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Home My WebLink AboutMUP 00-05SUMMARY SHEET ., .... ; e• FILE #: MILE 00-05 PROJECT TYPE: ftmor Use Permit APPLICANT: Donald & Elizabeth Penland ADDRESS: 13045 Victor Drive, Chico, CA 95973 OWNER: Same ADDRESS: 27 First Street, Quincy CA 95971 REPRESENTATIVE: ADDRESS: - R PROJECT DESCRIPTION: Minor Use Permit to allow a Second Dwelling Unit Its I 1 11.1 �•�• • \• • Highway, in Nord, north of Chico AP#: 047-490-002 TOWN/AREA: Chico, CA GENERAL PLAN DESIGNATION: Orchard & Field Crops 1. Application complete:_ 11/17/99 Amount: 350.00 Receipt #: 18030 2. Comments sent to: E.H., PW, LAFCo, DDS, Assessor Farm Bureau, Ag. Comm., CDF, Southern Pacific Railroad 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Stephen Betts Environmental Determination: State Clearinghouse No:� Subject to Fish & Game: -bl;z Categorical Exemption-CEQA# 3 Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Staff Report: Project Video: Release to publish: Clearinghouse circulation required: Yes No Date Sent to SCH: Publication Notice Written: / 21l /9 / Display Ad Prepared: Notices Mailed: Za6 Z,9 S Number of Notices: Newspaper Publication Date:i ,r,719,7-- Baa -�y� 9.• f Planning Commission Hearing(s): f — 3— Oil /. 4 /n Action taken: Special Conditions: Commission Resolution No. �ppeR� -2 22 00 14. Board of Supervisors' Hear'ii►g(s): Action taken: 45 Board Resolution No.: Ordinance No: 15. ' - Type Use Permit/Send for signature: Adopted: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: /�-�T-/-7-��-� Date 0_5/18/00 evelopment Services Depara Time 10:35 am Applicant Billing Worksheet APL 00-05 * Don and Betty Penland 27 First Street Quincy, CA 95971 In reference to APL 00-05 for MUP 00-05 Rounding None Full Precision No Last bill Last charge 02/18/00 Last payment / / Amount Date/Slip# Description 01/10/00 Teri B. / C #27645 Clerical 01/24/00 Steve B. / P #28110 Processing 01/24/00 Larry P. / P #28188 Processing 02/07/00 Steve B. / P #28332 Processing TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 01/19/00 Deposit - Receipt #286615 05/18/00 Remainder Written Off TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE :.$0.00 Page 1 HOURS/RATE AMOUNT TOTAL 0.25 8.50 . 34.00 7.75 457.25 59.00 0.50 29.50 59.00 5.25 309.75 59.00 $805 00 13.75 $0.00 $805.00 (50.00) (755.00) ($805.00) , TOTAL NEW BALANCE $0.00 Datef. 00 .Develo ment Services De Alnt Timer10:35 am Applicant Billing Worksheet MUP 00-05 * Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 In reference to MUP 00-05 Rounding None Full Precision No Last bill Last charge 03/17/00 Last payment / / Amount Date/Slip# Description 11/15/99 Larry P.,/ P 426811 Processing 11/15/99 Steve B. / P #26846 Processing 11/15/99 Paula A.. / C #26865 Clerical 11/29/99 Steve B. / P #27063 Processing 11/29/99 Teri B. / C #27104 Clerical 11/29/99 Lynn R. / C #27163 Clerical 12/13/99 Lynn R. / C #27387 Clerical 12/27/99 Lynn R. / C #27525 Clerical 01/10/00 Lynn R. / C #27704 Clerical 03/06/00 Paula A. / C #28762 Clerical Page 2 HOURS/RATE AMOUNT TOTAL 1.00 59.00 59.00 0.75 44.25 59.00 2.00 68.00 34.00 2.75 162.25 59.00 0.75 .25.50 34.00 0.50 22.50 45.00 0.75 33.75 45.00 0.25 11.25 45.00 0.50 22.50 45.00 1.00 34.00 34.00 Date 05;; 1/00 wtlopment Services Depar�s Time 10:35 am Applicant Billing Worksheet MUP 00-05 * :Donald & Elizabeth Penland (continued) TOTAL BILLABLE TIME CHARGES 10.25 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 11/17/99 Deposit - Receipt #18030 05/18/00 Remainder Written Off TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE (350.00) (133.00) Page .3 $483.00 $0..00 $483.00 Y Z V J, V V/ TOTAL NEW BALANCE $0.00 I 1 Public Hearing, and Timed Items .00-63 Public Hearing - Minor Use Permit - Donald and Elizabeth Penland - consideration of an appeal of a condition of a Minor Use Permit (item determined to be categorically exempt from environmental review) to allow a permanent second dwelling unit on property zoned A -R (Agricultural -Residential) and identified as APN 047-490-002. The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico (MUP 00- 04[SB]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO OPTIONS: 1. A. DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND B. SUBJECT TO FINDINGS II (A -D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, DENY THE APPEAL AND APPROVE THE MINOR USE PERMIT; OR 2. A. DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND B. GRANT AN EXCEPTION TO THE ROAD IMPROVEMENTS ON VICTOR DRIVE PURSUANT TO BUTTE COUNTY CODE SECTION 20-4 SUBJECT TO THE SPECIAL CIRCUMSTANCES AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22,2000; AND C. SUBJECT TO FINDINGS III (A -D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT `B" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, UPHOLD THE APPEAL AND APPROVE THE MINOR USE PERMIT. (**233) PUBLIC HEARING OPENED: 11:02 A.M. PUBLIC HEARING CLOSED: 11:06 A.M. 00-63 Public Hearing - Minor Use Permit - Donald and Elizabeth Penland. MOTION: I MOVE TO DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; GRANT AN EXCEPTION BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - FEBRUARY 22, 2000 TO THE ROAD IMPROVEMENTS -ON VICTOR DRIVE PURSUANT TO BUTTE COUNTY CODE SECTION 20-4 SUBJECT TO THE SPECIAL CIRCUMSTANCES AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22,2000; MAKE THE ADDITIONAL FINDING THAT SIX OF THE SEVEN EXISTING PARCELS ON VICTOR DRIVE ARE ALREADY DEVELOPED WITH A DWELLING UNIT; AND SUBJECT TO FINDINGS III (A -D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, UPHOLD THE APPEAL AND APPROVE THE MINOR USE PERMIT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) FEBRUARY BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - _2,2000 m Donald and Elizabeth Penland - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. APN 047-490-002 (SB) (MUP 00LW Commissioner Lambert said that everything in the report seems to be termed toward what is appropriate Lnder the zoning. She said the General Plan designation is Orchard and Field Crops with an A -R zone that i3 not consistent with the designation. She said she thought the Ordinance stated the County would not do sei;ond dwellings units in the Orchard and Field Crops designations. r Mr. Wilson said this is a unique situation where there is an island that has an underlying General Plan designation of Orchard and Field Crops and overlying zoning of A -R which is not typical A zoning. There.was a brief explanation. Commissioner Lambert said she, did not want to hold this application up, but she. did not want to set a precedent. She said they need to clean up the General Plan. Chairman Leland said he was concerned there are other pockets like this one. He said -he was not against this request. Mr. Parilo said the County is looking at implementing the Agricultural Element and this will be looked at. . It was moved by Commissioner Nelson, seconded by. Commissioner Mooney, and unanimously carried to approve the Consent Agenda. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■JANUARY 13, 2000 ■ Donald and Elizabeth Penland - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. APN 047- 490-002 (SB) (MUP 00.-05 Mr. Wilson gave a brief summary of the project. The hearing was opened to the public. The applicant was not present. No one was here to speak to this item. s.A The hearing was closed. Mr. Wilson recommended to the Planning Commission that the Minor Use Permit for Donald and Elizabeth Penland 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. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Recommend approval to the Planning Commission for a Minor Use Permit, MUP 00-05, for Donald & Elizabeth Penland for a permanent second dwelling unit, on APN 047-490-002, 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. 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: 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by 0 BUTTE COUNTY PLANNING SERVICES MEETING 0 MINUTES - DECEMBER 22, 1999 E the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 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. The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. The harmful effect, if any; upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home 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 Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. 6. Any other relevant impact of the proposed use: 0 BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ The Planning Division has circulated the proposed second dwelling 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 280, of the Butte -County Code. Conditions of Approval: 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. 4. 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. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ 5. 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. 6. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical. clearance, and- be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 7. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 8. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ DEPARTME�1 T OF DEVELOPME SERVICES 1 BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent 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: .Dv r . N C, pew l'ind O 1�7 - f fe -Go Z ADDRESS:CITY. STATE &- ZIP CODE: FIL BER: (FOR OFFICE s_) 13 D `f r V<G o�- ��, �il�o ,/Y, c,,—,.73 NAME OF PROPOSED PROJECT ( If any TELEPHONE (5-36) LOCA► ON OF P OJE ( Major cross streets and Address. if any ) 110' G W l 50415 \1C C6(` GENERAL INFORMATION REQUIRED OWNER'S NAMETELEPHONE T6`L4& P, axe( L -6i' a. 4�e,7L`i 7 (6-30) ,,Ze'3 -/fi43 ADDRESS:— ,7 r v � / Wu in G Cln. ST ZIP ?L 7 7/ ZONE GENERAL LAN Di 7 EXISTING LANDUSE 2?)-(tirh #ew e— SrM SIZE ( in Square Feet or Acres ) 9 ael-e- EXLS77NG STRUCTURES ( in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) 176 ry�S (Cheek One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE`SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON. PUBLIC WATER a PROPERTY IS OR PROPOSED TO BE ON SEP'T'IC In PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT C3 REZONE USE PERMIT RECEIVED a MINOR USE PERMIT NOV 17 1999 ❑ VARIANCE [3 MINOR VARIANCE BUTTE COUNTY PLANNING DIVISION ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTM31t PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSEDPROJECT (Attach necessary sheets. If this application is for a Ian divtst size of parcels.) ak describe 'Pe number and OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHOR2ED AGENT OF THE OWNER OF 'ME ABOVE UESCRII3EU PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE IL%tA'IIUN IS TRUE AND ACCURATE. (If as agent is to be authori=od, execute as affidavit oC aulltorizatioo and� appli a .1 DATE: �% — /6 — /7--'7'!2SIGNATURE: - I 'r •�. - AGENT AUTHORIZATION Lr To Butte County, Department, of Development Services; Princ Yaate a(Ageac std PhOw Number &JaMng Aeamu rued to process this a r r y • . � ' is hereby authorized application fo on my property, identified 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. Owner(s) of Record: (sign and print name) Print Name Print Name signature sipantre Architect and/or Engineer. Print' lame ofArehiteet/Engiaeer and P`aooe Number r Mailing Address FOR OFFICE USE ONLY Verify. Date received: Total amount received: ov ✓ AP Number(s) _Legal Description _Owners Authorization Zoning requirements Project Description Sopies of plot plan 50 Taken by C�S Receipt No. E.H._ I.D Plan= FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is S 2562, 00 as of Make check payable to "Butte County Treasurer". 047-150-086 PAIVA JAMES & GERALDINE 13193 CARMEN LN. CHICO, CA 95926 047-490-021 CROW DAVID & DIANA 5569 NORD HWY. CHICO, CA 95926 047-490-007 HENDERSON JERRY & MARIANNE 5400 NORD HWY. CHICO, CA 95926 047-490-002 PENLAND FAMILY TRUST 27 FIRST ST QUINCY, CA 95971 047-490-014 OHARA DONALD & NANCY 13026 VICTOR DR CHICO, CA 95926 047-490-024 MADEROS ANTHONY & MARGARET 5471 NORD HWY CHICO, CA 95973 • i 0690-020 CROWE JANICE RAE 131,8,6 TAYLOR ST. �'CHICO, CA 95973 047-490-023 MADEROS ANTHONY & MARGARET 5471 NORD HWY. CHICO, CA 95926 047-490-018 LAMPE DONALD & MARGARET 5414 NORD HWY. CHICO, CA 95973 047-490-013 MOU MINE SHIUH & TIEN LING 2201 PILLSBURY RD #C-1 CHICO, CA 95926 047-490-017 LONG DUANE & ROSEMARY 13018 VICTOR DR CHICO, CA 95926 047-490-025 SMITH MARVIN & CHRISTIE 5375 NORD HWY CHICO, CA 95926 • 0041-490-019, SALINAS DOROTHY GERALDINE RT 3 BOX 3226 ORLAND, CA 95963 047-490-022 CROW CHESTER 13036 HAMILTON NORD CANA HWY CHICO, CA 95973 047-490-012 HALL DENNIS 13046 VICTOR DR CHICO, CA 95926 047-490-003 STRANGE ANITA 3015 BURNAP AVE CHICO, CA 95926 047-490-016 BACCA MICHAEL 13006 VICTOR DR CHICO, CA 95926 DXF_TEXT ILINE1 ILINE3 ILINE4 047-150-086 PAIVA JAMES M & GERALDINE 113193 CARMEN ICHICO CA 95926 047-490-001 PAIVA JAMES M & GERALDINE 113193 CARMEN LN ICHICO CA 95926 047-490-020 ICROWE JANICE RAE 113186 TAYLOR ST ICHICO CA 95973 047-490-019 ISALINAS DOROTHY GERALDINE SRT 3 BOX 3226 JORLAND CA 95963 047-490-021 ICROW DAVID JAY SR & DIANE MARIE 15569 NORD HWY ICHICO CA 95926 047-490-023 1MADEROS ANTHONY L & MARGARET C FAM TfJ5471 NORD HWY ICHICO CA 95926 047-490-022 ICROW CHESTER FRANKLIN 113036 HAMILTON NORD CANA HWY ICHICO CA 95973 047-490-007 1HENDERSON JERRY L & MARIANNE (CB DVA) 15400 NORD HWY A ICHICO CA 95926 047-490-018 LAMPE DONALD D & MARGARET E 15414 NORD HWY ICHICO CA 95973 047-490-012 SHALL DENNIS J 113046 VICTOR DRIVE ICHICO CA 95926 047-490-002 PENLAND FAMILY TRUST 127 FIRST STREET IQUINCY CA 95971 047-490-013 IMOU MINE SHIUH & TIEN LING JT 12201 PILLSBURY RD #C-1 ICHICO CA 95926 047-490-003 STRANGE ANITA SS 13015 BURNAP AVENUE ICHICO CA 95926 047-490-014 OHARA DONALD P & NANCY 1 113026 VICTOR DR ICHICO CA 95926 047-490-017 LONG DUANE A & ROSEMARY W 113018VICTORDR ICHICO CA 95926 047-490-016 BACCA MICHAEL J 113006 VICTOR DR ICHICO CA 95926 047-490-024 MADEROS ANTHONY L & MARGARET C FAM TFJ 5471 NORD HWY ICHICO CA 95973 047-490-025 ISMITH MARVIN E & CHRISTIE A 15375 NORD HWY ICHICO CA 95926 n ra 1 �.15�1 �r L1 ST is P L4 �1- t'i �� - ®� `Z %`�1 i) <I& - 0),5 (N1-�-leo-oo'�✓ (�)Hy- ) -( L ✓ (DLit- y9Cj C�C� 1 ✓ . Oil-✓ X20✓ OIL C) 2.`Z ✓ ion O 2^L) '.; S -. March 16, 2000 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 CERTIFIED MATT, Re: Minor Use Permit, AP 047-490-002 Dear Mr. & Mrs. Penland: to LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3337 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Enclosed is your validated Minor Use Permit No. MUP 00-05 to allow a Second Dwelling Unit. Property is zoned AR (Agricultural -Residential), and located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. 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. Sincerely, U.S. Postal Servicet Thomas A. Parilo CERTIFIED MAIL RECE, Director of Development Services ru cor%_co Paula Atterberry � Postage $ Ir Office Assistant III Ln Certified Fee Return Receipt Fee (Endorsement Required) Enc. C3 Restricted Delivery Fee IM (Endorsement Required) cc: Land Development Division M TOM Postage & Fees $ Building Division ru Iv a Please rn rintC1�ly )o -- i Environmental Health _ _p- st ---:------ Dep artment -Department of Forestry rC�3 ��LP a a _ Postmark Here LIAR 16 2nnp MINOR USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS MAR 16 2000 DATE: (Certified Mail Receipt) MUP 00-05 PERMIT NO. 047-490-002 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Donald & Elizabeth Penland are hereby granted a Minor Use Permit in accordance with the application filed on November 17, 1999, to allow a second 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. 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. Conditions of Approval: 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. 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. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 6. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. 7. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: Issuance of this pen -nit does not waive the requirement of obtaining B ' * - Division and Environmental Healtfi Division ne-mits-before stz-6,tv co-cst-t)cti0-c__-tor does it wai WROW, "1115M. 111 • utte �ounty Board of Supervisors Chairman cc: Public Works Department, Lard-B�velopment Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office _ DON PENLAxD 13 oq5 VICTOR ROA' 'vo 4 , CA. 45.973 \ � • -•. .. J� our 5 \NOV , 7Leach}�tl� 4 too7v Ies' '_?LANTNi NG DiV:[si 0.M 7 ui- \ \ � eXrSTN�a • \ E;cisTrrl6 }TOME \ Eju a n,vy ;p `—A \ 943TZ1H � . \ \ I\ APPROVED \ MAR p&vgoment Plan pa.✓EwAY v � \ dN \ DATE USE PERMIT VARIANCE \ \ MINOR U.P. ADM.PERMIT — \ PLANNING COMMISS. • \ DIRECTOR OF ____.__ \ DEVELOPMENT SERVICES \ New voRX _ DON PENLAxD 13 oq5 VICTOR ROA' 'vo 4 , CA. 45.973 \ � • -•. .. J� our 5 \NOV , 7Leach}�tl� 4 too7v Ies' '_?LANTNi NG DiV:[si 0.M 7 ui- 1• MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Donald & Elizabeth Penland, MUP 00-05 DATE: March 16, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 047-490- 002, was: Rezone from to zoning district: Granted a variance to X Issued a conditional Minor Use Permit to allow a Second Dwelling Unit, on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico,AR (Agricultural -Residential) jAtemp\assessor 27 First St. Quincy, CA 95971 March 27, 2000 Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 Att: Stephen Betts, Associate Planner We agree to sign the covenants for our Minor Use Permit on APN 047- 490-002, File # MUP 00-05, when the ' covenants are completed. C) e �U"�and� � -4 Donald. R. Penland Eliza th (Betty) Penland RECEIVED MAR 2 8 2000 ,. BUTTE COUNTY PLANNING DIVISION Q TO: • APPENDIX A 0 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 00-05, Minor Use Permit Assessor's Parcel No.: 047-490-002 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Donald & Elizabeth Penland, 13045 Victor Drive, Chico, CA 95973 � 1 E Co. CLERK Project Location -Specific: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north. of Chico Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a Second Dwelling Unit, -on 'property zoned AR (Agricultural -Residential). 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 uni:s. 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, Ran ilson Principal Planner DECLARATION,OF FEES DUE dh (Ca ornia Fish and Game Code Section 1.4) NAME AND ADDRESS OF APPLICANT Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 (530) 283-1843 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 O A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee O 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). #18145 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 20,= 2000 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTSTILED 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. INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Mike Vieira, Building Division From: Steve Betts 5(�- Subject: Approved Minor Use Permit for Donald & Elizabeth Penland on APN 047-490-002 (13045 Victor Drive, Nord), File # MUP 00-05 Date: March 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 applicants 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, who has already submitted plans to you for a manufactured home, the Planning Division authorizes the Building Division. to issue the necessary permits without the covenant being recorded. However, the covenant must be recorded prior to the final inspection on the new dwelling. If you have any questions concerning this, please see me or give me a call (x 7153). Thanks. Betts, Steve From: Wilson, Randy Sent: Wednesday, March 22, 2000 1:19 PM To: Betts, Steve t� Subject: Second Dwelling Unit Agreement `✓cr'�q'^ d MJ P Steve, After to talking with Tom about the agreement you put together the decision was made to allow the building permit to be issued, get county counsel to review the document(s), and require the documents be filed prior to the final on the building permit. I hope this helps. Randy SENDER: •Complete items 1 and/or? itional services. I also wi receive the •Complete items 3, 4a, and following rices (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ❑ Return Receipt for Merchandise ❑ COD ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. 8. Addressee's Address (Only if requested ■ Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. � 6. 0 N PS 1, int Z and fee is paid) Domestic Heturn 4b. Service Type ❑ Registered Certified f ❑ Express Mail ❑ Insured �� ❑ Return Receipt for Merchandise ❑ COD 7. Dat __ O O 8. Addressee's Address (Only if requested and fee is paid) Domestic Heturn NT0 -- TAL SERVICE[,,;, � o nn Cll'� UNITED STATES_ First=Class=Mail — • Postage'& Fees Paid usPs-- - -PerrnirNa. -10 • Print your nan)s dadmllss, and ZIP COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Nve Oroville, CA 95965.3397 MEMORANDUM PLANNING DEPARTMENT TO: Butte. County Assessor's Office FROM: Butte County Planning Department SUBJECT: Donald & Elizabeth Penland, MUP 00-05 DATE: March. 16, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 047-490- 002, was: Rezone from to zoning district.- Granted istrict.Granted a variance to 2_ Issued a conditional Minor Use Permit to allow a Second Dwelling Unit, on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico,AR (Agricultural -Residential) j Atemp\assessor kiutte �ii LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION . DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3337 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 February 23,. 2000 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 Re: Minor Use Permit, AP 047-490-002, MUP 00-05 Dear Mr. & Mrs. Penland: At the regular meeting of the Butte County Board of Supervisors held February 22, 2000, your appeal was upheld and your request for a Minor Use Permit, was, approved. Your permit will be issued and you will be sent a copy. 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. 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, 4�1 Lynn Richardson Planning/Administrative Support Service Assistant /lr k: storms\appnn up. tim BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530)'538-7601 FAX (530) 538-7785 to: Butte County Board of Supervisors fax #: from: Stephen Betts (538-7153) (sbetts@buttecounty. net) date: February 15, 2000 subject: Penland Appeal, Project APL 00-05 pages: 2 NOTES: In our haste to finish the Board packets last week, the following memorandum from the Public Works Department was inadvertently omitted. It should have been attached to the Board agenda report (please note that it is not a numbered attachment). I apologize for the oversight. If you have any questions please give me a call (538-7153). BUTTE COUNTY BOARD of SUPERVISORS Applicant: Donald Penland Owner: Same 0 A Bearing Date: February 22, 2000 @ 10:45 a.m. Existing Zone: A -R (Agricultural Residential) N Supervisorial Request: Appeal of Minor Use Permit to allow for a permanent second dwelling no larger than 1,200 sq.ft. District # 4 I Assessor Parcel No: 047-490-002 1 00-051 File: APL 00-051 FI ne '!V ' o . z A-40 m A-40 OFC -R Nord Gtaneila Road O F A-40 � Flood Zane 'W' roti Project Location '-- - - A R 0:.c No A-40 OFC z � a A-40 A-40 1000 0 1000 2000 3000 4000 5000 Feet BUTTE COUNTY BOARD of SUPERVISORS Applicant: Donald Penland Owner: Same Hearing Date: February 22, 2000 @ 10:45 a.m. Existing Zone: A -R (Agricultur-al Residential) N Supervisorial Request: Appeal of Minor Use Permit to allow for a permanent second dwelling no larger than 1,200 sq.ft. District # 4 Assessor Parcel No: 047-490-002 00-05 File: APL 00-05 BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Appeal by Donald and Elizabeth Penland — MinofeUsewPerinit, MUPOO-05 DEPARTMENT: DDS, Planning Div. DATE: 2/8/00 MEETING DATE REQUESTED: 2/22/00 CONTACT: Steve _Betts PHONE: 7601 REGULAR x CONSENT DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: See Attached. AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No 4/5's Vote Required: Yes: No: Auditor-Controller's Number (if required): County Counsel's Approval: Yes No Date Received by Clerk of Board: Will Proposal Require Additional Personnel: Yes No Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe Packets C.- 4an SPEC RL INSTRUCTIONS TO CLERV. Number of originals required to be returned to Department: r "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Amount Budgeted $ (Budget Unit Number: ) (Fund Name: ) (Fund Number: ) Additional Requested $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Date Transfer Request: AMOUNT Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline. Total Source of Funds $ Board Action Required for B -Transfer? Yes No BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) From LINE ITEM To Transfer $ (No Cents) From To Transfer S (No Cents) From To Transfer $ (No Cents) From To LINE ITEM 0 SUMMARY: Ll Donald and Elizabeth Penland Appeal of the Planning Commission's approval of a Minor Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. APN 047-490-002 (SB) (MUP 00-05) (APL 00-05) ACTIONS FOR CONSIDERATION Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Deny Appeal 00-05 and approve Minor Use Permit 00-05, subject to the original 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 Butte County Code Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units, the Butte County Enviromnental Health Department and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies. The AR 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: 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. The project site is 3:18 acres in size and is much larger than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 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. The additional dwellings should not Ar Butte County Department of Development Services ArAgenda Report w Page 1 Ar significantly affect fire protection services upon compliance with fire safe requirements. 3. The harmful effect, if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home is of a character consistent with a rural residential neighborhood and will 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 vehicle traffic and will not over burden the carrying capacity of Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic generated by the second dwelling unit. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. 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 280, of the Butte County Code. . Butte County Department of Development Services xAgenda Report x Page 2 w • . r Conditions of Approval: 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. 4. 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. 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. 6. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division Ar Butte County Department of Development Services ArAgenda Report x Page 3 a 7. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. or I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Grant the exception to the road improvements on Victor Drive per Butte County Code Section 24-4. The special circumstances that apply are: The project site is located at the end of a long road. 2. Only seven parcels currently exist along Victor Drive, and only four additional parcels could be created along this roadway. The granting of the exception for the road improvements will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. III. Uphold Appeal 00-05 and approve Minor Use Permit 00-05, subject to the conditions found in Exhibit `B" 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 Butte County Code Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units, 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. The AR 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: Ar Butte County Department of Development Services ArAgenda Report & Page 4 s 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 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. The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. 3. The harmful effect, if any; upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home is of a character consistent with a rural residential neighborhood and will 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 vehicle traffic and will not over burden the carrying capacity of Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic generated by the second dwelling unit. 5. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General ArButte County Department of Development Services ArAgenda Report w Page 5 Ar 0 • Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit,which which is not within the 150 -foot building setback from the railroad tracks. 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 280, of the Butte County Code. Conditions of Approval: 1. 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. 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. x Butte County Department of Development Services &Agenda Report x Page 6 ir 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. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 6. Install a County approved septic system for the proposed second dwelling under permit from -the Butte County Environmental Health Division. Additional Conditions 7. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. xButte County Department of Development Services aAgenda Report xPage 7 x BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - February 22, 2000 Appellant/ Applicant Donald and Elizabeth Penland File #: APL 00-05 (MUP 00-05) Request: Appeal of a Minor Use Permit condition requiring road improvements. G.P.: Orchard and Field Crops Zoning: Agricultural -Residential, (6,500 sq. ft. minimum parcel size) APN: 047-490-002 Location: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, at 13045 Victor Drive, Nord STAFF COMMENT Parcel Size: 3.18 acres Zone Date: April 29, 1975 Supervisorial District: 4 Project Planner: Stephen Betts Associate Planner Attachments: A. Zoning/General Plan Map B. Letter of Appeal C. January 13, 2000, Planning Commission Minutes D. December 22, 1999, Planning Manager Agenda Report and Minutes E. Site Plan This appeal is made pursuant to Butte County Code Section 24-45.30 and is a "de novo" hearing. The Board of Supervisors may consider all applications, papers, maps, exhibits, and staff recommendations presented to the Planning Commission in reaching its decision. This appeal is also made pursuant to Butte County Code Section 24-4, which allows exceptions to design requirements for land divisions. While the project being appealed is not a land division, staff believes Section 24- 4 applies because the required road standard is the same as that which would be required for a land division. ANALYSIS On December 22, 1999, a Planning Manager's hearing was held on a Minor Use Permit application for a permanent second dwelling unit for Donald and Elizabeth Penland. The applicants and all property owners within 300 feet of the project site were notified of the Planning Manager's meeting. The applicants and no one from the public attended the meeting. The Planning Manager Ar Butte County Department of Development Services wAgenda Report a Page 1 Ar 0 • recommended that the Planning Commission approve the project. The project was on the Commission's January 13, 2000, consent agenda and the Commission voted 5-0 to approve the consent agenda. One Commissioner questioned the inconsistency between the project site's AR zoning and the Orchard and Field Crops General Plan designation, but there was no discussion of the conditions of approval. The applicants subsequently filed an appeal contesting Condition 3 which requires road improvements on Victor Drive. The appellants argue that the required road improvements are "useless" because flood waters frequently cover Victor Drive. The project site is located within a 100 -year flood zone and according to the Butte County Public Works Department, the project area has been subjected to several severe floods in the last few years. The -appellants state that the chipseal on the road will not last through one flood. The condition being appealed is Condition 3, which states: "Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department bf Public Works regarding the required road improvements." Condition 3 is a requirement of the recently revised Second Dwelling Unit Ordinance (Butte County Code Section 24-280). Section 24-280.C.2(f) requires that the existing road serving the parcel or lot be upgraded to the same standard that would be required of a land division dividing the parcel into two equal portions. The Butte County Public Works Department determined that the required County Road Standard for a land division on the project site is RS -8 LD IV along the parcel frontage (208 feet in length), and RS -8 LD III from the south property line of the site to Nord Highway (430 feet in length). County Road Standard RS -8 LD IV requires a 24 -foot wide chipsealed travelway while County Road Standard RS -8 LD III requires a 20 -foot chipsealed travelway. The Butte County Fire Department/CDF requests that Victor Drive be at least ten feet wide and be capable of supporting a 40,000 pound fire truck. Victor Drive currently serves seven parcels, with six dwellings on these parcels. Because these parcels are on septic systems, the potential exists for only four additional parcels to be created. Victor Drive is a 60 -foot wide nonexclusive public easement for ingress and egress. Victor Drive has a dirt/gravel roadbase and has a travelway that varies between 13 to 14 feet. Victor Drive is a private road and the property owners along the road have a recorded road maintenance agreement. The appellants state that about every other year the property owners along Victor Drive contribute money to maintain the road. Initially, the Public Works Department identified the flooding problem in the project area, but did not recommend the project be denied. The Public Works Department now does not recommend placing an additional residence on the project site until such time as a solution to the area wide flooding is found. The Public Works Department recommends that if the Board approves the second dwelling unit that Victor Drive be improved to the road standards required by Condition 3 in order to provide safe access to the site in the event of an emergency. Please see the attached Public Works Department memorandum, dated February 1, 2000. ArButte County Department of Development Services ArAgenda Report NPage 2 ff Butte County Code Section 24-4 allows exceptions to design requirements for land divisions. While the project being appealed is not a land division, staff believes Section 24-4 applies to a Minor Use Permit fora second dwelling unit because the required road standard is the same as that which would be required for a land division. Special findings have been prepared should the Board approve an exception to the road improvements on Victor Drive. ACTIONS FOR CONSIDERATION Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Deny Appeal 00-05 and approve Minor Use Permit 00-05, subject to the original 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 Butte County Code Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units, 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. The AR 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 2. The availability of public facilities, services and utilities: Ar Butte County Department of Development Services wAgenda Report ir Page 3 Ar • 0 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. The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. 3. The harmful effect,. if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home is of a character consistent with a rural residential neighborhood and will 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 vehicle traffic and will not over burden the carrying capacity of Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic generated by the second dwelling unit. 5. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. 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 280, of the Butte County Code. Ar Butte County Department of Development Services wAgenda Report Ar Page 4 ff • or I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Grant the exception to the road improvements on Victor Drive per Butte County Code Section 24-4. The special circumstances that apply are: 1. The project site is located at the end of a long road. 2. Only seven parcels currently exist along Victor Drive, and only four additional parcels could be created along this roadway. 3. The granting of the exception for the road improvements will not be detrimental to the public welfare or injurious to other property in the territory in which. the property is situated. III. Uphold Appeal 00-05 and approve Minor Use Permit 00-05, subject to the conditions found in Exhibit `B" 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 Butte County Code Section 24-280.0 "Standards and conditions outside Urban Areas" for permanent second dwelling units, 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. The AR 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be Ar Butte County Department of Development Services ArAgenda Report & Page 5 ir characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 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. The additional dwellings should not significantly affect'fire,protection services upon compliance with fire safe requirements. 3. The harmful effect, if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home is of a character consistent with a rural residential neighborhood and will 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 vehicle traffic and will not over burden the carrying capacity of Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic generated by the second dwelling unit. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. ArButte County Department of Development Services ArAgenda Report Ar Page 6 w 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 280, of the Butte County Code. K:\PROJECTS\UPM\PENLAND.MUP\130S.RPT ArButte County Department of Development Services ArAgenda Report Ar Page 7 A EXHIBIT A MINOR USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Receipt) MUP 00-05 PERMIT NO. 04-7-490-002 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Donald & Elizabeth Penland are hereby granted a Minor Use Permit in accordance with the application filed on November 17, 1999, to -allow a second 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: Ar Butte County Department of Development Services ArAgenda Report Ar Page 8 w 0. 0 L 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. 4. 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. 5. 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. 6. Provide an all weather access to all structures. The access' shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division ArButte County Department of Development Services xAgenda Report ir Page 9 x 7. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 8. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: Issuance of this permit does net waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction, nor does it waive any other requirements of federal, state, and local law. Butte County Board of Supervisors Chairman cc: Public Works Department, Land Development Division 'Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office ' EXHIBIT B Ar Butte County Department of Development Services ArAgenda Report ArPage 10 Ar C MINOR USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS 0 DATE: (Certified Mail Receipt) MUP 00-05 PERMIT NO. 047-490-002 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Donald & Elizabeth Penland are hereby granted a Minor Use Permit in accordance with the application filed on November 17, 1999, to allow a second 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. 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. 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: 1. 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. A copy of the recorded covenant shall Butte County Department of Development Services sAgenda Report s Page 11 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: I (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 theparcels, 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. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 6. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. 7. Applicant must also comply with all other applicable federal, state and local statutes, . ordinances, and regulations. sButte County Department of Development Services ArAgenda Report ff Page 12 Ar NOTE: Issuance of this permit does not waive the re4uirem mt of obtaining Building Division and Environmental Health Division permits before starting construction, nor does it waive any other rof federal, state, and local law. Butte County Board of Supervisors Chairman cc: Public Works Department, Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office Ar Butte County Department of Development Services ArAgenda Report ArPage 13 Ar BOARD OF SUPERVISORS 27 First St. JAN 112000 Quincy, CA 95971 .OROVILLE, CALIFORMA January 18, 2000 Board of Supervisors 25 County Center Drive Oroville, CA 95965 Dear Board: We would like to' appeal the Minor Use Permit provision that we bring Victor Drive up to County Road Standard RS -8 -LD -III. This has been a private road since this small subdivision was established in 1980. It has been up to the six property owners to maintain it. This has been done about every other year, with grading and gravel. It is prohibitive for one individual owner to assume this expense. Until the flooding problems in this area are corrected, this type of road improvement would be useless. This area has been flooded three times in the last five years, and just looking at the blacktop on the Nord Highway and Wilson Landing Road shows how floods damage even these types of surfaces. A chipseal on Victor Drive would not last through one flood. Because of the past flooding, we raised the original house on our property and plan to have this new home at least two feet above the highest flood level. Please check with Kurt Josiassen .if there are any questions, as we had him out to view the situation during the 1997 flood. We hope you will approve this appeal. urs truly Don Penland and Betty Penland F� Donald and Elizabeth Penland - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. APN 047-490-002 (SB) (MUP 00-)j Commissioner Lambert said that everything in the report seems to be termed toward what is appropriate under the zoning. She said the General Plan designation is Orchard and Field Crops with an A -R zone that is not consistent with the designation. She said she thought the Ordinance stated the County would.not do second dwellings units in the Orchard and Field Crops designations. Mr. Wilson said this is a unique situation where there is an island that has an underlying General Plan designation of Orchard and Field Crops and overlying zoning of A -R which is not typical A zoning. - There was a brief explanation. Commissioner Lambert said she did not want to hold this application up, but she did not want to s:t a precedent: She said they need to clean up the General Plan. Chairman Leland said he was concerned there are other pockets like this one. He said he was not against this request. Mr. Parilo said the County is looking at implementing the Agricultural Element and this will be looked Et. It was moved by Commissioner Nelson, seconded by Commissioner Mooney, and unanimously carried to approve the Consent Agenda. 3 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 13, 2000 ■ "• 10 BUTTE COUNTY PLANNING MANAGER AGENDA REPORT - December 22,1999 Applicant: Donald & Elizabeth Penland File #: MUP 00-05 Request: Minor Use Permit to allow a permanent second dwelling unit G.P.: Orchard & Field Crops Zoning: AR (Agricultural Residential, 6,500 sq. ft. minimum parcel size) APN: 047-490-002 Location: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, at 13045 Victor Drive, Nord STAFF COMMENT: Parcel Size: 3.18 acres Zone date: April 29, 1975 Supervisor . District: 4 Project Planner: Stephen Betts Associate Planner Attachments: A: Conditions of Approval . B. Vicinity Map C: County Road Standards RS -8 LD -III and RS -8 LD -IV D: GenerarPlan/Zoning Map E: 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 1,425 sq. ft. permanent second dwelling unit. The proposed second dwelling unit will be located approximately 50 feet from the main dwelling unit. Each dwelling will have its own septic system, but domestic water will be obtained from a shared well. The property is developed with the 1,768 sq. ft. dwelling unit, a septic system, and a well. The parcel fronts on Victor Drive (a private road). The property is located on the valley floor and is level. The Southern Pacific rail line is located on the western property line. The project site is located in an "A" flood zone, as shown on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0325C. The project site is not located within an Urban Area. The property is not encumbered by a California Land Conservation Agreement ("Williamson Act'). ■ Butte County Department of Development Services ■ Agenda Report 0 Page 1 ■ The project site is located in one of two islands of land zoned AR. The project site and all of the surrounding parcels have a General Plan Land Use designation of Orchard and Field Crops. Surrounding parcels range in size from .9 to 60 acres. The parcels in the AR zoned island range in size from .9 to 3.1 acres. Lands within the AR zoned -island contain rural residential land uses. The lands surrounding the AR zoned islands are primarily used for agricultural purposes. ANALYSIS: The minimum parcel size for AR zoned parcels using septic systems is 8,125 sq. ft. or as determined by the area needed for a primary leachfield and a backup leachfield. The AR zone permits a second dwelling unit upon approval of a Minor Use Permit. The project site is designated Grazing and Open Land by the Butte County General Plan, which allows dwellings as a Secondary Use. The property is located within an "A" flood zone. The "A" designates areas that are subject to 100 - year floods, but the base flood elevation has not been determined. The Butte County Department of Public Works commented that the project area is known to flood on a regular basis. The Public Works Department also states that the flooding problem may be eliminated when the Rock Creek/Keefer Slough Flood Control Project is completed. This flood control project is anticipated to begin construction in 2001. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the flood level. The proposed second dwelling should not be impacted by flooding of the site because it will be located above the flood level. However, the residents of the second dwelling unit may be unable to access or depart the dwelling unit during flood events. The Union Pacific rail line is located 50 feet west of the property's western parcel line. The parcel map that created the project parcel shows a 150 -foot building setback from the west property line. The purpose of the building setback is to prevent noise impacts to residential uses on the project site. The proposed second dwelling unit will be located approximately 400 feet from the west property line and is not within the building setback. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. 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. 0 Butte County Department of Development Services ■ Agenda Report 0 Page 2 ■ The project parcel, which is 3.18 acres in size, is well over the minimum parcel size allowed by the AR zone when using a septic system. 24-280.C.1.(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: No more than one Second Dwelling Unit shall be allowed on any parcel or lot. There will only be one second dwelling 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 a kitchen and bathroom. 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 main dwelling unit. The proposed second dwelling unit will require a new septic system. The Butte County Environmental Health Division does not indicate that the soils on the site cannot support the new septic system. The proposed second dwelling unit will utilize the existing well. 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. ■ Butte County Department of Development Services 0 Agenda Report 0 Page 3 0 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 states that the required County Road Standard for Victor Drive is RS -8 LD IV along the parcel frontage, and RS -8 LD III from the south property line of the site to Nord Highway. County Road Standard RS -8 LD IV requires a 24 -foot wide chipsealed travelway while County Road Standard RS -8 LD III requires a 20 -foot chipsealed travelway. A condition of this project requires that Victor Drive be upgraded as recommend by the Public Works Department. 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 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 as stated in (5) above. 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. The Planning Division will review the covenant for compliance with the above requirements. ■ Butte County Department of Development Services ■ Agenda Report ■ Page 4 ■ i ,w 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: I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Recommend approval to the Planning Commission for a Minor Use Permit, MUP 00-05, for Donald & Elizabeth Penland for a permanent second dwelling unit, on APN 047-490-002, 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. 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: 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 5 ■ 19 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. The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. The harmful effect, if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home., This type of home 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 Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic. 5. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element 'of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. ■ Butte County Department of Development Services ■ Agenda Report 0 Page 6 0 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling • 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 280, of the Butte County Code. K:\PROJECTS\UPM\PENLAND.MUP\PENLAN D. RPT ■ Butte County Department of Development Services 0 Agenda Report ■ Page 7 0 /0 0 0 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 00-05 PERMIT NO. 047-490-002 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Donald & Elizabeth Penland are hereby granted a Minor Use Permit in accordance with the application filed on November 17, 1999, to allow a second 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. 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 0 Page 8 ■ 0 Conditions of Approval: Is 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -N. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. Butte County Fire Department/CDF 4. 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. 5. 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. 6. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a'40,000 pound fire apparatus. 0 Butte County Department of Development Services ■ Agenda Report 0 Page 9 ■ Id Environmental Health Division 7. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 8. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction, nor 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 0 Butte County Department of Development Services 0 Agenda Report 0 Page 10 ■ : a I Ak Ll I JMLIW�I� 1, SIIr U SEAL ODAT: One application of MC -70 or MC -250 penetration treatment One application of asphalt emulsion CRS -2 One application of screenings 5/16" x No. 8 Penetration treatment, emulsion and screenings shall be applied in accordance with State Standard Specifications 2 Acres to less than 0 Acres— 4 or Tcwcr Nu RS-8-LDM 241 —� Double Sealcoot .f--2% 6 Cl.a A99. Bose - Less than 2 Acres 4 or fewer parcels j RS -8- LD 33Z DOUMZ SEAL CQAT: , One application of MC -70 or MC -250 penetration treatment First Coat: One application of asphalt emulsion CRS -2 One Application of screenings 5/16" x No. 8 Second Coat: Same as first coat Penetration treatment, emulsion and screenings shall be applied in accordance with State a Standard Specifications NOTE= NOT COUNTY STANDARD FOR,MAINTENANCE FTTTLE: OUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS TYPICAL SECTIONS FOR STANDARD NO. RS -8 -LD NON -URBAN AREA LAND DIVISIONS SCALE: None SHEET 2 OF 2 s a .q rt h .. BUTTE COUNTYPIANNINGNIANAGER Applicant: Donald Pcr:ard Owner: Same Hearin; Date: Dcccr.,.7cr 22 2. I 1, y M a..:. YxistinaZone: A R (A—u7 ultwl! R,:sidcnu i!) Request: Minor 1 ,c Pcmiit to allow "or a permarcr,t iccond d,.cc'!mg no !arJcr than 1,200 ;q t?. I 14- Superyisorial District = 4 I Assessor Parcel 'No: n-1'-,00 002, File: 00-05 1 f �`K n 6'c+ �'� 5 4r s a .q rt h .. BUTTE COUNTYPIANNINGNIANAGER Applicant: Donald Pcr:ard Owner: Same Hearin; Date: Dcccr.,.7cr 22 2. I 1, y M a..:. YxistinaZone: A R (A—u7 ultwl! R,:sidcnu i!) Request: Minor 1 ,c Pcmiit to allow "or a permarcr,t iccond d,.cc'!mg no !arJcr than 1,200 ;q t?. I 14- Superyisorial District = 4 I Assessor Parcel 'No: n-1'-,00 002, File: 00-05 1 �`K n 6'c+ �'� 5 4r ""�•` ' a E. s a .q rt h .. BUTTE COUNTYPIANNINGNIANAGER Applicant: Donald Pcr:ard Owner: Same Hearin; Date: Dcccr.,.7cr 22 2. I 1, y M a..:. YxistinaZone: A R (A—u7 ultwl! R,:sidcnu i!) Request: Minor 1 ,c Pcmiit to allow "or a permarcr,t iccond d,.cc'!mg no !arJcr than 1,200 ;q t?. I 14- Superyisorial District = 4 I Assessor Parcel 'No: n-1'-,00 002, File: 00-05 1 UM Donald and Elizabeth Penland - (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. APN 047- 490-002 (SB) (MUP 00-4 Mr. Wilson gave a brief summary of the project. The hearing was opened to the public. The applicant was not present. No one was here to speak to this item. The hearing was closed.. Mr. Wilson recommended to the Planning Commission that the Minor Use Permit for Donald and Elizabeth Penland 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. - I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act. II. Recommend approval to the Planning Commission for a Minor Use Permit, MUP 00-05, for Donald & Elizabeth Penland for a permanent second dwelling unit, on APN 047-490-002, 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. 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: 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. The project site is 3.18 acres in size and is much larger than the acreage as specified by 0 BUTTE COUNTY PLANNING SERVICES MEETING 0 MINUTES - DECEMBER 22, 1999 0 .17 PA 3. rd 5. 0 the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 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. The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. The harmful effect, if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home is of a character consistent with a rural residential neighborhood and should be compatible with surrounding dwellings. 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 Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. Any other relevant impact of the proposed use: ■ BUTTE COUNTY PLANNING SERVICES MEETING 0 MINUTES - DECEMBER 22, 1999 ■ The Planning Division has circulated the proposed second dwelling 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 280, of the Butte County Code. Conditions of Approval: 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. 4. 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. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ 5. 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. 6. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. Environmental Health Division 7. Install a County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. Additional Conditions 8. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. D ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - DECEMBER 22, 1999 ■ VICroR DR%ve J2►�II!1►�I� February 8, 2000 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 Re: Use Permit, AP MUP 00-05 Dear Mr. & Mrs. Penland: s utte 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 The Clerk of the Board of Supervisors set public hearing for February 22, 2000, at 10:45 a.m. to consider your appeal of the Planning Commission's approval of a Minor Use Permit to allow a Second Dwelling Unit on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. 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 0 INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT �P PRTMENT %� 0v T TF �`\ Ii O 1 O 11 1 O o O AcoU N�yy /f 4.1C TO: TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the.zoning. The primary issue being public health and safety. Victor. Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel whomay be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) RECEIVED FEB - 7 2000 BUTTE COUNTY PLANNING DIVISION INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Stu Edell, Land Development Division From: Steve Betts 5gr— Subject: Penland Minor Use Permit, File # MUP 00-05, APN 047-490-002 Date: January 31, 2000 The Planning Commission approved this project (which was on their consent agenda) on January 13, 2000. Following that, the applicants appealed the project to the Board of Supervisors over ,condition # 3. Thiscondition, which is a requirement of the newly revised Second Dwelling Unit Ordinance, requires the Victor Drive frontage of the applicant's parcel to be improved to RS -8 LD - IV, and Victor Drive from the applicant's parcel to Nord Highway to RS -8 LD -III. The Planning Division is recommending that the appeal be denied and condition # 3 remain unchanged. If you have any additional information that you would like me to include in the agenda report to the Board, please respond accordingly. Due to the short turn -around time for this project, I need any comments you have by this Friday (February 4th). Thanks. When%recorded mail to: Butte County Planning Division 7 County Center Drive Oroville CA 95965 Property Owner Owner's Address Property Address Assessor's Parcel # Property Descriptio ��—m002S27 Recorded 1 REC FEE 10.00 :Official Records I COPIES 2.50 CoBBUUty Of CANDACE J. GRUBBS I RecoROSEMARYDICKSONdr 1 Assistant I Myles 12:30PM 21 -Jan -2000 I Page 1 of 2 OWNERS AFFIDAVIT SECOND DWELLING UNIT Eli 7 d� W-4 E, 844 2. 1_6 d �4 7--- i & — (20.2 11 Minor Use Permit # rr 41'go- UUZ l lfu c'6 -5 1 Attached as Exhibit 'A' C U d C owner of the above described property, do declare, that either the primary dwelling or the Second 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 _penalty of perjury under the laws of tate of California thatpe foregoing is true and correct. Executed this o1 day o — at �, Calif Signe Signe STATE OF CALIFORNIA: COUNTY OF BUTTE '/ Or� Jan • ;P1�.J � 1 t ��L�N before me, _ n �,SQ , personally appeared POV1Q (G(� •y� l(� Ind >✓ It personally known to me OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGN/VR OF OTARY p• ,. J.TUNISON n COMM. M 1234972 SII �_.,� NOTARY PUBLI"AUr-ORNIA 0 UI BUTTE COUNTY MY OOMM. EXPIRES SEPT. 16, 2003 •►,sv .. .. .. • . - ..l n•:f•YN': 1I.:relf,.n ..9N Nyl K.9ef'-r<:JrrlsvwN ArYf' , 94-51553-- / Parcel No. 047-490-002-000 PARCEL I: Parcel 3, as shown on that certain Map filed in the Office of the Recorder of the County of Butte, State of Califoinia, on July 16, 1980 in Book 77, of Parcel Maps, at Page 47. . PARCEL II: A.non-exclusive easement for ingress and egress and for public utilities over a 60 foot strip of land anown on that certain Map filed in the Office of the Recorder of the County of Butte, State of California, on July 1 - 1 G 1980 in book 77 of Parcel Maps, at Page 47. 1 j. t. i. 1 1 , END OF DOCUMENT . =' I� APPENDIX A w 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 00-05, Minor Use Permit Assessor's Parcel No.: 047-490-002 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Donald & Elizabeth Penland, 13045 Victor Drive, Chico, CA 95973 vvvE ,1irb' 6um 9 Project Location -Specific: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a Second Dwelling Unit on property zoned AR (Agricultural -Residential). 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: Rigat'u�rre, Ran ilson Principal Planner ECLARATION OF FEES DUE (Ca is Fish and Game Code Section NAME AND ADDRESS OF APPLICANT ° Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 (530) 283-1843 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). #18145 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Doartment of Development Services Date: January 20,` 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. ' • APPENDIX A 0 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 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 �4Rw1 'a AG Project Title: MUP 00-05, Minor Use Permit Assessor's Parcel No.: 047-490-002 Applicant: Donald & Elizabeth Penland, 13045 Victor Drive, Chico, CA 95973- Project 5973 Project Location -Specific: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, rorth of Chico Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a Second Dwelling Unit on property zoned AR (Agricultural -Residential). 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 - 1 . pplicant: 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, Ran ilson Principal Planner �a dWECLARATION OF FEES DUE (Cali nia Fish and Game Code Section 714 NAME AND ADDRESS OF APPLICANT Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 (530) 283-1843 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: (X) PAYMENT: The above fees have been paid. See attached receipt(s). #18145 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 20,= 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. w �1. 27 First St. Quincy, CA 95971 January 18, 2000 Board of Supervisors 25 County Center Drive Oroville, CA 95965 Dear Board: BOARD OF SUPERVISORS JAN 11 2000 'OROVILLE, CALIFORNIA We would like to appeal the Minor Use Permit provision that we bring Victor Drive up to County Road Standard RS -8 -LD -III. This has been a private road since this small subdivision was established in 1980. It has been up to the six property owners to maintain it. This has been done about every other year, with grading and gravel. It is prohibitive for one individual owner to assume this expense. Until the flooding problems in this area are corrected, this type of road improvement would be useless. This area has been flooded three times in the 'last five years, and just looking at the blacktop on the Nord Highway and Wilson Landing Road shows how floods damage even these types of surfaces. A chipseal on Victor Drive would not last through one flood. Because of the past flooding, we raised the original house on our property and plan to have this new home at least two feet above the highest flood level. Please check with Kurt Josiassen. if, there are�.any questions, as we had him out to view the situation during the 1997 flood. We hope you will approve this appeal. urs truly J Don Penland and Betty Penland RECEI - - JAN 21 2000 BUTTE COUNTY PLANNING DIVISION (*UNTY OF92 8OFFICIAL RECEIP 6615 OFFICE- R/pEPARTMENT ISSUING RECEIPT illlq Received frorn i &/ The Swn of 1 / l Received. Received By. Ld �� CASH■ Title/ CHECK By DAN=i8UBINMiF.ORKS-((91f?)743-8511 `When recorded mail to: Butte County Planning Division 7 County Center Drive Oroville CA 95965 OWNERS AFFIDAVIT SECOND DWELLING UNIT PropertyOwner /(�[) G(� //�1 4L Owner's Address 1 � 5 Property Address 4bCDCa—CbQ1Q)2527 Recorded Official Records County Of BUTTE CANDACE J. GRUBBS Recorder ROSEMARY DICKSON Assistant 12:30PM 21 -Jan -2000 7-:3 REC FEE 10.00 COPIES -2;50 Myles Page 1 of 2 Assessor's Assessor's Parcel # U % _ `�9� -6)6,2- Minor Use Permit Property Des Attached as Exhibit W I, T-hnLL(d r� rl�lU� ` � ^ owner of the above described property, do declare, that either the primary dwelling or the Second 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 penalty of perjury under the laws of the State of California thatpe foregoing is true and correct. Executed this a��- day o �ru,L�i � , at SC%alifor Sig P STATE OF CALIFORNIA --- COUNTY OF BUTTE i _ (�� (SQ r , personally appeared O�` 1Qn • � � � Jbefore me, � (o e_ -t G- ° lft tom( oLano i` l� 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on tl-e instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. IGNAWRE_OEtVOTARY J.TUNISO^^ COMM./1234972 Ul NO'ARY PUBUC CALIFORNIA O M1 BUTTE COUNTY MY COMM. EXPIRES SEPT. 10, 2003 9k-51553-- Parcel No. 047-490-002-000 PARCEL 1: Parcel 3, as shown on that certain Map filed in the Office of the Recorder of the County of Butte, State of California, on July .16, 1980 in Book 77. of Parcel Maps. at Page 47. PARCEL 11: Anon -exclusive casement for Ingress and egress and for public utilities over a 60 foot strip of land. !thown on that certain Map filed in the Office of the Recorder of the County of Butte, State of California, on July 16', 1980 in book 77 of Parcel Maps, at Page 47. OF DOCUMENT To: From: Subject: Date: r INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION File MUP 00-05 (Penland MUP) Steve Betts, Associate Planner Phone call with Betty Penland - Road Standards January 18, 2000 She wanted to know why they had to improve the road. Explained to her that the road improvments are required by the Second Dwelling Ordinance. I mailed her the required RS -8 LD -III and RS -8 LD -IV County Road Standards -and a copy of the Second Dwelling Ordianance. They intend to appeal that condition to the Board. INY NO, DATE RECEIPT NO. TOTAL RECEIVED]' PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE N6E/NOD F%G FEE OTHER APPLICANT RECEIVED FROM RECEIPT 18145 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING.- IS 6UE 8&6�# �k N January 14, 2000 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 - Sutte Count) LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 047-490-002, MUP 00-05 Dear Mr. & Mrs. Penland: 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, Lynn Richardson Planning/Administrative Support Service Assistant /lr December 22, 1999 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 Suite Count L A N D O F NATURAL WEALTH A N D B EA U T Y 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 047-490-002, MUP 00-05 Dear Mr. & Mrs. Penland: 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, at 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, x6l� Lynn Richardson Planning/Administrative Support Service Assistant Ir BUTTE COUNTY PLANNING MANAGER AGENDA REPORT - December 22, 1999 Applicant: Donald & Elizabeth Penland File #: ` MUP 00-05 Request: Minor Use Permit to allow a permanent second dwelling unit G.P.: Orchard & Field Crops Zoning: AR (Agricultural Residential, 6,500 sq. ft. minimum parcel size) - APN: 047-490-002 Location: On the west side of Victor Drive, approximately 425 feet north of Nord Highway, at 13045 Victor.Drive, Nord STAFF COMMENT: Parcel Size: 3.18 acres Zone date: April 29, 1975 Supervisor District: 4 Project Planner: Stephen Betts Associate Planner Attachments: A: Conditions of Approval B. Vicinity Map C: County Road Standards RS -8 LD -III and RS -8 LD -IV D: General Plan/Zoning Map E: 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 1,425 sq. ft. permanent second dwelling unit. The proposed second dwelling unit will be located approximately 50 feet from the main dwelling unit. Each dwelling will have its own septic system, but domestic water will be obtained from a shared well. The property is developed with the 1,768 sq. ft. dwelling unit, a septic system, and a well. The parcel fronts on Victor Drive (a private road). The property is located on the valley floor and is level. The Southern Pacific rail .line is located on the western property line. The project site is located in an "A" flood zone, as shown on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0325C. The project site is not located within an Urban Area. The property is not encumbered by a California Land Conservation Agreement ("Williamson Act"). 0 Butte County Department of Development Services 0 Agenda Report 0 Page 1 0 The project site is located in one of two islands of land zoned AR. The project site and all of the surrounding parcels have a General Plan Land Use designation of Orchard and Field Crops. Surrounding parcels range in size from .9 to 60 acres. The parcels in the AR zoned island range in size from .9 to 3.1 acres. Lands within the AR zoned island contain rural residential land uses. The lands surrounding the AR zoned islands are primarily used for agricultural purposes. ANALYSIS: The minimum parcel size for AR zoned parcels using septic systems is 8,125 sq. ft. or as determined by the area needed for a primary leachfield and a backup leachfield. The AR zone permits a second dwelling unit upon approval of a Minor Use Permit. The project site is designated Grazing and Open Land by the Butte County General Plan, which allows dwellings as a Secondary Use. The property is located within an "A" flood zone. The "A" designates areas that are subject to 100 - year floods, but the base flood elevation has not been determined. The Butte County Department of Public Works commented that the project area is known to flood on a regular basis. The Public Works Department also states that the flooding problem may be eliminated when the Rock Creek/Keefer Slough Flood Control Project is completed. This flood control project is anticipated to begin construction in 2001. County ordinances do not prohibit the construction of dwellings in an "A" flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the flood level. The proposed second dwelling should not be impacted by flooding of the site because it will be located above the flood level. However, the residents of the second dwelling unit may be unable to access or depart the dwelling unit during flood events. The Union Pacific rail line is located 50 feet west of the property's western parcel line. The parcel map that created the project parcel shows a 150 -foot building setback from the west property line. The purpose of the building setback is to prevent noise impacts to residential uses on the project site. The proposed second dwelling unit will be located approximately 400 feet from the west property line and is not within the building setback. The residents'of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. 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. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 2 0 r, The project parcel, which is 3.18 acres in size, is well over the minimum parcel size allowed by the AR zone when using a septic system. 24-280.C.1.(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 one second dwelling 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 x contains a kitchen and bathroom. 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 main dwelling unit. The proposed second dwelling unit will require a new septic system. The Butte County Environmental Health Division does not indicate that the soils on the site cannot support the new septic system. The proposed second dwelling unit will utilize the existing well. 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. i . 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. ■ Butte County Department of Development Services 0 Agenda Report 0 Page 3 0 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 states that the required County Road Standard for Victor Drive.is RS -8 LD IV along the parcel frontage, and RS -8 LD III from the south property line of the site to Nord Highway. County Road Standard RS -8 LD IV requires a 24 -foot wide chipsealed travelway while County Road Standard RS -8 LD III requires a 20 -foot chipsealed travelway. A condition of this project requires that Victor Drive be upgraded as recommend by the Public Works Department. 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 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 as stated in (5) above. 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. The Planning Division will review the covenant for compliance with the above requirements. ■ Butte County Department of Development Services 0 Agenda Report 0 Page 4 0 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: I. 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 00-05, for Donald & Elizabeth Penland for a permanent second dwelling unit, on APN 047-490-002, 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. 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. The project site is 3.18 acres in size and is much larger*than the acreage as specified by the site development standards of the AR zone. Also, the second unit is 1,425 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. ■ Butte County Department of Development Services n Agenda Report ■ Page 5 ■ . 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: - The additional dwellings should not significantly affect fire protection services upon compliance with fire safe requirements. 3. The harmful effect, if any, upon desirable neighborhood character: The second dwelling is proposed to be a manufactured home. This type of home 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 Victor Drive or Nord Highway. These roads have sufficient capacity to handle the minor increase in vehicle traffic. 5. The suitability of the site for the type and intensity of use or development which is proposed: The property is located within an "A" flood zone. County ordinances do not prohibit the construction of dwellings in an "A"- flood zone, but the lowest floor elevation of a dwelling must be at least one foot above the calculated flood level. The Union Pacific rail line is located on the property's western parcel r line. The residents of the proposed second dwelling unit may be subject to the noise generated by trains, but it is not anticipated to be significant because of the long distance between the dwelling and the tracks. Policy 3 of the Noise Element of the Butte County General Plan states that special consideration should be given to residential development and other noise sensitive activities near railroads and highways. Special consideration has been given to the location of the second dwelling unit, which is not within the 150 -foot building setback from the railroad tracks. 4 ■ Butte County Department of Development Services 0 Agenda Report ■ Page 6 ■ 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling 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 280, of the Butte County Code. K:\PROJECTS\UPM\PENLAND. MUP\PENLAND. RPT ■ Butte County Department of Development Services 0 Agenda Report 0 Page 7 0 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 00-05 PERMIT NO. 047-490-002 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Donald & Elizabeth Penland are hereby granted a Minor Use Permit in accordance with the application filed on November 17, 1999, to allow a second 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 tapproval, 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 0 Agenda Report 0 Page 8 0 Conditions of Approval: 1. 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. 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. Prior to issuance of a building permit for the second dwelling unit, Victor Drive along the parcel frontage shall be improved to County Road Standard RS -8 LD -IV. Victor Drive from the south property line of the site to Nord Highway shall be improved to County Road Standard RS -8 LD -III. Applicant shall contact the Department of Public Works regarding the required road improvements. Butte County Fire Department/CDF 4. 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. 5. 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. 6. Provide an all weather access to all structures. The access shall have a minimum 10 -foot width and 15 -foot vertical clearance, and be able to accommodate a 40,000 pound fire apparatus. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 9 ■ Environmental Health Division 7. Install a. County approved septic system for the proposed second dwelling under permit from the Butte County Environmental Health Division. 44 Additional Conditions 8. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: Issuance of this permit does not waive the requirement of obtaining Building Division and Environmental Health Division permits before starting construction nor does it waive any other requirements of federal, state, and local law. Butte County Planning Commission Chairman S , cc: Public Works Department, Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF , Assessor's Office ' 0 Butte County Department of Development Services 0 Agenda Report 0 Page 10 0 J�►�II!1►lII LJ SINGU SEAL OOAT: One application of MC -70 or MC -250 penetration treatment One application of asphalt emulsion CRS -2 One application of screenings 5/16" x No. 8 Penetration treatment, emulsion and screenings shall be applied in accordance with State Standard Specifications 2 Acres .to less than 5 Acres— 4 or Tewer purcams RS-8-LDM 24' 5' 12' Double Sealcoat r--- - 2 % - 2 %—► I I 6Cl. 31 Aqy. Base Less than 2 Acres -4 or fewer parcels RS -8- LD 3Z i f DO IEZ SEAL OQAT: One application of MC -70 or MC -250 penetration treatment First coat: One application of asphalt emulsion CRS -2 One Application of screenings 5/16" x No. 8 Second Coat: i t Same as first coat Penetration treatment, emulsion and screenings ! shall•be applied in accordance with State Standard Specifications NOTE= NOT COUNTY STANDARD FOR MAINTENANCE COUNTY OF BUTTE DEPARTMENT. OF PUBLIC. WORKS TYPICAL SECTIONS FOR STANDARD NO. RS -8 -LD TITLE : NON—URBAN AREA LAND D I V I S I ONS SCALE. SHEET 2 OF 2 r a . � g^•.- ". —.�,• .ir•^�^:.r.^�-. �e�r'rv�a�,�1; f. r: ""'Y . '?Y:': ,+,. ,�,` ' j .`3' „a��n';�.`Z"'+i"'}.� . d .. . AVISIMMI M! Imi A\- R p N ab .......... . __ A -R A J RIOay AVISIMMI M! Imi A\- R p N ab .......... . __ A -R ,c(>`, '.K Ilk, vt�A -4. 'N'z t6 z w a o Y 9 i4 I I�zl.o "4 0'4 -Xi4 14 ":1%. d 4 1 ", • v 1 31. VN all -1c ? 41 .0, 1000 0 1000 2000 3000 4066 5000 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Donald Penland Owner: Same Hearing Date: December 22, 1999 'd 9:00 a.m. Existing Zone: A -R (Azhcultural Residential) N Supervisorial Request: Minor Use Permit to allow for a permanent second dwelling no larger than 1,200 sq ft. ZDistrict # 4 Assessor Parcel No: 04'-490-002 File: 00-05 A J ,c(>`, '.K Ilk, vt�A -4. 'N'z t6 z w a o Y 9 i4 I I�zl.o "4 0'4 -Xi4 14 ":1%. d 4 1 ", • v 1 31. VN all -1c ? 41 .0, 1000 0 1000 2000 3000 4066 5000 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Donald Penland Owner: Same Hearing Date: December 22, 1999 'd 9:00 a.m. Existing Zone: A -R (Azhcultural Residential) N Supervisorial Request: Minor Use Permit to allow for a permanent second dwelling no larger than 1,200 sq ft. ZDistrict # 4 Assessor Parcel No: 04'-490-002 File: 00-05 INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT EP PRTM�/T �O OA, 00 �U T/j� o\ NA /t ''�� cot�n►�y ii TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: -PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT �f PSTMEWr OAS. O / - O `1 o A otic TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES y FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) n INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT P sTmEwr E �� /�� O I i 0 o ,�1 O O , c�U N'�y �. A y �k1c TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc,. Mike Crump, Director of Public Works (File 300) INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT TO: TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) . t INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT �? PR1MZ4VT o�vrrF� . 0 O O -�\ o O �.� otic W� TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents. and emergency personnel who may be called to rescue them in times of emergency. The current RS-87LD-III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) i i INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT OSP PSTMEArr �vTTF ° i 1I ° ° \� ° TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART. EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS. SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: . FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) I INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT �? pPT"'EArp ��VTTF�\ � o o o �` \� o o �� ,o y 1.1c TO: TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION, PUBLIC WORKS SUBJECT: PENLAND MINOR USE PERMIT, AP 047-40-002 DATE: FEBRUARY 1, 2000 The change in the County Code to require improvement to private roads to the same standards as would be required for division of the property into parcels meeting zoning compliance with the zoning. The primary issue being public health and safety. Victor Drive is currently an unimproved gravel roadway. The area has been subjected to several severe flood events in the last few years, prompting the County to request assistance from the U.S Army Corps of Engineers and The Reclamation Board in finding a solution to the area,wide flooding problems. Until such time as an acceptable solution is in place I would not recommend placing any additional residences in harms way. If the Board chooses to approve this minor use permit. then access to the site should be improved to the attached standards to provide for the safety of the residents and emergency personnel who may be called to rescue them in times of emergency. The current RS -8 -LD -III and RS -8 -LD -IV standards are attached for reference. cc: Mike Crump, Director of Public Works (File 300) Urniect Lnca d December 16, 1999 Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 L A N D O F NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3337 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 047-490-002, MUP 00-05 Dear Mr. & Mrs. Penland: 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 Plan n i n g/Ad m i n i strative Support Service Assistant Ir utte county �;• _ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3337 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 December 8, 1999 r Donald & Elizabeth Penland 13045 Victor Drive Chico, CA 95973 Re: Application for a Minor Use Permit for a Permanent Second Dwelling on APN 047-490- 002, File # MUP 00-05 Dear Mr. and Mrs. Penland: Thank you for the submittal of the above referenced application received on November 17, 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 scheduled for December 22, .1999. You will shortly receive additional notification of the time and location of the hearing. 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, � 5 � 2(0: Stephen Betts Associate Planner Enc. Ll C:\PROJECTS\UPNI\PEN LAND. M U P\COM M ENTS. LET 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 Donald and Elizabeth Penland on property zoned A -R (Agricultural - Residential), identified as APN 047-490- 002. The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico. (MUP00-04) (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. I. 5� `:;%. TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION CDF - Butte County Planning Division Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 November 22, 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 to allow a Second Dwelling U nit on property zoned AR (Agricultural - Residential) located on the west side of Victor Drive, -proximately 425 feet north of Nord Highway, in Nord, north of Chico, identified as APN 047-490-002. Supervisorial District No. -4. 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 December 6, 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): M a Date: 1�_2 3 BUTTE COUNTY 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Donald & Elizabeth Penland DATE: November 17, 1999 AGENT: APN: 047-490-002 FILE #: MUP 00-05 PLANNER: PROJECT DESCRIPTION: Minor Use Permit to allow a Second Dwelling Unit PLEASE CONTACT THE BUTTE COUNTY FIRF DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. FIRE PROTECTION 1. 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. 3. 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 $ 7. 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. 8. 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. Environmental Health BUTTE COUNTY NOV 18 i9m DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Chico, Califomla TO: Environmental Health - Chico FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 DATE: November 17, 1999 CONTACT PERSON: 4A 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 se P rmit to allow a Second Dw elling 1 Tnit on property zoned AR (AgdM1 Wra1- Ruid= al) located on the west side of Victor Drive. approximately 425 feet north of Nord Higj� ay, in I`rord, north ofd, identified as APN 047-490-002. Supervisorial District No. 4. /3b V-57' THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON January 7, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN JJu&mhff 2, 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): 7 County Center Drive - Oroville, California 95965 -530-538-7601 - FAX 53.-EGEjIVEI D Nov 2 3 1999 BUTE COUNTY PLANNING DIVISION TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo Butte County Planning Division Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 November 22, 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 to allow a Second Dwelling Uni on property zoned AR (Agricultural - Residential) located on the west side of Victor Drive, aunroximately 425 feet north of Nord Highway, in Nord, north of Chico, identified as APN 047-490-002. Supervisorial District No. -4. 0 6 2- A-9 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 December 6, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. �� - ' ri+HNNING DCIV SION By: ��%�-C' Date: �12 1:21,, / 9 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 0 BUTTE COUNTY 1 TTE� DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Nov 9 199g TO: Public WorksI•A UT Cp � NG FROM: Butte County Planning Division P NI j0 D V N RE: Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 DATE: November 17, 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 to allow a Second Dwelling Unit on property zoned AR (Agricultural - Residential) located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico, identified as APN 047-490-002. Supervisorial District No. -4. 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 December 2, 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): 'a , t f-� �G av D .t7�av rib �«xJ ?a lz�zr3J �✓ ten//n-T�/ d✓A hfiNo ,-1 TP Fccuo aw /+ aeffay _-a-A, 131KLs t-yiyPkG9 Cvt� f f 4cCIOV P40 -IR/ 2:71^1 7-,Vy'"` _5&t /I;S (/NA -L Lr 7TJ A C GS a�L �3-yEI 7�I�'t� I�nl/nl(/z! /i✓ T��' �- 64 �DU � /7a L 4 Y 77�tS %�/u//3 L (/"'L Ci✓1iLL' %3� %'LG��dG (�D'!.7 {�� g0c/C C "Ve-- coli f aa��f a- p`toz �/1�/J Gr vrr� � /;� Ttr•t� By: ��.u.�' �% Date: �L/i9i/y 4 Pizr oLri ~i✓bj v m,77r—s- n-�✓'� /��vrr�! 0 > l3 7 County Center Drive - Oroville, CaliforniaJC-E;V507601 - FAX 530-538-7785 , —.40 IZ7 {/LS -u° L 0 / NOV 18199 (�/1 3�y 9 *0UNTY OF BUTi E LAND DEVELOPMENT DIV. A -40 YUP 00-05 APN 047-450-002 Donald Penland A-410 A-", '� A -,I ( " 0 do"', BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: - Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 DATE: November 22, 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 to allow a Second Dwelling Unit on property zoned AR (Agricultural - Residential) located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico, identified as APN 047-490-002. Supervisorial District No. 4. 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 December 6, 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): By: Date 7 County Center Drive - Oroville, California 95965 - 530-538-7601 FAX 530-538-7785 LEAD IN SHEET FILE NO: 1/l 1' 00-05 047-490-002 • " • �•1. � i •- 1 �"1..:1.1 1� • � 1 • � • • REPRESENTATIVE: ' • Minor - Pennit to allow a Second Dwelling Unit SIZE: 3.18 acres LOCATION: on the west 1" of •approximately-- north of Nord Highway, 1 ► • 1 north of / • SUPERVISORAL DISTRICT #4 -EXISTING ZONING: AR (Agricultural -Residential) ZONING HISTORY: 04/29/75 Ord. 1577 SURROUNDING• :: 41 SURROUNDING LAND USE: Rural Residential, Agdculture SITE HISTORY: GENERAL PLAN DESIGNATION: Orchard & Field Crops APPLICABLE REGULATIONS: F kood Zone, PC Date Rec'd 11-17-99 COMMENT DISTRIBUTION LIST APPLICATION: Donald & Elizabeth Penland DATE: November 17, 1999 County Offices and Cities:, / _ Chief Administrative Offjcer _X_ Develop. Services Director X_" Public Works Director _X_ Environmental Health _X_ Assessor _ Building Manager _ Sheriff _ BCAG ALUC _X_ LAFCo _ Air Quality Mgmt. ✓ Butte Co. Farm Bureau Biggs Gridley Chico _ Oroville _ _ Paradise _ / Chico Airport Commission _X_ Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation _ Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection _X_California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park Paradise Recreation & Park Richvale Recreation & Parks Utilities _ 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, (Attn: 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.] Council _ Paradise Pines Com. Assoc. _ Reclamation _ Cat Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy_ School Districts II BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: • Butte County Planning Division RE: Request for Comments on a Development Application: Donald & Elizabeth Penland, MUP 00-05 DATE: November 17, 1999 CONTACT PERSON: I 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 to allow a Second Dwelling Unit on property zoned AR (Agricultural - Residential) located on the west side of Victor Drigg, approximately 425 feet north of Nord Highway, in Nord, north of Chico, identified as APN 047-490-002. Supervisorial District No. -4. 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 December 2, 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): By: Date: 7 County Center Drive'- Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS E. BUILDING PERMITS 1. Prior to biuilding permit issuance for anew residential dwelling unit(s), 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: 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. t S 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. r OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT . 18030 ISSUED BY 1 7a. VIM' il-aZ";?! . M, DATE RECEIPT NO. TOTAL RECEIVED ' PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE N6E/NOD F?G FEE OTHER APPLICANT RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT . 18030 ISSUED BY Eju a Tuve 5'iST=M % \ n \\ 'Z 00 \ alp 5,i(S - rhoc( Pr- \ L� �y \ \ DON PENLARb 130q57 VICMR RoA'b MORA. CA. 95973 WOO - 490- 002-. OCALS 1=30' \ NOV 17 1999 \ BUTTE COUNTY PLANNING DIVISION , Or 8/ 68' @X1 ST�N�a Ej[/STI+J(o �ipN1E WJM%. N ® Sv%our5 Le,o-oh:'� t l 4 LoaX 2�gl�ce w�erc ►► ystib. �4 � DRiJEWAlf MAN u LACXu Rdb 3 W. M Q I ee � W OC A 8 zi N O MAN u LACXu Rdb 3 W. M Q I ee � t— i` 3 P M t� V) 'N V1 1 �PLANNING +a l ` l //-r O0.OnIrO.O/I r,or, to . o° r ¢ °�,•I pie • Ji; - a Q Y��E NODI 1' 7 1999 sap le � x 35_ t— i` 3 P M t� V) 'N V1 1 V a \l -yr - - /rnv°-vlsnsr►► �,or;rrvo'I-J+rrrs�rr,�a �PLANNING +a l ` l //-r O0.OnIrO.O/I r,or, to . o° r ¢ °�,•I pie 0/ m> - a Q Y��E sap le � x 35_ I :oo lf° 2 r 0 `fix./ v Q m :a Q r. 90G- oS�� 'r) �• .AiyS, F C�Kf� 4 o �F3o ieaa c I �'.IO• ♦ s�-YB ° V a \l -yr - - /rnv°-vlsnsr►► �,or;rrvo'I-J+rrrs�rr,�a e �PLANNING ss Ivo sa //-r O0.OnIrO.O/I r,or, to . o° r ¢ °�,•I pie ;.. m> - a Q Y��E sap le � x 35_ I < LU W.5I 2 r 0 `fix./ v Q m :a Q r. 90G- _ 'r) �• .AiyS, F C�Kf� 4 o �F3o ieaa c I s�-YB yam\ V 1 p .IO'rrf -0I JO.00J ° _+ •00'lII ce---s��---`------' --i77 Q e �PLANNING DIV c lVu ¢ m> � a Q � Y N sap le � x r Q < LU 2 2 r 0 `fix./ v Q m u Q r. 90G- _ 'r) �• .AiyS, F C�Kf� 4 o �F3o nn_r =.acs c o 3 W yam\ V 1 p Q 6Ec�Pz�i,,r sap le o 6E r. 90G- _ 'r) �• .AiyS, F C�Kf� 4 o �F3o nn_r =.acs c .a36 ..., .., ..., ,.,.✓. ✓. 1.A s►1. 2 2 y �s .94AC 'Qy 1 I s►~i 3 4C I.OI AC. Z 74 �4`a 23 3.52AC 219/.3 31 AC. 20.0 AC. REV IS £O : 330 IAC O IAC. (� IAC 2 AC. N Z �~ = 200' SEC. It Y.- Asse cr" Mop Na 47-45 a of Butte, Co. 3AC. (47-15) N89�42-20- W 2' 380 180 ISO 3 O i It i IAC. 12 318AC. I 22 I I I IAC. 3= 13 c lB O7 41 I IAC. 14 'K so O I PM _ 73f 2.62AC• 2.17AC 3.18AC. I 77 N I IAC. -23 PM 77-47' I I L24AC. 16 I pMB3-99' I PM SS -99 122.861 380 180 /80 NORD REV IS £O : 330 IAC O IAC. (� IAC 2 AC. N Z �~ = 200' SEC. It Y.- Asse cr" Mop Na 47-45 a of Butte, Co. 3AC. (47-15) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DMSION 7 County Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING R NOTICE 10D TEC , 319 ipl; 0vt E 04 -4018 - AMP ONALD & MARGARET 5414 NORD HWY. CHICO, CA 95973 LAMP414170 1899 20 12/09199 RETURN T0 SENDER LAMPE 14906 WOODLAND PARK DR FOREST RANCH CA 95942•-7745 •t . li�i,•;�l,i�l,f,,:,11„�f,l,�,lf.,.��i��,l,l,,i„,l11.„1,,� f,,,i1 " COUNTY OF BUTTE u .. ;;,.." •• A DEPARTMENT OF DEVELOPMENT SERVICE$44 PLANNING DIVISION 7 County Drive Oroville, CA 95965-3397' NOT QRppUV SLE UNAetL i� FOgWARp RETURN SERVICE REQUESTED - '04 _ _- _ �1 � 7-490-013 PUBLIC gE� 1��9 MOU MINE SHIUH & TI_ I LING � 2201PILLSBIIRYR.D#C ®`C' � CHICO, CA 95926 HEARING Ecovg®l°sI,---�_ B T31N NOTICE AUTO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIInnIIIIIIIIIIIIIInlll COUNTY OF BUTTE .T ,"' ovitt DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION cd 1198 7 County Drive ' pp Oroville, CA 95965-3397 ThivER 120641{ t RETURN SERVICE REQUESTED m ._RECEIVED ..� BUTTE COUNTY PLANNING DIV A ,4 L1 U,% Southern Pacific Railroad 1 Market Plaza, Rm 401 San SOUT001* 941053031 1898 32 11/26/99 FORWARD TIME EXP RTN TO SEND SOUTHERN PACIFIC RAILROAD 49 STEVENSON ST 15TH FL SAN FRANCISCO CA 94105-2909 Cv oT �i V►�� S o.o S�_ 1 -O - q 2y -V