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HomeMy WebLinkAboutMUP 00-09y , JJJ PROJECT SUMMARY SHEET FILE #: MIR 00-09 PROJECT TYPE:— Minor Use Permit Q APPLICANT: Suzanne Thomas Jessen ADDRESS: P.O. Box 1179, Durham, CA 95938 ADDRESS REPRESENTA ADDRESS PROJECT DESCRIPTION: Minor Use Permit to convert a small family daycare into a large family daycare PROPERTY ZONED: A-10 ( Agricultural, 10 acre Parcel) LOCATED: at 1662 Blaser Lane in the Durham area. AP#: 040-150-026 TOWN/AREA: Durham GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) 2. 3. 4. 5. 6. 7. Application complete: 1-20-00 Amount: $ 350.00 Receipt #: 18141 • • • ',•NwAyron RM MEN W111eIM• • �• •••u • • • • •••a Comments received from: C -DE (A Co Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Stephen Betts Environmental Determination: State Clearinghouse No: tvl� _ZCategorical Exemption-CEQA# 3 Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: No Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: No 9. Clearinghouse circulation required: Yes Eo �L_ Date Sent to SCH: 10. Publication Notice Written: Display Ad. Prepared: 11. Notices Mailed: Number of Notices: lD 12. Newspaper Publication Date: i✓�f>+' _ _ O C P B 13. Planm� Action taken:�� Special Conditions: Commission Resolution No. �1 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Minor Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Minor Use Permit: 18. Assessor's Memo: 19. Copy of Minor Use Permit / Variance to Planning Technician: 00-179 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted - Minor Use Permit - Suzanne Jessen - appeal of the Planning Commission's denial of a Minor Use Permit to allow a large family day care facility for 12 or fewer children (item determined to be categorically exempt from environmental review) on property zoned A-10 (Agricultural - 10 acre parcels) and located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway in the Durham area, and identified as APN 040-150-026 - action requested: SUBJECT TO FINDING I AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, FIND THAT THE MINOR USE PERMIT FOR SUZANNE JESSEN FOR A LARGE FAMILY DAY CARE FACILITY FOR 12 OR FEWER CHILDREN, IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303 (CLASS 3); AND 2. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000, APPROVE THE MINOR USE PERMIT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-16-00/5.02) (1754) MOTION: SUBJECT TO FINDING I AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, I MOVE TO FIND THAT THE MINOR USE PERMIT FOR SUZANNE JESSEN, FOR A LARGE FAMILY DAY CARE FACILITY FOR 12 OR FEWER CHILDREN, IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303 (CLASS 3), AND SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000, FURTHER MOVE TO APPROVE THE MINOR USE PERMIT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried) SUPERVISOR BEELER PRESENT �" BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 30, 2000 00-162 Public Hearing - Minor Use Permit - Suzanne Jessen - consideration ,of an appeal of the Planning Commission's denial of a Minor Use Permit to allow a -large family day care facility for 12 or fewer children (item determined to be categorically exempt from environmental review) on property zoned A-10 (Agricultural - 10 acre parcels) and located on the west side of Esquon Road, approximately .41 miles north of Durham - Dayton Highway in the Durham area, and identified as APN 040-150-026 (SB [File # MUP 00-09]) - STAFF RECOMMENDS THE FOLLOWING TWO OPTIONS: SUBJECT TO FINDINGS I (A -D) AS DETAILED IN THE STAFF REPORT DATED MAY 16, 2000, DENY THE MINOR USE PERMIT; OR SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT; ADOPT A MOTION OF INTENT TO APPROVE THE PROJECT AND DIRECT STAFF TO PREPARE CATEGORICAL EXEMPTION FINDINGS, PROJECT APPROVAL FINDINGS, AND CONDITIONS OF APPROVAL. (**757) PUBLIC HEARING OPENED: 11:10 A.M. PUBLIC HEARING CLOSED: 11:18 A.M. MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE PROJECT AND DIRECT STAFF TO PREPARE CATEGORICAL EXEMPTION FINDINGS, PROJECT APPROVAL FINDINGS, AND CONDITIONS OF APPROVAL, WITH THE ADDITION OF A CONDITION OF APPROVAL WHICH WILL REQUIRE THE LARGE FAMILY DAY CARE FACILITY TO CLOSE DURING AGRICULTURAL SPRAYING EVENTS ON SURROUNDING PARCELS UPON NOTIFICATION BY THE AGRICULTURAL. OPERATORS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTESr-1VMAY`M,'2000" ` r } 1 Suzanne Thomas Jessen (Item determined to be Categorically Exempt from environmental review) and Minor Use Permit to allow a Large Family Day Care Facility for 12 or fewer children on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane, in the Durham Area. APN 040-150-026 (SB) (MUP 00-09) Mr. Betts gave a brief summary of the project. Commissioner Mooney was present at this time. He said staff is recommending denial. The project site is surrounded by orchards. He said a similar situation happened several years ago where staff recommend --d approval, the Planning Commission added a condition which required that the parents be notified of t --ie spraying operations. Commissioner Lambert asked if the previous permit was in a 40 acre zoning or on a 40 acre parcel? Mr. Betts said it was 40 acre zoning. The hearing was opened to the public. Suzanne Jessen said the other application was on a 10 acre parcel. She said she keeps the children indoors when there is spraying. She said the orchard calls and tells her when they are going to spray. She said most of the spraying is early morning or at night. She said she has had the small day care for 6 years. She said she wants to be legal with the overlapping children. She said her hours of operation are 7:00 a.m. to 6:0) p.m. She said in 1999 the orchard was sprayed 8 times, 5 times during a weekday; 1998 the orchard was sprayed 10 times, 6 times. during a weekday; 1997 the orchard was sprayed 7 times, 5 times during a weekday. , David Jessen said they have signed statements from the parents of the children. He said they have a good relationship with his neighbor. He discussed washing down the yard after the orchards have been sprayed_ Commissioner Cage asked where the runoff goes when he washes off the spray. Mr..Jessen said it goes down the driveway. He said some leaches into the lawn. He said he has had no problems in 6 years. Commissioner Mooney asked if the neighbors have commented on the requested increase in children? Mr. Jessen said no. The hearing was closed. Chairman Leland said there is a conflict between agriculture and residential uses. He said he went out to the property and he got the proximity between these structures and the orchards. This is a long skinny five acres and the buildings are concentrated in the middle. He said he was concerned that there is a risk having that residential use there, with the day care, right next to agricultural spraying. He said a heavy residential use is an impediment next to the orchards. Commissioner Lambert said she supports day care centers, but not in this area. She said it is unfortunate, in her view, that the State, not the County, approve the small day care centers and where they can be placed. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 23, 2000 ■ She said unfortunately the State does not need to consider the County General Plan and zoning concerns, in the agricultural areas, regarding setbacks from spraying. She said there are too many concerns to approve expanding this use and she would vote for denial. Commissioner Cage asked Mrs. Jessen about meeting the 300 foot buffer required in the Agricultural Element? Mrs. Jessen said she could not meet the buffer. Commissioner Cage said because the buffer could not be provided, she would vote against this. Commissioner Mooney said from 6 to 12 children is not a big change. He said the fact that the day care is there he would approve the permit. r `� It was moved by Chairman Leland, seconded by Commissioner Lambert, and carried to deny the Minor Use Permit for Suzanne Thomas Jessen for a large family daycare facility for 12 or fewer children, MUP 00-G'9, on APN 040-150-026, based on the following findings: A. The project will allow additional children on a parcel that is surrounded by working orchards. The agriculturaloperationsin these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. B. The project may prevent certain agricultural practices, such as the use of pesticides, burning, and the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is not consistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan, which states that the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agricultural. D. The project is not consistent with Program 2.2 of the Agricultural Element of the Butte County General Plan, which calls for a minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. AYES: Commissioners Cage and Lambert, and Chairman Leland NOES: Commissioner Mooney ABSENT: Commissioner Nelson ABSTAINED: No one ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 23, 2000 ■ BUTTE COUNTY PLANNING SERVICES MEETING MINUTES - MARCH 8, 2000 The meeting was called to order at 9:00 a. m. in the 7 County Center Drive Public Work's Conference Room, Oroville, CA. Present: Randy Wilson, Principal Planner Lynn Richardson, Secretary Stephen Betts, Associate Planner Mr. and Mrs. Jessen I. ITEM FOR CONSIDERATION Suzanne Thomas Jessen (Item determined to be Categorically Exempt from environmental review), Minor Use Permit to allow a Large Family Day Care Facility for 12 or fewer children on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane, in the Durham Area. APN 040-150-026 (SB) (MUP 00-09) Mr. Betts gave a brief summary of the project. He said the applicant is not interested in having 12 children, but wants to be legal due to children overlapping. He said there is no other large day care facilities are in the area. He said orchards surround the property. He noted the concerns in the letter received from the Agricultural Commissioner asking for denial. He said the main concern is the drift from the spraying of the orchards. He said in 1997 the Planning Commission approved a similar request, but added a condition requiring the parents to sign an acknowledgment of the orchard spraying and the dangers. Mr. Wilson asked how far from the orchards is the outside play area? Mr. Betts said approximately 40-50 feet. Mr. Wilson asked if there have been any reported concerns, even with the signed statements, that the parents might voice complaints to the orchards in case of illness? Mr. Betts said no. The hearing was opened to the public. Suzanne Jessen submitted signed releases from the parents of the children in her day care. She said she needs this permit because of children overlapping when they are being picked up and dropped off. She said there could be 8 to 10 children there at one time. She said the parents have not been concerned with the orchards. She said the children are kept indoors during spraying and she washes down the yard after the spraying before the children are allowed out. She said the Agricultural Commissioner did not object to the small day care facility, why is he objecting to the large day care? Mr. Wilson explained that the County does not regulate small day care facilities, but that large day care facilities are a discretionary act and require a permit. He said the safety of the children is an issue, and also the possibility of a complaint against the agricultural land owner around them. He ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - MARCH 8, 2000 0 PAGE 1 ■ explained the 300 foot buffer requirement in the existing Agricultural Element for new residential uses. Mrs. Jessen submitted a letter from the orchard owner stating they will have the applicator call before spraying. Mr. Wilson asked if she lets the children out right after she washes down the facility? Mrs. Jessen said the orchards do not usually spray when the children are there. She said they spray in the early morning or at night. She said the day care's hours of operation are 7:00 a.m. to 6:00 p.m. Mr. Wilson went over the process. He said his recommendation will go to the Planning Commission and will be placed on the Consent Agenda if the recommendation is for approval. He said if the recommendation is for denial this will be set for a public hearing. He said if the request is denied there is the opportunity to appeal that decision to the Board of Supervisors. He said the Agricultural Commissioner has raised concerns with the safety of the children. Mr. Jessen said he understands the concerns. He asked what more they could do to insure the safety of the'children and receive approval of this request? Mr. Wilson said he was not familiar with the chemicals used in the orchard spraying. He suggested that Mr. Jessen contact John Taylor of Ord Bend, Chemicals, Fertilizers, and Seeds to find out what chemicals are used, how harmful they are, and if washing down the yard is sufficient to protect the children. He encouraged the Jessens to get all the information they can before the Planning Commission meeting. The hearing was closed. Mr. Wilson said he was leaning towards a recommendation for denial Mrs. Jessen said the concern for the children should be between the parents and her. Mr. Wilson said one concern is if a child gets sick, the parents might take issue with the orchard owners and not her. He explained that there are two more opportunities to have this matter heard, at the Planning Commission meeting, and if that fails, an appeal to the Board of Supervisors can be filed. Mrs. Jessen asked if there would still be this concern if the children were hers?� Mr. Wilson said the Agricultural Element requires a 300 foot buffer from residential homes. He said her house pre -dates this Element. He said if the parcel was being proposed today, the subdivision would probably not be supported by staff. Mr. Wilson concurred with the staff recommendation to recommend denial to the Planning Commission for Suzanne Thomas Jessen for a Minor Use Permit to allow a Large Family Day Care Facility for 12 or fewer children on property zoned A-10, located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane, in the Durham Area. APN 040-150-026 (MUP 00-09) subject to the following findings: ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - MARCH 8, 2000 ■ PAGE 2 ■ I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental -Quality Act based on the following finding: A. The proposed conversion of the existing small family day care center into a large family day care center is only a minor change in the use of the existing dwelling unit. II. Recommend denial to the Planning Commission for a Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, based on the following findings: A. The project will allow additional children on a parcel that is surrounded by working orchards. The agricultural operations in these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. , B. The project may prevent certain agricultural practices, such as the use of pesticides, burning, and the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is not consistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan which states that the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agricultural. D. The project is not consistent with Program 2.2 of the Agricultural Element of the Butte County General Plan which calls for a - minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. II. . ADJOURNMENT The meeting was adjourned at 9:41 a.m. Randell Wilson Principal Planner cA %vpdocs\minutes\minor.min] ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - MARCH 8, 2000 ■ PAGE 3 ■ DEPARTMENT OF DEVELOPMENT SERVICES 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. ADDRESS: CITY, STATE dt ZIP CODE: FILE NUMB R: (FOR OFFIC USE'S i (o NAME OF PROPOSED PROJECT ( If any n h TELEPHONE mr a-SALL .e.. coLre (530) LOCATION �OF1 PROJECT ( Major cross streets and Add if any ) ( , (�,(_7 t<1r.Go.-. k — , I^�n,,nto .L_-1 k.�.w ��._I`4 L, OWNER'S NAME S -e 1 s P r� TELEPHONE (530) g9 = 8 a ADDRESS: CITY, STATE dt ZIP CODE: r e., f'-- s9-3 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE (in Square Feet or Amoss ) A-1® I orr s EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) 3 SFLD 0500, goo Sao /\/0 VC (Cheek One) (Cheek One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATE:2 G3PROPERTY IS OR PROPOSED TO BE ON SEPTIC ID-FfROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED a ❑ GENERAL PLAN AMENDMENT ❑ REZONE E3 USE PERMIT RECEIVE "OR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT JAN -I 0 2000 BUTTE COUNTY pLANNING DIVISION ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL. MAP ❑ BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ M24ING AND RECLAMATION PLAN ❑ OIC _ PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach nccqssary shits. If this application is for a land division , describe th number and size of parcels.) t.t ` y OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORI9Ffl AGENT OF THE OWNER OF Tiili ABOVE DESCRIBED PROPER -.'Y. FURTHER I ACKNOWLEDGE THE FMJNG OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE WFUP-MA170N ISS TRUE AND ACCURATE (if an agent is to 1x aurhatiro4 exceute an affidavit of &,-*bwiz,tiqdQd it►eltLcie theaSt ', with thia applicauu .! DATE: -- — O r7 SIGNATURE: (`�►� ��wv((�� a CLOG AGENT AUTHORIZATION Tp -Butte County,. ,Department of Development Services; Princ :lama of Arm and Phone 14umbar is hereby authorized to pros= this application for - on my property, identified as Butte County Assessors Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. aad 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 Sig awre Architect and/or Engineer. Print Name of AtcWUwTa&ea and P'Soae Nnmba �1a;ling Addrea FOR OFFICE USE ONLY Verify. Date received: Print N2= Sigsaaue '. . Total amount received: AP Number(s) Legal Description _Owners Authorization Zoning requirements Project Description Copies of plot plan Taken by_.,,_ Receipt No._ E.H. LD Plan__ FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is S as of Make check payable to "Butte County Treasurer". A r RECEIVED MINOR USE PERMIT Jp,N 0 2000 APPLICATION PACKET CHECKLIST LANNI G DIVISION P This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. ❑ A completed, signed, Uniform Application. If the application is signed by an agent for the property owner,. an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or legal agent. 2. aPayment of the currently required Application Fee and/or Deposit (Any unused portion of the deposit will be returned upon final action, if any remains). (Planner advises applicant) 3. Twenty (20) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" X 36". The finished plans shall be folded to 8.1/2" x 11". The detailed site plan must include: a. ❑' Name and address of Applicant, Engineer and/or Architect b. ❑� ❑ Property lines and lot dimensions c. Assessor Parcel Number(s) and the street address. d. IJ P- Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, landscaping, wells, septic tanks - % and leach fields). e. LTJ �- Proposed method of sewer and water connection or<alternative method of sewage disposal and potable water supply. f. ❑ 4- Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. g. E5 ❑- North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north"arrow preferably oriented.to the top of sheet. hAlllans must be clear and legible. P g IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 r , ' 4. C A vicinityma showing closest major cross streets zoning and existing land use. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the abo- e submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: —2� 1 A -44'e--- - Applicant/Represent ve Signature: ��.. Planning Receiving Application Date: Z. — 1 C) a Date: 'RECEIVED JAN 2 0 2000 BUTTE COUNTY PLANNING DIVISION IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 J 040-150-026 JESSEN DAVID P.O. BOX 1179 DURHAM, CA 95938 040-110-047 REDDING DAVID & MARJORIE 9751 ESQUON RD DURHAM, CA 95938 040-110-065 BERGER EDWARD 1521 MESA RD DURHAM, CA 95938 040-150-028 DUE JERRY & MAXINE 9508 ESQUON RD DURHAM, CA 95938 040-110-028 COMER 'AUBURN CLEO 9771 ESQUON RD DURHAM, CA 95938 040-110-043 POWELL CARLA P.O. BOX 734 DURHAM, CA 95938 040-110-048 JONES MICHAEL & TAMI 9731 ESQUON RD , DURHAM, CA 95938 040-150-014 SOUDERS FRANCES P.O. BOX 3152 CHICO, CA 95927 040-150-029 BOWERSOX DURAN & DEBRA 1541 KOYO LN DURHAM, CA 95938 040-150-114 LIU JEN & PAMELA 9576 FORMOSA WAY DURHAM, CA 95938 40 040-110-044 HANCOCK AMY 43 MORAGA DR CHICO, CA 95926 040-110-059 MILBERG KELLEY 9690 ESQUON RD DURHAM, CA 95938 040-150-027 MOHAMED BASHIRAN P.O. BOX 9 BUTTE CITY, CA 95920 040-150-112 BRADLEY LARRY & NANCY 9992 JONES AVE DURHAM, CA 95938 040-150-111 FRAME KENT & LINDA P.O. BOX 28291 FRESNO, CA 93729 I 0)90-- 1 lse)- Q>0- - �pLj 3 059 0 Ll O - 150 - D 1 C) Lt o, ��c �- ��lo �c mow c®x ji l i 1� f _ I f..•_.i� • 0 PROJECT REVIEW CHECKLIST Project Planners fill out this in-house checklist upon receipt of a new project. Proj ect Number: t\N o P op - 0 9 Project/Application Name: fie, ss e r\ Project Site Zoning: - O General Plan Designation: O T- C- APN: LY4 l U --CMZ Project Planner: �_� Date completed: is/ OCA Is the project located within any of the following areas? ❑ NortY-CMeo Specific Plan ❑ QtavtHTL iterprise Zone ❑ „ -'xrAZrtMr& CL(A: S: 100 Year Flood Plain Within FEMA Floodway �� ❑ Within DWR Floodway ❑ Dam Inundation Area ❑`�'-,.- ershed Protection Overlay Zone ❑ venue Specific Plan ❑ 0tieer-Aaea Greenline (Project in area where Greenline policies apply) ❑ Greater Chico Area Redevelopment Area ❑ Nit -ate -Action Plan Area ❑Asehaeoiogical Sensitive Area ❑ llaamdeus Site ❑ n cal of Sensitive Area ❑ ElLaqRing Areas ❑ Urban Reserve Durham -Dayton -Nelson Planning Area ❑ Paradise Urban Reserve ❑ 9F9viHe-2Axea Land Use Plan (Adopted 3/29/84) ❑ GroroiHe Urban Reserve ❑ C44ee-Area Land Use Plan (Adopted 3/18/90) ❑ G��rban Reserve ❑ .sidle Biggs Land Use Plan (Adopted 8/586) ❑ Gridiey-Urban Reserve ❑ lont Area ❑ Cel3asset Area ❑ Palo Area ❑ ChapmwYMulberry Planning Area (in process of adoption 9-14-99) ❑, 8 er eas ❑ Designated Development Zone ❑ Winter Range ❑ Critical Winter Range ❑ Summer Range ❑ Critical Summer Range ❑ Major Migration Corridor ❑ Intermediate Deer Range ❑ If Constrained, The Minimum Parcel Size Is acres. ❑ Q r rn .. ❑ A OF INFLUENCE ❑ Chico Municipal Airport Environs Plan ❑ Chico ❑ Paradise Skypark ❑ Paradise Skypark ❑ Ranchero ❑ Ranchero ❑ Oroville ❑ Oroville ❑ Airport Land Use Commission Review (ALUC) Required ❑ Urban Area (As defined in Improvement Standards for Chapter 20) ❑ Qity of ehiccn ❑ ❑ Gity-of@ridley ❑ ille ❑ nal Area ❑ Sphere of Influence ❑ Gity of G O ❑ C' y ❑ City o ro ille ❑ Ci ❑ Watershed Areas ❑ Butte Cree ❑ Cheroee ❑ 'c Big C Creek El'Wym vine Study Area ❑ Little 9kco Creek ❑ Ro C ek Study Area ❑ Sacralnento River Conservation (SB 1086) Essential Services ❑ a r istrict Weft(s) ❑ er istrict On-site Sewer If well and/or on-site sewage disposal, has Environmental Health determined the application filing requirements? ❑ Pre -application review complete N' Pre -application review not required ❑ Drainage District/CSA ❑ ire District Butte County ❑ El Medio Fire District +ed id-Road(s) FOR Permits required from other agencies Agency Special Review ❑ DcpaFWfter&of Water Resources (DWR) ❑ ❑ Off, of Fish and Game (DFG) ❑ ❑ ESS ❑ ❑ R4gienaFb'ater Quality Control Board ❑ ❑ Amps of Engineers ❑ gufte-Eounty Air Quality Control District Other 5+ctQ c btq i ccs Qffice of -Mine Reclamation Bepw=t of Fish and Game 446H-Qfvbi1e Home Parks) Other Comments:ySc.. in a-4 ?on �t-F1c'CA Zch.'_ Version: 9/28/99 CAMy DoCUmentsTRO1ECT REVIEW CHECKLIST.doc -�r_ 4,. . TO: APPENDIX A ��'O NOTICE OF EXEMPTION 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 00-09, Minor Use Permit Assessor's Parcel No.: 040-150=026 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Suzanne Thomas Jessen, P.O. Box 1179, Durham, CA 95938 Project Location -Specific: at 1662 Blaser Lane in the Durham area. Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to convert a small family daycare into a large family daycare, Name of Person or Agency Approving Project: Butte County Board of Supervisors 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: On single-family residence, or a second dwelling unit in a residential zone, in urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature75dndy Wilson Principal Planner j:\1inda\noe.nod\noe#3 IPDECLARATION OF FEES: DU (California Fish and Game Code Section 711.4) - NAME AND ADDRESS OF APPLICANT Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 FILING NO. Project Title/file number: CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee O 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). 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: June 2, 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. K:\PROJECTS\UPMUESSEN.MUP\NOE.WPD R• APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MUP 00-09, Minor Use Permit Assessor's Parcel No.: 040-150-026 NOV 2 9 20M Applicant: Suzanne Thomas Jessen, P.O. Box 1179, Durham, CA 95938 CANDERtK Project Location -Specific: at 1662 Blaser Lane in the Durham area. BY PUTT Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to convert a small family daycare into a large family daycare, Name of Person or Agency Approving Project: Butte County Board of Supervisors 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: On single-family residence, or a second dwelling unit in a residential zone, in urbanized. areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Stephen Betts Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, Vindy Wilson Principal Planner j:\linda\noe.nod\noe#3 IDECLARATION OF FEES-Do California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 FILING NO. Project Title/file number: 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 () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee () 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). 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Plannf Lead Agency: Butte C.o 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. K:\PROJECTS\UPMVESSEN.MUP\NOE.WPD �- �553� ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. ■ Attach this card to the back of the mailpiece, X or -on the front if space permits. 1. Article Addressed to: Suzanne Jessen P.O. Box 1179, Durham, CA 95938 14UP 00-09 by jPlease ,Print Clearly) I B. Date of ❑ Agent ❑ Addressee 1? ❑ Yes ❑ No to 3. Service TypNJ yy pre Q Certified Mail press Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7099 3400 0016 8126 2275 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M--0952 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF BUTTE DEPARTMENT Of DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965.3397 :�%Z Ilrlfrflrlfirlu�Ilrttlflfrtllrttllttt11f1lttllltfllntllllffi July 26, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 Re: Minor Use Permit, AP 040-150-026 Dear Ms. Jessen: 'gutt6 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 Enclosed is your validated Minor Use Permit No. MUP 00-09 to allow Minor.Use Permit to convert a small family daycare into a large family daycare,. 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, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry Ln ru ru Suzanne, Jessen ru 'Postage $. �J, yi �" Z � Certified F66 at; ..Postmark Retum Receipt F,ee, , , �j (Endorsement Required), r Here lCt^ Restricted Delivery Fee ,- / 2 6 C3 `(Endorsement Required) 1' -'� ' �' + �. OQ, :x,• M +' ;Total Postage &Fees $};.� " r^~ 3- -3- M --3-Rl Re tent s Name (Pleas uzanne Print. Clearly) (to 6e completed by mailer) M, •.essen .-,n NM 1 �' S�t�reetOApt. o or PO Box No. � -- --- - OX.,. On City Sta 117�e, ZlP+4, . - ;'• ,-, - Dur am, CA 95938` A MINOR USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS JUL 2 6 2000 DATE: (Certified Mail Receipt) MUP 00-09 PERMIT NO. 040-150-026 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Suzanne Thomas Jessen is hereby granted a Minor Use Permit in accordance with the application filed January 20, 2000, to allow a large family day care facility for 12 or fewer children. 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: The large day care facility shall be closed during agricultural spraying events on surrounding parcels upon notice by the agricultural operators. . The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the residence. 3. A minimum of four (4) off-street parking spaces shall be provided, consisting of: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee. The two (2) required residential spaces may not be used for employees. (c) One (1) off-street parking space/loading area. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be .placed in the front yard building setback. .5. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. 7. Prior to issuance of the Minor Use Permit the large day care facility shall be inspected by the Butte County Fire Department/CDF to meet minimum fire code requirements. 8. The septic system shall be maintained in a manner that complies with the Butte County Sewage Ordinance. 9. Prior to issuance of the Minor Use Permit, the Butte County Environmental Health Department shall sample the well and clear it for use by the large family day care facility. 10. Building permits may be required for the change of occupancy. Applicant shall contact the Building Division to determine the need for building permits. Prior to issuance of the Minor Use Permit, obtain any required building permits from the Building Division. E 11. 11. Applicant shall also comply with all other applicable federal, state and local statutes, ordinances, and regulations. cc: Building Division Environmental Health Division Butte County Fire Department/CDF Agricultural Commissioner utte County Board of Supervisors 3 APPROVED Development Plan DATE :5-1-24 Z'02 USE PERMIT VARIANCE - MINOR U.P. ZADM.PERMIT�_ • �'��" tj DIRECTOR OF D DEVELOPMENT SERVICES 5.22 Ar - Fl -0-1 Farce: $laser Lane Pvt PP 1020 a PP . 1 J � w 0 N 2nnYlP_ T Jessen �' o 1662 Rlo�ser Lame• D r h a m 4.593 8 0 -�a�c.�e`.I '.` --•Q YQ__J._ri2..—sz2.�_=Qom.--- � 1 � PP e :j[ iTL C,")T N Y' r' A!N-'-�itiTi M iSii.`N wall !-� .- moi• Exist. ' -i �` ! ♦ 1 r ♦ ` $t1G � ' O O 1 Bern Uow �-41 Aw — . —_ r" h M�(Y► ' APPROVED Development Plan DATE :5-1-24 Z'02 USE PERMIT VARIANCE - MINOR U.P. ZADM.PERMIT�_ • �'��" tj DIRECTOR OF D DEVELOPMENT SERVICES 5.22 Ar - Fl -0-1 Farce: $laser Lane Pvt PP 1020 a PP . 1 J � w 0 N 2nnYlP_ T Jessen �' o 1662 Rlo�ser Lame• D r h a m 4.593 8 0 -�a�c.�e`.I '.` --•Q YQ__J._ri2..—sz2.�_=Qom.--- � 1 � PP e :j[ iTL C,")T N Y' r' A!N-'-�itiTi M iSii.`N MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Suzanne Thomas Jessen, MUP 00-09 DATE: July 26, 2000 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 040-150- 026, was: Rezone from to zoning district. Granted a variance to J X- Issued a conditional Minor Use Permit to convert a small family daycare into a large family daycare„ at 1662 Blaser Lane in the Durham area.,A-10 ( Agricultural, 10 acre Parcel) jAtemp\assessor • ' Wilson, Randy From: Vieira, Mike Sent: Friday, July 21, 2000 11:46 AM To: Wilson, Randy Subject: Jessen MUP 00-09 It is my understanding that no building, plumbing, mechanical, or electrical modifications were made to the structure to accomodate the change in licensing to a large family (14 ambulatory residents) day care facility. I also further understand that Butte County Fire Department has provided fire clearance for the facility. The Building Division will have no further requirements if these conditions are accurately stated. Michael C. Vieira RECEIVED 2.6 23D BUTTE COUNTY PLANNING DIVISION 1 FROM : GRMA'SUE'S FAX NO. : 530 891 1739 Jul. 19 2000 09:42AM P1 LATE : I- (,AUFURNIA 3. CAPACITY CHANGE NAME AND COMMUNI'T'Y CARE LICENSING 'IRE SAFETY INSPECTION REQUEST 810 PCCH 520 COHASSET ROAD, SUITE 6 4. OWNERSHIP CHANGE ADDRESS CHICO, CA 95926 See instructions on reverse. :o.esolaEv.+o sAj 1 TELEPHONE NUMBER NEOUEST GATE PROGRAM 7. OTHER 3ENCY CONTACTS NAME DSStC04.�' MUNTTY CARE LICENSING ( 530 ) g95"SU33 01/i4/00 REQUESTING AGENCY FACILITY NUMBER REQUEST CODE jAWATOWSNAME )Iol/PAMALA SEXTON 045400038 _ - 3A - CODES. _. i. ORIGINAL A. FIRE CLEARMCE APACITY NONAMOULATORY CAPACITY ;' PREVIOUS 2 14 G 0 0 �0 OCtUTYNAME JESSEN, SUZANNE FAMILY DAY CARE TREETADDRESS (AMXL=N.-) 1662 BLASER LANE TY DURHAM >Gl1TY CONTACT PERSON'S NAME SUZANNE JESSEN (530) 891-6827 PECIALCONDRIONS FIRE ' 2. RENEWAL 9. LIFE SAFEiY LICENSING AGENCY DEPARTMENT OF SOCIAL SZrRVICES 3. CAPACITY CHANGE NAME AND COMMUNI'T'Y CARE LICENSING 810 PCCH 520 COHASSET ROAD, SUITE 6 4. OWNERSHIP CHANGE ADDRESS CHICO, CA 95926 S. ADDRESS CHANGE S. NAME CHANGE —� HOURS 7. OTHER APACITY NONAMOULATORY CAPACITY ;' PREVIOUS 2 14 G 0 0 �0 OCtUTYNAME JESSEN, SUZANNE FAMILY DAY CARE TREETADDRESS (AMXL=N.-) 1662 BLASER LANE TY DURHAM >Gl1TY CONTACT PERSON'S NAME SUZANNE JESSEN (530) 891-6827 PECIALCONDRIONS FIRE TED CRAWFORD WTHORITY BUTTE COUNTY FIRE DEPARTMENT NAME AND 176 NELSON AVENUE ADDRESS OROVILLE, CA 95965 1SPECTOR'S NAME (4rado,P1vjm0 INSPECTORS C IDDEN TOTAL CAPAG{TY 7 PREVIOUSCAPACITY U 14 UCENSE CATEGORY 810 PCCH NUMEIEA OF BUILDINGS RESTRAINT NONE —� HOURS M -F 6:00 AM - 6:00 PM TELEPHONENUMBER CFIRS NUMSER OCCUPANCY CLASS XPLAINDENIAL OR USTSPECIAL CONDITIONS tP&Lk+t. A.5 so 8 ,S 4. 'm G��'✓ Y'7 LIiS is CODE 1. FIRE CLEARANCE GRANTEt 2. FIRE CLEARANCE DENIEO A. EXITS 0. CONSTRUCTION C. FIRE ALARM 0. SPRINKLERS E. HOUSEKEEPING F. SPECIAL HAZARD G. OTHER RECEIVED PLANNING DIVISION FROM": GRMA'SUE'S, FAX NO. : 530 891 1739 Jul. 19 2000 04:11PM P1 BUTTE COUNTY FIRE DEPARTMENT � 116 NELSON AVENUE Iq{f f'F (;ALIFUMNIA OROVILLE. CA 95965 .. :IRE SAFETY INSPECTION REQUEST See instructions on reverse. 'DA60(REv.10.94) 3ENCYCONTACTS NAME i TELEPHONENUMBER REOUESTDATE PROGRAM )SS;o3M, M(3N1TY CARE LICENSING { 530 ) 895-5031 01l14/00 � ZATCA'SNAME REQUESTINGAGENCY FACILITY NUMBER REQUEST CODE )101/PAMALA SEXTON 045400038 - - - 3A CODES 1. ORIGINAL A. FIRE CLEARANCE LICENSING 2. RENEWAL B. LIFE SAFETY AGENCY DEPARTMENT OF SOCIAL SERVICES NAME AND COMMUNITY CARE LICENSING 3. CAPACITY CHANGE ADDRESS 520 COHASSET ROAD, SUITE 6 Q. OWNERSHIP CHANGE CHICO, CA 95926 5. ADDRESS CHANGE 6. NAME CHANGE 7. OTHER APACITY 14 . 6 1 U %C{UTYNAME fESSEN, SUZANNE FAMILY DAY CARE TREETADDRESS (ACIUAILX890y IAA) Al AQPR1_AT4F N DURHAM WIUTV CONTACTPEASWS NAME SUZANNE JESSEN (530) 891-6827 PECIALCONDITIONS 8_10 FCCH _ NUMBER OF BUILDINGS ¢#,"O'IvA!xEjrED�BY I(TX FIRE I TED CRAWFORD WTHORITY BUTTE COUNTY FIRE DEPARTMENT NAME AND 116 NELSON AVENUE ADDRESS OROVILLE. CA 95965 ISPECTORS NAME (TypeOorPI&Wd) TELEPHONE NUMBER ISP E TE INSPECTOR'11,21 t S 31GjgA E( OrP�tnte XPL.A. I ORLISTSPECIALCONOI110NS PSL . C '-j CFIRS NUMBeR OCCUPANCY CLASS --?77 A?, -3 A-, C&as A-5 71W,. C-6 ---,/ 7y UZ6 /44*7 RESTRAINT NONE HOURS M -F 6:00 AM - 6:00 PM t. FIRE CLEARANCE GRANTED 2. FIRE CLEARANCE DENIED, A. EXITS 6. CONSTRUCTION C. FIRE ALARM D. SPRINKLERS E. HOUSEKEEPING F. SPECIAL HAZARD G. OTHER K /os (jDjT--y ate) LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-339.. TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 June 2, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 Re: Minor Use Permit, APN 040-150-026, File MUP 00-09 Dear Ms. Jessen: At the regular meetin.g.of the Butte County Board of Supervisors held May 30, 2000, your appeal'was upheld and a Minor Use Permit was approved for a -Large Day Care located at 1662 Blaser Lane in the Durham area. A Notice of Exemption (NOE) should be filed for purpose of completing the California Environmental Quality Act requirements. The fee for filing the NOE is a $25.00 document handling fee. A check made payable to the Butte County Treasure in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by State or Federal law, such shorter time limit shall apply.. Should you have any questions regarding this matter, please contact Stephen Betts at the Planning Division between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner /Ir BUTTE COUNTY MEMORANDUM CHICO ENVIRONMENTAL HEALTH TO: Steve Betts FROM: Tom Loushine '-e6"" SUBJECT: Minor Use Permit, Large Family Day Care, 1662 Blaser Lane, Chico; APN 040-150-026 DATE: May 31, 2000 Environmental Health Condition (2) has been satisfied. Potable water is provided. Sample test results indicated absence of coliform. TL/dd/land/1662blaser cc Suzanne Jessen %%. jr BID JUN 0 `g 1000 BTJPL NNING DIVN jY ON Enviranmentai Heann Butte County Department of Public Health _ MAY, — W E R EXAMINATION Purveyor and Address Chico, Calitomia Sampling Point Source ora Collected J Date and Hour Collected �_ Bottle Cap Number ANALYSIS DESIRED Drinking Water ❑ Sewage Raw Surface TYPE OF (Any Sources Water El Coliform J Fecal Coliform SAMPLE: ❑ SPC Colilert ❑ Other (Specify) RESULTS Remarks: REPORT TO: CC: CU COLI FORM/ 100ml /7�e►C� MPN-"LLLL�SS= MF FECAL COLIFORM/100ml ❑ MP ❑ Mr':::� SPC/ml C12 RES.- Analyst at 35C mg/liter ^� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health. Chico FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Suzanne Thoo'rlas Je n, MU—P0000-09 DATE: January 20, 2000 CONTACT PERSON: STIP V E e t T 1 S SMPO IWENTAL le JA N 2 11000 Chico, CalNomla 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 a Minor Use Permit to allow a large family daycare on property zoned A-10 ( A,gricultunfl 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN 040-150-026. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 30, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 3, 2000. IJ no comments or communications are received by the above date, the assumption will be made that tour agency has no comment. COMMENTS (Attach additional pages if necessary): A J i t 91 - 2727 Ckico l-. HD - 7 County Center Drive - Oroville. California 95065 - X10-538-7601 - FAX � 10-51S-775` 343- j �96 - (\AaActrc% BUTy' ' TE COUNTY � � CLERK OF THE BOARD USE ONLY MEETING DATE: BOARD OF SUPERVISORS AGENDA TRANSMITTAL AGENDA ITEM: AGENDATITLE: Suzanne Jessen appeal of denial of a Minor Use Permit DEPARTMENT: DDS, Planning DATE: 5/17/00 MEETING DATE REQUESTED: 5/30/00 CONTACT: Stephen 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 No Describe:—MPmn nom.. dine SPECS{L INSTRUCTIONS TO CLERIP Number of originals required to be returned to Department: "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 Infonnation Only, BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget unit Number: ) (Fund Name: ) (Fund Number: ) Additional Requested $ Source of Additional Funds Requested 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 $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Transfer Request: AMOUNT Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) From Transfer = (No Cents) From Transfer $ (No Cents) From Transfer S (No Cents) From LINE ITEM To To To To LINE ITEM • a-: AAA Suzanne Jessen, Minor Use Permit for Suzanne Jessen, File # MUP 00-09 (Appeal 00-09), APN 040- 150-026. On May, 16, 2000, the Board of Supervisors considered an appeal of a Planning Commission decision to deny a Minor Use Permit for Suzanne Jessen for a large day care facility. The Board made a motion of intent to approve the Minor Use Permit, adding a condition that requires the large day care facility to close when agricultural spraying activities occur on the adjacent parcels upon notification by the agricultural operators. Staff has prepared the following findings and conditions for project approval of the Minor Use Permit. I. Find that the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 15303 (Class 3) of the CEQA. A Class 3 exemption consists of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. No major exterior modifications will occur as a result of this project. Section 15300.2(a) further allows for a Class 3 exemption upon consideration of where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the project site. II. Approve the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, 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: 1. Project conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-265 (E) "Standards and Conditions" for large family day care facilities of the Butte County Zoning Code, the Butte County Environmental Health Department and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops and zoned A-10. The Orchard and Field Crops land use designation allows group quarters and care homes as Secondary Uses. The A-10 zone allows large family day care facilities 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: • E 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures or major exterior alterations to any existing structures. 2. The availability of public facilities, services and utilities: The large day care facility will not create a need for new public facilities, services and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The Environmental Health Department requires that the existing septic system be maintained in a manner that complies with the Butte County Sewage Ordinance. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The large day care facility may lead to a minor increase in noise levels due to children playing outside, and due to the increase in vehicle traffic, but this will not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase . vehicle traffic in the area nor will it create any vehicle circulation impacts. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County Agencies and has received no evidence that the use will cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. E. A condition of project approval requires the applicant to close the large day care during agricultural spraying activities on adjacent parcels upon notification by the agricultural operators. . . Conditions of Approval: The large day care facility shall be closed during agricultural spraying events on surrounding parcels upon notice by the agricultural operators. 2. The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the residence. 3. A minimum of four (4) off-street parking spaces shall be provided, consisting of: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee. The two (2) required residential spaces may not be used for employees. (c) One (1) off-street parking space/loading area. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. 5. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. 7. Prior to issuance of the Minor Use Permit the large day care facility shall be inspected by the Butte County Fire Department/CDF -to meet minimum fire code requirements. 8. The septic system shall be maintained in a manner that complies with the Butte County Sewage Ordinance. 9. Prior to issuance of the Minor Use Permit, the Butte County Environmental Health Department shall sample the well and clear it for use by the large family day care facility. Building Division 10. Building permits may be required for the change of occupancy. Applicant shall contact the Building Division to determine the need for building permits. Prior to issuance of the Minor Use Permit, obtain any required building permits from the Building Division. Other 11. Applicant shall also comply with all other applicable federal, state and local statutes, ordinances, and regulations. A I MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Board of Supervisors From: Planning Division Subject: Minor Use Permit for Suzanne Jessen, File # MUP 00-09 (Appeal 00-09), APN 040- 150-026 Date: May 30, 2000 On May, 16, 2000, the Board of Supervisors considered an appeal of a Planning Commission decision to deny a Minor Use Permit for Suzanne Jessen for a large day care facility. The Board made a motion of intent to approve the Minor Use Permit, adding a condition that requires the large day care facility to close when agricultural spraying activities occur on the adjacent parcels upon notification by the agricultural operators. Staff has prepared the following findings and conditions for project approval of the Minor Use Permit. Staff recommends that the Board take the following action: I. Find that the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) under Section 1.5303 (Class 3) of the CEQA. A Class 3 exemption consists of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. No major exterior modifications will occur as a result of this project. Section 15300.2(a) further allows for a Class 3 exemption upon consideration of where the project is located. It states that a project that is ordinarily insignificant in its impact to the environment may in a particularly sensitive environment be significant. There are no environmentally sensitive areas on the project site. II. Approve the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, 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 24-265 (E) "Standards and Conditions" for large family day care facilities of the Butte County Zoning Code, the Butte County Environmental Health Department and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops and zoned A-10. The Orchard and Field Crops land use designation allows group quarters and care homes as Secondary Uses. The A-10 zone allows large family day care facilities 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 large family day care facility will not create a need for any new structures or major exterior alterations to any existing structures. 2. . The availability of public facilities, services and utilities: The large day care facility will not create a need for new public facilities, services and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The Environmental Health Department requires that the existing septic system be maintained in a manner that complies with the Butte . County Sewage Ordinance. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The large day care facility may lead to a minor increase in noise levels due to children playing outside, and due to the increase in vehicle traffic, but this will not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area nor will it create any vehicle circulation impacts. 2 The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County Agencies and has received no evidence that the use will cause any. other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. E. A condition of project approval requires the applicant to close the large day care during agricultural spraying activities on adjacent parcels upon notification by the agricultural operators. K:\PROJECTS\UPM V ESS EN. M UP\BOS. M EM EXHIBIT A MINOR USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Receipt) MUP 00-09 PERMIT NO. 040-150-026 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Suzanne Thomas Jessen is hereby granted a Minor Use Permit in accordance with the application filed January 20, 2000, to allow a large family day care facility for 12 or fewer children. 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. 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: M • The large day care facility shall be closed during agricultural spraying events on surrounding parcels upon notice by the agricultural operators. 2. The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the residence. A minimum of four (4) off-street parking spaces shall be provided, consisting of: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee. The two (2) required residential spaces may not be used for employees. (c) One (1) off-street parking space/loading area. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm,. fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. 7. Prior to issuance of the Minor Use Permit the large day care facility shall be inspected by the Butte County Fire Department/CDF to meet minimum fire code requirements. The septic system shall be maintained in a manner that complies with the Butte County Sewage Ordinance. 9. Prior to issuance of the Minor Use Permit, the Butte County Environmental Health Department shall sample the well and clear it for use by the large family day care facility. 10. Building permits may be required for the change of occupancy. Applicant shall contact the Building Division to determine the need for building permits. Prior to issuance of the Minor Use Permit, obtain any required building permits from the Building Division. I 11. Applicant shall also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE: Issuan6e of this permit does not waive the requirement of obtaining Building Division and Envirom-nental Health Division s befQ e-stxti,-te co-cOuiction.,.tor does it wa* Chair, Butte County'Board of Supervisors cc: Building Division Environmental Health Division Butte County Fire Department/CDF Agricultural Commissioner 2 SIUTTEZ;OUNTY. BOARD OF SUPERVISAS CLERK OF THE BOARD USE ONLY MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM:. AGENDATITLE: 'Suzanne Jessen - Appeal of Planning Commission Denial - MUP 00-09 DEPARTMENT: DDS, Planning Div. DATE: 4/26/00 MEETING DATE REQUESTED: 5/16/OC CONTACT: Stephen 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 Boa[d Action Qate: Additional Information Attached: Yes X No Packets Describe: nov. uav SPE AL INSTRUCTIONS TO CLE Number of originals required to be returned to Department: "*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 Estimated Cost $ Amount Budgeted $ (Budget unit Number: ) (Fund Name: ) (Fund Number: ) IAdditional Requested $ Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: _ ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day RdE to normal agenda deadline Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature ITransfer Request: AMOUNT Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From LINE ITEM To To To Transfer $ (No Cents) From To LINE ITEM SUMMARY: Suzanne Jessen, (Item determined to be Categorically Exempt from environmental review) and appeal of a Planning Commission denial of a Minor Use Permit application for a large day care facility on property zoned A-10 (Agricultural, 10 -acre minimum parcel size). The property is located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton area. ACTIONS FOR CONSIDERATION I. Deny the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for twelve (12) or fewer children, MUP 00-09, on APN 040-150-026, based on the following findings: A. The project will allow additional children on a parcel that is surrounded by working orchards. The agricultural operations in these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. B. The project may.prevent certain agricultural practices, such as the use of pesticides, burning, and the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is inconsistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan which states that the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. D. The project is inconsistent with Policy 2.3 of the Butte County General Plan Agricultural Element that states development be required to provide land use transitions, setbacks, and buffers between urban development and agricultural interface to reduce interference and conflict. Program 2.2 of the Agricultural Element of the Butte County General Plan calls for a minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. M II. Motion of Intent to aprove the project and direct staff to prepare Categorical Exemption findings, project approval findings, and conditions of approval. K:\PROJEC"I'S\UPMUESSEN.MUP\AGENDA.ITM Board Agenda Item Form Board Agenda Report TABLE OF CONTENTS Attachment A: Zoning/General Plan Map Attachment B: Letter of Appeal, April 3, 2000, with attachments Attachment C: March 23, 2000, Planning Commission Agenda Report and Minutes - Attachment D: March 8, 2000, Planning Services Meeting Agenda Report and Minutes Attachment E: Site Plan PAGE L 2 23 32 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - May 16, 2000 Appellant/ Applicant Suzanne Jessen File #: APL 00-09 (MUP 00-09) Request: Appeal of a Planning Commission denial of a Minor Use Permit application for a large day care facility G.P.: Orchard and Field Crops Zoning: A-10 (Agricultural, 10 -acre minimum parcel size) APN: 040-150-026 Location: On the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane in the Durham area. STAFF COMMENT Parcel Size: 5:22 acres Zone Date: July 26, 1977 Supervisorial District: 4 Project Planner: Stephen Betts Senior Planner Attachments: A. Zoning/General Plan Map B. Letter of Appeal, April 3, 2000, with attachments C. March 23, 2000, Planning Commission Agenda Report and Minutes D. March 8, 2000, Planning Services Meeting 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. ANALYSIS On March 8, 2000, a Planning Services Meeting was held on a Minor Use Permit application for a large day care facility for Suzanne Jessen. The Planning Manager recommended that the Planning Commission deny the project based upon concerns about exposing additional children on the project site to agricultural impacts, primarily from exposure to chemicals. The Agricultural Commissioner was present at the Planning Services Meeting and recommended that the project be denied. The Planning Commission held a public hearing on the project on March 23, 2000, and voted 3-1 to deny the project based upon the findings contained in the agenda report. Ar Butte County Department of Development Services AFAgenda Report x Pagel ir The applicant/appellant argues that the proposed large day care facility will not result in any impacts to the children attending her day care facility. She states that she requires the large day care facility to accommodate potential overlap times of the children, and will not necessarily have twelve children on the property at any one time. The appellant further states that she has contacted all the local farm owners/operators near her property regarding her project. The operators indicated that they have not experienced any impacts from her existing small day care facility and they believe that the proposed large day care facility will not create any impacts on their agricultural operations. The appellant states that the proposed large day care facility is consistent with Policy 3.5 of the Butte County General Plan Agricultural Element, which states that the primary purpose of the Orchard and Field Crops General Plan land use category shall be for agricultural production, related processing, and services in support of agriculture. The appellant argues that the proposed large day care facility is an essential service to the farming community. She notes that there are only three licensed day care facilities in the Durham area. The appellant discusses the issue of the County's desire to establish a 300 -foot buffer between agricultural uses and non-agricultural uses. Policy 2.3 of the Butte County General Plan Agricultural Element states that development be required to provide land use transitions, setbacks, and buffers between urban development and agricultural interface to reduce interference and conflict. Program 2.2 of the Butte County General Plan Agricultural Element states that the Zoning Ordinance shall require that a buffer be established on property proposed for residential development in order to protect existing agricultural uses from incompatible use conflicts, with the desired standard being 300 feet. Program 2.2 has not been formally implemented by inclusion into County Code. However, the Development Review Committee and Planning Commission have conditioned other discretionary projects, primarily parcel maps, to provide for a buffer between agricultural uses and non-agricultural uses to prevent land use conflicts. Staff reviewed use permit projects dating back to the approval of the Land Use Element in 1995, and found two use permits that were conditioned to require a 300 -foot setback from an adjacent agricultural use. In her appeal letter, the applicant points out that when spraying occurs she keeps the children indoors and all toys are brought inside. She has also had the parents of the children attending her day care facility sign a form acknowledging that spraying operations could occur nearby. ACTIONS FOR CONSIDERATION Staff recommends that the Board of Supervisors take the actions as listed below. Should the Board uphold the appeal and approve the Minor Use Permit, staff recommends that the project be continued closed in order to prepare the appropriate conditions of project approval. I. Deny the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for twelve (12) or fewer children, MUP 00-09, on APN 040-150-026, based on the following findings: Ar Butte County Department of Development Services ArAgenda Report Ar Page 2 w j X41 A. The project will allow additional children on a parcel that is surrounded by working orchards. The agricultural operations in these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. B. The project may prevent certain agricultural practices, such as the use of pesticides, burning, and.the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is inconsistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan which states that the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agriculture. ' D. The project is inconsistent with Policy 2.3 of the Butte County General Plan Agricultural Element that states development be required to provide land use transitions, setbacks, and buffers between urban development and agricultural interface to reduce interference and conflict. Program 2.2 of the Agricultural Element of the Butte County General Plan calls for a minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. K' II. Motion of Intent to aprove the project and direct staff to prepare Categorical Exemption findings, project approval findings, and conditions of approval. KAP ROJECTS\UPM\JESS ENA UP\BOS.RPT Ar Butte County Department of Development Services ArAgenda Report s Page 3 ir June 2, 2000 Dona Watters Community Care Licensing 520 Cohasset Road Chico, CA 95926 ....... ,aHe Count LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit for a Large Day Care Facility for Suzanne Jessen, 1662 Blaser Lane, Durham, CA Dear Ms. Watters: , On May 30; 2000, the Butte County Board of Supervisors approved a Minor Use Permit for a large day care facility for Suzanne Jessen at 1662 Blaser Lane, Durham, CA. The Minor Use Permit must be signed by the Chair of the Board of Supervisors, which could take up to two weeks to be accomplished. The County cannot issue the Minor Use Permit until that time. However, there are no conditions of the project that prevent your agency from issuing the necessary permits. A copy of the approved, but -unsigned, Minor Use Permit is attached. A signed copy will be forwarded to your office once it is available. 1 Should you have any further questions, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Senior Planner enc: Minor Use Permit May 17, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: At the regular meeting of the Butte County Board of Supervisors held May 16, 2000, the public hearing was continued closed to May 30, 2000, with a Motion of Intent to approve your application for a Minor Use Permit to convert a small family day care into a large family day care,. This meeting will be held in the Board of Supervisors' Room, 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 Services Assistant Ar kA fo rm sko n ti n ue. frm �9oQ'a�p9. JANE DOLAN BOARD OF SUPERVISORS Second District, Chair ADMINISTRATION CENTER R. J. BEELER co;;irc;� 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 First District TELEPHONE: (916) 538-7224 MARY ANNE HOUX Third District CURT JOSIASSEN Fourth. District FRED C. DAVIS Fifth District April 17, 2000 Suzanne Thomas Jessen 1662 Blaser Lane Durham, CA 95938 RE: Public Hearing Notice - Use Permit Appeal Dear Ms. Jessen: On April 7, 2000, you were notified that the Board of Supervisors had set a public hearing on the above referenced matter for May 9, 2000, at 10:30 a.m. Subsequent to that notice, the Board of Supervisors directed that a Board meeting calendar change for the month of May be considered. At the meeting of April 25, 2000, the Board will consider rescheduling the_ meeting dates in May from the 91h and 23`d to the 16" and the 30`h. It is anticipated the change will be approved. Should the Board take this action, your hearing date will be moved from May 9, 2000, at 10:30 a.m. to May 16, 2000, at 10:30 a.m. I will contact you again after the meeting of April 25 to confirm the Board's actions and your hearing time. I apologize for any inconvenience this change may cause you. Should you have any questions, please do not hesitate to contact me at 538-7643. Sincerely, anon Reeves Assistant Clerk of the Board /mr ✓cc: Development Services RECEIVED APR 18 2000 BUTTE COUNTY PLANNING DIVISION April 3, 2000 Clerk of the Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 NOTICE OF APPEAL RECEIVED APR 0 6 2000 BUTTE COUNTY PLANNING DIVISION HAND -DELIVERED Re: Family Day Care Licensing Permit / Suzanne Thomas Jessen; Appeal from Decision of Butte County Planning Dept. re Minor Use Permit; AP 040-150-026, MUP 00-09 To Whom It May Concern: I am hereby appealing the decision rendered by the Butte County Planning Dept., as referenced above, wherein they have denied my request for a "Minor Use Permit to convert a small family day care into a large family day care". This denial was due to staff recommendation based upon potential impacts to the children and the agricultural operations on the surrounding parcels. This decision did not take into consideration the following facts and precedents. Based on the "Actions for Consideration" of the Planning Dept., I make the following rebuttals: I(A). "The project will allow additional children on a parcel that is surrounded by working orchards....." My day care facility already consists of 14 children, who although are not all present at the same time, do come and go at different times of the day and week; I simply want to expand my license to accommodate the potential overlap times of the children; I(B). "The project may prevent certain agricultural practices,... due to concerns about harming the children .... (m)ay have a significant impact on surrounding orchards to remain viable." I have contacted all local farming owners/operators, who have felt no impact, either in the past or impending, regarding my facility conflicting with the spraying of their orchards. They have signed letters on my behalf, previously submitted, and resubmitted herewith. They realize the necessity of the service I provide to our community, and see no threat • BOARD OF SORVISORS • to their farming operations. We have already set a precedent of cooperation, as is concurrently recommended in the Planning Department's "Alternative Actions for Consideration". I have practiced at all times all the guidelines as listed in the Planning Department's recommendations when they APPROVED the, application for William and Peggy Reeds' day care facility in Live Oak, which is situated in (the licensees actually.have 10 acres which consists of orchards), and surrounded by actively sprayed orchards. Additionally, I question how many day care facilities, schools, pre-schools, etc., operate in Butte County within a one -mile radius of agricultural aerial spraying? It is a scientifically proven fact (see cotton growers vs. rice growers litigation in northern Sacramento Valley) that there is a possibility of one -mile drift when aerial spraying takes place. How many of these other County -licensed facilities are within a one -mile radius of spraying? Besides the precautions I have always practiced, the majority of the spraying for the almond trees'surrounding my property is virtually entirely by ground apalication. Most local spraying is during "off -hours", i.e., evenings and weekends. I(C). The project is not consistent with Policy 3.5 ... which states that the primary purpose of ... land use category shall be for ... services in support of agricultural (sic)." I refute the finding that my facility does not support the agricultural element in this community. 1 am one of only three licensed day care facilities in the Durham area, providing an essential service to this farming community. Many of my "children", both in the past and present, were and are from families directly connected to our agricultural element. My facility is actually sought after by parents striving for their children to be and stay in a "country element," consistent with their way of life. t(D). The project is not consistent with Program 2.2 ... which calls for a minimum 300 -foot buffer to protect existing agricultural uses from incompatible uses." Where is the consistency in licensing approvals pertinent. to this code? I submit that: In addition to the fact that my day care facility has been licensed for six years, In addition to raising my six children, and the now present grandchildren within the "300 foot buffer", In addition to all of my precautions taken, above those recommended by the Planning Department when they approved other like facilities operating in orchard or agricultural settings; and, In addition to the existence of all the above without any instance of incompatibility regarding spraying or any other agricultural practices... BOARD OF SUPERVISORS What does the County plan to do regarding all the other like facilities, schools, Durham Park, pre-schools, residential housing, etc., etc., regarding this 300 -foot buffer? This has not been applied to these existing facilities. What is the standing rule for consistency in applying this rule? Why choose to apply this rule to my facility when I am not "starting up" or licensing a new operation? My day care is and was already in existence. Do you plan to apply this to all previously existing facilities with children? I request you take into consideration that mine is a facility which is already in existence, has been for over 6 years, well established, and certainly not making any kind of instrumental changes. I FURTHER SUBMIT THE FOLLOWING: The Planning Department prepared in their denial an "Alternative Actions for Consideration plan. If they had taken the time to research the facts before making a decision of this importance, they would have discovered that I do and always have practiced all their recommendations in accordance with approval of this permit application. In addition to their recommendations, 1 have practiced the following additional procedures, above and beyond the requirements of the Planning Department when they have approved like applications for day care facilities: Posted notices and consent forms as a pre -requisite to enrollment (copies submitted herewith); 2. Obtained statements from parents acknowledging co -existence of agricultural practices (copies submitted herewith); 3. All children in my facility have always been kept indoors when spraying is taking place; 4. All toys in my facility will be kept indoors when spraying is taking place; S. Are you proposing that Durham farming families take their children to Chico or Richvale area facilities, where there is current agricultural spraying in existence? 6. I reiterate that at least one of the approved applications for day care expansion was for a facility that actually co -exists IN an operational, sprayed orchard! BOARD OF SUPgVISORS 7. The Planning Department posed the possibility of future licensing problems, should a precedent be set and the license be required to "follow the property upon new ownership". This is a fallacy, and does not affect County licensing permits, which you as the Board should be well aware of; and, 8. FINALLY, the State of California has approved this facility in its entirety. It is only the County of Butte who has denied approval, based upon erroneous information. I am a taxpaying citizen, providing an essential service to other taxpaying citizens. The denial of my application by the Planning Department affects a much larger expediential than just myself in this community. I HEREBY REQUEST that: l . You rescind the decision made by the Butte County Planning Department, in consideration of the above history, facts, and supporting documentation; and that 2. You approve the licensing of my small family day care facility so that it is a large family day care facility, to accommodate the local children, farming community, and economy. Respectfully submitted, Suzanne T: Jessen Date 04/05/00 •Development Services Depapment Time 10:42 am Applicant Billing Worksheet Page 1 MUP 00-09 * Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 In reference to MUP 00-09 Rounding None Full Precision No Last bill Last charge 03/31/00 Last payment / / Amount Date/Slip# Description 01/10/00 Paula A. / C 427612 Clerical 01/24/00 Paula A. / C #28075 Clerical 01/24/00 Steve B. / P* #28115 Processing 01/24/00 Teri B. / C #28127 Clerical 01/24/00 Larry P. / P #28186 Processing 02/07/00 Steve B. / P #28336 Processing 02/21/00 Steve B. / P #28586 Processing 03/06/00 Lynn R. / C ; #28718 Clerical 03/06/00 Steve B. / P #28782 Processing 03/20/00 Lynn R. / C #28992 Clerical : $0.00 HOURS/RATE AMOUNT TOTAL 1.00 34.00 34.00 2.00 68.00 34.00 1.00 59.00 59.00 0.50 17.00 34.00 1.00 59.00 59.00 2.00 118.00 59.00 2.50 147.50 59.00 3-.00 135.00 45.00 3.25 191.75 59.00 1.50 67.50 45.00 Date 04/05/00 •Development Services Depalkent Time 10:42 am Applicant Billing Worksheet Page MUP 00-09 * :Suzanne Thomas Jessen (continued) TOTAL BILLABLE TIME CHARGES 17.75 $896.75 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 01/20/00 Deposit - Receipt #18141 (350.00) 04/05/00 Amount Written Off (546.75) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE $0.00 $896.75 $0.00 March 24, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 ffatte c LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3391 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: The Butte County Planning Commission held a meeting on March 23, 2000, regarding your request for a Minor Use Permit to convert a small family day care into a large family day care, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, April 3, 2000. 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. 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 Services Assistant , /lr romisWenial. frm �: ���t�7�..� r •i .''ice.. _ _ �� iAD LAND OF NATURAL WEALTH AND BEAUTY �.gz-4r PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 16, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: Enclosed is a copy of the Agenda Report concerning your application for a Minor Use Permit to convert a small family day care into a large family day care, ,at 1662 Blaser Lane in the Durham area.. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for March 23, 2000, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. j:\wpdocs\pcl ts\schedule.mrg BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - March 23, 2000 Applicant: Suzanne Thomas Jessen Parcel Size: 5.22 acres File #: MUP 00-09 Zone date: July 26, 1977 Request: Minor Use Permit for a large family day care facility for 12 Supervisor or fewer children. District: 4 G.P.: OFC (Orchard & Field Crops) Project Planner: Stephen Betts Zoning: A-10 (Agricultural, 10 -acre Associate Planner minimum parcel size) Attachments: APN: 040-150-026 A: Planning Manager Agenda Report, dated March 8, 2000, with attachments Location: On the west side of Esquon B: March 8, 2000, Planning Manager Road, approximately .41 miles Meeting Minutes north of Durham -Dayton C: Memorandum from Agricultural Highway, at 1662 Blaser Lane Commissioner, dated March 2, 2000 in the Durham area. D: Site Plan STAFF COMMENT: This project will allow the applicant to expand her existing small day care facility to a large day care facility. A Planning Manager's hearing was held on this project on March 8, 2000, with a staff recommendation for denial. The denial recommendation is based upon potential impacts to the children that may be caused by chemical spraying operations on the surrounding parcels and upon potential impacts to agricultural operations on the surrounding parcels. The Planning Manager recommends that the Planning Commission deny the project. Normally a Minor Use Permit project comes before the Planning Commission on the consent agenda. Because of the denial recommendation, the Planning Manager directed that the project be immediately scheduled for a public hearing to avoid having to pull it from the consent agenda and then hold a public hearing two weeks later. At the March 8`h Planning Manager's meeting, the applicant stated that she needs the large day care facility to allow for the overlap of children when they are being picked up and dropped off. She also stated that she keeps the children inside when spraying occurs and that she washes down the play area before the children are allowed outside. She submitted signed releases from the parents of the children in her day care stating that they are aware of the potential for spraying in the surrounding orchards. The Planning Manager suggested that the applicant obtain information on the types of 0 Butte County Development Services 0 Agenda Report ■ Page 1 0 chemicals used in the surrounding orchards and if rinsing off the outdoor play area with water is sufficient to render the chemicals harmless. It is anticipated that this information will be presented to the Commission at the March 23`d meeting. Please refer to the attached March 8, 2000, Planning Manager agenda report and the minutes of the March 8, 2000, meeting for additional information on the project. The Planning Manager recommends that the Planning Commission deny this project. Should the Planning Commission approve the project, alternative actions, findings, and conditions have been included in this report. The Planning Manager recommends that the Planning Commission take the following action: Deny the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, based on the following findings: A. The project will allow additional children on a parcel that is surrounded by working orchards. The agricultural operations in these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. B. The project may prevent certain agricultural practices, such as the use of pesticides, burning, and the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is not consistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan which states that the primary purpose of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agricultural. D. The project is not consistent with Program 2.2 of the Agricultural Element of the Butte County General Plan which calls for a minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. If the Planning Commission supports the Minor Use Permit they should take the following action: Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act based on the following finding: 0 Butte County Development Services 0 Agenda Report ■ Page 2 0 • A. The proposed conversion of the existing small family day care center into a large family day care center is only a minor change in the use of the existing dwelling unit. II. Approve the Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, 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 24-265 (E) "Standards and Conditions" for large family day care facilities of the Butte County Zoning Code, the Butte County Environmental Health Department and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops and zoned A-10. The Orchard and Field Crops land use designation allows group quarters and care homes as Secondary Uses. The A-10 zone allows large family day care facilities 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 large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services and utilities: The large day care facility will not create a need for new public facilities, services and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The Environmental Health Department requires that the existing septic system be maintained in a manner that complies with the Butte County Sewage Ordinance. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The large day care facility may lead to a minor 0 Butte County Development Services ■ Agenda Report ■ Page 3 0 increase in noise levels due to children playing outside, and due to the increase in vehicle traffic, but this will not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area nor will it create any vehicle circulation impacts. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County Agencies and has received no evidence that the use will cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity: D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. KAPROJECTSWPMUESSEN. M UPTC. RPT 0 Butte County Development Services 0 Agenda Report 0 Page 4 ■ EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 00-09 PERMIT NO. 040-150-026 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Suzanne Thomas Jessen is hereby granted a Minor Use Permit in accordance with the application filed January 20, 2000, to allow a large family day care facility for 12 or fewer children. 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. 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: 0 Butte County Development Services 0 Agenda Report 0 Page 5 0 1. The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the residence. 2. A minimum of four (4) off-street parking spaces shall be provided, consisting of: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee. The two (2) required residential spaces may not be used for employees. (c) One (1) off-street parking space/loading area. 3. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. 4. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 5. The applicant shall obtain and keep on file statements from parents acknowledging proximity of agricultural spraying. The statements shall be kept on file until a child no longer attends the day care facility. 6. Meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. 7. Prior to issuance of the Minor Use Permit the large day care facility shall be inspected by the Butte County Fire Department/CDF to meet minimum fire code requirements. The septic system shall be maintained in a manner that complies with the Butte County Sewage Ordinance. 9. Prior to issuance of the Minor Use Permit, the Butte County Environmental Health Department shall sample the well and clear it for use by the large family day care facility. 10. Building permits may be required for the change of occupancy. Applicant shall contact the Building Division to determine the need for building permits. Prior to issuance of the Minor Use Permit, obtain any required building permits from the Building Division. 11. Applicant shall also comply with all other applicable federal, state and local statutes, ordinances, and regulations. 0 Butte County Development Services 0 Agenda Report ■ Page 6 ■ RIMIN•� •�u-• .-. i •• •-•u •- • .• �� •• e�. •• •• •• - ,• ot.Ver require-wentsof -d- a -td local,. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office 0 Butte County Development Services 0 Agenda Report 0 Page 7 0 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of ..Notice of Public Hearing.. ..................... ..... .......... ..... AFFIDAVIT OF PUBLICATION State of California County of Butte ss. The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record Oroville Mercury Register. That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California; Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy; was published in said newspaper on the following days: March 11, 2000. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. Dated ..............March 13, 2000. at Chico, California. .....1:.............................................. ture) No................................................................. BUTTE COUNTY ."'..:_7 •., PLANNING COMMISSION;[lqtico NOTICE OF,-., PUBLIC HEARING::. is hereby given by the Butte C60hty Planning Man4g ,• R i er that a public hgidng'will'be.;_ held on Thursdayy; March ,23;' i 2000, in :the Butte' County Board of Supervisors' Room,", County Administration Center, 25 County Center Dr., Oroville, y California, regarding the follow ina item: 9:30am- nevrtwSuzanne . Thomae'" son,. (Item determined ,to Categorially: 6iempt from en; ' . vironmental review and Minor Use Permif' to allow a Largge Family Day Care Facility for 12;x, or fewer children on property 'zoned - A-10 (AgNcultural•10. acre parcels). The, property.1 i located.on the west,side of Es -J i quon Road; approximately. .41. 5 i miles north of Durham -Dayton,. Highway, at 1662 Blaser Lane,''. in the Durham Area: y.r. -+'.- 'The above-mentioned appli-, cation is on file and avallablei- for public viewing at.the Office. of the Butte County Develop,, ment ServicesDepartment: Planning Division, 7 County Center Drive, Oroviile, Califon nia. For information call: (530) 538-7601 (Monday through Fri= Comments may be subrnittedflrf9 writing at any time prlor',to. tAe^? hearing or orally at the meeting listed above or as may be con : , tinned toa later date: Upori;ac?";';i,•j tion taken by the.• Planning ; , j Commission on the project.',an appeal maybe file wttfi the' Clerk of the Board of Supervi- sors. The appeal period days. If you challenge tffe above application in the court;,' you may be limited to raising only those issues you or some=al one else. raisedat the public ,, - hearing described in this notice or in written correspondence;, delivered to the Planning Com= mission, at or prior to, the pub=•~ lic hearing. ' BUTTE COUNTY PLANNING" COMMISSION I ) THOMAS A. PARILO,• _ . - " , 1 DIRECTOR DEVELOPMENT SERVICES C229292 i Publish: March 11, 2000 - 0 March 6, 2000. To Whom It May Concern: I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for approximately 0 8 years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. 'Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concems regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent CS3o)- 3c(�- 6 Sad RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION March 6, 2000 To Whom It May Concern: I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for approximately Y.__ 'years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concerns regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent C!530)- 3ti2- /46s RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION • March 6, 2000 To Whom It May Concern: 0 I am writing this letter regarding the possible rchards surrounding this daycare facility for Grma' Sue's Daycare. My child/children have been attending approximately years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concerns regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare, Sincer u � Pare 3_6..)Oo ;r CS 3 0) 3,S jS5 1 RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION • March 6, 2000 To Whom It May Concern: I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for approximately years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concerns regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent 3 — ,� - pO v C530� $5-3815 RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION • March 6, 2000 To Whom It May Concern: I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for approximately years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concerns regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent 0 (5-3 0) 3y�- S9y�7 RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION March 6, 2000 To Whom It May Concern: I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for, approximately I— years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concems regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent (S3o}- S'is- R3rj1 RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION a March 6, 2000 To Whom It May Concern: 0 I am writing this letter regarding the possible spraying in the orchards surrounding Grma' Sue's Daycare. My child/children have been attending this daycare facility for approximately _� years. I realize this facility is in the country and there is a possibility of crop spraying during specified times of the year. I have never known of a time when the children were outside during this operation. Sue Jessen makes every concerted effort to keep them inside and protected from such incidents. I have no concerns regarding the above issue. Therefore, it is with my permission I choose to keep my child/children at Grma' Sue's Daycare. Sincerely, Parent 000c) Cs3o)-3`iS-�5oR RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION Real Estate Ownership DirectoryOord: CA - STR( Esquon Road) No.2� Suzanne Jessen Creat w: Not Chosen Detail Record No. 27 Detail Record RECORD l~t'al Fl RECORD Page 1 of 2 Monday, March 06, 2 information America Database: REAL ESTATE OWNERSHIP DIRECTORY Information Current: through Last Updated: (Updated on a HISTORICAL basis) Filed: County: Assessors Parcel Number: Assessed Value (Land): Assesed Value (Buildings): Assessed Value (Total): Improvement: Lot Size: Owner Type: Tax Rate Area: Comments: Lot Area: Property Address: Mailing Address: Name: Name Type: BUTTE 990-160-662 $136,620 $6,474 $143,094 4% A31.97 Vested Owner -ET ALS 070-013 Assessment Year 1996 1,392,613 ESQUON RD DURHAM, CA PO BOX 9 BUTTE CITY CA 95920 MOHAMED BASHIRAN Owner RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION pan help you. ry our other aahes 1 /infoam. exe?form=detail. htm&db=CA-RPALC&query=STR(+Esquon+Road)&context=FSUETJ316/(DO Real Estate Ownership Directorlecord: CA - STR( Esquon Road) No.� Detail Record nowxx 1 e Suzanne Jessen crent t»: Not Chosen Page 1 of 2 Monday, March 06, 2 PPF-Vlau I TURN ( t • RECORD 23UI<8�I ' w' Detail Record No. 26 Information America Database: REAL ESTATE OWNERSHIP DIRECTORY information Current: through Last Updated: (Updated on a HISTORICAL basis) Filed: County: BUTTE Assessors Parcel Number: 040-150-110 Assessed Value (Land): $208,000 Assesed Value (Buildings): $37,500 Assessed Value (Total): $245,500 Improvement: 15% Lot Size: A31.97 Land Use: ORCHARD Sales Doc Number: 40701 Owner Type: Vested Owner -ET ALS Tax Rate Area: 070-013 Comments: Assessment Year 1996 Comments: County Use - AO Comments: Prior Transaction Date - 11-16-1995 Comments: Prior Document Number - 40702 Comments: Prior Document Type - INTERSPOUSAL TRANSFER Lot Area: 1,392,613 Property Address: ESQUON RD DURHAM, CA Mailing Address: PO BOX 9 BUTTE CITY CA 95920 Name: MOHAMED BASHIRAN Name Type: Owner Loan amount: $443,000 ./info am. exe?form=detail.htm&db=CA-RPALC&query=STR(+Esquon+Road)&context=FSUETJ3/6/00 FROM : JOHN TAYLOR ORD BEND • FAX NO. 5309349606 Mar. 07 2000 03:16PM P2 SING 1950 ASSOCIATED COMPANICS JOHN TAYLOR - ®RD BEN®_ CHEMICALS • FERTILIZERS • SEEDS GLENN, CA NCA Y ROAD 33 GLENN, 9594:1-0190 NI IONS: (916) 934-7/27 FAX: (9' 6) 93a-9606 March 7, 2000 To whom it may concern: I am writing in response to a request from a Sum= T Jessen who has made a request for a minor use permit to increase the capacity of her day care facility at 1662 Blesser Lane off Esquon Road East of Duftm and North of DurfiamMayton Highway. As a licensed Agricultural Pest Control Advisor, I work with the farrier/owner of the surrounding property recommending crop protection practices and products that often include the use of agricultural chemicals. It is my responsli* to consider all enviorourneaw concerns in choosing a plan of action for pest control in this grower's orchard including adjoining sensitive areas such as the day care facility. Mrs. Jessen has further requested 24 hour advance notification prior to a chemical application. While 1 have no direct control over the exact timing of an application. I have so noted her request as a part of my written recommendation (copy included) which must be provided to the applicators prior to any application. Wallis B. Cramer, PCA 14~ a4a4 P6/f G ?"e," RECEIVED MAR 0 8 2000 BUTTE COUNTY PLANNING DIVISION 'FROM : JOHN TAYLOR ORD BEND •FAX NO. : 5309349606 07 2000 03:16F" P3 1: 0 tFi� JOHN TAYLOR FERTILIZ L�.AvS tU e; -fImp DG lc-. plan,; w-ih.`n 45� days af':�- ;�'L0D FL�41'7'12LEI �'CPE Llh �ht �WXI K8}' De PiA as; ao.^' -'ai en, � he ac -t lv� I - - - --trrduc'k �:arl b -P for 501--Vh5 -I,- lanuer. -zve prvoeriie5 tc. :-'Iesicals N�;-ich ar� !o leach *h;*OU'gn soil �.;tar wndor certain, res-.iim 67 U;a. Us�' &Pem-i:%: in Wr-.;"2 52i;s a"'e vartkul-ar,%' where may resi-it .;�i water �07;' is 4--Xicc �c rSfua'-: [,!lee,; rie a-,,vit:c inyerio'=r 1&5, Z�C- I't. Z'M-v:rc xwer, is v, �c ar_as tcr;w .qh tmajer nark, ',Y.;.ft e.r.-i rkmo.H 4,ay be i.r .,jftsa4,.. 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P. 220 L.' i - a r -C 995 i. c I a s a 3 f = c c i d c- 5 wh C`! �ayE -c-'es of actim A,-Pl i u..-, i a.-. t'c - Z'ri�r v ia t1 --pt sf 6ista3T ccs�-;nki� t,�rc4—vut 5eaun f,--"cwil: =tje be cove! -w, '�se 14;"v !'�sluva 11-v admte.'d Lwc a� -"'Qrna= NV-.':.t;'hat 'nas a d�"arvl'- 'T06: c�f act -. r,' r -D-- 61 6a ai:;Z7 *5,e "w 1 �;-q4tnt4a', ;1 j. ior lz d i a 5 z d e -12 ni.- and c -r,"- i wl_ tt 7-'i$ ctd.w Tit ar vR 1-3 1 a L` L':e S ! a a r. -2!" clrry :vl .,-3.t tu- s per near pp,,; !-.�! ser� th'?.1; 2'.&S c2r ecrti-,t�!' ilx�- lt4-- 6: "t -k' 7`7' hj!-V�j3" CRIT�A PITPL LhANGEE I I TkW' SL�� EZOLlir c'�;E-S-v QW I .... ...... ........... ------ 4 -4 1 C. e� that alternat-,Ve arJ Tio z in af �-hi r.. end -51, 1 c.p. S Q.1 patizn epasurEs zna4 w..uld sut•stEr,:Ually lersin any stz-7,ificar.-t aiverie R-Xrh VP '*t b6ar, consi&;red asci, if fea;iblm. SESS—EN DAY CAR GIENITER 24 HW- R.83 PRIOR TO APPLICATIONAT: <5;3'3) a9-!—G8Q--7 'DHGNE*? OR (530" 691—i7:39 (F-AX).i ;h1: r.,.:'r'" - �.:. � . ?r.�i; t.tr� . 1 f" _z�, c; C:; 'icc'L l:r•:; . 2 !r .0c; cToprs mpl, READ THE LABEL= L= DURHAM STA TE LAND SETTLEMENT T 2/ IV R2E M. D . B . B M. 40-1 lD,6c. ACs 1 l0OAC 11 1.400, ' Q 4J6 36 1 53 ,2 54 3.^ JJ M6�4 55 20 I 2 NOTE: This mop U for ossossment purposes only and may not conaflfutc 16901 parcels. cc TABBY LAN r.39 "�'PM4,p-'91_ 4r I. x. 7� ' 59 1 vy 62-SJt I 0 0,9 57 - 21.93 1,02 29 28 /3Y0.3 A m DI la 5 B -SICa I 1.01AC a �„o BS LNPAI 107-46/7180 24BLACKS 1 I 113.33 -J 121148-51 12 AC ,p IN.61 2,9.93 CJ of Y AC 4 32 oo_ - --- IAC IA IN, L Jr8 AC 11 3I.97tK. 79 /aJO. J i M9 s l A� -30071• - 75 siJ AUBRY COURT 3jY _ ,Ir.f4 Y 1.23 I 43 oses OnfY Lc1 ?,.,; ,� o=�� report*-2AC"7 Y 1.0 JJ M 9.SAcor °t iSAt ;hich 1.7ZAc A- 211-99 L04A0to /O. AC .,% - Jig-.�[�1��1.12� - 704.2 .,.., ,4 C BRINSON LANE 7,51 �-�l07.11 _7 �T52 I «l7 .9s 1,0. ,--- + BRINSON SVB ,.os 3BAe. OELRITA LANE—PIM--13'j-1 -T - 72 3 107-61 L •/ t.09 At. 1 //3 //2 M vM 13 1 77 N. .93 .93 70 7B O I ' AW0No VIEW Cr 1 2 34 J 317 •�4 23./9Ae . 31.55 Aa 04 w I ;IIJt AND LIOY 1.104 UI 67• 2 _ CO�ni' orfwmTH TITLE 1 PAs82 EcC'';?;' CC::PANY OF BUTTE COUNTY cute �+ , t i - o tr1 LMCO, CALIFOBMA a R :54Ac c 990 W f3ro.3 Y . 4 1 PA153-951 PMs >Z-� set. Assessor's Map No. 40-15 —'—� 26 /q County of Butte, Calif. 6RINSON SUB., 104 A1.aR.67i16b, 2-4-1987 ' Ai vletn• lO-91 �'' —. --- •- — CUR HAM STATE LAND S£TTL£M£/1T, 8 N.O.R. 23 _,. .. _....--__..- ._. PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-33£7 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 8, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: At the regular meeting of the Planning representative on March 8, 2000, your request for a Minor Use Permit to convert a small family day care into a large family day care, was recommended for denial. A hearing will be set at the Planning Commission for action on March 23, 2000, at 9:30 a.m., in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. 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 Services Assistant Ir �.... utte ount LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-33£7 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 8, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: At the regular meeting of the Planning representative on March 8, 2000, your request for a Minor Use Permit to convert a small family day care into a large family day care, was recommended for denial. A hearing will be set at the Planning Commission for action on March 23, 2000, at 9:30 a.m., in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. 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 Services Assistant Ir Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, March 23, 2000, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:30 a.m. - Suzanne Thomas Jessen (Item determined to be Categorically Exempt from environmental review ) and Minor Use Permit to allow a Large Family Day Care Facility for 12 or fewer children on property zoned A-10 (Agricultural -.10 acre parcels). The property is located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane, in the Durham Area. APN 040-150-026 (SB) (MUP 00-09) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Saturday, March 11, 2000 March 3, 2000 Suzanne Thomas Jessen P.O. Box 1179 Durham, CA 95938 uite CO LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 040-150-026, MUP 00-09 Dear Ms. Jessen: Your request has been scheduled for hearing in front of the Planning representative on March 8; 2000, 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 for final action. 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 Services Assistant Ir BUTTE COUNTY PLANNING MANAGER'S HEARING AGENDA REPORT - March 8, 2000 Applicant: Suzanne Thomas Jessen APN: 040-150-026 Location: On the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane in the Durham area. STAFF COMMENT: Attachments: A: Memorandum from Agricultural Commissioner, dated March 2, 2000 B: Vicinity Map C: General Plan/Zoning Map D: Site Plan Staff recommends denial of this project due to potential impacts to the children caused by agricultural operations in the adjacent orchards. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is a proposal to 'convert an existing small family day care facility `to a large family day care facility. The applicant currently cares for six or fewer children, and approval of.this Minor Use Permit will allow her to care for 12 or fewer children. Per Butte County Code Section 24.265(b) small family day care centers are,limited to 6 or fewer children and large family day care centers may have up to 12 children. The state law changed recently setting new limits of 8 children for small family day care centers and 14 for large family day care centers. The County Code has not been changed to reflect these new limits. This proposal is being processed under the existing County Code, and at such time as the code is revised to the new state standards the limits on the number of children allowed may be administratively adjusted for existing small and large child care centers. 0 Butte County Development Services 0 Agenda Report 0 Page 1 ■ Parcel Size: 5.22 acres File #: MUP 00-09 Zone date: July 26, 1977 Request: Minor Use Permit for a large family day care facility for 12 Supervisor or fewer children. District: 4 G.P.: OFC (Orchard & Field Crops) Project Planner: Stephen Betts Zoning: A-10 (Agricultural, 10 -acre Associate Planner minimum parcel size) APN: 040-150-026 Location: On the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane in the Durham area. STAFF COMMENT: Attachments: A: Memorandum from Agricultural Commissioner, dated March 2, 2000 B: Vicinity Map C: General Plan/Zoning Map D: Site Plan Staff recommends denial of this project due to potential impacts to the children caused by agricultural operations in the adjacent orchards. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is a proposal to 'convert an existing small family day care facility `to a large family day care facility. The applicant currently cares for six or fewer children, and approval of.this Minor Use Permit will allow her to care for 12 or fewer children. Per Butte County Code Section 24.265(b) small family day care centers are,limited to 6 or fewer children and large family day care centers may have up to 12 children. The state law changed recently setting new limits of 8 children for small family day care centers and 14 for large family day care centers. The County Code has not been changed to reflect these new limits. This proposal is being processed under the existing County Code, and at such time as the code is revised to the new state standards the limits on the number of children allowed may be administratively adjusted for existing small and large child care centers. 0 Butte County Development Services 0 Agenda Report 0 Page 1 ■ The project site is developed with three dwellings units, ranging in size from 500 to 1,500 sq. ft, a large barn, and several small storage sheds. No orchards are located on the property, but horses and several sheep are kept in a large pasture located between the dwellings and Esquon Road. The property fronts on Esquon Road and Blaser Lane. Access to the dwelling is from Blaser Lane, which is a private road and only serves the project parcel. Domestic water for the site is supplied by an on- site well. Sewage disposal is handled by an on-site septic system. The applicant lives in the primary dwelling unit on the property and is currently the sole care provider. One occasional part-time employee will work in the proposed large day care facility. A small fenced play area is located adjacent to the main dwelling unit. All of the surrounding parcels are developed with almond orchards. The project site is located in a large area that is within a 100 -year flood zone. The flooding potential originates from Butte Creek, which is located approximately 1.1 miles from the project site. ANALYSIS: The subject property is zoned A-10 (Agricultural, 10 -acre minimum parcel size) and has a General Plan land use designation of Orchard and Field Crops. The A-10 Zoning Code allows large family day care facilities with approval of a Minor Use Permit and subject to the requirements of Section 24-265 of the Zoning Code. The General Plan states that the Primary Use of the Orchard and Field Crops land use designation is single-family dwellings at rural densities. Secondary Uses include group quarters and care homes. Butte County Code Section 24-265(e)(2) requires that new large family day care centers be located at least 500 feet driving distance from any other large family day care center. Staff conducted an analysis of the location of other large family day care centers in the area of the project and determined that there are no other such facilities in the area. This facility will not cause any residence to be bounded on more than one side with a large family day care center. The large size of the project parcel allows sufficient area for off-street parking for the residents of the dwelling, for employees, and for drop-off and pick-up of children. The circular design of the existing driveway provides good vehicle circulation on the property. The site access road, Blaser Lane, is a private road owned by the applicant and only serves the applicant's parcel. The project will not cause an impact to Esquon Road because the project will not generate large volumes of vehicle traffic. The Butte County Environmental Health Department requires that the existing septic system be maintained in a manner that complies with the Butte County Sewage Ordinance. The Environmental Health Department also requires that the well be sampled and cleared for use by the large day care facility. The Butte County Fire Department requires compliance with the'California Building Code, including the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. The large day care facility must be inspected by the Fire Department.prior to operation. The large day care facility may lead to a minor increase in noise levels due to children playing outside and due to a minor increase in vehicle traffic. Noise from children playing outside will not have an impact to the residents on adjacent parcels because no dwelling are located near the project 0 Butte County Development Services 0 Agenda Report 0 Page 2 0 parcel. The vehicle traffic generated by the proposed large day care facility will not cause a significant increase in noise levels because of the small number of vehicle trips that will be generated by the large family day care facility. The project site is located in a large area that is within a 100 -year flood zone. The flooding potential originates from Butte Creek, which is located approximately 1.1 miles from the project site. According to the applicant, who has lived on the property for over 12 years, neither the site or nearby properties have ever flooded. The manager of the Land Development Division of the Public Works Department stated that the project area is subject to flooding only if the Butte Creek levee breaks. The project site is located in an agricultural area and almond orchards surround the property. The large day care facility is located approximately 40 feet from the closet property line. The establishment of a large day care facility in an agricultural area could have an impact to agricultural operations on adjacent parcels and could expose the children in the day care facility to noise, dust, and chemicals. According to the applicant, the children being cared for at the existing day care facility are kept inside during spraying activities. The applicant also states that the adjacent land owners notify her when spraying operations are to occur. The Butte County Agricultural Commissioner commented on this project and states that the presence of more children on the project site would significantly increase the potential for a child to become exposed to a pesticide application inside the orchards and the residue left behind from a prior application. The Agricultural Commissioner also states that there is an increased potential for the children in the day care facility to be exposed to dust, noise, and farm equipment operations. The impact to adjacent agricultural operations already exists due to the presence of the dwelling units on the project site. However, the presence of additional children on the project site may cause the orchard operators to alter their agricultural practices out of concern for the children. Program 2.2 of the Agricultural Element of the Butte County General Plan calls for a minimum 300 - foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. The dwelling unit that will contain the large day care facility is located approximately 40 feet from the closest property line and approximately 60 feet from the closest orchard. Ideally there should be a large buffer between the surrounding orchards and the proposed large day care facility, but this is not possible because the dwelling unit is already constructed and the shape of the parcel does not allow sufficient area for a 300 -foot buffer. In 1997, the Planning Commission approved a Minor Use Permit for a large day care facility in an A-40 zone. The Commission was concerned that spraying operations in the orchards on the project site, and on adjacent parcels, could harm the children attending the day care facility. The Commission added a condition requiring that the parents sign an acknowledgment that spraying operations could occur nearby. The Agricultural Commissioner recommended at that time that the project be denied due to impacts to agricultural resources. ■ Butte County Development Services ■ Agenda Report 0 Page 3 0 Staff recommends that the Planning Manager recommend denial of this project to the Planning Commission. Should the Planning Manager recommend approval, the necessary findings' and conditions have been included in this report. Staff recommends that the Planning Manager take the following action: I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmenial Quality Act based on the following finding: A. The proposed conversion of the existing small family day care center into a large family day care center is only a minor change in the use of the existing dwelling unit. Il. Recommend denial to the Planning Commission for a Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, based on the following findings: A. The project will allow additional children on a parcel that is surrounded by working orchards. The agricultural operations'in these orchards have the potential to expose children to significant amounts of pesticides, dust, smoke, and noise, which could lead to health problems. B. The project may prevent certain agricultural practices, such as the use of pesticides, burning, and the use of heavy equipment that causes dust and noise, in the adjacent orchards due to concerns about harming the children in the day care facility. Restricting certain agricultural practices may have a significant impact on the ability of the surrounding orchards to remain viable. C. The project is not consistent with Policy 3.5 of the Agricultural Element of the Butte County General Plan which states that the primary purpose 'of the Orchard and Field Crop land use category shall be for agricultural production, related processing, and services in support of agricultural. D. The project is not consistent with Program 2.2 of the Agricultural Element of the Butte County General Plan calls for a minimum 300 -foot buffer between residential and agricultural uses in order to protect existing agricultural uses from incompatible use conflicts. Staff recommends that the Planning Manager take the following action: 0 Butte County Development Services 0 Agenda Report 0 Page 4 0 I. Determine the project to be Categorically Exempt from environmental review under Section 15303(a) of the California Environmental Quality Act based on the following finding: A. The proposed conversion of the existing small family day care center into a large family day care center is only a minor change in the use of the existing dwelling unit. II. Recommend approval to the Planning Commission for a Minor Use Permit for Suzanne Thomas Jessen for a large family day care facility for 12 or fewer children, MUP 00-09, on APN 040-150-026, 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 24-265 (E) "Standards and Conditions" for large family day care facilities of the Butte County Zoning Code, •the Butte County Environmental Health Department and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Orchard and Field Crops and zoned A-10. The Orchard and Field Crops land use designation allows group quarters and care homes as Secondary Uses. The A-10 zone allows large family day care facilities 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 large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services and utilities: The large day care facility will not create a need for new public facilities, services and utilities because water, telephone, .gas, and electrical services already extend to the project parcel. The Environmental Health Department requires that the existing septic ' system be maintained in a manner that complies with the Butte County Sewage Ordinance. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. The harmful effect, if any, upon desirable neighborhood character: 0 Butte County Development Services 0 Agenda Report 0 Page 5 0 • 0 The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The large day care facility may lead to a minor increase in noise levels due to children playing outside, and due to the increase in vehicle traffic, but this will not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area nor will it create any vehicle circulation impacts. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County Agencies and has received no evidence that the use will cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity: D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. KAP ROJECTS\UPMUESS EMM UP\DENIAL. RPT ■ Butte County Development Services ■ Agenda Report 0 Page 6 0 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) MUP 00-09 PERMIT NO. 040-150-026 ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Suzanne Thomas Jessen is hereby granted a Minor Use Permit in accordance with the application filed January 20, 2000, to allow a large family day care facility for 12 or fewer children. 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: ■ Butte County Development Services 0 Agenda Report ■ Page 7 0 The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. A minimum of four (4) off-street parking spaces shall be provided, consisting of: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee. The two (2) required residential spaces may not be used for employees. (c) One (1) off-street parking space/loading area. 3. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. 4. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 5. The applicant shall obtain and keep on file statements from parents acknowledging proximity of agricultural spraying. The statements shall be kept -on file until a child no longer attends the daycare facility. 6. Meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors openable from the inside without the use of a key or any special knowledge or effort. 7. Prior to issuance of the Minor Use Permit the large day care facility shall be inspected by the Butte County Fire Department/CDF. 8. The septic system shall be maintained in a manner that complies with the Butte County Sewage Ordinance. 9. Prior to issuance of the Minor Use Permit, the Butte County Environmental Health Department shall sample the well and clear it for use by the large family day care facility. 10. Building permits shall be required for any change of occupancy. Prior to issuance of the Minor Use Permit, applicant shall obtain 11. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. • .� • • �u �•- �• ., �. u'i • •• m' :. a a� too NYWRIM111 0 IR -110 IMI WE W11WRIM ■ Butte County Development Services 0 Agenda Report 0 Page 8 0 •- 0 Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF 0 Butte County Development Services 0 Agenda Report 0 Page 9 ■ Vicinity Map Z d J Project Location G96e Road Cummin Du igm-D n Mum}( 5 i`.. CL Dayton, H" Kelli in I ana urham r Ludick .Road—J OL. _gamin Rb 1; > CD 6n 1 CL ID > 1 0 3 CO MUP 00-09 040-150- .o A-10 A-10 Road 0 -- Project Location KoxQ Last�l A-10 A-40 A-20 fkoad Neap U 1000 0 1000 2000 3000 4000 5000 6000 7000 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Suzanne Jessen Owner: Same Hearing Date: March 8, 2000 @ 9:00 a.m. Existing Zone: A-10 (Agricultural, 10 acre min.) N Supervisorial Request: Minor Use Permit to convert a small Family Day Care Facility into a Large Family Day Care Facility. District # 4 Assessor Parcel No: 040-150-026 Fle: 0,3.09 INTER -DEPARTMENTAL MEMORANDUM Department of Agriculture To: Tom Parilo, Director of Development Services From: Richard Price, Agricultural Commissioner Subject: Minor Use Permit Application for Large Day Care Facility, APN 040-150-025 (1662 Blaser Lane, Durham), File #MUP 00-09 Date: March 2, 2000 I have reviewed the minor use permit application for this project. This project would increase the number of children located at a facility placed in the middle of a commercial orchard operation. The presence of more children would significantly increase the potential for a child to become exposed to a pesticide application inside the orchard and the residue left behind from a prior application. There is also an increased potential of exposure to dust, noise and farm equipment operations. The above items should be seriously addressed before a minor use permit is, approved. Betts, Steve From: Parilo, Thomas Sent: Thursday, March 02, 2000 7:10 PM To: Wilson, Randy; Betts, Steve Subject: Large family day care MUP I spoke with Richard Price. There is no way that adjacent land owners could or would be notified'about spraying activites. It's not practile or feasible and is quite empty in reality. Who thought of this anyway?? Proceed with a negative recommendation. Tom INTER -DEPARTMENTAL MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Richard Price, Agricultural Commissioner From: Steve Betts 5.6— Subject: Minor Use Permit Application for Large Family Day Care Facility, APN 040-150- 026 (1662 Blaser Lane, Durham), File # MUP 00-09 Date: February 29, 2000 I did not get any comments back from you regarding this project, and I want to make sure that you didn't have any comments. The project site, and the surrounding parcels are zoned A-10, and the surrounding parcels have been developed with orchards. There are concerns that allowing the large family day care facility in this area may subject the children to pesticide drift. In 1997, the Planning Commission approved a large day care facility that was located in an A-40 zone: The Commission added a condition requiring that parents acknowledge that spraying may occur nearby. This has been added as a condition of the current project. If you have any comments concerning this project, please let me know immediately. This item is scheduled for a hearing on March 8th, and the report must be finalized by this Thursday morning (March 2nd). Thanks. MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: February 22, 2000 Project Name: Suzanne Jessen THIS IS A REQUEST FOR: Black & white reproducible exhibit map PC/Board/DRC Vicinity Map Planning Manager Exhibit Map Extension of Time Exhibit Map Color Planning Commission Exhibit Map Color Board of Supervisors Exhibit Map Public Notice List Special Exhibits Backread Ordinance Public Notice List: File #: _MUP 00-09 Number of Meeting Date Copies Special instructions: 1 black & white exhibit and 1 color for Planning Manager meeting 3/8/00 a 9:00 a.m. The above request is due no later than Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. FILE SAVED AS: J:\WPDOCS\FORMS\REQUEST.MAP Notice is hereby given that the Butte County Planning Manager is proposing to grant a Minor Use Permit to allow a Large Family Day Care Facility for 12 or fewer children for Suzanne Thomas Jessen on property zoned A-10 (Agricultural - 10 acre parcels), identified as APN 040-150-026, located on the west side of Esquon Road, approximately .41 miles north of Durham -Dayton Highway, at 1662 Blaser Lane in the Durham Area. (SB) (MUP 00-09) Persons wishing to comment on the project may submit written comments to the Butte County Planning Division any time prior to Friday, March 3, 2000. The Director of Development Services shall consider all comments in determining if the application meets all of the above 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 Wednesday, March 8, 2000, at 9:00 a.m., at 7 County Center Drive, Oroville, CA, in the Planning Division Conference Room. 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 the next available meeting. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health, Chico FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Suzanne Tho as Je sen, MUP 00-09 DATE: January 20, 2000 CONTACT PERSON: ST�E �--TTS &MMNMEMTAL FtluTM JAN 2 12609 Chico, CalNomla The Planning Division has received a project application foi 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 a Minor Use Permit to allow a large family daycare on property zoned A-10 (Agricultural. 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN 040-150-026. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON March 30, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 3, 2000. 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): vt--( D 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 FEB - 8 2000 BUTTE COUNTY PLANNING DIVISION • • RECEIVED BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: CDF FEB - 2 2000 BUTTE CUNTY PLANNING D VISIO:v FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Suzanne Thomas Jessen, MUP 00-09 DATE: January 26, 2000 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 convert a small family daycare into a large family daycare, on property zoned A-10 (Agricultural, 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN 040-150- 02-6. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 30 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. By: Date: '2 -'.Z --©? 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 TO: FROM: RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo Butte County Planning Division Request for Comments on a Development Application: Suzanne Thomas Jessen, MUP 00-09 January 26, 2000 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 convert a small family daycare into a large family daycare, on property zoned A-10 ( Agdcultural, 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN 040-150- 0226. Supervisorial District No. 4. 0-10- Ota THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 30, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. By: '/ Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 MUP 00-09 AP# 040-150-026 Suzanne Jessen i-� j► "� °'. .aoao-xmtEora.: c�nncv r • w d €E 11 a t r _ ! - F1 , n ft od Z61 -5r Rood 'AE 2 ne 1 Project Location t pO TO: FROM: RE: DATE: 6 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Suzanne Thomas Jessen, MUP 00-09 January 26, 2000 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 convert a small family daycare into a large family daycare, on property zoned A-10 ( Agricultural, 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN 040-150- 026. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 30 , 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 9, 2000. 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): LIM Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 LEAD IN SHEET • 1111'111•0 a, 17. ror,1 11 M OWNER: Same REPRESENTATIVE: REQUEST: Minor Use Permit to a44ow a large family daycare SIZE: SUPERVISORAL DISTRICT #4 -EXISTING ZONING: A-10 (Agricultural, 10 acre Parcel) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) APPLICABLE REGULATIONS: Date Rec'd 1-20-00 0 0 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 _ COMMENT DISTRIBUTION LIST APPLICATION: Suzanne Thomas Jessen _ Viacom Cable TV DATE: January 20, 2000 State Agencies County Offices and Cities: CalTrans (Traffic) _ Dept. of Water Resources _ Chief Administrative Officer _X_ Develop. Services Director Public Works Director _X'/ Environmental Health ✓ Assessor _X Building Manager / Sheriff _X_ BCAG _ ALUC _X_ l LAFCo _ Air Quality Mgmt. _ Butte Co. Farre Bureau Biggs Gridley _ Chico - Oroville —_ Paradise _ Chico Airport Commission / Animal Control _X_ Agricultural Commission Irrigation District: Lime Saddle Dist _ Community Association _ Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Ck. Watershed Conservancy_ Butte Water District _ California Water Service Co. _ Del Oro Water Co. _ OWID _ Thermal ito- 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 Department of Conservation _ _ Caltrans, Aeronautics Program Off. of Mining Reclamation Off. of Governmental & Env. Relations Dept.Social Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq..Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy_ School Districts 0 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Suzanne Thomas Jessen, MUP 00-09 DATE: January 20, 2000 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 a Minor Use Permit to allow a large family daycare on property zoned A-10 ( AgriculturaL 10 acre Parcell located at 1662 Blaser Lane in the Durham area., identified as APN. 040-150-026. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON March 30, 2000. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _February 3, 2000. 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 a � ! l F�al1 Face Wall l �- Opp by . •: ;mss . Sa{•fr- O p i v t 0 a \ � • Bern :.� r 1 � ol �— dill - 78 � I 0 •znnhto T �-Tessen LL' d 0 26 1662'• Rlo- r Lane Durhayn..,'- ..�°`•.. 4:5938 0 5.22. AC' Fitli Fa►c[ 1 }3laser Ltane `. Pvt. PP 10'2PP S, PP RECEIVED JAN I 0 2000 BUTTE COUNTY PLANNING DIVISION Y �e Ab +aJ ,4.• +pii h�ai : • 05 � � �:� ♦'`v+�'riYi�w r � � . pit ubnbt P y ♦AA.,A tovoi.L t; 4 F � Suzanne T. Jessen P. O. Box 1179 1662 Blaser Lane Durham, CA 95938 _ _J DURHAM STATE 'LAND SETTLEMENT TOW R2E M.D. B. BM. 40-15:1 16 we t (D 10A9. sac• z moAe , Q4) J• J6 I-•100' cc SJ , cc War I'mr- N6JA,. ,.J9 I SJ,a _ Z0 I / NOTE: M,map i, /p, ppnampn/ pv/pan, pAl np1 7 ; and mel ten,/llurp Npp/ pprepl f. I :30A 6z.Jfc_or dam/.OIAC CaCP�B6 s' BLACKS LN J PMAB-J1' 1 K ftff u + /)�O • a u C/ P IAC , IA ' 48 ' J JAC a "JL97AC. �_.►�.. ��,. ,. /• )9 AVERY COURT 1 5 ^ 1.0 A"ZAC IIl IAC •' - 1.72x[ ^ LDAA� ? /7 n /D Ac (j(jV 29 �IA39 I C • BRINJON LAME', , 1I�J)` 07.11 VVV70) 2 YJA� /Q f ( .1 BRINSON J f 38 a c. DELRITd LINE 4 pM.i,�y- ? - (i 1 ,07.b f •(a3L 11pf L. 1.01 4. 7e )r AlMONO VIE -Cr. 23.19 Ae. N.JJA. Y rwAr � d , 1• cr.,:ran-rv.uvaa TITLE I PM 6t 67' OF BUM COLIm r . 'CNICO, CALIFORNIA J JJI�c +f��71t HIQHWA I IMlYf! FM 6l, �9f , SII, 990 W /IEO.J r Assessor's Map No. 40-/5 26 /4 County of Butte, Calif. / SPINSO.V SUB., IOA N.0,R. 67166, 2-4-196r REV/SED: IO -f/ i CURNAM STATE LAND SETTLEMENT, 6N.O.R.I3 DURHAM STATE LAND SETTLEMENT T 2/ N R2E M. D. B . a M r -TI -1 O TABBY L X7z .65 2?0 83 2 co 1 9' M n N I.OIAC N 1.02 AC —P — — — 17- 4680 -- BLACKS eti 0 171.80 154.58 J PM48- AUBRY COURT— Lot V —� BRINSON LANE DELRITA LANE - ALMOND VIEW CT. •40-15 F;� ' is I "= 4008 NOTE: This map is for assessment purposes only and may not constitute legal parcels. Assessor's Mop No. 40=15 County of Butte, Calif. 0 F� cfe' - 1 0 N n'n P -J e s sen o G6 1C�2'. Rlo�ser Lane D +u r ham ...,-- C0. • .. :5 9 -3 5.22 Ac.0-2-6_=0.--- Fmf-1 F&rce Glaser Lwhe Pvt - in I PP IAJn , PP pp RECEIVED JAN 2 0 2000 BUTTE COUNTY PLANNING DIVISION Wall �•aj ;•� Opp bp i •- � ` AC. IS�GafC t� I 1 i ♦ " seer - 1 a: IL {` e(' � •3 "— sw pct uMM (p►� F� cfe' - 1 0 N n'n P -J e s sen o G6 1C�2'. Rlo�ser Lane D +u r ham ...,-- C0. • .. :5 9 -3 5.22 Ac.0-2-6_=0.--- Fmf-1 F&rce Glaser Lwhe Pvt - in I PP IAJn , PP pp RECEIVED JAN 2 0 2000 BUTTE COUNTY PLANNING DIVISION --7