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HomeMy WebLinkAboutMUP 02-13PROJECT SUMMARY SHEET FILE #: MUP 02-13 PROJECT TYPE: Minor Use Permit APPLICANT: Wilfred and Deloris Wells ADDRESS: 14879 Nimshew Rd., Magalia, CA 95965 OWNER: same ADDRESS: REPRESENTATIVE: Steve Irsillo Construction (Dez Kirk) ADDRESS: 29 Ridgeview Lane, Oroville, CA 95966 PROJECT DESCRIPTION: Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel PROPERTY ZONED: AR 2.5 (Agricultural Residential, 2.5 -acre parcels) LOCATED: on Nimshew Road approximately 350 feet east of Smokey Way, Magalia AP#: 064-650-019 TOWN/AREA: Magalia GENERAL PLAN DESIGNATION: AR (Agricultural Residential) 1 2 3 4 5 6 7 Application accepted: December 11, 2001 Amount: $ 442.00 Receipt #: 20095 Comments sent to: Development Services Director, Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commission, California Department of Forestry Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Craig Sanders Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: I Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: /-23--0--2- Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12. Newspaper Publication Date:_. / hl' 0 C P G B 13. Planning Commission Hearing(s): Ga/� /�— D a? Cwn,,,. C, o.2 Action taken: Special Conditions: Commission Resolution No. 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: 7 County Center Drive 7 Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 . t Wilfred and Delores Wells, (Item determined to be categorically exempt from environmental review) Minor Use Permit to allow a permanent second dwelling unit on property zoned AR- 2.5 (Agricultural Residential - 2.5 acre parcels). The property is located on the north side of Nimshew Road, approximately 350 feet east of Smokey Way, Magalia. APN 064-650-019 (CBS) (MUP 02-13) It was moved by Commissioner Lambert, seconded by Commissioner Nelson, and carried to approve a Minor Use Permit for Wilfred and Delores Wells subject to the findings and conditions listed below: AYES: Commissioners Lambert and Nelson, and Chairman Mooney. NOES: No one ABSENT: Commissioners Leland and Marin ABSTAINED: No one I. That the project is exempt from the provisions of the California Environmental Quality Act under Section 15303 Class 3(a). Section 15303 includes construction and location of limited numbers of new structures. H. Approve a Minor Use Permit 02-13 for Wilfred and Deloris Wells subject to the following findings and conditions in listed below: A. The proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Project conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280(c) "Standards and Conditions outside designated Urban Areas" 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 Agricultural Residential and zoned AR -2'/i. The Agricultural Residential land use designation allows dwelling units as Primary Uses. The AR -2%i zone allows second dwelling units upon approval of a Minor Use Permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with, and would 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 Second Dwelling Unit is small in relation to the main house on-site and does BUTTE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 28, 2002 PAGE 1 not represent a coverage issue because the parcel is over 8 acres in size. The structure to be used for the second dwelling is not out of character for. the area. 2. The availability of public facilities, services and utilities: The second dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed second dwelling unit would not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The second dwelling unit may lead to a minor increase in vehicle traffic, but this would not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed second dwelling unit would not significantly increase vehicle traffic in the area nor would 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 second dwelling unit. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, 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, because the dwelling unit will be located on a large parcel that can adequately handle the additional dwelling unit. D. The proposed use will comply with each of the applicable provisions of Chapter 24, Section 280, of the Butte County Code. BUTTE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 28, 2002 PAGE 2 Conditions of Approval: Planning Division Prior to issuance of a building permit for the second dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below; (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone; (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located; and (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. Environmental Health Under County Permit, install a septic system that meets Butte County Environmental Health Division requirements for a new dwelling. 4. Connect new dwelling to a public water supply. Fire Department/CDF Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 6. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Building Division 7. Building Permits Required. Prepare four (4) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect. or Registered BUTTE COUNTY PLANNING COMMISSION MINUTES FEBRUARY 28, 2002 PAGE 3 Engineer for non-residential buildings and certain residential buildings. 8. Proposed improvements shall comply with Title 24 energy conservation regulations. _ Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. 9. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. Other 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and - regulations. t BUTTE COUNTY PLANNING COMMISSION, MINUTES FEBRUARY 28, 2002 PAGE 4 0 Wilfred and Delores Wells, (Item determined to be categorically exempt from. environmental review) Minor Use Permit to allow a permanent second dwelling unit on property zoned AR- 2.5 (Agricultural Residential — 2.5 acre parcels). The property is located on the north side of Nimshew Road, approximately 350 feet east of Smokey Way, Magalia. APN 064-650-019 (CBS) (MLTP 02-13) Mr. Sanders gave a brief summary of the project. The hearing was opened to the public. Mr. Wells explained that they wanted to add a guest house. The hearing was closed. Mr. Meleka concurred with staff's recommendation to approve the Minor Use Permit for Wilfred and Delores Wells subject to the findings and conditions listed below: I. Recommend that the Planning Commission find that the project is exempt from the provisions of the California Environmental Quality Act under Section 15303 Class 3(a). Section 15303 includes construction and location of limited numbers of new structures. II. Recommend approval of Minor Use Permit 02-13 for Wilfred and Deloris Wells to the Planning Commission, subject to the following findings and conditions in Exhibit A: r A. The proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Project conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280(c) "Standards and Conditions outside designated Urban Areas" 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 Agricultural Residential and zoned AR -2%i. The Agricultural Residential land use designation allows dwelling units as Primary Uses. The AR -2%z zone allows second dwelling units upon approval of a Minor Use Permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with, and would 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 0 BC PLANNING SERVICES MEETING 0 MINUTES 0 FEBRUARY 13, 2002 0 PAGE 1 • 0 Second Dwelling Unit is small in relation to the main house on-site and- does not represent a coverage issue because the parcel is over 8 acres in size. The structure to be used for the second dwelling is not out of character for the area.- I.. 2. The availability of public facilities, services and utilities: The second dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed second dwelling unit would not change the traditional architectural style that is of a character consistent with an agricultural residential neighborhood. The second dwelling unit may lead to a minor increase in vehicle traffic, but this would not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed second dwelling unit would not significantly increase vehicle traffic in the area nor would 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 second dwelling unit. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, 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, because the dwelling unit will be located on a large parcel that can adequately handle the additional dwelling unit. D. The proposed use will comply with each of the applicable provisions of Chapter 24, 0 BC PLANNING SERVICES MEETING 0 MINUTES 0 FEBRUARY 13, 2002 0 PAGE 2 Section 280, of the Butte County Code. Conditions of Approval: Planning Division Prior to issuance of a building permit for the second dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below; (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone; (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located; and (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. Environmental Health 3. Under County Permit, install a septic system that meets Butte County Environmental Health Division requirements for a new dwelling. 4. Connect new dwelling to a public water supply. Fire Department/CDF Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 6. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Building Division 7. Building Permits Required. Prepare four (4) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. 0 BC PLANNING SERVICES MEETING 0 MINUTES 0 FEBRUARY 13, 2002 0 PAGE 3 Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 8. Proposed improvements shall comply with Title 24 energy conservation - regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. 9. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. Other 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. t 0 BC PLANNING SERVICES MEETING 0 MINUTES 0 FEBRUARY 13, 2002 0 PAGE 4 0 Y DEPARTMENT OF DEVELOPM T SERVICES BUTT OUNTY UNIFORM APPWCATION APPLICANT: Agent information to be provided is on other side: APPLICANT'S INAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: ADDRESS- CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 14 9 � -/h5 eta �< cS� u.Po')�-13 NAME OF PROPOSED PROJECT (If any) TELEPHONE LOCATION OF PROJECT ( Major cross streets and Address, if any ) GENERAL INFORMATION REOUIRED I OWN SNA E TELEPHONE ADDRESS:IL� 13� l `M R�.`.`, 1 f I C j \ & Z>PCC — -1 J l �t'r— -r-4 ZONE \. GENERAL PLAN EXISTINCr LAND SE SITE SIZE ( in Square Feet or Acres ) �'S i i'�o %- 5'3,4 -c - EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) (Check One) (Check One) O PROPERTY IS OR PROPOSED TO BE SEWERED Ok PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER A PROPERTY IS OR PROPOSED TO BE ON SEPTIC 0 PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED 0 GENERAL PLAN AMENDMENT 0 ' TENTATIVE SUBDIVISION MAP 0 REZONE O U E 0 TENTATIVE PARCEL MAP 0 USE PERMIT D 0 WAIVER OF PARCEL MAP Ok MINOR USE PERMIT DEC 1 1 2001 O BOUNDARY L&E MODIFICATION O VARIANCE 0 LEGAL LOT DETERMINATION 0 MINOR VARIANCE BUTTE COUNTY p"nNNING DIVISION CERTffICATE OF MERGER 0 ADMINISTRATIVE PERMIT 0 MINING AND RECLAMATION PLAN 0 DEVELOPMENT AGREEMENT 0 OTHER PROJECT DESCRIP'T'ION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) _ _ cc ,, 1 , ` Q a gl w.41 ro 41'&c &4at v OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT O THE R OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY r ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization an d affid it wi this application.) DATE: 1 �— ©��— SIGNATURE: r 14 u Y. . • AGENT AUTHORIZATION To Butte County, Department of Development Services, S-6-0¢_ O12S t tl 6 (26Us�4t O &J — � Print Name of Agent and Phone Number Mailing Address /?- J�- is hereby authorized to process this application for 101iIZO 10un'"e-1 on my property, identified as Butte County Assessor Parcel Number ®(4 - 0 t cl _po 6 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title . interest. Owner(s) of Record: (sign and print name) Print Name tosils Print Name Signature signature Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: \ b Total Amount Received: /� 4la _,0 0 AP Number(s) � Legal Description Owners Authorization Zoning Requirements Proiect Description Copies of plot plan Taken by Receipt No. aO095 E.H. LD Plan 3 O FD Pavment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. (L Current fee for this application is $ 4 ,�. 6C) as of lo -1-111 o Make check payable to "Butte County Treasurer". �ECEJ � 1 MINOR USE PERMITFats I I i L APPLICATION PACKET CHECKLIST J BUTTE COUNTY °LANNiN6 DIVISIw i 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 1. Rf Planner 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. Pa ment 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) Twenty (20) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets norg eater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11 ". The detailed site plan must include: Name and address of Applicant, Engineer and/or Architect Property lines and lot dimensions Assessor Parcel Number(s) and the street address. s 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). Proposed method ofsewer and water connection or alternative method of sewage disposal and potable water supply. LJ 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. L"I 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. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 t �;If h.All plans must be clear and legible. 4. A vicinity map 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 above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development_ Serv4ces, Public Works, Environmental Health Division, Butte County Fire Department, or Agricul issi ner. Signature: . t Signature: Planning Receiving Application Date: Date: J IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 n y l 1 s. � 0 G) O �G) C 0.0 ® O ® ® o Q/ O D o O (Q WVD N N cJ N cN - op p w va w W Ire • /(C� T } N it � • �� C � f y s � _ iii + `' i I f 1. v w i� - i 1 � P ti . ` . . , ` �. 4 � T r • �t • _ a ''• - I � • � 1 . } ~ l• � w .. t - � ♦ t _ �, _ � . p � y 0 9 064650019000 J:\projects\Lazrys\Exhibits\mup02l3.doc WELLS WILFRED J & DELORES A 14879 NIMSHEW RD MAGALIA CA 95954 064230014000 064230015000 SCOPINICH KERRY ANN HOCKSTAFF PAUL 6383 MOLINARI CT 835 CAMELLIA DR APT D MAGALIA CA 95954 PARADISE CA 95969-3824 064230017000 064230032000 DELOACH CHARLES P & DOROTHY A FORD WANETA L TRUSTEE P O BOX 636 14784 CARNEGIE RD MAGALIA CA 95954 MAGALIA CA 95954 064230034000 HARDY ERNEST W & HARRIETT A 14792 CARNEGIE ROAD MAGALIA CA 95954-9107 064650006000 LUDY CHERYL 6068 MYAMBER CT MAGALIA CA 95954 064650013000 STURGAL RAYMOND E & ANNA I 14806 NIMSHEW RD MAGALIA CA 95954 064650017000 GATES DANIEL J P O BOX 1486 MAGALIA CA 95954 064650025000 HOLMAN CLYDE R & FRANCES B 14874 NIMSHEW RD MAGALIA CA 95954 064650028000 BERGE CARL A & CHERYL S 14898 NIMSHEW RD MAGALIA CA 95954 064230035000 DOVE TERRENCE LEE & SUSAN LEE POBOX I8 MAGALIA CA 95954 064650007000 BENTLEY WAYNE ALLEN ETAL 14916 NIMSHEW RD MAGALIA CA 95954 064650015000 SCHUENEMEYER MARVIN A ETAL 14849 SMOKEY WAY MAGALIA CA 95954 064650018000 HAYES THOMAS A SS P O BOX 1626 MAGALIA CA 95954 064650026000 EMMONS JAMES R & VICKI M ARNOLD 14894 NIMSHEW RD MAGALIA CA 95954-9694 064650029000 HARE RICHARD F & ADRIANNA M 14814 SMOKEY WAY MAGALIA CA 95954 064770008000 064770009000 BENEDICT CHARLES R & GERALDINE RANDALL DONALD SEXTON ETAL 6093 TIMBER RIDGE DR 6069 TIMBER RIDGE DR MAGALIA CA 95954 MAGALIA CA 95954 STEVE IRSILLO CONST. 29 RIDGEVIEW LN OROVILLE CA 95966 064230016000 BARTO JOHN A III & LINDA D 14791 CARNEGIE RD MAGALIA CA 95954 064230033000 PAYNE DENISE E ETAL 14790 CARNEGIE RD MAGALIA CA 95954 064650005000 SIMMONS HOWARD W & JOYCE A 14911 NIMSHEW RD MAGALIA CA 95954-9694 064650011000 OAKEY MICHAEL J P O BOX 1281 ALAMO CA 94507 064650016000 GUERTS LYNDI K 14848 SMOKEY WAY MAGALIA CA 95954 064650024000 YORK RUSSELL E & JOAN C 6070 PARTRIDGE WAY MAGALIA CA 95954 064650027000 BROOKS ROBERT O & LORENE A 6309 BENTLEY CT MAGALIA CA 95954 064750002000 MCKINNEY JOHN & MARGITTA 6131 SHOWDOWN CIR MAGALIA CA 95954 F1 a r APPENDIX A W f '5 2002 NOTICE OF EXEMPTION CANDnc' . Rue s. BUTTE CO. CLERK DEPUTY 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 02-13, Minor Use Permit Assessor's Parcel No.: 064-650-019 Applicant: Wilfred and Delores Wells, 14879 Nimshew Rd., Magalia, CA 95965 Project Location -Specific: on Nimshew Road approximately 350 feet east of Smokey Way, Magalia. Project Location -City: Magalia Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a permanent second dwelling in the AR - 2.5 zone on a 8.53 acre parcel. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) _ Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: Craig Sanders If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signature, M. of Meleka Principal Plann r j:\linda\noe.nod\noe#3 •� • DECLARATION OF FEES DUEjo (California Fish and Game Code Section 71 .4) NAME AND ADDRESS OF APPLICANT Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 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 () 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). 20311 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: M. A. Meleka Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: March 14, 2002 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. -�.� COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 42224 RECEIVED FROM PLANNING SAO #316 LSA TE X1112002 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 3-t! RECEIPTS: 20309-20315 PLANNING APPL FEES GENL DOCUMENT/COPY SALES GENL 0010 480001 4210900 101001 0010 480001 4711910 101001 NODINOE CLERK'S FILING FEE GENL D01D 47ODD1 4617319 101001 ($25) Project Number Amount of Fee MUP 02-13 $25.00 APPROVED BY. 'RECEWED AUDITOR -CONTROLLER TREASURER d4L By. /J white=treasurer prnk=audrttior " cartaq depositor golden rod=file 575.00 5.80 25.00 TOTAL $ 605.80 0 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 RE: MUP 02-13 APN## 064-650-019 Dear Mr. & Mrs. Wells: Enclosed is Receipt No #20493 in the amount of $92.00 for the above -referenced file. As of this date, the account has a zero balance and is closed. Your quick response has been greatly appreciated. Thank you. Sincerely, 0.— Diane Lewellen Office Assistant III Enclosure Mup 02-13.Itr 6,atte County L A N D- O F N A T.0 R A L W E A L T H A N D B E A U T Y x_n.;k ir{�;rrt 3 ;:. u t,�;. u •.: DIRECTOR'S OFFICE <'': DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.bunecounty.net May 7, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 RE: MUP 02-13 APN## 064-650-019 Dear Mr. & Mrs. Wells: Enclosed is Receipt No #20493 in the amount of $92.00 for the above -referenced file. As of this date, the account has a zero balance and is closed. Your quick response has been greatly appreciated. Thank you. Sincerely, 0.— Diane Lewellen Office Assistant III Enclosure Mup 02-13.Itr • • Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 RE: MUP 02-13 APNf# 064-650-019 Dear Mr. & Mrs. Wells: Eutte Count L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buftecounty.net A letter dated March 25, 2002, was mailed to you requesting that you remit a check payable to the Butte County Treasurer in the amount of $92.00 because the costs to process your above -referenced application exceeded your deposit of $350.00 by $92.00. We have not yet received payment. Please make a check payable to the Butte County Treasurer in the amount of $92.00 and remit it to the Planning Division at 7 County Center Drive, Oroville, California 95965 within 15 calendar days. Should we not receive your final payment, we must turn this account over to Butte County Central Collections. Should you have any questions, please contact me at 538-7601 Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, Diane Lewellen Office Assistant III Attachment Mup 02-13.Itr2 March 25, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 RE: MUT 02-13 APN# 064-650-019 Dear Mr. & Mrs. Wells: �utt6 �ii L A N D O F N A T U R A L W E A L T H A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net The total cost for the processing of the above -referenced application which was approved by the Planning Commission on February 28, 2002, is $442.75. On December 11, 2001, a deposit was made in the amount of $350.00. The cost exceeded the deposit by $92.00. Below is a breakdown: Deposit on 12/11/01, Receipt #20095 $ 350.00 Professional Planner $ 177.00 Mapping $ 73.75 Clerical $ 192.00 Total $ 442.00 Total Amount Due & Payable $ 92.00 Please make a check payable to the Butte County Treasurer in the amount of $92.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Diane Lewellen Office Assistant III mup 02-13.Itr ,bate ^03/22/02 Tiime 12:35 pm MUP 02-13 tevelopment Services DepartfInt Applicant Billing Worksheet WILFRED AND DELORES WELLS 14879 NIMSHEW RD. MAGALIA, CA 95965 Rounding : None Full Precision : No Last bill Last charge 03/01/02 Last payment / / Amount Date/Slip# Description 12/08/01 Diane L. / C #38367 Clerical 12/08/01 Larry P. / P #38380 Processing 01/05/02 Craig S. / P #38777 Processing 01/19/02 Lynn R. / C #38868 Clerical 02/02/02 Lynn R. / C #39027 Clerical 02/16/02 Lynn R. / C #39280 Clerical TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS : $0.00 Page 4 HOURS/RATE AMOUNT TOTAL 3.00 102.00 34.00 1.25 73.75 59.00 3.00 177.00 59.00 1.00 45.00 45.00 0.75 33.75 45.00 0.25 11.25 45.00 9.25 TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 12/11/01 Deposit - Receipt #20095 (350.00) $442.75 $0.00 $442.75 TOTAL PAYMENTS/REFUNDS/CREDITS ($350.00) _171 ;-Date!03/22/02 Development Services Departfnt Time 12:35 pm Applicant Billing Worksheet MUP 02-13 :WILFRED AND DELORES WELLS (continued) NEW BALANCE New Current period 92.75 Page 5 TOTAL NEW BALANCE $92.75 Complete items 1, 2, 3W. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ,Uilfred and Delores Wells 14879 Nimshew Road gagalia, CA 95965 A. Signature X 11 Agent ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery Lr/ �_��,pZ D. Is delivery address different from item 1? ❑ Yes If.YES, enter delivery address below: ❑ No 3. Servic pe ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. fj$ 1�7 al4 Od? 13 C. 14. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Numberi 1 1 I - / (rransfer from service label) (1 %DD ��l9.r� Q� QS PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 UNITED STATES w L SERVICE dr� • Sender: Please pri f First -Class Mail C,9 Posta e & F'9es-Paid- ..�.,�� =USPS P M cD A Permit No: 6-1A:_ ur name, address, and ZIP+4 in this box • COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965p3W _ ��-�� �. _'-•=��+ 11;1"�I,I�l�l�t�ll���l,t„�lL��lI�1,1��1„�1lh��L,JL��II March 25, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 RE: MUP 02-13 APN# 064-650-019 Dear Mr. & Mrs. Wells: :t .__ .. u to Count, , L A N D O F NATURAL WEALTH A N D B E A U T Y DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net The total cost for the processing of the above -referenced application which was approved by the Planning Commission on February 28, 2002, is $442.75. On December 11, 2001, a deposit was made in the amount of $350.00. The cost exceeded the deposit by $92.00. Below is a breakdown: Deposit on 12/11/01, Receipt #20095 $ 350.00 Professional Planner $ 177.00 Mapping $ 73.75 Clerical $ 192.00 Total $ 442.00 Total Amount Due & Payable $ 92.00 Please make a check payable to the Butte County Treasurer in the amount of $92.00 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Diane Lewellen Office Assistant III mup 02-13.Itr satte, Count L A N D 0 F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 March 14, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 CERTIFIED MAIL Re: Minor -Use Permit, AP 064-650-019 Mr. and Mrs. Wells: Enclosed is your validated Minor Use Permit No. MUP 02-13 to allow Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Eric. cc: Land Development Division (g,' Building Division (y) Environmental Health (p) Department of Forestry (gr) t' 0< r MINOR USE PERMIT • BUTTE COUNTY PLANNING COMMISSION DATE: MAR 15 2002 Certified Mail Rec.) MUP 02-13 PERMIT NO. 064-650-019 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Wilfred and Deloris Wells, are hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a permanent Second Dwelling Unit, in an non -urban area zoned AR 2 % on an 8.53 acre parcel. 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. 24-41. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to 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, or their respective designee, 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. 4. If any use for which a Minor 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. 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. Conditions of Approval: Planning Division Prior to issuance of a building permit for the second dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below; (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel • containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone; (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements; and setback standards of the zone in which the parcel is located; and (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. Environmental Health Under County Permit, install a septic system that meets Butte County Environmental Health Division requirements for a new dwelling. 4. Connect new dwelling to a public water supply. Fire Department/CDF 5. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 6. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Building Division 7. Building Permits Required. Prepare four (4) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. 8. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. 9. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those. in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. Other 2 9 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. _ . Butte County Planning Commissio hairman CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Assessors Office 3 D 0 d'- 9 0 APPROVED Development Plan TE _a-, S 0 �,- iE PERMIT VARIANCE [NOR UP. ZADM.PERMIT PLANNING COMMISS. DIRECTOR OF DEVELOPMENT SERVICES U HoAl &-t4 FAA L,T>I Nfr N l Mew, f L I''%I bo' '0 � VJw . oc 1 0 0 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Wilfred and Delores Wells, MUP 02-13 DATE: March 14, 2002 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 064-650- 019, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel, on Nimshew Road approximately 350 feet east of Smokey Way, Magalia,AR 2.5 (Agricultural Residential, 2.5 -acre parcels) March 1, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 B E A U T Y 7 COUNTY CENTER DRIVE OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 064-650-019, MUP 02-13 Dear Mr. and Mrs. Wells: At the regular meeting of the Butte County Planning Commission held February 28, 2002, your request for a Minor Use Permit, was approved subject to the conditions listed on the permit. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, March 11, 2002. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. For purposes of the California Environmental Quality Act, a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. You will receive your valid permit, if there are no appeals, after it has been signed by the Planning Commission Chairman. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Planning Commission From: Craig Sanders, Senior Planner Subject: Consent Agenda Item - Wilfred and Deloris Wells, Minor Use Permit. MUP 02- 13 Date: February 19, 2002 Attachments: A. Planning Manager Agenda Report with attachments B. Planning Manager Minutes On February 13, 2002, a Planning Manager's hearing was held on the above referenced project. Staff has not received any written or verbal comments from any neighbors. No testimony objecting to the application was provided. The applicant was present at the hearing. The Planning Manager recommends that the Planning Commission approve the Minor Use Permit to construct a second single-family dwelling on property zoned AR -2.5. subject to the findings and conditions listed in the February 13, 2002, Planning Manager's Minutes. This is a Consent Agenda item, and if the Commission takes any action other than that recommended by the Planning Manager, this item must be pulled from the Consent Agenda and set for a full public hearing at a later date. February 19, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 �.•:. -.� utte Count Gi%�•�- . LAND 0 NATURAL WEALTH AND B E A U Ti Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 064-650-019, MUP 02-13 Dear Mr. and Mrs. Wells: At the regular meeting of the Planning Manager on February 13, 2002, your request for a Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel was recommended for approval. An approval recommendation by the Planning representative, has been forwarded to the Planning Commission as a consent item for final action on February 28, 2002, at 9:30 a.m., in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Consent items are set for approval in one motion. These items are considered non -controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter, please contact Craig Sanders at this office. Sincerely, Lynn Richardson P lanning/Administrative Support Service Assistant Ir j utte county _ L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 February 5, 2002 Wilfred and Delores Wells 14879 Nimshew Rd. Magalia, CA 95965 Re: Minor Use Permit, AP 064-650-019, MUP 02-13 Dear Mr. and Mrs. Wells:: Your request has been scheduled for hearing in front of the Planning Manager on February 13, 2002, at 9:00 a.m. The meeting will be held in the Planning Division Conference Room, at 7 County Center Drive, Oroville, California. A recommendation by the Planning representative will be forwarded to the Planning Commission as a consent item for final action. Consent items are set for approval in one motion. These items are considered non -controversial. No presentations will be made, however, some questions may be asked. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. The Minor Use Permit will be issued after approval by the Planning Commission. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, `G��GGd L Richardson Planning/Administrative Support Service Assistant Ir r, BUTTE COUNTY PLANNING MANAGER AGENDA REPORT - FEBRUARY 13, 2002 Applicant: Wilfred and Deloris Wells. File #: MUP 02-13 Request: Minor Use Permit for a second dwelling unit in an AR 2 %z zone G.P.: Agricultural Residential Zoning: AR -2%z (Agricultural Residential -2 `/z acre minimum parcel size) APN: 064-650-019 Location: On the north side of Nimshew SUMMARY: Road, approximately 350 feet east of Smokey Way, Magalia Parcel Size: 8.53 acre Supervisor District: 5 Attachments: A: Conditions of Approval B: Vicinity Map C: General Plan/Zoning Map D: Public Notice Map E: Site Plan Staff recommends approval of the Minor Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant proposes to add a new 640 -square foot dwelling unit on a parcel with an existing single family dwelling. The new 1 -bedroom unit will have an attached garage and covered porch. The new structure will be located approximately 100 feet away from Nimshew Road. The dwelling will be served by a new septic system and public water supply. ANALYSIS: The AR -2% zone allows a second dwelling unit with approval of a Minor Use Permit. The Second Dwelling Ordinance (Butte County Code section 24-280) permits a second dwelling unit in non- urban areas when the parcel has at least twice the minimum parcel size stipulated by the zone, which in this case is five acres. The applicant's property (8.53 acres in size) is consistent with the minimum size requirements of the Second Dwelling Ordinance. The project site is designated Agricultural Residential by the Butte County General Plan, which lists dwelling units as a Primary Use. 0 BUTTE COUNTY PLANNING MANAGER 0 AGENDA REPORT 0 PAGE 1 0 No significant impacts are expected due to the proposed second dwelling unit. The second dwelling unit would result in additional vehicle traffic on Nimshew Road and ultimately on Skyway, but the increase would not cause any significant impacts to vehicle circulation. The Environmental Health Department requests that sanitation clearance be obtained prior to issuance of a building permit. The Fire Department/CDF requests that development of the second dwelling unit comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), including the installation of building identification and/or addresses. CEQA ISSUES: This application for a Minor Use Permit to allow a Second Dwelling Unit is Categorically Exempt from environmental review under Section 15303 Class 3(a). Class 3 includes construction and location of limited numbers of new, small facilities, or structures. Subsection (a) includes one single-family residence, or a second dwelling unit in a residential zone. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Manager take the following actions: I. Recommend that the Planning 'Commission find that the project is exempt from the provisions of the California Environmental Quality Act under Section 15303 Class 3(a). Section 15303 includes construction and location of limited numbers of new structures. II. Recommend approval of Minor Use Permit 02-13 for Wilfred and Deloris Wells to the Planning Commission, subject to the following findings and conditions in Exhibit A: A. The proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Project conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280(c) "Standards and Conditions outside designated Urban Areas" 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 Agricultural Residential and zoned AR -2Y2. The Agricultural Residential land use designation allows dwelling units as Primary Uses. The AR -2%2 zone allows second dwelling units upon approval of a Minor Use Permit.. B. The location, size, design, and operating characteristics of the proposed use will be compatible with, and would not adversely affect, or be detrimental to adjacent uses, 0 BUTTE COUNTY PLANNING MANAGER ■ AGENDA REPORT 0 PAGE 2 ■ residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the Second Dwelling Unit is small in relation to the main house on-site and does not represent a coverage issue because the parcel is over 8 acres in size. The structure to be used for the second dwelling is not out of character for the area. 2. The availability of public facilities, services and utilities: The second dwelling unit would not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed second dwelling unit would not change the traditional architectural style that is of a character consistent with an agricultural residential- neighborhood. The second dwelling unit may lead to a minor increase in vehicle traffic, but this would not be significant. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed second dwelling unit would not significantly increase vehicle traffic in the area nor would 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 second dwelling unit. 6. Any other relevant impact of the proposed use: I The Planning Division has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be 0 BUTTE COUNTY PLANNING MANAGER 0 AGENDA REPORT 0 PAGE 3 0 operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity, because the dwelling unit will be located on a large parcel that can adequately handle the additional dwelling unit. D. The proposed use will comply with each of the applicable provisions of Chapter 24, Section 280, of the Butte County Code. ■ BUTTE COUNTY PLANNING MANAGER 0 AGENDA REPORT 0 PAGE 4 ■ EXHIBIT'A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: Certified Mail Ree.) MUP 02-13 PERMIT NO. 064-650-019 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Wilfred and Deloris Wells, are hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a permanent Second Dwelling Unit, in an non -urban area zoned AR 2 %2 on an 8.53 acre parcel. 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. 24-41. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently -with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to 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, or their respective designee, 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. 4. If any use for which a Minor 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. 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. Conditions of Approval: Planning Division Prior to issuance of a building permit for the second dwelling unit, the property owner shall 0 BUTTE COUNTY PLANNING MANAGER ■ AGENDA REPORT ■ PAGE 5 0 execute and record a covenant running with the land. A copy of the recorded covenant shall be submitted to the Planning Division and the Building Division. The covenant shall be on a form approved by the Department of Development Services and shall: (a) Stipulate the occupancy requirement of Condition 2, below; (b) Prohibit any land division, merger, or lot line adjustment that results in a parcel containing the two dwellings, which is less than twice the minimum parcel size requirement of the zone; (c) Stipulate that any land division proposing to place the dwellings on separate parcels must meet all the zoning and development requirements for dividing land in Butte County, including, but not limited to: lot size, lot configuration, septic requirements, and setback standards of the zone in which the parcel is located; and (d) Stipulate that if all such zoning and development requirements cannot be met, the parcel shall not be divided. 2. The owner of the parcel or lot must occupy either the main dwelling or the Second Dwelling Unit. Environmental Health Under County Permit, install a septic system that meets Butte County Environmental Health Division requirements for a new dwelling. 4. Connect new dwelling to a public water supply. Fire Department/CDF Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 6. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Building Division 7. Building Permits Required. Prepare four (4) sets of construction plans and make an application for permit. Construction shall comply with federal, state, and local regulations. Plans shall be prepared, sealed and signed by a California Licensed Architect or Registered Engineer for non-residential buildings and certain residential buildings. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. 0 BUTTE COUNTY PLANNING MANAGER 0 AGENDA REPORT 0 PAGE 6 ■ 9. Development fees for the proposed residential or non-residential improvements shall be paid prior to the issuance of building permits. The fees shall be those in effect at time of application, and shall include, but not be limited to, School Fees, Park and Recreation District fees, Water and Sewer Service Fees, Permit and Plan Check fees, and Fire Protection Fees. Other 10. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. _ Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Butte County Fire Department/CDF Assessors Office 0 BUTTE COUNTY PLANNING MANAGER 0 AGENDA REPORT ■ PAGE 7 0 cc Vicinity Map V/ fL Project Location rul rows. PARADISE it -21 ler 7z MUP 02-13 064650-019 ,.,.,�r,4�» tia✓ �� �#it Fah � �,�., w�4 � is 4 C ...1• A •_Y ,>a y Pro'ect Location Pilgniti LCt 4 5yj ' .. rE a' ;•�f jli<''Y~<3�1a�.. �,X 4 r G.''_t7`a.t��. �^Y w<3t}.. 7 �3C,a 1 �,.£k r 01 �a.� t3 f* �s f vv t F "' 1 ♦<S/.J`�`.. y!,y r s J 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Wilfred & Deloris Wells Owner: Same Hearing Date: February 13, 2002 @ 9:00 am. Existing Zone: AR -2.5 (Agricultural Residential, 2.5 ac. min.) N Supervisorial Request: Minor Use Permit to allow a permanent second dwelling on a 8.53 acre parcel. District # 5 Assessor Parcel No: 064-650-019 Ft1e:MUP 02-13 IF • �4klg <�f I , QeS a2,di2- vIgw C� 021�vt d -E '�dac_Im"'R.Ph�i•![�tfa7eecr��enre�r�� �fva�vrn. — BUTTE COUNTY" ANNING DIVISION 03+1 � o m v� o — • �4klg <�f I , QeS a2,di2- vIgw C� 021�vt d -E '�dac_Im"'R.Ph�i•![�tfa7eecr��enre�r�� �fva�vrn. — BUTTE COUNTY" ANNING DIVISION 03+1 BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION NOTICE OF PROPOSED MINOR USE PERMIT Notice is hereby given that the Butte County Planning Manager is proposing to grant a Minor Use Permit to allow a permanent second dwelling unit for Wilfred and Deloris Wells on property zoned AR -2 1/2 (Agricultural Residential - 2 1/2 acre parcels), identified as APN 064-650-019. The property is located on the north side of Nimshew Road, approximately 350 feet east of Smokey Way, Magalia. (CBS) (MUP 02-13) Persons wishing to comment on the project may submit written comments to the Butte County Planning Division anytime prior to February 8, 2002. The Development Services Director shall consider all comments in determining if the application meets all of the conditions and criteria. Upon finding that the proposed use does or will meet all of the conditions and criteria, the Director of Development Services will hold a hearing on February 13, 2002, at 9:00 a.m., at 7 County Center Drive, Oroville. Any interested person may attend this hearing. The decision of the Director of Development Services will be submitted to the Planning Commission for final approval. If recommended for approval, this item will be on the Planning Commission Consent Agenda. 0 • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: DEVELOPMENT SERVICES DIRECTOR FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP 02-13 DATE: December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acrean reel on property zoned AR 2.5 (Agricultural Residential, -a r an rcelsl located on Nimshew Road approximately 350 feet east of Smokey Way, Magalia, identified as APN 064-650-019. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001, If no comments or communications are received by, the above elate, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION CALIFORNIA DEPARTMENT OF FORESTRY ZOM: Butte County Planning Division E: Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP 02-13 kTE: December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel on property zoned AR 2.5 (Agjjcultural Residential,5-a r an rcelsl located on Nimshew Road approximately_ 350 feet east of Smokey Way.,Magalia, identified as APN 064-650-019. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001. /f'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): BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Wilfred and Deloris Wells DATE: December 17, 2001 AGENT: APN: 064-650-019 FILE #: MUP 02-13 PLANNER: Craig Sanders PROJECT DESCRIPTION: Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS FIRE PROTECTION 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to constructior_ of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 vitonme�°�a�Heath BUTTE COUNTY Environmental Health DEPARTMENT OF DEVELOPMENT SERVICES DEC 18 2001 PLANNING DIVISION of lied1 ultlp- NMENTAL HEALTH Chico, CA CSI QA'I�4 Butte County Planning Division RE: Request for Comments on a Development Application~ Wilfred and Deloris Wells, MUP 02-13 DATE: December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Deterniine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling i4the AR 2.5 zone on a 8.53 acreap rcel on property zoned AR 2.5 (Agricultural Residential, -a .r .Ma _ an rcels) located on Nimshew Road az proximately 350 feet east of Smokey Way�.,, galia, identified as APN 064-650-019: Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27, 2002- COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001. /f 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): E EO WE DEC 31 2001 BUTTE COUNTY PLANNING DIVISION 1, Y • � 1 BUTTE COUNTY \ DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: PUBLIC WORKS DIRECTOR FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP 02-13 DATE: December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this continent sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acreap rcel on property zoned AR -2.5 (Agricultural Residential, -a r ap rcelsl located on Nimshew Road approximately 350 feet east of Smokey Way, Magalia, identified as APN 064-650-019. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27,2002- COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001. 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): Lo Date: 01/ZO Z—AzrdO Z RECEIVE® DEC 17 2001 LAND DEVEELONTY PM PIT DIV, TO: FROM: RE: DATE: • • L.AFCo BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo DEC 19 2009 Oroville, California Butte County Planning Division Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP.02-13 December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Detemiine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acrean reel on property zoned AR 2. Agricultural Residential, -a .rParcels) located on Nimshew Road approximately_ 350 feet east of Smokey Way, Magalia, identified as APN 064-650-019. Supervisorial District No. 5. d93 -ate THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001, If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. CO MENTS (Attach additional pages if necessary): ef)A Ala, 16 By: _! o/%t rail ter/ n�[.r�e_Q Date: DEPARTMET OF DEVELOPME T SERVICES BUTTE LINTY UNIFORM APPWCATION 'PLICANT: Agent information to be provided is on other side: APPLICANT'S INAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: 04o4-6 (7 ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE PSE) 14 % r) fea Lu CA e,15,11 NAME OF PROPOSED PROJECT (If any) / TELEPHONE 53)) 1133 .. LOCATION OF PROJECT ( Major cross streets and Address. if any ) I' GENERAL INFORMATION REOUIRED OWN SNA E TELEPHONE ( vei) X 33 --;LX'? ADDRESS:1 tt� 3l ' V J M,S 6� \ &ZIP CODE: t— q J 1 -4�4 rt%A4 OrCA— NE ZONE GENERAL PLAN XI ESTINq.. LAND SE SITE SIZE ( in Square Feet or Acres 1 EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) 5 1n; L&r S t •� % ���, (Check One) (Check One) O PROPERTY IS OR PROPOSED TO BE SEWERED Ok PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC 0 PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED 0 GENERAL PLAN AMENK—:N O TENTATIVE SUBDIVISION MAP 0 REZONE 0 TENTATIVE PARCEL MAP I7 USE PERMIT D WAIVER OF PARCEL MAP Ok MINOR USE PERMIT0 BOUNDARY LLNE MODIFICATION 0 VARIANCE 0 LEGAL LOT DETERMINATION 0 MINOR VARIANCE CERTIFICATE OF MERGER 0 ADMINISTRATIVE PERMIT 0 MINING AND RECLAMATION PLAN 0 DEVELOPMENT AGREEMENT 0 OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division. describe the number and size of parcels.) S 'b S S 4't a Ca,n t ry -lam w i1 �' t CE', Q 6ax OWNER CERTIFICATION 1 CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT O R OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized. execute an affidavit of authorization an w aiitd it w' this application.) DATE: I �— ©S— , SIGNATURE: f/ TO: FROM RE: DATE: BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION AGRICULTURAL COMMISSION Butte County Planning Division Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP 02-13 December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this continent sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel on property zoned AR 2.5 (Agricultural Residential, -a r an rcelsl located on Nimshew Road approximately 356 feet east of Smokey Way, Magalia, identified as APN 064-650-019. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE.PLANNING MANAGER - ON February 27, 2002, COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001. 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 drt�t��x.tp� . WQ_ CD�1'4tyw Date: 1 FriC r^ 1 D' n I 0 l�- ----------------- ; : I ---------- AP 064-650-019 Wilfred Wells MUP 02-13 16 WIM Location X TM.5 AK '2 4, NIV 11 17 t136 :INN WIN MM -was V_ WAR Mim mi To;� W�w _2 W =_ wit -S 174 77%1 01 '_ I V �� 71,-, "A' � 'iL.` - I I wm 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Wilfred & Deloris Wells Owner: Same Hearing Date: Existing Zone: AR -2.5 (Agricultural Residential, 2.5 ac. min.) N Supervisorial Request: Minor Use Permit to allow a permanent second dwelling on a 8.53 acre parcel. District # 5 1 Assessor Parcel No: 064-650-019 FUe:MUP 02-13 0 • LEAD IN SHEET -- f• 11Mmill_ 1/ A-111111 MUM M-Mey.1welbsell, OWNER: REPRESENTATIVE: Steve Irsillo Construction (Dez Kirk) 29 Ridgeyiew Lang. Oroville., CA 95966 ' • Minor Permit forpermanent second dwellin,g in the ._R 2.5 zone on a 9.53 parcelacre SIZE: • • • •1 \ 11 1"• M/el ell •. Ile 1 • 111,-/�•� SUPERVISORAL DISTRICT # 5 EXISTING ZONING: AR 2.5 (Agricultural Residential, 2._5-acrean rcels) ZONING HISTORY: zoned 4/14/98 ORD 3418 • • • � • :: _ 1 . ell .: 11 e • 1 � • � 1 - • 1 SITE HISTORY: GENERAL PLAN DESIGNATION: AR (Agricultural Residential) APPLICABLE REGULATIONS: 24-280 (c) LEAD IN SHEET FILE NO: 111K2 CQ' l .3 AP# 0 G Y- &-f D - 4917 S APPLICANT:—T f, �_ �Ni<r•s��� /J 9Ti�J� OWNER:__ REPRESENTATIVE:Q0t�a' aq REQUEST: Yl'1 t.✓ �� v4P� ,p �c ,yr i T j-9 .e A a &x a �T ddi - ll ; V A R J S 2�.-� e- ;,,,. .A SS S 3 0 gr�e L SIZE: W, LOCATION: QAJ �,� r�c� �,�.0 �.�0,�. �.�� 310 SUPERVISORAL DISTRICT #�_V 6y--�i EXISTING ZONING: a ZONING HISTORY: �U,-,? SURROUNDING ZONING:2 SURROUNDING LAND USE: SITE HISTORY: rt -2 GENERAL PLAN DESIGNATION: APPLICABLE REGULATIONS: no (e-) C ASSIGNED P . NNEM Lrw =17 -me I r• IMICT.Two M-1 02. C� APPLICATION: DATE: County Offices and Cities: Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo Biggs _ Oroville Information Systems Dept. Irrigation District: Butte Water OWID —Table Mountain Irrigation Domestic Water Butte Water District OWID Sewer _ Butte Water District Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts Chico Area Recreation Paradise Recreation & Park Utilities PG&E North - Chico PG&E South - Oroville State Agencies • COMMENT DISTRIBUTION LIST • Develop. Services Director • Assesor BCAG Air Quality Mgmt. _ Gridley Paradise Animal Control —Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation _California Water Service Co. Thermalito InigationDistrict Themalito Irrigation _ L.O.A. PUD _ EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation Dept.Soclal Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Drainage Reclamation Butte Co. Mining Committee _ Paradise Pines Com. Assoc. Mosq. Abatement. Oroville/Butte Co _ Community Association Butte Env.l Council _ Cal Native Plant Society Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy 0 Public Works Director Building Manager _ ALUC _ Butte Co. Farm Bureau Chico _ Chico Airport Commission X Agricultural Commission Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\PLANNING\FORMS\DISTR.LIS 'When recorded mail to: • • Butte County Planning Division 7 County Center Drive Oroville CA 95965 D ECEOVE DEC 1 1 2001 BUTTE COUNTY PLANNING DIVISION OWNERS AFFIDAVIT SECOND DWELLING UNIT Property Owner) I,Latn X, &i fl 6ao&E'1� A- . l/ af—Ls Owner's Address 1 q'6*79 01MSuFa,) (ZT).. M A-GALIA , 0,a gs9S ' "' 9 6�4 Property Address 1 4719 1V1 MSHGW fZD . M AGALIA I OR °� ���q " 6 q Assessor's Parcel #oo4- ASO-on-ocn Minor Use Permit# Property Description Attached as Exhibit "A" I, WiLIMMI .imus b eJo N s A- We jam, owner of the above described property, do declare, that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. This affidavit, which shall be recorded'at my request, shall constitute a covenant running with the land, binding upon me and my heirs, successors and assigns, and limiting the occupancy of one of the dwelling units in accordance with Section 24-280 and as specified above. I declare under penalty of perjury under the laws of the State of California that the foregoing�is true and correct. Executed this 1 day of A vGM,90�t— , 199_, at 1�-^Q156 , California. STATE OF CALIFORNIA COUNTY OF BUTTE On NDy��+P.G�i� �QO/ before me, ,MVV 6FI- 6Q/¢iLlC 613Li'C , personally appeared LVILPIL&O T. w6c" AWJ) Dc Lo2E5 A-• WC -7 -L ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JANET CLARK Commission # 1258479 Notary Public - California Butte County ASITtRE OF N TARY My Comm, WresMar27,2 04 9&35650 `Orde'r No. P-30880 —RD P'> cr S C H E D U L E C The land referred to herein is described as follows: All that certain real property situate in the County of Butte, Unincorporated, State of California, described as follows: All that portion of the South half of the Northeast quarter of the Southwest quarter of Section 14, Township 23 North, Range 3 East, M.D.B. & M., lying Northwesterly of the Northerly line of that certain parcel described in the Deed to the County of Butte, recorded September 17, 1971 in Book 1701, of Official Records, at page 391. Said property is also described as: Parcel 1, as shown on that certain Map which was filed in the office of the Recorder of the County of Butte, State of California, on January 21, 1975 in Book 52 of Maps, at page 38. FEND OF DOCUMENT TO: FROM: RE: DATE: C� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Butte County Planning Division Request for Comments on a Development Application: Wilfred and Deloris Wells, MUP 02-13 December 17, 2001 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit for a permanent second dwelling in the AR 2.5 zone on a 8.53 acre parcel on property zoned AR 2.5 (Agricultural Residential, -a .r .ap rW4 located on Nimshew Road approximately 350 feet east of Smokey Way.,, Magalia, identified as APN 064-650-019. Supervisorial District No. 5. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON February 27, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN December 31, 2001. 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: ' • � I I I CARNEGI£ ROAD i 44 I� Y e - i v Z �J w O n G cD C 0 W, V ct c� rn v. 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Li COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE / OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING 064230015000 HOCKSTAFF PAUL 835 CAMELLIA DR APT D PARADISE CA 95969-3824— NOTICE HOCK835 959692114 1B01 16 01/26/02 RETURN TO SENDER HOCK5TAFF PO BOX 172 PARADISE CA 95967-Ot7R RETURN TO SENDER r7lr��irrir: fr�rt,fl ' i`i W .. .. :R��='.�:'�� _ ��• . i,jir., : rri - t:r= COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 l RETURN SERVICE REQUESTED PUBLIC HEARING -- NOTICE Laa 65 P0 V 1IL4 gm cc .hiD't�i1rTER 1034680 064650027000ik BROOKS ROBERT O & LORENE A 6309 BENTLEY CT MAGALIA CA 95954 A I.S. POSTAOE a r` BR00309 95954x246 1701 47 01/26/02 RETURN TO SENDER BROOKS 6273 PRENTIS CT MAVALIA CA 95954-9421 RETURN TO SENDER COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE a a 312 2 .00 POSTAOEII 064230032000 FORD WANETA L TRUSTEE 14784 CARNEGIE RD MAGALIA CA 95954 FORD784'* 9595LF2248 1501 47 01/26/02 RETURN TO SENDER FORD'WANETA L G5RAS50 VALOLEYCCA 85945-9716 RETURN TO SENDER 11.1 ... [d,1,1 ... H,,,i,i„it„i I,Ii,,,1,I,„II,,,II,,.Ii„I„Ili,,,i,,I I It 4. 0vq I a� " 2#0 2- a a 312 2 .00 POSTAOEII 064230032000 FORD WANETA L TRUSTEE 14784 CARNEGIE RD MAGALIA CA 95954 FORD784'* 9595LF2248 1501 47 01/26/02 RETURN TO SENDER FORD'WANETA L G5RAS50 VALOLEYCCA 85945-9716 RETURN TO SENDER 11.1 ... [d,1,1 ... H,,,i,i„it„i I,Ii,,,1,I,„II,,,II,,.Ii„I„Ili,,,i,,I I It