett: .. . .. ..... B utte C L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION - DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-:397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net Enclosed is your validated Minor Use Permit No. MUP 00-04 to allow for a Permanent Second Dwelling, located at 13707 Nimshew Road, in Magalia. Property is zoned AR 2.5 (Agricultural- 2 '/i acre parcel).. Should you have any questions regarding this matter, please contact this office. between 8:00 a.m. and 4:00 p.m., Monday through Friday. - - P 298 037 971 Sincerely, Receipt for �* Certified Mail Thomas A. Parilo No Insurance Coverage Provided Director of Development Services —D—Es Do not use for International' � SM RME j (SeeFR .v rs 1 . n StIr�llbllkrPaula Atterberry t e ,, d Office Assistant III J10 Postage Enc. Certified Fee Special Delivery Fee cc: Land Development Division Restricted Delivery Fee Building Division Return Receipt Showing Environmental Health � to Whom & Date Delivered Department of Forestry DatReceipt showing whom, c Date, and Addressee's Address 7 TOTAL Postage C & Fees 0 Postmark or Date M IL .0 MINOR USE PERMIT • BUTTE COUNTY PLANNING COMMISSION 46 25 VM DATE: (Certified Mail Receipt) �1 lI1ZIhaIL 066-360-094 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kenneth and Jeanette Niblett are hereby granted a Minor Use Permit in accordance with the application filed on November 10, 1999, to convert the existing 2,460 sq. ft. home into a second dwelling unit and allow a new 3,000 to 4,000 sq. ft. main dwelling unit. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 12 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee: Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant and only as 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 application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: Prior to issuance of a building permit for the new dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below. (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone. (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located. (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. 3. Construction, installation or development of structures or facilities on the parcels, including as a minimum, driveway standards, building setbacks, and addressing, shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 5.. Install a County approved septic system for the proposed new dwelling under permit from the Butte County Environmental Health Division. 6. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: County Planning Commission Chairman cc: Public Works Department, Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Kenneth & Jeanette Niblett, MUP 00-04 DATE: January 31, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 066-360- 094, was: Rezone from to zoning district. Granted a variance to X- Issued a conditional Minor Use Permit for a Permanent Second Dwelling, located at 13707 Nimshew Road, in Magalia, zoned AR 2.5 (Agricultural -2 '/2 acre parcel) f jAtemp\assessor APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MUP 00-04, Minor Use Permit Assessor's Parcel No.: 066-360-094 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 CO.CIERK Applicant: Kenneth & Jeanette Niblett, 13707 Nimshew Road, Magalia, CA 95954 Project Location -Specific: 13707 Nimshew Road, in Magalia Project Location -City: Magalia Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a Permanent Second Dwelling', on property zoned AR 2.5 (Agricultural, 2'/2 acre parcel. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Sig ature, Ra Wilson Principal Pla er j:\1inda\noe.nod\noe#3 *DECLARATION OF FEES DUE 11 (California Fish and Game Code Section 71!4) NAME AND ADDRESS OF APPLICANT Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 (530) 873-9382 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing.Fee $25.00 Clerk's Documentary Handling Fee ( ) _ B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. () _ OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES.: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). $18155 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: January 24, 2000 TWO COPIES OF THIS FORM -MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. , January 14, 2000 Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 r -ffatte Count LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3297 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 066-360-094, MUP 00-04 Dear Mr. & Mrs. Niblett: At the regular meeting of the Butte County Planning Commission held January 13, 2000, your request for a Minor Use Permit, was approved subject to the conditions listed on the permit. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, January 24, 2000. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. For purposes of the California Environmental Quality Act, a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. You will receive your valid permit, if there are no appeals, after it has been signed by the Planning Commission Chairman and we have received your recorded Certification of Ownership. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, al Lynn ichardson Planning Administrative Support Service Assistant /lr December 22, 1999 Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 r - _ eutte count, LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 066-360-094, MUP 00-04 Dear Mr. & Mrs. Niblett: Your request was approved by the Planning representative on December 22, 1999. An approval recommendation by the Planning representative, has been forwarded to the Planning Commission as a consent item for final action on January 13, 2000, 9:30 a.m., in the Board of Supervisors' Room, 25 County�Center Drive,, Oroville, California. Consent items are set for approval in one motion. These items are considered non- controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter, please contact Stephen Betts at this office. Sincerely, Lynn Richardson Planning Administrative Support Service Assistant Ir • BUTTE COUNTY PLANNING MANAGER , AGENDA REPORT - December 22, 1999 Applicant: Kenneth & Jeanette Niblett at 13707 Nimshew Road, Magalia File #: Request: G.P.. Zoning: APN: Location: MUP 00-04 Minor Use Permit to change an existing dwelling unit into a second dwelling unit and allow a new main dwelling unit Agricultural -Residential AR 2.5 (Agricultural Residential -2 `/2 acre minimum parcel size) 066-360-094 On the west side of Nimshew Road, approximately 1,300 feet south of Ponderosa Way, STAFF COMMENT: Parcel Size: 7.5 acres Zone date: April 14, 1998 Supervisor District: 5 Project Planner: Stephen Betts Associate Planner Attachments: A: Conditions of Approval B: Vicinity Map C: General Plan/Zoning Map D: Site Plan The proposed project meets the criteria for second dwelling units of the Zoning Code. Staff recommends approval of this project. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant proposes to construct a 3,000 to 4,000 sq. ft. dwelling unit as the primary dwelling, and the existing 2,460 sq. ft. dwelling will become the second dwelling unit. The two dwellings will be located approximately 75 feet apart. Each dwelling will have its own septic system, but domestic water will be obtained from one well. The property is developed with the 2,460 sq. ft. dwelling unit with an attached garage and shop, a septic system, and a well with two storage tanks. A PG&E water ditch (Upper Centerville Canal) traverses the eastern portion of the site. The property is located on Nimshew Ridge, overlooking Butte Creek Canyon. Approximately half of the property is located on top of the ridge, with the other half steeply descending into the canyon. Vegetation on the site includes oaks, pines, ■ Butte County Department of Development Services ■ Agenda Report ■ Page 1 ■ b manzanita, and an under story of brush species with grasses and forbs. The project site is within an area of high to extremely high fire hazard. Approximately 1/3 of the site is located within a deer herd Designated Development Zone, with the remaining area not in a deer herd area. The parcel fronts on Nimshew Road, and a circular driveway, extends to the existing dwelling. The project site is not located within an Urban Area. ANALYSIS: Section 24-280 (Second Dwelling Units) of the Butte County Zoning Ordinance addresses the standards and conditions for permanent second dwelling units. Since the project site is not located :within an identified Urban Area, Section 24-280.C. applies to this project. The following analysis discusses this project's consistency with Section 24-280.C.: 24-280.C.1.(a) The parcel or lot must be at least twice the minimum parcel size allowed by the zone or must be two acres or more in size, whichever is greater. The project parcel, which is 7.5 acres in size, is over twice the minimum parcel size allowed by the AR 2.5 zone. 24-280.C. L(b) A Second Dwelling Unit cannot be placed on a parcel or lot that already has more than one dwelling unit on it, including a Temporary Mobile Home. There is only one dwelling unit currently on the site. 24-280.C.2.(a) - Development standards. There shall be no size limitation on the Second Dwelling Unit; however, the dwelling shall meet all of the following standards and conditions: 1. No more than one Second Dwelling Unit shall be allowed on any parcel or lot. There will only be two dwellings on the parcel. 2. Shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. The second dwelling unit will not be attached to the main dwelling unit and contains kitchen and bathroom facilities. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 2 0 3. Must have adequate sewage disposal facilities and potable water facilities, as determined by the Butte County Environmental Health Division. There is an existing septic system for the second dwelling unit. The proposed main dwelling unit will require a new septic system. The Butte County Environmental Health Division does not object to an additional septic system on the property. Domestic water for both dwellings will be obtained from the existing on-site well. The Environmental Health Division did not indicate that the existing well on the site could not support both dwelling units. 4. May be attached to the main dwelling or may be a separate detached dwelling on the , parcel or lot. The second dwelling unit will be detached from the main dwelling. 5. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. The owner of the parcel is required to sign a covenant, which runs with the land, that stipulates the owner must live in one of the two dwellings. 6. Prior to issuance of a building permit for the Second Dwelling Unit, the existing road serving the parcel or lot shall be upgraded to the same standard that would be - required of a land division dividing the parcel or lot into two equal portions. The Public Works Department is not requiring Nimshew Road to be upgraded. 7. Construction of the Second Dwelling Unit may require drainage improvements. The extent of the improvements shall be determined by the Department of Public Works, and the improvements shall be installed prior to, or concurrently with, the construction of the Second Dwelling Unit. No drainage improvements shall be required if the density will be less than one dwelling unit per five acres. The project will result in a density of greater than one dwelling per five acres. However, the Public Works Department is not requiring any drainage improvements. 8. Prior to issuance of a building permit for the Second Dwelling Unit, the property owner shall execute and record a covenant running with the land. The covenant shall be on a form approved by the Department of Development Services and shall: a. Stipulate the occupancy requirement of the property owner. 0 Butte County Department of Development Services A Agenda Report 0 Page 3 ■ b. Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone. Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, -lot configuration, septic requirements, and setback standards of the zone in which the parcel is located. d. Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. The Planning Division will review the covenant for compliance with the above requirements. 9. Two off-street parking spaces shall be provided for the Second Dwelling Unit. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling. The parcel has sufficient size to accommodate the required number of off- street parking spaces. ACTIONS FOR CONSIDERATION • Staff recommends that the Planning Manger take the following actions: Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. Il. Recommend approval to the Planning Commission for a Minor Use Permit, MUP 00-04, for Kenneth & Jeanette Niblett to convert the existing 2,460 sq. ft. home into a second dwelling unit and allow a new 3,000 to'4,000 sq. ft. main dwelling unit, on APN 066-360-094, subject to the conditions found in Exhibit "A" and based on the following findings: A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Project conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units of the Butte County Zoning Code, the Butte County Environmental Health Department 0 Butte County Department of Development Services u Agenda Report 0 Page 4 0 • • and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Low Density Residential and zoned AR - 2.5. The Low Density Residential land use designation allows single family dwellings as Primary Uses. The AR -2.5 zone allows second dwellings upon approval of a Minor Use Permit. B. That the location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the additional dwellings will not cause over coverage of the parcel or exceed the density of the Butte County General Plan. 2. The availability of public facilities, services and utilities: The additional dwelling will only create a minor need for new public facilities, services and utilities because telephone and electrical services already extend to the project parcel. 3. The harmful effect, if any, upon desirable neighborhood character: The second dwelling utilizes a traditional architectural style that is of a character consistent with a rural residential neighborhood and should be compatible with surrounding dwellings. 4. The generation of traffic and the capacity and physical character of surrounding streets: The additional dwelling will only create a minor amount of traffic and will not over burden the carrying capacity of Nimshew Road. 5. The suitability of the site for the type and intensity of use or development which is proposed: The project site is 7.5 acres in size and is adequate in area for an additional dwelling and for the intensity of the proposed use, which is rural residential. 0 Butte County Department of Development Services n Agenda Report 0 Page 5 ■ 6. Any other relevant impact of the proposed use: The Planning Division, has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use will t cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity: D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County. Code. ' f 1 • f a K:\PROJECTS\UPM\NIBLET-f.MUP\NIBLETT.RPT 0 Butte County Department of Development Services a Agenda Report 0 Page 6 0 • EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Receipt) MUP 00-04 PERMIT NO. 066-360-094 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kenneth and Jeanette Niblett are hereby granted a Minor Use Permit in accordance with the application filed on November 10, 1999, to convert the existing 2,460 sq. ft. home into a second dwelling unit and allow a new 3,000 tb 4,000 sq. ft. main dwelling unit. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise.provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 12 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant and only as 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 application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 0 Butte County Department of Development Services a Agenda Report ■ Page 7 0 c � • s Conditions of Approval: 1. Prior to issuance of a building permit for the new dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below. (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone. (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located. (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. Butte County Fire Department/CDF 3. Construction, installation or development of structures or facilities on the parcels, including as a minimum, driveway standards, building setbacks, and addressing, shall comply with the latest Fire Safe Regulations of Butte County, Public Resources Code 4290, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Environmental Health Division 5. Install a County approved septic system for the proposed new dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 6. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. 0 Butte County Department of Development Services ■ Agenda Report 0 Page 8 0 NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction; not does it waive any other requirements of federal, state, and local law. • Butte County Planning Commission Chairman cc: Public Works Department, Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office • T 0 Butte County Department of Development Services ■ Agenda Report ■ Page 9 0 MUP 00-04 AP 066-360-094 Vicinity Map HI! enc d Ave r hill Project Location mf Uder MUP 00-04 AP 066-360-094 r .a ' AR 2112. ;I t :/ - - I i f Zf f 1 1 t .ra K 500 0 500 1000 1500 2000 2500 3000 3500 Feet OMNI BUTTE COUNTY PLANNING NgANAGER Applicant: Kenneth & Jeanette Niblett Owner: Same Hearing Date: December 22, 1999 @ 9:00 am. Fisting Zone: AR -2.5 (Ag. Residential, 2 1/2 acre min) N Supervisorial Request: Minor Use Permit to allow a permanent second dwelling no larger than 1,200 sq.ft. District # 5 Assessor Parcel No: 066-360-094 File: 00-04 .. December 16, 1999 Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 Suite count, LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 066-360-094, MUP 00-04 Dear Mr. & Mrs. Niblett: Your request has been scheduled for hearing in front of the Planning representative on December 22, 1999, at 9:00 a.m. The meeting will be held in the Planning Division Conference Room, at 7 County Center Drive, Oroville, California. A recommendation by the Planning representative will be forwarded to the Planning Commission as a consent item for final action. Consent items are set for approval in one motion. These items are considered non- controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning Administrative Support Service Assistant Ir APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive R Oroville, CA 95965 11911 FlamLUUU Project Title: MUP 00-04, Minor Use Permit CO. Assessor's Parcel No.: 066-360-094 Applicant: Kenneth & Jeanette Niblett, 13707 Nimshew Road, Magalia, CA 95954 Project Location -Specific: 13707 Nimshew Road, in Magalia Project Location -City: Magalia Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a Permanent Second Dwelling', on property zoned AR 2.5 (Agricultural, 2Y2 acre parcel. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such snits. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No ' Date Received For Filing: Sig ature, Ra Wilson Principal Pla er j:\1inda\noe.nod\noe#3 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 (530) 873-9382 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18155 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner z Lead Agency: Butte County Department of Development Services Date: January 24, 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. . ' MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: December 7, 1999 Project Name: _Kenneth & Jeanette Niblett THIS IS A REQUEST FOR: File #: MUP 00-04 Number of Meeting Date Copies Black & white reproducible,exhibit map PC/Board/DRC Vicinity Map Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: Special instructions: The above request is due no later than 12/10/99 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. FILE SAVED AS: J:\WPDOCS\FORMS\REQU EST. MAP r Notice is hereby given that the Butte County Planning Manager is proposing to hear a Minor Use Permit to allow a permanent Second Dwelling Unit for Kenneth and Jeanette Niblett on property zoned AR -2.5 (Agricultural Residential - 2.5 acre parcels), identified as APN 066-360-094. The property is located at 13707 Nimshew Road, Magalia. (MUP 00-05) (SB) Persons wishing to comment on the project may submit written comments to the Butte County Planning Division any time prior to December 17, 1999. The Development Services Director shall consider all comments in determining if the application meets all of the conditions and criteria. Upon finding that the proposed use does or will meet all of the conditions and criteria, the Director of Development Services will hold a hearing on December 22, 1999, at 9:00 a.m., at 7 County Center Drive, Oroville. Any interested person may attend this hearing. The decision of -the Director of Development Services will be submitted to the Planning Commission for final approval. If recommended for approval, this item will be on the Planning Commission Consent Agenda at their regular scheduled meeting of January 13, 2000. K�- _0 �utte �ii LAND OF NATURAL WEALTH A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3297 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 December 6, 1999 Kenneth & Jeanette Niblett 13707 Nimshew Road Magalia, CA 95954 Re: Application for a Minor Use Permit for a Permanent Second Dwelling on APN 066-360- 094, File # MUP 00-04 Dear Mr. & Mrs. Niblett: Thank you for the submittal of the above referenced application received on November 10, 1999. Your project application, maps and related items have been reviewed by County Agencies in order to determine the completeness of your application. Enclosed please find copies of the comments we have received from agencies regarding your project. These comments have been received as part of the initial thirty (30) day review of your project. Please review these comments and the conditions that are requested as part of the project's approval. Your project requires a public hearing before the Planning Manager. A hearing date for your project has been tentatively scheduled for January 12, 2000. However, it may be possible that your project may be scheduled sooner than that. You will be notified shortly of the actual hearing date. Should you have any further questions regarding these comments, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, G� Stephen Betts Associate Planner Enc. K:\PROJECTS\UPM\NIBLETT. M U P\COMM ENTS. LET GOL. AR 2 AR 21/2 MUP 00-04 AP 066-360-094 Kenneth Niblett I - Project Location BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County' Planning Division RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November 16, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural -2 'G acre parcel) located on 13707 Nimshew Road, in Magalia, identified as APN 066-360-094. Supervisorial District No. 5 , THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON JanuaEy 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 e 1 f Pacific Gas and Electric C., pany n November 30, 1999 460 Rio Lindo Avenue Chico, CA 95926 530/894-4423 FAX 530/894-4414 Mr. Stephen Betts Butte County Department of Development Services 7 County Center Drive c Oroville, CA 95965 RE: Minor Use Permit- (Niblett) FILE: MUP 00-04 Dear Mr. Betts: �l Chambers Chico Land Rights Office We have reviewed the plans regarding the subject project. Any relocation or rearrangement of our existing facilities to accommodate development, will be at the expense of the developer. There shall be no building of structures or the storage of any materials allowed over or under any existing PG&E facilities or easements. There are no gas facilities involved. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: 1VIUP00-04.doc) CEI�� RSV DEC � 1199 BUTTE C01j14T ON pLANN1NG D1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES NOV Z PLANNING DIVISION Chico, Califomia TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November 12, 1999 CONTACT PERSON: 5, 6. The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural - 2 '/2 acrean rcell located at 13707 Nimshew Road, in Mag lia, identified as APN 066-360-094. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON Janu�ry 2727, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 26, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS Attach additional pages if ces y r�): By: / // ( t Date: /e- / 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAIMDIVED NOV 2 3 1999 BUTTE COUNTY PLANNING DIVISION .0 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Local Agency Formation Commission FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November 16, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural -2 '/2 acrean rcel) located on 13707 Nimshew Road, in Magalia, identified as APN 066-360-094. Supervisorial District No. 5. 093 Oz s THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION -, —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): `/� Z• gwe Morwomn ADArrROL Wr�Pr 10VQi%/,tkh?. A-' -At /,1Voev liil�co AfRADiS',f UNifiEO 1,0. Sef 4'r Co, orf By: Date: f f RECEIVED NOV 2 2 1999 BUTTE COUNTY PLANNiNe VISION 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION RRCRIJ' Nov ED f $ r 9 TO: CDF p % COUN4 FROM: Butte County Planning Division G DIyI r RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November 16, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural -2 '/2 acrean rcel) located on 13707 Nimshew Road, in Magalia, identified as APN 066-360-094. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 30, 1998. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Kenneth & Jeanette Niblett DATE: November 12, 1999 AGENT: APN: 066-360-094 FILE #: MUP 00-04 PLANNER: PROJECT DESCRIPTION: Minor Use Permit for a Permanent Second Dwelling. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H FIRE PROTECTION Y. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. x2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The, estimated fee amount is $ Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November .12, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: R 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Aydcultural- 2 % acreap rce,D located at 13707 Nimshew Road, in M galia, identified as APN 066-360-094. Supervisorial District No. _�. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON January 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _November 26, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Mllr� In Date: WZ ��vl 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 Y LEAD IN SHEET FILE NO: ►Ill.' 00-04 AP# 166 360-094 APPLICANT: Kenneth & Jeanette Niblett, 13707 Nimshew Road, Magalia, CA 95954 REPRESENTATIVE: REQUEST: Minor Use Permit for a Permanent Second Dwelling SIZE: _7.5 acres LOCATION: 13707 Nimshew Road, in Magalia SUPERVISORAL DISTRICT #5 -EXISTING ZONING: AR 2.5 (Agricultural -2 '/2 acre parcel) ZONING HISTORY: 04-14-98 Ord. 3418 x. SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Agricultural APPLICABLE REGULATIONS: Date Rec'd it -10-99 COMMENT DISTRIBUTION LIST APPLICATION: Kenneth & Jeanette Niblett DATE: November 12, 1999 County Offices and Cities:. Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection –X–v/ California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities Administrative Officer X Develop. Services Director Public Works Director —Chief _X_ Environmental Health �� _X_✓ Assessor –X–le _ Building Manager Sheriff BCAG ALUC _X_ _ LAFCo _ Air Quality Mgmt. _ _ Butte Co. Farm Bureau Dept. of Water Resources '/ Biggs _ Gridley _ Chico Highway Patrol Oroville –v.^ Paradise a�ig.......�lie! _ Chico Airport Commission Go"iniissisiR Irrigation District: Off. of Governmental & Env. Relations Dept.Social Services, Comm.Care Licensing Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Army Corps of Engineers Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Lime Saddle Dist _ Community Association _ _ Butte Water District _ 'California Water Service Co. _ Del Oro Water Co. Reclamation _ OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection –X–v/ California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of Water Resources '/ Dept. of Fish and Game Forestry (Atm: Craig Carter)_ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Kenneth & Jeanette Niblett, MUP 00-04 DATE: November 12, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a Permanent Second Dwelling on property zoned AR 2.5 (Agricultural - 2 '/z acrean rcell located at 13707 Nimshew Road, in Mag lia, identified as APN 066-360-094. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON Januar; 27, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN November 26, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS G. SECOND UNITS 1. The Second Unit may be attached to the primary residence or may be a separate, on-site detached dwelling. 2. The attached second unit shall be architecturally compatible with the primary residence and the appearance of the building shall be that of a single family dwelling. 3. The size of the attached second unit shall not exceed 640 square feet or 30% of the size of the primary dwelling, whichever is greater, in no case shall the second unit exceed 1200 square feet. A detached second unit shall not exceed 1200 square feet. 4. The parcel or lot upon which the Second Unit is to be located must meet the minimum acreage requirements for which the parcel or lot is zoned. 5. In addition to the off-street parking required for the primary dwelling, one off-street parking space shall be provided for second units of 640 square feet or less; two additional off-street parking spaces shall be provided for larger units. 6. An attached or detached garage or carport with a maximum exterior dimension of 12' by 20' is permitted for second units of 640 square feet or less. A garage or carport with a maximum dimension of 20' x 24' is permitted for larger second units. —7. Adequate sewer and potable water facilities shall be provided as determined by the Butte County Environmental Health Division. 8. A second unit may not be placed on a parcel or lot where�a temporary mobile home, in accordance with Section 24-295 and 24-295.20, has been approved or on a lot that has more than one dwelling located upon it. 9. Either the existing single family dwelling or the second unit shall be owner occupied. Verification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS E. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling uiiit(s), the applicant shall pay all applicable development fees at the rate m effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. F. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18014 ISSUEQ BY ,J KENNETH R. NIBLETT SchwabAccess- 211 JEANETTE ARLEEN NIBLETT PLTI - (� (� 3-5/310 I 13707 NIMSHEIN RD. Tate .7 J 150 . MAGALIA, CA 95954 rnOrderof 2to the 0-r—f Col%�ri �%2-1=SVA L ; Y35o°( . A�e�p..�t Ltl� —'Do ark CharlesSchwab PNC BANK, N.A. c Philadelphia, PA (� To ►-tl/L V S L 1�f2.1�v4 --- k------- i:0 3 L0000 5 3i: 70 L80 2 60 7 911' 20 2 L L ~y `1 Otv ty 0 b"z 0 00 0-4 K O< DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC ENV. FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS SALES HEALTH OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 18014 ISSUEQ BY ,J KENNETH R. NIBLETT SchwabAccess- 211 JEANETTE ARLEEN NIBLETT PLTI - (� (� 3-5/310 I 13707 NIMSHEIN RD. Tate .7 J 150 . MAGALIA, CA 95954 rnOrderof 2to the 0-r—f Col%�ri �%2-1=SVA L ; Y35o°( . 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