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HomeMy WebLinkAboutMUP 02-18Butte County Deparanent of Development Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Minor Use Permit Applicant: Philip Cotton 720 W. Francisco San Rafael, CA 94901 File: MUP 02-18 APN: 072-070-015 Date: November 22, 2002 Deposit Date: April 18, 2002 Deposit Amount: $350.00 Receipt: 20438 Deposit Disbursement: Environmental Health $ 92.00 Land Development $ - CDF/Fire Department $ 43.00 DEVELOPMENT SERVICES - PLANNING $ 350.00 Payment Date: Payment Amount: $ - Receipt: Payment Date: Payment Amount: $ - Receipt: TOTAL PAYMENTS: $ - I INVOICE MUP02.18 1 1 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. following charges have been applied to the processing of your application: Professional Planner $ 531.00 Mapping $ 73.75. Clerical $ 287.25 Publishing $ - TOTAL $ 892:0.0 The costs thus far in processing your application have exceeded the deposited or paid amount by: $ 542:00 To continue processing your application, an additional deposftwili be required of: $ - Butte County Code 3.44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to a amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balanc equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant doe not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE -BY \ $ 542.00 December 22. 2002 //1 :/ 1 J:IBILLINGS130-DAY BILLINGNUP 02-18 Cotton.xls Ia15/0a a a, mup oa Ii8 c DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LA' FCO � I PLANNING PUBLIC SALES ENV. HEALTH FIRE N G FEE F/G FEE OTHER APPLICANT ,RECEIVED FROM OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING RECEIPT 20882 t y. ISSUED BY t foWo i r Date 02/04/03 Time 12:03 pm MUP 02-18 * • 1db Development Services Departn Applicant Billing Workshee :Philip Cotton (continued) Date/Slip# Description 09/28/02 Diane L. / C #42121 Clerical NOE 10/02/02 Diane L. / C #42251 Clerical Permit 11/22/02 Diane L. / C #42269 Clerical Billing Page 2 HOURS/RATE AMOUNT TOTAL 0.50 17.00 34.00 0.50 17.00 34.00 0.50 17.00 34.00 TOTAL BILLABLE TIME CHARGES 17.00 TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 04/18/02 Deposit - Receipt # (350.00) 12/05/02 Payment - thank you (542.00) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE $892.00 $0.00 $892.00 Y ------ , $0.00 r Date 02/04/03 Development Services Department Time 12:03 pm Applicant Billing Worksheet MUP 02-18 * Philip Cotton 720 W. Francisco San Rafael, CA 94901 Rounding : None Full Precision : No Last bill' Last charge 11/22/02 Last payment 12/05/02 Amount Date/Slip# Description 04/13/02 Steve B. / P #39930 Processing 04/13/02 Lynn R. / C #39963 Clerical 04/27/02 Larry P. / P #40108 Processing 04/27/02 Steve B. / P #40372 Processing 06/22/02 Lynn R. / C #40941 Clerical 06/22/02 Steve B. / P 440971 Processing 07/06/02 Steve B. / P #41083 Processing REPORT 07/06/02 Lynn R. / C #41164 Clerical 07/20/02 Lynn R. / C #41421 Clerical 08/17/02 Lynn R. / C #41711 Clerical 08/31/02 Lynn R. / C #42000 Clerical $542.00. Page 1 HOURS/RATE AMOUNT TOTAL 0.50 29.50 59.00 1.00 45.00 45.00 1.25 73.75 59.00 1.25 73.75 59.00 1.00 45.00 45.00 1.75 103.25 59.00 5.50 324.50 59.00 0.50 22.50 45.00 1.00 45.00 45.00 1.00 45.00 45.00 0.75 33.75 45.00 2/4/2003 Development Services Department 11:56 AM Pre -bill Worksheet Page Selection Criteria Applicant (hand sel Include: MUP 02-18' Page 2 Total Billable Billable Billable Billable Billable Billable Billable Billable Billable Billable 2/4/2003 Development Services Department 11:56 AM Pre -bill Worksheet Nickname MUP 02-18 -11849 Full Name Philip Cotton Address 720 W. Francisco _ San Rafael CA 94901 Phone 1 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill Last charge 11/22/2002 Last payment 12/5/2002 Amount $542.00 Date Employee Rate Hours Amount ID Task Markup % DNB Time DNB Amt 4/13/2002 Steve B. 59.00 0.50 29.50 39187 P Processing 4/13/2002 Lynn R. 45.00 1.00 45.00 39220 C Clerical 4/27/2002 Larry P. 59.00 1.25 73.75 39364 P Processing 4/27/2002 Steve B. 59.00 1.25 73.75 39626 P Processing 6/22/2002 Lynn R. 45.00 1.00 45.00 40195 C Clerical 6/22/2002 Steve B. 59.00 1.75' 103.25 40225 P Processing 7/6/2002 Steve B. 59.00 5.50 324.50 40337 P Processing REPORT 7/6/2002 Lynn R. 45.00 0.50 22.50 40418 C Clerical 7/20/2002 Lynn R. 45.00 1.00 45.00 40675 C Clerical 8/17/2002 Lynn R. 45.00 1.00 45.00 40963 C Clerical Page 2 Total Billable Billable Billable Billable Billable Billable Billable Billable Billable Billable 2/4/2003 ' Development Services Department 11:56 AM Pre -bill Worksheet MUP 02-18 ":Philip Cotton (continued) Date Employee ID Task 8/31/2002 Lynn R. 41251 C Clerical 9/28/2002 Diane L. 41371 C Clerical NOE 10/2/2002 Diane L. 41498 C Clerical Permit 11/22/2002 Diane L. 41515 C Clerical Billing TOTAL Billable Fees Total of billable expense slips Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables DateIID Type Description 4/18/2002 CRED Deposit - Receipt # 1900 12/5/2002 PAY Payment - thank you 2028 Receipt #20882 Total Accounts Receivable New Balance Current Unapplied Page 3 Rate Hours Amount Total Markup % DNB Time DNB Amt 45.00 0.75 33.75 Billable 34.00 0.50 17.00 Billable 34.00 0.50 17.00 Billable 34.00 0.50 17.00 Billable I 17.00 $892.00 Calculation of Fees and Costs $0.00 Amount Total $892.00 $892.00 T,n nn $892.00 ($350.00) ($542.00) ($892.00) $892.00 ($892.00) 0 2/4/2003 Development Services Department 11:56 AM Pre -bill Worksheet Page 4 MUP 02-18 *:Philip Cotton (continued) Amount Total Total New Balance $0.00 4 • F Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Minot Use.Permit Applicant: Philip Cotton 720 W. Francisco San Rafael, CA 94901 Deposit Date: April 18, 2002 Receipt: 20438 Payment Date: Receipt: Payment Date: Receipt: Deposit Disbursement: Environmental Health Land Development CDF/Fire Department DEVELOPMENT SERVICES - PLANNING File: MUP 02-18 APN: 0727070-015 Date: November 22. 2002 Deposit Amount: Payment Amount: $ Payment Amount: $ TOTAL PAYMENTS: $ 350.00 92.00 43:00 350:00 INVOICE MUP 02.18 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program; and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 531.00 Mapping $ 7:3.75. Clerical $ 287.25 Publishing $ - TOTAL $ 892;0.0 The costs thus far in processing your application have exceeded the deposited or paid amount by: $ 542:00. To continue processing your application, an additional depositwill be required of: $ - Butte County Code 3134 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant doe not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE BY 542.00 B;iieres2-,KDecember 22, 2002 JABILLINGS\30-DAY BILLINGWIUP 02-18 Cotton.xls I t i i a� 531 • 00+ 0 • 73-75+ 287-25+ 29-50+ 892.00o 73.75+ 103.25+ 892.00* 324.50+ 531 • 000 531 • 00* •73•,75+ 73.750 VY� GLI�J 73-75* 45.00+ 45.00+ 22.50+ 45.00+ 45.00+ 33-75+ 17.00+ 17.00+ 17.00+ 287.250 CAA,( -CJ 287-25* Date 11/22/02 Development Services Departmet Time 3:10 pm Applicant Billing Worksheet MUP 02-18 Philip Cotton 720 W. Francisco San Rafael, CA 94901 Rounding : None Full Precision : No Last bill Last charge 11/22/02 Last payment / / Amount Date/Slip# Description 04/13/02 Steve B. / P #39930 Processing 04/13/02 Lynn R. / C #39963 Clerical 04/27/02 Larry P. / P #40108 Processing 04/27/02 Steve B. / P #40372 Processing 06/22/02 Lynn R. / C #40941 Clerical 06/22/02 Steve B. / P #40971 Processing 07/06/02 Steve B. / P #41083 Processing REPORT 07/06/02 Lynn R. / C #41164 Clerical 07/20/02 Lynn R. / C #41421 Clerical 08/17/02 Lynn R. / C #41711 Clerical 08/31/02 Lynn R. / C #42000 Clerical : $0.00 Page 1 HOURS/RATE AMOUNT TOTAL 0.50 29.50 59.00 1.00 45.00 45.00 1.25 73.75 59.00 1.25 73.75 59.00 1.00 45.00 45.00 1:75 103.25 59.00 . 5.50 324.50 59.00 0.50 22.50 45.00 1.00 45.00 45.00 1.00 45.00 45.00 0.75 33.75 45.00 r' Date 11/22/02 Time 3:10 pm MUP 02-18 0 Development Services Departmit Applicant Billing Worksheet :Philip Cotton (continued) Page 2 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 09/28/02 Diane L. / C 0.50 17.00 #42121 Clerical 34.00 NOE 10/02/02 Diane L. / C 0.50 17.00 #42251 Clerical 34.00 Permit 11/22/02 Diane L. / C 0.50 17.00 #42269 Clerical 34.00 Billing TOTAL BILLABLE TIME CHARGES 17.00 $892.00 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $892.00 PAYMENTS/REFUNDS/CREDITS 04/18/02 Deposit - Receipt # av y 3 (350.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($350.00) NEW BALANCE New Current period 542.00 TOTAL NEW BALANCE $542.00 I t 1 - PROJECT SUMMARY SHEET FILE #: MUP 02-18 PROJECT TYPE: Minor Use Permit APPLICANT: Philip Cotton ADDRESS: 720 W. Francisco, San Rafael, CA 94901 OWNER: same REPRESENTATIVE: Glen Sparks ADDRESS: 5578 Old Olive Highway, Oroville, CA 95965 PROJECT DESCRIPTION: Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling PROPERTY ZONED: A -R (Agricultural Residential) LOCATED: on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area. AP#: 072-070-015 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: Low Density Residential 1. Application accepted: 4/18/02 Amount: $ 485.00 Receipt #: 20438 2. Comments sent to: PW, EH, Assessor, LAFCo, Ag. Comm. CDF 3. Comments received from: _f'%-) , E 4. LX PC -o. A 4. C.o mn,., GD F 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Stephen Betts 7. Environmental Determination: State Clearinghouse No:LAI Subject to Fish & Game: tlo Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: N o 9. Clearinghouse circulation required: Yes No X Date Sent to SCH: 10. Publication Notice Written: 9- o? - o a Display Ad Prepared: 11. Notices Mailed: / o2 - o "1 Number of Notices: 12. Newspaper Publication Date: A11,4 P G B 13. Planning Commission Hearing(s): - 7- Action taken: Special Conditions: 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 - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 X COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 329 ATR NO LaiT 47872 10!3/2002 FUND FUND DEPT. ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 10-2 RECEIPTS: 20779-20783 PLANNING APPL FEES GENL 0010 4400u1 4210900 101001 432.00 NODINOEt,.CLERK'S FILING FE GENL 0010 470001 4612319 101001 .50.00 ($25) Project Number Amount of Fee #072-070-015 P Conon MUP 02-08 $25 #038-070-053 PM Dusters Inc TPM 02-11 $25 TOTAL $ 482.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: - By: `. white=tmasurer pink --auditor canary --depositor golden roct--file fel Philip Cotton (Item determined to be categorically exempt from environmental review), Minor Use Permit application to convert an existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just southwest of Lost Horizon Drive, east Oroville area. APN 072-070-015 (SB) (MUP 02-18) It was moved by Commissioner Leland, seconded by Commissioner Nelson, and unanimously carried to approve the Consent Agenda. Each hearing subject to individual findings and conditions for that project. I. 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. Approve a Minor Use Permit 02-18 for Philip Cotton to the Planning Commission, subject to the following findings: 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: Conditions of approval have been applied to this project pursuant to the applicable requirements. of Section 24-280(c) "Standards and conditions outside of 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 Low Density Residential and zoned AR. The Low Density Residential land use designation allows dwelling units as Primary Uses. The AR 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 does not represent a coverage issue due to the large size of the parcel. The structure to be used for, the second dwelling would not out of character for the area because the outside walls would consist of wood siding. 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, electrical, and public water services already extend to the project parcel. The Butte County Fire Department ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ SEPTEMBER 12, 2002 ■ PAGE 8 ■ 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 a rural residential neighborhood. The existing metal walls of the proposed second dwelling unit would be replaced with wood siding. 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-street parking spaces for the residents of the second dwelling unit. There is adequate soil, on,, the site for a septic system to service the proposed 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. ' E. The project contains conditions that restrict group home occupancy to only one of the dwellings on the property and limits a group home to no more than six persons. F. A special inspection and building permits must be obtained from the Butte County ' Building Division. Conditions of Approval: Planning Division ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ SEPTEMBER 12, 2002 ■ PAGE 9 ■ • • 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. 3. No more than one (1) Second Dwelling Unit shall be allowed on any parcel or lot. 4. The Second Dwelling Unit shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. Two (2) off-street parking spaces shall be provided for the Second Dwelling Unit. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling. 6. Group home occupancy shall be limited to one of the two dwellings and shall not serve more than six (6) persons. 7. The guest house shall not be used for group home occupancy or for permanent residency of any person or persons. 8.- Prior to occupancy of the second dwelling unit, Planning Division staff shall conduct a field inspection to ensure compliance with all conditions of project approval. The applicant shall notify Planning Division staff prior to occupancy to arrange the field inspection. Building Division 9. Prior to issuance of the Minor Use Permit, submit site and floor plan and apply for and have conducted a special inspection (cost -$ 100.00) to convert barn to living area. A copy of the special inspected shall be provided to the Planning Division prior to issuance of the Minor Use Permit. Building permits shall be obtained prior to any construction work. Environmental Health ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ SEPTEMBER 12, 2002 ■ PAGE 10 ■ 10. Prior to issuance of a building permit, obtain a sewage disposal permit to service both dwellings. Fire Department/CDF 11. 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. 12. '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. 13. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 6 water tender fund is required prior to the issuance of a building permit. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. Other 15. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. There is a 10 -day appeal period on all decisions with the Clerk of the Board. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ SEPTEMBER 12, 2002 ■ PAGE 11 ■ Philip Cotton (Item determined to be categorically exempt from environmental review), Minor Use Permit application to convert an existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just southwest of Lost Horizon Drive, east Oroville area. APN 072-070-015 (SB) (MUP 02-18) Mr. Betts gave a brief summary of the project. He submitted a letter from Mr. Cotton stating the travel trailer has been removed. He noted the letters against this project mainly objected to the group home on the property. He also explained that a group home for 6 or less is allowed, by right, in this zone. The hearing was opened to the public. Ms. Pascal Salesses, representing the applicant, said that Mr. Cotton would be living on the property and has agreed to keep the group home at 6 persons or fewer. She indicated that Mr. Cotton would be asking the group home to vacate the property. Jerry Antonetti said that he lives across the street and the subject parcel has had problems for the last 15 years. He asserted that the group home people wander the streets, look in people's windows and trespass on neighbors property. He expressed. concern regarding the group home being 20 feet from the school bus stop. Mr. Betts said that there will be a condition to limit the group home to one dwelling only for 6 or less people. He said that the group home needs a license from the State, but not from the County. Mr. Meleka assured the neighbors that the second dwelling would not be used as part of the group home. Ms. Salesses stated that Mr. Cotton and herself would be moving into the second dwelling and she felt that Mr. Cotton would agree with a condition to eliminate the group home on the property. Mr. Betts pointed out that there is a legal question on whether the County can put a condition on this permit that would take away a right. Mr. Meleka asked that staff contact County Counsel regarding this issue. Mr. Antonetti said that he did not want a group home allowed on the property. Ms. Antonetti added that she does not want the group home near the bus stop. Mr. Bryant agreed with his neighbors to not allow a group home. Mr. Meleka asked staff to investigate and consider a condition on the permit to eliminate the group home. Mr. Meleka continued this hearing to August 21, 2002, at 9:00 a.m. to have time to contact County Counsel regarding whether or not the County can condition the permit to eliminate the group home. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES - JULY 24, 2002 ■ PAGE 5 0 t Philip Cotton (Item determined to be categorically exempt from environmental review), Minor Use Permit application to convert an existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential). The property is located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just southwest of Lost Horizon Drive, east Oroville area. APN 072-070-015 (SB) (MUP 02-18) Mr..Betts explained that the main concern of the neighbors was the group home on the subject property. Mr. Betts said there was more than six in the group home when he visited, but some have left and the trailer is not being used as part of the home. He noted that there is a condition that Mr. Cotton live in one of the dwelling units. He submitted a letter dated 8/2/02 from Mr. Cotton agreeing to the group home not to exceed 6 people. The hearing was opened to the public. Philip Cotton said the group home is in the process of moving and will not be back. He agreed with the conditions. Mr. Betts informed Mr. Cotton that he would have to work with the Building Division on what is needed to convert the building to a dwelling unit. The hearing was closed. Mr. Breedon concurred with staff's recommendation to recommend approval of the Minor Use Permit for Philip Cotton subject to the findings and conditions listed below: 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 02-18 for Philip Cotton to the Planning Commission, subject to the following findings: 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: Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280(c) "Standards and conditions outside of 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 Low Density Residential and zoned AR. The Low Density Residential land use designation allows dwelling units as Primary Uses. The AR zone allows second dwelling units upon approval of a Minor Use Permit. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ AUGUST 21, 2002 ■ PAGE 7 ■ 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 does not represent a coverage issue due to the large size of the parcel. The structure to be used for the second dwelling would not out of character for the area because the outside walls would consist of wood siding. 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, electrical, and public water services already extend to, the project parcel. The Butte County Fire Department requires compliance with standard California Fire Safe Regulations, Public Resources Code 4290. 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 a rural residential neighborh'o'od. The existing metal walls of the proposed second dwelling unit would be replaced with wood siding. 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-street parking spaces for the residents of the second dwelling unit. There is adequate soil on the site for a septic system to service the proposed 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, ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ AUGUST 21, 2002 ■ PAGE 8 ■ 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. E. The project contains conditions that restrict group home occupancy to only one of the dwellings on the property and limits a group home to no more than six persons. F. A special inspection and building permits must be obtained from the Butte County Building Division. 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. No more than one (1) Second Dwelling Unit shall be allowed on any parcel or lot. 4. The Second Dwelling Unit shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. Two (2) off-street parking spaces shall be provided for the Second Dwelling Unit. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling. 6. Group home occupancy shall be limited to one of the two dwellings and shall not serve more than six (6) persons. ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ AUGUST 21, 2002 ■ PAGE 9 0 • 0 7. The guest house shall not be used for group home occupancy or for permanent residency of any person or persons. 8. Prior to occupancy of the second dwelling unit, Planning Division staff shall conduct a field inspection to ensure compliance with all conditions of project approval. The applicant shall notify Planning Division staff prior to occupancy to arrange the field inspection. Building Division 9. Prior to issuance of the Minor Use Permit, submit site and floor plan and apply for and have conducted a special inspection (cost - $100.00) to convert barn to living area. A copy of the special inspected shall be provided to the Planning Division prior to issuance of the Minor Use Permit. Building permits shall be obtained prior to any construction work. Environmental Health 10. Prior to issuance of a building permit, obtain a sewage disposal permit to service both dwellings. Fire Department/CDF 11. 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. 12. 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. 13. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 6 water tender fund is required prior to the issuance of a building permit. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. Other ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ AUGUST 21, 2002 ■ PAGE 10' ■ • 15. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. IT ■ BUTTE COUNTY PLANNING SERVICES MEETING ■ MINUTES ■ AUGUST 21, 2002 ■ PAGE 11 ■ DEPARTMENT OF DEVELOPMEN�SERVICES BUTTE CMLIrI'fY UNIFORM APPLI TION WPLICANI : Aeent intormauon to De provictea is on other sine: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: kLrP 4rTb11 5"- f.+ -AL1,, SIt, e -d1- 6 0 -700/5 - ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE LISE) -7 20 LOO* 611,h C-1'3 co 54, IA C G `?yl& l 0 - i NAME OF PROPOSED PROJECT ( If any ) TELEPHONE $40-" 40hve-elT1,09 -7g5-87y7 LOCATION OF PROJECT ( Major cross streets and Address, if any VS % GENERAL INFORMATION REQUIRED OWNER'S NAMEp4 / BVI, ��e>L7 TELEPHONE ADDRESS: CITY. STATE & ZIP CODE: ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres ) EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) ! p000 .5Q %emsr (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER OW PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE D ❑ USE PERMIT 0 MINOR USE PERMIT APA 18 2002 ❑ VARIANCE ❑ MINOR VARIANCE BUTTE COUNTY PLANNING DIVISION ❑ ADMINISTRATIVE PERMIT— ❑ DEVELOPMENT AGREEMENT 0TENTATIVE SUBDIVISION MAP I TENTATIVE PARCEL MAP WAIVER OF PARCEL MAP BOUNDARY L(NE MODIFICATION LEGAL LOT DETERMINATION CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ . 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.) 41,4'OI, vee -r P At, a,+ 1000 S OWNER CERTIFICATION 1 CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE I.NFORMATION IS TRUE AND AC'CURAT'E. (If an agent is to be authorized, execute an affidavit of authorization and include the t with thil application.) DATE: CJ, I � --0 L SIGNATURE: • 0 AGENT AUTHORIZATION To Butte County, Department of Development Services: G Leh sear kf S'347 6-f7- lc> C� Ly Print Name of Agent and Phone Number Mailing Address is hereby authorized to process this application for 04 on my property, identified as Butte County Assessor Parcel Number a21 a 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 N ti i acute Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date Received: Print Name Signature Total Amount Received: 4il,S�S� SAP Number(s) Legal Description Owners Authorization Zoning Requirements /Project Description Copies of plot plan Taken by Receipt No.(,3 8 E.H. 9a LD Plan 3So 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 $ of- flake check payable to "Butte County Treasurer". MINOR USE PERMIT APPLICATION PACKET CHECKLIST 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 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. [2 LJ Payment 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) J. U L1 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. U ❑' Name and address of Applicant, Engineer and/or Arc b. ❑ Property lines and lot dimensions C. ❑ Assessor Parcel Number(s) and the street address. tEC E 'NE EAPR 1 g 20021 BUTTE COUNTY PLANNING DIVISION d. ❑ 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. ❑ Proposed method of sewer and water connection or alternative method of sewage disposal P I and potable water supply. ❑ IDistances 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. ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of I " = 20', with a north arrow preferably oriented to the top of sheet. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 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 Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agricul Commissioner. g Si nature: Date: ` Applicant/Representative Signature: PI ng Receiving Application Date: �(— (r —0d - IF 0d - IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 • • 072070015000 K:\PROJECTS\IvIINOR USE COTTON PHILLIP PERMIT\Cotton\mailliaMUP0218.doc 720 W FRANCISCO SAN RAFAEL CA 94901 GLEN SPARKS 072050010000 5578 OLD OLIVE HWY CASAGRANDE DAVID ALAN & CHE OROVILLE CA 95965 5374 OLD OLIVE HWY OROVILLE CA 95965 072050018000 072050020000 ELAM GEORGINA RUTH SOLIS FAMILY TRUST 5440 OLD OLIVE HWY 5369 OLD OLIVE HWY OROVILLE CA 95966 OROVILLE CA 95965 072050028000 072050029000 RUSSELL WILLIAM F & BEVERLY E LEONG THOMAS S C TRUSTEE 5396 OLD OLIVE HWY 1710 W LONGVIEW OROVILLE CA 95966 STOCKTON CA 95207 072070010000 072070013000 BEAN EDITH R (LE) BRYANT MARLENE Y (LE) 5488 OLD OLIVE HWY 5547 OLD OLIVE HWY OROVILLE CA 95966 OROVILLE CA 95966 072070020000 072070021000 BERRY LEROY J CONLEY CALVIN B & DENISE K 6210 MINERS RANCH RD 5961 INDIAN AVE OROVILLE CA 95966 SAN JOSE CA 95123 072080028000 072080032000 CORPE JOHN A & TONI J BELOYED FRANK & CAROLYNNE P O BOX 150 527 SILVER LEAF DR OROVILLE CA 95965 OROVILLE CA 95966-3959 072090002000 072090031000 DUNN GLENN A & ELIZABETH J WELLS RAYMOND D & PAULINE 352 CRANE AVE JUNE OROVILLE CA 95966 19 VALLEY VIEW DR OROVILLE CA 95966 072070015000 GREGERSON ALBERT C & THERESA 3532 ANZA WAY CHICO CA 95973 072050017000 ARNOLD LESLIE GRAY & BEULAH E 5420 OLD OLIVE HWY OROVILLE CA 95966 072050022000 BEERE RONALD S 14660 SUNNYMEAD DR LA MIRADA CA 90638-1048 072062017000 ANTONETTI JERRY A & MARY A JT 41 LOST HORIZON DRIVE OROVILLE CA 95966 072070016000 HAZELTON JAMES SR & GENA P 0 BOX 224 EAST MACHIAS ME 04630-0224 072080027000 ENSMINGER CURTIS A & SHANNON R 143 WILLOW PASSRD OROVILLE CA 95966 072080034000 VARASTEH BEN 45 SKINNER LANE OROVILLE CA 95966 CO7 ?C'�- p j 7 • ��2Mo �-� L p 7 RVSSlp—IrL �j p2g Leo��-� ��2-062�- �O 1 7 ���-©��-�-►- r .� 3�7 2- 0'70 9 10 U- IA J C�2� 1 �•,� U'3 � w��5 2 r DECLARATION OF FEES DUE (Ga fornia Fish and Game Code Section .4) NAME AND ADDRESS OF APPLICANT Philip Cotton 720 W. Francisco (� I San Rafael, CA 94901 0CT fj ! 8 ?X62 L N ,C • G 88 Project Title/file number: Minor Use Permit, MUP 02-18 8YCo. C, FA„ 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). #20781 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: October 4, 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. KAPlanning\PROJECTS\M[NOR USE PERMIT\Cwon\NOE.wpd , TO: X • APPENDIX A • NOTICE OF EXEMPTION Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MUP 02-18, Minor Use Permit Assessor's Parcel No.: 072-070-015 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Philip Cotton, 720 W. Francisco, San Rafael, CA 94901 Project Location -Specific: on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area. Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling Name of Person or Agency Approving Project: Stephen Betts 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: 15305 (a) f Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; 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: Sitature, onneristopher Director - D velopInt Services i Ir csl p V = a 0 Z . n � C C ' � 1 0 � ' Ci vs s oI tO^ s o u u• �`o a3 o � � CIS n � � n v r COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASUREWS RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 329 Ariz NO : 47872 DATE 101312002 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 10-2 RECEIPTS: 20779-20783 PLANNING APPL FEES GENL 0010 4400101 4210900 101001 432.00 NOD/NOE-.CLERK'S FILING FE GENL 0010 470001 4612319 101001 50.00 ($25) Project Number Amount of Fee #0T2-070-015 P Cotton MUP 02-08 $25 #038-070-053 PM Ousters Inc TPM 02-11 $25 TOTAL $ 482.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: By: : !1 white --treasurer pink ---auditor canary --depositor golden rod=file LAND OF NATURAL WEALTH AND BEAUTY f •, f K j /.r PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 October 2, 2002 Philip Cotton 720 W. Francisco San Rafael, CA 94901 CERTIFIED MAIL Re: Minor Use Permit, AP 072-070-015 Dear Mr. Cotton: Enclosed is your validated Minor Use Permit No. MUP 02-18 to allow Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling. 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, Diane Lewellen OA1II Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Glen Sparks .,. (Domestic -CERTIFIED 1Y —p Postage N F Certified Fee ulReturn Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee E3 (Endorsement Required) t Total Postage &44Feees o. tiK�►;it4, r-qriP..ac71M'ga tC-3 C3 I~ ID/ V! r. Postmark Here tc O • MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: ou 211 20 (Certified Mail Rec.) MUP 02-08 PERMIT NO. 072-070-015 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Philip Cotton is hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a 1,050 -square foot, 3 -bedroom, permanent second dwelling unit that is located outside of a designated Urban Area on an 18 -acre parcel zoned AR. 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. 3. 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. 5. 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 1. Prior to issuance of a building permit for the second dwelling unit, the property owner shall execute and record a covenant running with the land. A copy of the recorded 1 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. 3. No more than one (1) Second Dwelling Unit shall be allowed on any parcel or lot. 4. The Second Dwelling Unit shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. 5. Two (2) off-street parking spaces shall be provided for the Second Dwelling Unit. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling. 6. Group home occupancy' shall be limited to one of the two dwellings and shall not serve more than six (6) persons. 7. The guest house shall not be used for group home occupancy or for permanent residency of any person or persons. 8. Prior to occupancy of the second dwelling unit, Planning Division staff shall conduct a field inspection to ensure compliance with all conditions of project approval. The applicant shall notify Planning Division staff prior to occupancy to arrange the field inspection. Building Division 9. Building permits shall be obtained prior to any construction work. 2 i Environmental Health 10. Prior to issuance of a building permit, obtain a sewage disposal permit to service both dwellings. Fire Department/CDF 11. 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. 12. 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. 13. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 6 water tender fund is required prior to the issuance of a building permit. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. Other 15. 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. CC: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office 17 � Butte County Planning Commission Chairman 3 MEMORANDUM - PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Philip Cotton, MUP 02-18 DATE: October 2, 2002 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 072-070- 015, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Minor Use Permit to convert, existing garage and storage area into a dwelling as a permanent second dwelling, on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area.,A-R (Agricultural Residential) KAPlanning\PROJECTS\MINOR USE PERMIT\Cotton\permit.wpd 36 E C E o:V:E; Ar APPROVED Develoment Plan DATE USE PERMIT _-.VARIANCE MINOR U. ADM.PERMIT,.!�, *' N ING'COMMISS� DIAECTOR OF DEVELOPMENTSERVICES 0 September 12, 2002 Philip Cotton 720 W. Francisco San Rafael, CA 94901 B E A U T Y ucrmn i mcuv i yr ucvcwrmov i vanvn.co 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 Re: Minor Use Permit, AP 072-070-015, MUP 02-18 Dear Mr. Cotton:: At the regular meeting of the Butte County Planning Commission held September 12, 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, September 23, 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 Planing 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 Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 4Lynn'Richardson Planning/Administrative Support Service Assistant El 9 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION To: Planning Commission From:, Stephen Betts, Senior Planner Subject: Consent Agenda Item — Philip Cotton, MUP 02-18, APN 072-070-015 Date: September 12, 2002 Attachments: A. Planning Manager Agenda Report with attachments B. Planning Manager Minutes C. Letters and Petitions On July 24, a Planning Manager's hearing was held on the above referenced project. At that meeting, several neighbors voiced their concerns about a group home that was occupying the dwelling unit on the property. They stated that the group home was causing problems in the area and the neighbors were concerned that the group home use would also utilize the proposed second dwelling unit. Due to concerns from neighbors the project was continued open until August 21, 2002. Staff discussed the group home issue with County Counsel and it was determined that the project could not be conditioned to prohibit a group home use on the property because the A -R zone allows a group home for six or fewer persons as a permitted use. At the August 21, 2002, Planning Manger meeting, the applicant stated that the group home was in the process of moving off the property. The applicant also stated that he would soon be moving into the existing dwelling unit on the property. A condition of the project requires the applicant to sign and record a document that states the owner of the parcel will live in one of the two dwellings on the property. This recorded document runs with the land and would be binding on all future owners of the property. The Planning Manager recommends that the Planning Commission approve the Minor Use Permit, subject to the findings and conditions listed in the 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. =.� u eCount L A N D O F NATURAL WEALTH AND 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 August 21, 2002 Philip Cotton 720 W. Francisco San Rafael, CA 94901 Re: Minor Use Permit, AP 072-070-015, MUP 02-18 Dear Mr. Cotton: At the regular meeting of the Planning Manager on August 21, 2002, your request for a Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling 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 September 12, 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. After approval by the Planning Commission and the 10 -day appeal period has elapsed, the Minor Use Permit will be issued. Should you have any questions regarding this matter, please contact Stephen Betts at this office. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Ir 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 July 17, 2002 Philip Cotton 720 W. Francisco San Rafael, CA 94901 Re: Minor Use Permit, AP 072-070-015, MUP 02-18 . . Dear Mr. Cotton:: Your request has been scheduled for hearing in front of the Planning Manager on July 24, 2002, at 9:00 a.m. The meeting will be held in the Planning Division Conference Room, at 7 County Center Drive, Orovi4e, 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. After approval by the Planning Commission and the 10 -day appeal period has elapsed, the Minor Use Permit will be issued. 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�rdson Planning/Administrative Support Service Assistant Ir i 9 BUTTE COUNTY PLANNING MANAGER AGENDA REPORT - JULY 249 2002 Applicant: Philip Cotton File #: MUP 02-18 Request: Minor Use Permit to convert an existing garage/shop into a 1,050 -square foot, 3 -bedroom permanent second dwelling unit G.P.: Low Density Residential Zoning: A -R (Agricultural Residential, 6,500 square foot minimum parcel size) APN: 072-070-015 Lost Horizon Drive, east Oroville area Parcel Size: 18 acres Zone date: February 28, 1984 Project Stephen Betts, Planner: Senior Planner — 538-7153 Supervisor District: 1 Attachments: A. Vicinity Map B. General Plan/Zoning Map C. Pictures D. Letters Location: On the south side of Old E. Site Plan Olive Highway, at 5578 Old Olive Highway, just west of SUMMARY: Staff recommends approval of the Minor Use Permit with findings and conditions. PROJECT DESCRIPTION: The applicant proposes to convert an existing garage/shop into a 1,050 -square foot, 3 -bedroom permanent second dwelling unit. The proposed second dwelling unit is located approximately 40 feet to the south of the primary dwelling unit. The existing metal siding of the structure to be converted would be replaced with wood siding, but the modified structure would retain the corrugated tin roof. Modifications were recently made to the interior of the garage/shop without the proper building permits first being obtained. The Butte County Building Division became aware of the modifications and sent the applicant a notice of building code violation letter stating that all construction must be halted until such time as building permits are issued. ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 1 ■ Sewage disposal for the proposed second dwelling unit would be handled by a new septic tank that would flow into an existing septic tank and then into an existing leachfield. The Butte County Environmental Health Department requires the leachfield be enlarged if the project is approved. Domestic water for the proposed dwelling would be obtained from the Oroville Wyandotte Irrigation District (OWID). SITE CHARACTERISTICS: The property is located in the lower foothills and contains slopes of between 5 and 10%. The site is vegetated with an olive orchard, scattered oaks and pines, some brush, and grasses. The site is developed with a house, a guest cottage, garage, a shop, and a travel trailer. An OWID ditch traverses the property. A fire hydrant is located on Old Olive Highway next to the site's driveway. -Access to the site is from a driveway off of Old Olive Highway. An easement for Willow Pass Road lies on the east side of the project site but no road has been built on this portion of the easement. City Wide Ministries operates a group home out of the existing dwelling, and the group home could also utilize the proposed second dwelling unit. It appears that the group home serves more than six people (7/15/02 phone conservation with Jim Hutchison — office manager). The issue of the group home is addressed below. The project site is located in a rural residential area with parcel sizes ranging from 0.6 to 11 acres. All of the surrounding parcels are zoned A -R. The project site is not located with the City of Oroville's Sphere of Influence or the Oroville Urban Area. The Oroville Wyandotte Irrigation District supplies domestic water in the project area. The site is not located within a 100 -year flood zone or an Airport Compatibility Zone. ANALYSIS: The AR 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 that is not within an Urban Area when the parcel has at least twice the minimum parcel size stipulated by the zone. The A -R zone allows for a minimum parcel size of 6,500 square feet when public sewer and water services are available. The size of the applicant's property is consistent with the minimum size requirements of the Second Dwelling Ordinance. The project site is designated Low Density Residential by the Butte County General Plan, which lists dwelling units as a Primary Use. No significant impacts are expected due to the proposed second dwelling unit. The second dwelling unit would result in a small number of additional vehicular trips on the roads in the area, but the increase would not cause any significant impacts to vehicle circulation. The second dwelling unit use would cause a minor increase in noise in the project area, mostly generated by vehicles entering and exiting the site, but the increase would not be significant. The Environmental Health Department requests that sanitation clearance be obtained prior to issuance of a building permit for the second dwelling unit. The Butte County 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 ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 2 ■ • 0 building identification and/or addresses. The Fire Department also requires the payment of water tender fees, which are currently $200.00 per parcel. The Butte County Building Division requires that site and floor plans be submitted and a special inspection be conducted. After the inspection is completed, the Building Division would inform the applicant of any special structural requirements needed to meet the provisions of the Uniform Building Code. Building permits would be required to be obtained and a final inspection conducted prior to occupancy of the converted structure. Butte County Code Section 24-280(c) 2. lists the development standards for second dwelling units that are not within an Urban Area. Some of these standards include: • The second dwelling unit may be any size. • The second dwelling unit shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. • The second dwelling unit may be a detached structure or may be attached to the main dwelling. • The owner of the parcel must occupy one of the two dwellings. • The second dwelling unit must have adequate sewage disposal facilities and potable water facilities, as determined by the Butte County Environmental Health Division. GROUP HOME ISSUES: As already noted, City Wide Ministries operates a group home on the property. The Minor Use Permit application submitted with the project did not make any mention of the group home. According to the office manager of City Ministries, there are usually ten people or so in the group home. The applicant/owner (Phillip Cotton) does not currently reside on the property. Staff has concerns that the proposed second dwelling unit could be utilized by the group home, thus allowing the group home to increase in size. The AR zone allows group homes that serve six or fewer persons and it appears that the group home is in violation of the Zoning Ordinance because there are more than six people in the group home. A travel trailer is located behind the primary dwelling unit. An electrical power cord is connected to the travel trailer and it appears that the travel trailer is being utilized as a dwelling for the group home. This is a violation of Butte County Code. A guest home is located on the property, approximately 300 feet to the southwest of the primary dwelling unit. A building permit was recently issued for repairs to the guest home. It is possible that this guest home may be utilized by the group home, which would be a violation of the Butte County Code. The applicant stated that he intends to live in one of the two dwellings, preferably the primary dwelling (7/15/02 phone conversation with Phillip Cotton). The applicant has signed an affidavit ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 3 ■ that states he will occupy one of the two dwellings on the property. To prevent the group home from expanding, a condition of the project requires that the group home occupy only one of the two dwellings. Another condition prohibits the group home from occupying the existing guest home. It is anticipated that with the applicant/owner living on the project site any problems associated with the group home use would be prevented or quickly resolved. The applicant was notified during the 7/15/02 phone conversation that the number of people in group home and the use of the travel trailer as a dwelling were violations of Butte County Code. On 7/16/02 a letter faxed from the applicant to the Planning Division stated that he has informed the group home that it must serve no more than six people and that the travel trailer must be removed. The letter is attached to this agenda report. NEIGHBORHOOD OBJECTIONS: A letter was received from an adjacent landowner stating her objections to the project. In addition, staff received several phone calls from residents of the area who expressed their concerns about the project. Their primary concern was that the proposed second dwelling unit would be utilized by the group home, thus leading to additional people in the group home. The project is conditioned to restrict the group home to only one of the dwellings on the site. A copy of the letter from the adjacent landowner is attached to this agenda report. 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) of the California Environmental Quality Act. 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. H. Recommend approval of Minor Use Permit 02-18 for Philip Cotton to the Planning Commission, subject to the following findings: 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: Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-280(c) "Standards and conditions outside of Urban Areas " of the Butte County Zoning Code, the Butte County ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 4 ■ L] Environmental Health Department, and Butte County Fire Department. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Low Density Residential and zoned AR. The Low Density Residential land use designation allows dwelling units as Primary Uses. The AR 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: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the Second Dwelling does not represent a coverage issue due to the large size of the parcel. The structure to be used for the second dwelling would not out of character for the area because the outside walls would consist of wood siding. 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, electrical, and public water 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 a rural residential neighborhood. The existing metal walls of the proposed second dwelling unit would be replaced with wood siding. 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-street parking spaces for the residents of the second dwelling unit. There is adequate soil on the site for a septic system to service the proposed second dwelling unit. ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 5 ■ 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling unit application to County Agencies and has received no evidence that the use 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. E. The project contains conditions that restrict group home occupancy to only one of the dwellings on the property and limits a group home to no more than six persons. F. A special inspection and building permits must be obtained from the Butte County Building Division. k:\projects\minor use permit\cotton\cotton mup agenda report.doc ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 6 ■ EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 02-18 PERMIT NO. 072-070-015 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Philip Cotton is hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a 1,050 -square foot, 3 -bedroom, permanent second dwelling unit that is located outside of a designated Urban Area on an 18 -acre parcel zoned AR. 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. 3. 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. 5. 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. ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 7 ■ 0 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. 3. No more than one (1) Second Dwelling Unit shall be allowed on any parcel or lot. 4. The Second Dwelling Unit shall contain kitchen and bathroom facilities separate from the main dwelling unit and shall have a separate entrance. 5. Two (2) off-street parking spaces shall be provided for the Second Dwelling Unit. The spaces shall be in addition to the existing off-street parking requirements for the main dwelling. 6. Group home occupancy shall be limited to one of the two dwellings and shall not serve more than six (6) persons. 7. The guest house shall not be used for group home occupancy or for permanent residency of any person or persons. Prior to occupancy of the second dwelling unit, Planning Division staff shall conduct a field inspection to ensure compliance with all conditions of project approval. The applicant shall notify Planning Division staff prior to occupancy to arrange the field inspection. ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 8 ■ Building Division 9. Prior to issuance of the Minor Use Permit, submit site and floor plan and apply for and have conducted a special inspection (cost - $100.00) to convert barn to living area. A copy of the special inspected shall be provided to the Planning Division prior to issuance of the Minor Use Permit. Building permits shall be obtained prior to any construction work. Environmental Health 10. Prior to issuance of a building permit, obtain a sewage disposal permit to service both dwellings. Fire Dgpartment/CDF 11. 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. 12. 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. 13. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion 6 water tender fund is required prior to the issuance of a building permit. County Counsel 14. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. Other 15. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 9 ■ El • 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 Environmental Health Division Butte County Fire Department/CDF Assessors Office ■ BUTTE COUNTY PLANNING MANAGER AGENDA REPORT ■ PAGE 10 ■ 6Frniect Lecatic Helen Caswell Edith Bean R (LE) 5488 Old Olive Hwy. Oroville, CA 95966 July 8, 2002 County of Butte Office of Planning Department 7 County Center Drive Oroville, CA 95965-3397 Re: Philip Cotton use permit application I understand that this property is used as a homeless shelter by the City Wide Ministry. This `organization' must have some limits on the number of clients they can serve on any given day or week. There has been a negative 'impact on the neighborhood as there are often homeless individuals .walking to and from the location. My concern is that if a use permit is granted to convert the garage and storage area into dwelling units, the density will increase and the impact will definitely affect our neighborhood. We are located 7 miles from the city of Oroville, and have always been a rural agricultural area. The use of 5578 Old Olive Hwy. as a shelter has been a dramatic change. I am against increasing the dwelling capacity. Thank you for your consideration, Helen Caswell 589-0830 E�C: E JUL„1 5' 2002 BUTTE COUNTY 07/15/2002 41548522206 l • Dear M# Betts PCOTTON TL TOW M Philip Cotton 141 Mabry way San Rafael Ca 94903 7/16/2002 Re: use of 5578 Old Olive hyw Thank Au for your Phone rall yriwrday Rer Violations At 5$78 Qld Qliyq PAGE 01 I punch. d this pruperly June of last year The tenants (citywide ministries) were renting aaere pr' r to nay purchase of the property. I purchased the property with the intention. of living a myself. as far as Citywide , I was hoping That they could Keep a clean operatio while I make preparations to Move to Oroville. This has not been the case The Residen of Citywide have not been supportive of my Idea of how the property should be main iined.. After 1 year of cleaning Up after these folks , I have had enough ! I have interest in having the ministry as a tenant In fact I don't foresee them renting from me much longer . I Served therm with a Three day notice to correct The ten people1 ing there then the to the allowable (6) and to remove the travel trailer Parked -hind the house. The building conversation I have applied for is not for the expansi rr of The ministry but for my personal residences . I am only interested in Improvi g the appearance and flavor of the property that integrates with the existing charac ' of the surrounding properties. Since my purchase last year I have replaced the failing s iptic system, remodeled the guest cottage, re painted the main house and removed many truckloads of debris . The business and the house that I own here in. San Rafael i re Currently on the market. I am looking forward to Making Oroville my horse. Thanku for the copy of the zoning regs (24-95 A 2) after looking over the regs I don't s how Citywide could legally be at that that site. I don't believe that citywide has any lice a That the code is referring to . I will begin to take steps to evict the current tenants. , Thank you for your understanding and help through in this process Philip JUL 16 2002 BUTTE COUNTY PLANNING DIVISH AR 1/2 RT -1 p Dadoma AR 21/2 AR -5 -- 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Phillip Cotton Owner: Same Hearing Date: July 24, 2002 @ 9:00 am. Existing Zone: AR (Agricultural Residential) N Supervisorial Request: Minor Use Permit to convert an existing garage and storage area into a permanent second dwelling. District # 1 Assessor Parcel No: 072-070-015 Fue:MUP 02-18 b AR 1/2 RT -1 p Dadoma AR 21/2 AR -5 -- 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Phillip Cotton Owner: Same Hearing Date: July 24, 2002 @ 9:00 am. Existing Zone: AR (Agricultural Residential) N Supervisorial Request: Minor Use Permit to convert an existing garage and storage area into a permanent second dwelling. District # 1 Assessor Parcel No: 072-070-015 Fue:MUP 02-18 *,S -R LDR \,46- % •sA ✓ ..w 1 f Aar LDR Liu Location RT -1 WR -- am- lda°Rd-' d � rY•�, h Nn � � 5 0'. t.. . � r 4. 416.42 ., 10.99 9.81 01 .` _ . r �u,Pv, 04 ��x �r r�t 3. Yc s� 3� 3 oc 4•S�^?r,i 2 ��§`st > Y .v'3 �c ` ia`f �' r? � tE'.6"f�u �k. r yt✓•.✓ir1'1:'i.1 .� ''� " - AR -6 .� ,�%��'ynf �'??� }� s+r°a'�� •: Y`? +� � `c� �°� � f "', 3S.c .mow i t t �' >.L �. �®�' . AP, ,y u. �� �� < ;� y � � .c .tR SJ',T';D• � ryar t�i',tir +� 1 ? :,.•w }��. � rf 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Phillip Cotton Owner: Same Hearing Date: July 24, 2002 @ 9:00 am. Existing Zone: AR (Agricultural Residential) N Supervisorial Request: Minor Use Permit to convert an existing garage and storage area into a permanent second dwelling. District # 1 Assessor Parcel No: 072-070-015 F51e:MUP 02-18 y + n1 I r wr.i-F r •ryi r71 yr I V F 1I { -. 1 .`Ar I ry +! 1 1 i � 1 .I 1 d � rY•�, h Nn � � 5 0'. t.. . � r 4. 416.42 ., 10.99 9.81 01 .` _ . r �u,Pv, 04 ��x �r r�t 3. Yc s� 3� 3 oc 4•S�^?r,i 2 ��§`st > Y .v'3 �c ` ia`f �' r? � tE'.6"f�u �k. r yt✓•.✓ir1'1:'i.1 .� ''� " - AR -6 .� ,�%��'ynf �'??� }� s+r°a'�� •: Y`? +� � `c� �°� � f "', 3S.c .mow i t t �' >.L �. �®�' . AP, ,y u. �� �� < ;� y � � .c .tR SJ',T';D• � ryar t�i',tir +� 1 ? :,.•w }��. � rf 700 0 700 1400 2100 2800 3500 4200 4900 5600 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Phillip Cotton Owner: Same Hearing Date: July 24, 2002 @ 9:00 am. Existing Zone: AR (Agricultural Residential) N Supervisorial Request: Minor Use Permit to convert an existing garage and storage area into a permanent second dwelling. District # 1 Assessor Parcel No: 072-070-015 F51e:MUP 02-18 L] Phil Cotton 141 Mabry Way San Rafael, CA 94093 (415) 785-8787 July 30, 2002 Re: Minor use permit. Convertion of storage area into 2nd dwelling, at 5578 Old Olive Highway. APN 072-070-015(SB) (MUP 02-18) To whom this may concern, This letter is to confirm that I understand and agree to the requirement of the first meeting on July 24, where Pascal Salesses attended the meeting on my behalf. I will comply with the requirement of having no more than 6 people in the group home. Citywide Minestry who is my tenant there has downsized their operation and only four men live in the house now, also the minestry has found a new location and has promised to move out of the house before the next meeting on August 21 th. I want to assure you that I intend to stay in good standing with the county & my neighbors, and I will do my best to comply with the requirements. Thank you. Sincerely, Phil Cotton. D EC E0IsE AVG 2002 BUTTE COUNTY PLANNING DIVISION �8 \ i t { Mal �, h I- , _ kx T � ` •.'i 4rC •}yam,, �•T'Z - k s '� E �`. � � .� a �d� ,roa .,s. V_ % �' / • •~ / �.���� � { -� fir. YY. Y— /. � J .K'-/ \` ♦ i �' �_ }'r .`!t Ps��IP�+`Si�'"Ryn t,��•. .n �+x�'r" 't - :"" r: fin /�,, J4 lA_ � y rt. ,�,.e... � It '' � �_ -. Y ^(��•k. • 1 � , • y�.L: ,.. sJ.r.4 •�S� 4 •� '`" J Proposed second dwelling unit Proposed second dwelling unit ` , ` - ' ! _ -� R, � ,} � AAAA... .. •u• ) � , '~ ' i . l"� _ • - ^etc. 07/20/2002 21 54852206 • PCOTTON TL TOW Philip Cotton 720 w Francisco blvd San Rafael, ca' 94901 415 485-6915 07/22/02 Re :5578 old Olive hyw Dear Betts Thank y lu for your letter Dated 7/16/02 . The tra 'I trailer has been permanently removed from the property . I agree all of the conditions that are listed in the agenda report File # mup 02-18 The mo important are: PAGE 01 #1 Th oup home occupancy is limited to 6 persons 02 The oup home is limited to only one of the dwellings #3 The est cottage shall not be used by the group home or as a permanent dwelling #4 I sh 1 personally occupy in one of the main dwellings Thank you Philip tton D� ��L 2 2 2002 gUTfE COUNN ''• PLp,NNING DIVISION July .14, 2002 County of Butte Office of Planning Department _ 7 County Center Drive Oroville, CA 95965-3397 ; Re: Philip Cotton use permit application 5578 Old Olive Hwy. APN 072-070-015 (SB) (MUP 02-18) M ` I understand that this property is used as a homeless shelter by the City Wide Ministries. This area has been a rural agricultural area and it should stay that way. I am opposed to having a homeless shelter in this area much less enlarging it.to hold more people who are here today and gone tomorrow. I have an 82 year old mother who lives just up the street and she is scared to go outside in the evening because these people are in the neighborhood. My wife and I are also very uncomfortable because we work all day, everyday and this situation adds extra stress to our lives worrying about our home. A homeless shelter certainly does not help property values. I am unable to attend the hearing on July 24, 2002 because of my work schedule therefore I'm sending you this letter., Mr: �S�c rdLegg Working tax payers , 5677 Old Olive Hwy. Oroville, CA 95966 (53.0) 5894736 ' D JUL 1 9 2002 BUTTE COUNTY' �,' PLANNING DIVISION cot"Ity Of Bum July 8, 2002 office of Plaming Dapwfi 7 County Center Drive 01wille, CA 95965-3397 Re. Piwip go al use permit fipp}ica uon I julderstand dint d6a propefty is used as a homeless shobw by thu City Wide MinisttyThis a0rtt ' must ho 801ia finita on the nualber of egieflis dley oan serve an any gig day or week. Then has been a neptive nupact on the neighborhood as thwe ffO Oft t 1066 ilvdividuRhI wsffciftg to and fium the location. MY 001100M is tl if 8 U60 VIM* is granted do conga i t gwap and 9totive wee irtlo dwalW9 units, dw density wYft 91MV08e and the impapt will deffiutaly affbot our nmighborhood. We ass bawd 7 milds iivwrj Yip city of oroviftev tvid have dvmys been a Y W agricultwal area. The use of 5578 Old Olive o as A ShOW hW ib� a ChMmatic -chwip, I wn Thwk you for IV ounsid0 ti m 6 �S7 �(3 0X 0 0-- v e— Alm% 0 /o v1 C FD EC� EC�EOWE J U L 2 2 2002 BUTTE COUNTY PLANNING DIVISION County of Butte July 8, 2002 Office of Planning Department 7 County Center Drive Oroville, CA 95965-3397 Ike: Philip Cotton use permit application I understand that this property is used as a homeless shelter by the Ci ty Ministry- This `organization' must have some limits on the number of Wide they can serve on any given day or week. There has been ane tive impact on the neighborhood as there are often homeless individuals walking pact from the location. My concern is that if a use permit is g °and garage and storage area into dwelling units, the density ill ed tincrconvert the impact will definitely affect our neighborhood. We are located 7 mile and the the city of Oroville, and have always been a rural agricultural are es from of 5578 Old Olive H[ a. The use Hwy. as a shelter has been a dramatic change. I an, against increasing the dwelling capacity. Thank you for your consideration, 0t,iz ®Luf- 14 v-�1 12 c�I C D EC EHE J U L 2 2 2002 BUTTE COUNTY PLANNING DIVISION • To: Butte County Development Services Planning Division Subject: Notice of Proposed Minor Use Permit 5578 Old Olive Highway — APN 072-070-015 (SB) (MUP 02-18 Date: July 24, 2002 The following are the concerns of property owners in the immediate and surrounding area for the proposed Minor Use Permit for the property located at 5578 Old Olive Highway. 1. The use permit makes no reference to City Wide Ministries. City Wide Ministries is located on this property and are the main users of the property, see attached photo. Who are City Wide Ministries? What exactly is their function? It is the understanding within the neighborhood that they are some sort of rehabilitation group for substance abuse, parolees or the homeless. 2. The school bus stop is directly in front of this property.. 3. The response time for law enforcement in this area can be varied depending on the location of the Sheriff patrol car at the time of the call. Response can range from fifteen minutes to forty minutes. 4. If the property is a "Group Home" and is restricted to six residents we believe that it is in violation of the current use permit. At times there appears to be more than six residents. Who is responsible for enforcing the requirement of six residents and how is it monitored? 5. If you allow this use permit you will be allowing the owner/developer to expand these facilities and greatly exposing the neighborhood to the above concerns. It is the feeling of the undersigned that ANY use permit for the property located at 5578 Old Olive Highway specifies that no expansion be allowed under the guise of its current use. NAME ADDRESS To: Butte County Development Services Planning Division Subject: Notice of Proposed Minor Use Permit 5578 Old Olive Highway — APN 072-070-015 (SB) (MUP 02-18 Date: July 24, 2002 The following are the concerns of property owners in the immediate and surrounding area for the proposed Minor Use Permit for the property located at 5578 Old Olive Highway. 1. The use permit makes no reference to City Wide Ministries. City Wide Ministries is located on this property and are the main users of the property, see attached photo. Who are City Wide Ministries? What exactly is their function? It is the understanding within the neighborhood that they are some sort of rehabilitation group for substance abuse, parolees or the homeless. 2. The school bus stop is directly in front of this property. 3. The response time for law enforcement in this area can be varied depending on the location of the Sheriff patrol car at the time of the call. Response. can range from fifteen minutes to forty minutes. 4. If the property is a "Group Home" and is restricted to six residents we believe that it is in violation of the current use permit. At times there appears to be more than six residents. Who is responsible for enforcing the requirement of six residents and how is it monitored? 5. If you allow this use permit you will be allowing the owner/developer to expand these facilities and greatly exposing the neighborhood to the above concerns. It is the feeling of the undersigned that ANY use permit for the property located at 5578 Old Olive Highway specifies that no expansion be allowed under the guise of its current use. NAME ADDRESS p E C E o W E To: Butte County Development Services Planning Division J U L 2 2 2002 Subject: Notice of Proposed Minor Use Permit 5578 Old Olive Highway — APN 072-070-015 (SB)02-18 Date: July 24, 2002 BUTTE COUNTY PLANNING DIVISION The following are the concerns of property owners in the immediate and surrounding area for the proposed Minor Use Permit for the property located at 5578 Old Olive Highway. 1. The use permit makes no reference to City Wide Ministries. City Wide Ministries is located on this property and are the main users of the property, see attached photo. Who are City Wide Ministries? What exactly is their function? It is the understanding within the neighborhood that they are .some sort of rehabilitation group for substance abuse, parolees or the homeless. 2. The school bus stop is directly in front of this property. 3. The response time for law enforcement in this area can be varied depending on the location of the Sheriff patrol car at the time of the call. Response can range from fifteen minutes to forty minutes. 4. If the property is a "Group Home" and is restricted to six residents we believe that it is in violation of the current use permit. At times there appears to be more than six residents. Who is responsible for enforcing the requirement of six residents and how is it monitored? 5. If you allow this use permit you will be allowing the owner/developer to expand these facilities and, greatly exposing the neighborhood to the above concerns. It is the feeling of the undersigned that ANY use permit for the property located at 5578 Old Olive Highway specifies that no expansion be allowed under the guise of its current use. NAME ADDRESS 4 • To: Butte County Development Services Planning Division Subject: Notice of Proposed Minor Use Permit 5578 Old Olive Highway — APN 072-070-015 (SB) (MUP 02-18 Date: July 24, 2002 The following are the concerns of property owners in the immediate and surrounding area for the proposed Minor Use Permit for the property located at 5578 Old Olive Highway. 1. The use permit makes no reference to City Wide Ministries. City Wide Ministries is located on this property and are the main users of the property, see attached photo. Who are City Wide Ministries? What exactly is their function? It is the understanding within, the neighborhood that they are some sort of rehabilitation group for substance abuse, parolees or the homeless. 2. The school bus stop is directly in front of this -property. 3. The response time for law enforcement in this area can be varied depending on the location of the Sheriff patrol car at the time of the call. Response can range from fifteen minutes to forty minutes. 4. If the property is a "Group Home" and is restricted to six residents we believe that it is in violation of the current use permit. At times there appears to be more than six residents. Who is responsible for enforcing the requirement of six residents and how is it monitored? 5. If you allow this use permit you will be allowing the owner/developer to expand these facilities and greatly exposing. the neighborhood to the above concerns. -- It is the feeling of the undersigned that ANY use permit for the property located at 5578 Old Olive Highway specifies that no expansion be allowed under the guise of its current use. NAME ADDRESS J • To: Butte County Development Services Planning Division Subject: Notice of Proposed Minor Use Permit 5578 Old Olive Highway — APN 072-070-015 (SB) (MUP 02-18 Date: July 24, 2002 The following are the concerns of property owners in the immediate and surrounding area for the proposed Minor Use Permit for the property located at 5578 Old Olive Highway. 1. The use permit makes no.,reference to City Wide Ministries. City Wide Ministries is located on this property and are the main users of the property, see attached photo. Who are City Wide Ministries? What exactly is their function? It is the understanding within the neighborhood that they are some sort of rehabilitation group for substance abuse, parolees or the homeless. 2. The school bus stop is directly in front of this property. 3. The response time for law enforcement in this area can be varied depending on the location of the Sheriff patrol car at the time of the call. Response can range from fifteen minutes to forty minutes. 4. If the property is a "Group Home" and is restricted to six residents we believe that it is in violation of the current use permit. At times there appears to be more than six residents. Who is responsible for enforcing the requirement of six residents and how is it monitored? 5. If you allow this use permit you will be allowing the owner/developer to expand these facilities and greatly exposing the neighborhood to the above concerns. It is the feeling of the undersigned that ANY use permit for the property located at 5578 Old Olive Highway specifies that no expansion be allowed under the guise of its current use. NAME ADDRESS J E U -� c JUL 2 3 r '� BUTTE COUNT,' i v 11 • • Pate 1 of 2 Betts, Steve From: Wannenmacher, Felix Sent: Monday, August 19, 2002 2:59 PM To: Betts, Steve Cc: Breedon, Dan Subject: RE: Group homes Hi Steve, I spoke with Dan about this, but you have added something new. The parcel is zoned AR. 24-95 allows a "home" under (a) (2) as defined in 24-305.190. This is a permitted use, and it is the current use on the property. The second dwelling is for the owner. A second dwelling is allowed in AR with a minor use permit, as stated in (d)(2), if the requirements in 24-280 are met. You indicated that they would be (owner occupied, adequate parking spaces, parcel size, etc.), but this is not the issue. The neighbors have a problem with the existing use, not whether a second dwelling is present. They are asking for help with the current use. 24-41 does allow you to place conditions when granting the minor use permit. One of them, (c)(17) allows conditions necessary to ensure compatibility with surrounding uses. The question is what is the problem with the current use and are there conditions that would allow the second dwelling and help mitigate any problems. If you don't already know what the complaints of the neighbors are, you need to hear them out at the meeting. You may be able to fashion a condition that does not invalidate the current use, but minimizes any problem. If there are particular issues, you can let me know if you need help addressing them. Felix -----Original Message ----- From: Betts, Steve Sent: Monday, August 19, 20021:56 PM To: Wannenmacher, Felix Subject: Group homes Felix, Hopefully you will have time to answer this question for me regarding a group home issue. I am working on a minor use permit for a second dwelling unit and on the property is a group home (less than six people). The owner of the parcel would live in the proposed second dwelling unit and the group home would continue to operate out of the primary dwelling. At the first Planning Manager meeting that was held on this project, some residents in the area complained that the group home has caused problems and'they want the group home use to stop. I told them that I did not believe we could condition the project to prohibit a group home use in both dwelling units because it is a permitted use, but said I would check with County Counsel. - iMl Pr Conditions of the project would require that the owner�of the parcel to live in one of the two dwellings on the site. This would be a recorded document that runs with the land. I don't see how we could condition the project to prohibit a group home use. Let me know what you think. Thanks much. 8%19/2002 n ,, i •` f.a !•,� y7• '�'i'f.•�e .r t - "'. y� �it 4 "''t .tip �'w tis y r FwA..��-�+�,�� moi'., �i,',.. �: � ftr. 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The property is located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just southwest of Lost Horizon Drive, east Oroville area. APN 072-070-015 (SB) (MUP 02-18) Persons wishing to comment on the project may submit written comments to the Butte County Planning Division any time prior to July 23, 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 July 24, 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. l-EoWE 2 2 2002 BUTTE COUNTY PLANNING DIVISION �.09T5 t�1 KAPROJECTS\MENOR USE PERMInCotton\mailli IMUP0218.doc GLEN SPARKS 5578 OLD OLIVE HWY OROVILLE CA 95965 072050018000 ELAM GEORGINA RUTH 5440 OLD OLIVE HWY OROVILLE CA 95966 072050028000 RUSSELL WILLIAM F & BEVERLY E 5396 OLD OLIVE HWY OROVILLE CA 95966 072070010000 BEAN EDITH R (LE) 5488 OLD OLIVE HWY OROVILLE CA 95966 072070020000 BERRY LEROY J 6210 MINERS RANCH RD OROVILLE CA 95966 072080028000 CORPE JOHN A & TONI J P0BOX 150 OROVILLE CA 95965 072090002000 DUNN GLENN A & ELIZABETH J 352 CRANE AVE OROVII,LE CA 95966 .01----r--�,-, ! 072070015000 1 COTTON PHII.LIP 720 W FRANCISCO :t SAN RAFAEL CA 9490Y 072050010000 CASAGRANDE DAVID ALAN & CHE 5374 OLD OLIVE HWY OROVILLE CA 95965 072050020000 SOLIS FAMILY TRUST 5369 OLD OLIVE HWY OROVILLE CA 95965 072050029000 LEONG THOMAS S C TRUSTEE 1710 W LONGVIEW STOCKTON CA 95207 072070013000 BRYANT MARLENE Y (LE) 5,547 OLD OLIVE HWY OROVILLE CA 95966 072070021000 CONLEY CALVIN B & DENISE K 5961 INDIAN AVE SAN JOSE CA 95123 072080032000 BELOYED FRANK & CAROLYNNE 527 SILVER LEAF DR OROVILLE CA 95966-3959 072090031000 WELLS RAYMOND D & PAULINE JUNE 19 VALLEY VIEW DR OROVILLE CA 95966, stssajPPd =.� U3A%f a3� 072070015000 GREGERSON ALBERT C & THERESA 3532 ANZA WAY CHICO CA 95973 072050017000 ARNOLD LESLIE GRAY & BEULAH E 5420 OLD OLIVE HWY OROVILLE CA 95966 072050022000 BEERE RONALD S 14660 SUNNYMEAD DR LA MIRADA CA 9063&1048 072062017000 ANTONETTI JERRY A & MARY A IT 41 LOST HORIZON DRIVE OROVILLE CA 95966 072070016000 HAZELTON JAMES SR & GENA P 0 BOX 224 EAST MACHIAS ME 04630-0224 072080027000 ENSMINGER CURTIS A & SHANNON R 143 WILLOW PASS RD OROVILLE CA 95966 072080034000 VARASTEH BEN 45 SKINNER LANE OROVILLE CA 95966 091 5 jol aleldwal asn D E6koVL� J U L 2 2 2002 BUTTE COUNTY PLANNING OMSIO aj 430owS . .r,--. T " ....' l>r 'C . f •;(,t?•- . l J.`rrjT ( `i•. tl�' Fi Lr.;, '��' :. tti sae.. _, • _� �'�7 _:v' f _-fL4Q.`i _L'' -'C, - ',I) it F t r i. ♦ �I• (. �d-� ...+ + • - Yrs c. . � 1 '7 . IT 1 r J � J . .. • , !l � �r Yi -A / • r.. �'i' V 1 � 1 � f _ i tC. .' ,, ✓. .. A- E. i �.f it AV' •� _ _ � ... _ �'� .all , . :l�J,V�i i .1 1 + .rcf f (• 1 7 Wy--'fVY, 1 i r f , r!. -Z-ZQ-(v-oz ( Cre q:rs �O 9,c s+ \ncvs C Slna,4f•oeel ry \` � t1 e ko•.>er, var\-% "�y `b rnea stwtr 1�►.e) G es i ,,A-- c{o w �Q Name COTTON PHILLIP Ascot # 11 1 ` r ' '+Fee 2.070.015.000 Status JACTIVE Status Date Addrt 91'PARTRIDGE DR - Tax 000 NORMAL' OWNERSHIP . TRA` 091 001 Addr2 INOVAT0 CA 94945 Situs 15578 OLD -OLIVE HWY OROVILLE Addr3 Base'Dt 06!15!2001 Addr4 Land7,58,28101,J Timber Preserve Structure578J Comments 7207001500CONVERTED 09/08/88 AgPres --- Fixtures0 J Eta!; Creating Doc# 1 97381 8771 07 !Date Growing 0 J Notes Bonds 'Total L&I 121 858- J , ,Current Doc# 200180025560 Date 06/1512001 Fix. R 0, J Multi Situs Killing'Doc# Date _ J Flagl MH PP 0 AW Desc5578 OLD OLIVE HWY SuplCnt 1 - J Flag2 •PP 0 Zoning AR Dwell 0 J 910 MH' Exempt U 'Acres/Sq Ft 17 WC 072- Aamt PP PNet ` 121:858 J en - J Tax PP P.en J Appeal Pending) 1F/R:Dt J Split Pending R/C Stat =+'PHY :: SOWN;_ `- M %Xfi7"IF*TTAXW. IFET.HON'r,_ ATrT SIT,. APR; W1141 K-11 ►� - - % r> ,Find I1E1 .111 2001' AUpton,,01 /1.0'/2002J 2:50:18 PM', r!. -Z-ZQ-(v-oz ( Cre q:rs �O 9,c s+ \ncvs C Slna,4f•oeel ry \` � t1 e ko•.>er, var\-% "�y `b rnea stwtr 1�►.e) G es i ,,A-- c{o w �Q IT o� -o f CL SL C C R - --- -- Ftr O E C E o- J U N 2 6 .2002 E' BUTTE COUNTY ._ JUN-1 12002 - - -- PLANNING DIVISION - - %7iOUnty' Cen erDnvt N 1� L A N D O F NATURAL WEALTH 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 July 24, 2002 Philip Cotton 720 W. Francisco San Rafael, CA 94901 Re: Minor Use Permit, AP 072-070-015, MUP 02-18 Dear Mr. Cotton: At the regular'ineeting of the Butte County Planning Manager held July 24, 2002, the public hearing was continued open to August 21, 2002, at 9:00 a.m. to consider your application for a Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling. This meeting will be held in the Planning Division Conference Room, 7 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Uformskonti nue. frm Philip Cotton 141 Mabry way San Rafael Ca 94903 7/16/2002 Re: use of 5578 Old Olive hyw Dear Mr Betts Thank you for your Phone call yesterday Re: Violations At 5578 old olive I purchased this property June of last year The tenants (citywide ministries) were renting there prior to my purchase of the property. I purchased the property with the intention of living there myself. as far as Citywide , I was hoping That they could Keep a clean operation while I make preparations to Move to Oroville. This has not been the case The Residents of Citywide have not been supportive of my Idea of how the property should be maintained. . After 1 year of cleaning Up after these folks, I have had enough ! I have no -interest in having the ministry as a tenant In fact I don't foresee them renting from me much longer. I Served them with a Three day notice to correct The ten people living there then the to the allowable (6) and to remove the travel trailer Parked behind the house. The building conversation I have applied for is not for the expansion of The ministry but for my personal residences . I am only interested in Improving the appearance and flavor of the property that integrates with the existing character of the surrounding properties . Since my purchase last year I have replaced the failing septic system, remodeled the guest cottage, re painted the main house and removed many truckloads of debris. The business and the house that I own here in San Rafael are Currently on the market. I am looking forward to Making Oroville my home. Thank you for the copy of the zoning regs (24-95 A 2) after looking over the regs I don't see how Citywide could legally be at that that site. I don't believe that citywide has any license That the code is referring to . I will begin'to take steps to evict the current tenants. Thank you for your understanding and help through in this process Sincerely, Philip cotton 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 July 16, 2002 Philip Cotton 720 West Francisco San Rafael, CA 94901 Re: Group home on APN 072-070-015 (5578. Old Olive Highway, Oroville) Dear Mr. Cotton: Thank you for taking time to talk to on the phone yesterday. As I discussed with you, the group home operating out of the dwelling unit on your property may be in violation of Section 24-95(a)(2) of the Butte County Code. This section states that a group home is an allowed use in the Agricultural Residential zoning district, but shall serve six (6) or fewer persons. I was told by the group home office manager that the group home serves up to ten persons at a time. Additionally, during a recent site visit I observed a travel trailer that was set up behind the dwelling unit. An electrical power cord was connected to the travel trailer and it appears that the travel trailer was being utilized as a dwelling. Travel trailers are not allowed to be used as dwellings. During our conversation you stated that you would notify the group home operator to correct the violations. It is important to clear up these violations as soon as possible because failure to do so may result in action by the Butte County Code Enforcement office. Should you have any further questions regarding this matter, please contact me at (530) 538-7153. I can also be reached by e-mail at sbetts@buttecounty.net Sincerely, Stephen Betts Senior Planner 0 0 STANDARD CONDITIONS FOR MINOR USE PERMIT Cotton Minor Use Permit, File # MUP 02-18, APN 072-070-015 PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Building Permits Required. Prepare # 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. 2. Proposed improvements constitute a "change in use" or "change in the character of use" as stated in the building code. Improvement plans shall incorporate all code -required elements for the new use. 3. All structures shall be made accessible to the disabled. Disabled accessible parking and an accessible path of travel shall be provided. 4. Proposed improvements shall comply with Title 24 energy conservation regulations. Appropriate compliance forms (two sets) shall be submitted indicating compliance with those standards. 5. Proposed improvements shall comply with Butte County Code and FEMA Flood Hazard Prevention regulations. A FEMA Elevation Certificate, prepared by a qualified professional, shall be completed and submitted with improvement plans for the Building Division. 6. Proposed improvements shall comply with recorded map conditions applicable to construction. 7. Proposed improvements shall comply with Public Resources Code 4290 Fire Safe Construction standards. 8. 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. I. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. 3 • 5t~17 sr"(a � Rooje Ptd AP�GY /row s�Ec�r�� ,Ns P, Cloo.c�, ■ Use Permit Standard Conditions - Butte County ■ 4 BUTTE COUNTY DEVELOPMENT SERVICES PLANNING DIVISION NOTICE OF PROPOSED MINOR USE PERMIT Notice is hereby given that the Butte County Planning Manager is considering a Minor Use Permit application to convert an existing garage and storage area into a dwelling as a permanent second dwelling for Philip Cotton on property zoned A -R (Agricultural Residential). The property is located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just southwest of Lost Horizon Drive, east Oroville area. APN 072-070-015 (SB) (MUP 02-18) Persons wishing to comment on the project may submit written comments to the Butte County Planning Division any time prior to July 23, 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 July 24, 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. �y BUTTE COUNTY zRVlion►�$nfalHGaliii EPARTMENT OF DEVELOPMENT SERW ES PLANNING DMSION APR 2 2 2002 TO: Environmental Health 7 County Center Drive FROM: Butte County Planning Division Orovi e, cil RE: Request for Comments on a Development Application: Philip Cotton, MUP 02-18 DATE: April 19, 2002 CONTACT PERSON: Stephen Betts V 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, fust east of Willow Pass Road east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR E E PLANNING MANAGER - ON June 12, 2002. COMMENTS, ff ANY, ARE REQUESTED BY NO LATER THAN , 2001•, If no comments or communications are received by the above date, the assumption will be made that your agency as no comment. COMMENTS (Attach additional pages if necessary): . A n "Lon. .1, By: Date: 41, IT A t � r, •1 1 /� �1 � 1 � � ,1,IL , .. ,.. -V.1 _4 0 a 11 JUN 18 2002 BUTTE COUNTY May 15, 2002 Philip Cotton 720 West Francisco San Rafael, CA 94901 B E A U T Y 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 Re: Application Incomplete - Application for a Minor Use Permit for Philip Cotton, File # MUP 02-18, APN 072-070-015 Dear Mr. Cotton: Thank you for the submittal of the above referenced application. The project application, site plans, and related items have been reviewed by County Agencies in order to determine the completeness of the application. The Butte County Environmental Health Department requires additional information in order for them to evaluate your project. Enclosed is a memorandum from the Environmental Health Department. Because your project has been deemed "incomplete" no additional processing of your application will occur until the required information has been submitted to and approved by the Environmental Health Department. Also enclosed are copies of the comments we have received from other agencies concerning your project. Please review these comments and the conditions that are requested as part of the project's approval. Should you have any further questions regarding these comments, please contact Doug Fogel or Charlotte Walters of the Environmental Health Department at (530) 538-7281, or myself at (530) 538-7153. I can also be reached by e-mail at sbetts@buttecounty.net Sincerely, Stephen Betts Senior Planner Enc. BUTTE COUNTY "nvlranmpntalHe- :.-, DEPARTMENT OF DEVELOPMENT SERVICES RC1 PLANNING DIVISION APR 2 Z % COUf1f y � 2002 TO: Environmental Health Center Drive FROM: Butte County Planning Division Orovil"e, C4 RE: Request for Comments on a Development Application: Philip Cotton, MUP 02-18 DATE: April 19, 2002 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTH' MANAGER - ON June 12, 2002.� COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN, 200041f no comments or communications are received by the above date, the assumption will be made that your agency as no comment. COMMENTS (Attach additional oaees if necessarv): MAY .3 2002 BUTTE COUNTY PLANNING DIVIN • • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Philip Cotton, MUP 02-18 DATE: April 19, 2002 CONTACT PERSON: Stephen Betts LAFCo APR 2 3 2002 Oroville; California 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON June 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN , 200t '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): �droyill� CeMcf��y By: �L LUC41 Date: H- Zr- - o • 0 I -- BUTTE BUTTE COUNTY D E C E� U DEPARTMENT OF DEVELOPMENT SERVICE jn PLANNING DIVISION TO: Public Works APR 2 3 2002 FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Philip Cotton, MUP 2-18 BUTTE COUNTY DATE: April 19, 2002 CONTACT PERSON: Stephen e s PLANNING DIVISION 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 existiniz garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, just east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON June 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN, 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): GV0A16r- RECEWE® APR 2 1 2002 LAND DEVEEL®pMEt� T Day, • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: CDF FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Philip Cotton, MUP 02 - DATE: April 19, 2002 CONTACT PERSON: Stephen Betts RD EC EUVE APR 2 3 2002 ID BUTTE COUNTY 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, iust east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON June 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN, 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 ') A n i .• ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. APPLICANT: Philip Cotton AGENT: FILE #: MUP 02-18 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT DATE: April 19, 2002 APN: 072-070-015 PLANNER: Stephen Betts PROJECT DESCRIPTION: Minor Use Permit to convert existing garage and storage area into a dwelling as a permanent second dwelling PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. FIRE PROTECTION 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 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. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. v 4. In lieu ofa pre surized water system or water storage tank, payment of $200.00 per created parcel into the Battalion . water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. —8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 TO: FROM: RE: DATE: 0 - BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SER PLANNING DIVISION Ag. Commissioner Butte County Planning Division 710ESFRn FA 2 4 -2002 Request for Comments on a Development Application: Philip Cotton, MUP 02-18 April 19, 2002 CONTACT PERSON: Stephen Betts BUTTE COUNTY PLANNING DIVIN 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, iust east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER- S- (o -0 2 - ON June 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN, ZN4-. 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): vq0k Zvi 'moi rices ter'-� �SSu�- By: c I�%rf'�"'" Gly �-� U1en C� Date: AP 072-070-015 Phillip Cotton MUP 02-18 L r j v�— ::. 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'� %Y,`d.,�11��i2 '� �'''r'�rStir&�?$rhG 6sk3 . � ZF+us u lrb -..�, t 2rj t hn t s ✓ � `31+Y ...+:[�� < � <"y x 6 f<�J'yz : ,t >rrbd✓' •.`!yr[ :.>^,♦ .� v y .i. .'Y r :� ni �,.A 1� ✓ t,..•x• ,, `<rn<+i�-'°[^`�' 26s: 1 >i��i`^X.. .-•n.�r'�CS 700 0 700 1400 2100 2800 3500 4200 4900 5800 Feet BUTTE COUNTY PLANNING MANAGER Applicant: Phillip Cotton Owner: Same Hearing Date: Existing Zone: AR (Agricultural Residential) N Supervisorial Request: Minor Use Permit to convert an existing garage and storage area into a permanent second dwelling. District # 1 Assessor Parcel No: 072-070-015 FIIe:MUP 02-18 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Philip Cotton, MUP 02-18 DATE: April 19, 2002 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 existing garage and storage area into a dwelling as a permanent second dwelling on property zoned A -R (Agricultural Residential) located on the south side of Old Olive Highway, at 5578 Old Olive Highway, iust east of Willow Pass Road, east Oroville area., identified as APN 072-070-015. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE PLANNING MANAGER - ON June 12, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN, 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: • "DRAFT" LEAD IN SHEET FILE NO: MIP 1 IP AP# 0 ZJ: - 070 - o/ S- S-i� 9- lv rfe APPLICANT: DSD 441c6hebJ7, mfbyi } Qsf� � 8797 OWNER:,04/14,4 C®rTo-�� Tan W, FA -y cu'eo.4 5Aw RAP,4c-1 . c4 Fyw/ REPRESENTATIVE: 6w PROPOSED REQUEST: (to be filled out by person taking in application) M iaDz vS0' oO&A M) AL„1�QUEST: (to be filled out by project planner) ©rt -' ke• sO)4% sw,ode-' ,W Olide- 0j0 �01,T eq,- (,Jj lkelJ P4.SS Dead easy Drove\legre9 SIZE:, LOCATION: SUPERVISORAL DISTRICT # —I— EXISTING ZONING: •A- P— GENERAL PLAN DESIGNATION: 13 w W4 \ 191 oil I v. I I T. T mr. M. IF W. T me -1 wa W nw. - w F -w- WE i I s, ITT • 1 • • 0 Me, 1 PLANNERS INITIALS ✓5L Y► COMMENT DISTRIBUTION LIST, APPLICATION: DATE: County Offices and Cities: Chief Administrative Officer X Develop. Services Director X Environmental Health X Assesor _ Sheriff _ BCAG X LAFCo _ Air Quality Mgmt. Biggs _ Gridley . Oroville _ Paradise _ Information Systems Dept _ Animal Control Irrigation District: Butte Water —Biggs/W. Gridley Water _ OWID _ Paradise Irrigation —Table Mountain Irrigation _ Themtaiito Irrigation Domestic Water Butte Water District _Califomia Water Service Co. _ OWID _ Thennalito I rrigation District Sewer _ Butte Water District _ Themalito Irrigation _ 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 Paradise Recreation & Park _ Richvale Recreation & Parks Utilities _ PG&E North - Chico _ Chambers Cable TV _ PG&E South - Oroville _ Viacom Cable TV State Agencies _ 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 X-Pubiic 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 Property Owner Owner's Address p4ftf.p OWNERS AFFIDAVIT SECOND DWELLING UNIT CT'I-O!� L', p ECEOWE APR 1 8 2002 - .d, BUTTE COUNTY .PLANNING DIVISION Property Address 5-5 % y o`y oG."ye-- `o/-%4'' Assessor's Parcel# C> -720-700/,J'- Minor Use Permit# Property Description / Attached as Exhibit "A" owner of the above described property, do declare, that either the primarydwelling 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. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed d 1 0 , 2 this day of /"r Ari 4 99�� , at 01tcW1't G lifornia. Signed STATE OF CALIFORNIA COUNTY OF BUTTE On '1002 before me, �Y/u ��- �- � � personally appeared ,0&t1L-L1 j0 Co a -J , o personally known tome -OR - aorxoved tome 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 iri 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. CYNTHIA A. COSTA y COMM. f 1.279287 NOTARY PUBLIC -CALIFORNIA COUNTY OF BUTTE 6� Comm. Expires Oct. 30,2004 / // / f I I------- ---- 1 --------------- 072'070-0- 5 ---------072=070-0'1''5 - J LDR a - Cd- e ---- ,r----- - - -�- -- ---- ,__-_\� a Db OR! 14 il N' ;:C:E I v E APR 18 2002 Of T��G��I �U%�IVONV� Uki/��L�M�E �p{�G �I- I' I A APPROVED 2 DePment Pian DATE OCT I USE PERMIT - VARIANCE MINOR U.P. &I,ADM.PERMIT PLANNING COMMISS. DIRECTOR OF DEVELOPMENT SERVICES Q State of California Department of Alcohol and Drug Programs Licensed Residential Facilities and/or Certified Alcohol and Drug Programs As of: 07/08/2002 Butte County Program Name:. ALIGN, INC. Record ID: 040008AN Legal Name: ALIGN, INC. Service Type: NON Address: 259 TABLE MOUNTAIN BOULEVARD Resident Capacity: 0 City, State: OROVILLE, CA 95966- Total Occupancy: 0 Phone #: (530)899-7055 Program Name: BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH - ACCES Record ID: 040016AN Legal Name: BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH - ACCES Service Type: NON Address: 592 RIO LINDO Resident Capacity: 0 City, State: CHICO, CA 95926- Total Occupancy: 0 Phone #: (530)891-2999 Program Name: CHEROKEE HOUSE Record 1D: 040007AN Legal Name: CHEROKEE RESTORATION FELLOWSHIP Service Type: RES Address: 186 CRYSTAL PINES ROAD Resident Capacity: 6 City, State: OROVILLE, CA 95965- Total Occupancy: 6 Phone #: (530)533-5429 Program Name: CHEROKEE OUTPATIENT PROGRAM Record ID: 040007CN Legal Name: CHEROKEE RESTORATION FELLOWSHIP Service Type: NON Address: 1341 LINCOLN Resident Capacity: 0 City, State: OROVILLE, CA 95965- Total Occupancy: 0 Phone #: (530)534-4987 Program Name: CHEROKEE HOUSE Record ID: 040007BN Legal Name: CHEROKEE RESTORATION FELLOWSHIP Service Type: RES Address: 36 CRYSTAL PINES ROAD Resident Capacity: 6 City, State: OROVILLE, CA 95965- Total Occupancy: 6 Phone #: (530)533-5429 Program Name: FREEDOM INC. DAY TREATMENT PROGRAM Record ID: 040010AN Legal Name: NORTH VALLEY PARENT EDUCATION NETWORK Service Type: NON Address: 3114 MYERS STREET Resident C- aacity: 0 City, State: OROVILLE, CA 95966- Total Occupancy: 0 Phone #: (530)534-9958 Program Name: NORTHWEST TREATMENT CENTERS Record ID: 040013AN Legal Name: NORTHWEST TREATMENT CENTERS Service Type: RES Address: 2041 FOGGS AVENUE Resident Capacity: 6 City, State: OROVILLE, CA 95966- Total Occupancy: 6 Phone #: (530)532-1131 Program Name: OROVILLE RECOVERY CENTER WOMEN'S HOUSE Record ID: 040009AN Legal Name: OROVILLE RECOVERY CENTER Service Type: RES Address: 2472 A&B ORO QUINCY HIGHWAY Resident Capacity: 15 City, State: OROVILLE, CA 95966- Total Occupancy: 15 Phone #: (530)534-7321 State of California Department of Alcohol and Drug Programs Licensed Residential Facilities and/or Certified Alcohol and Drug Programs As of: 07/08/2002 Butte County Program Name: OROVILLE RECOVERY CENTER Record ID: 040009BN Legal Name: OROVILLE RECOVERY CENTER Service Type: RES Address: 2479 ORO QUINCY HIGHWAY Resident Capacity: 6 City, State: OROVILLE, CA 95966- Total Occupancy: 6 Phone #: (530)532-4210 Program Name: OROVILLE OUTPATIENT PROGRAM Record ID: 040012AN Legal Name: RIGHT ROAD RECOVERY PROGRAMS, INC. Service Type: NON Address: 1363 AND 1349 FEATHER RIVER BOULEVARD Resident Capacity: 0 City, State: OROVILLE, CA 95965- Total Occupancy: 0 Phone M (530)534-5132 Program Name: SKYWAY HOUSE Record ID: 040006BN Legal Name: SKYWAY HOUSE Service Type: RES Address: 6373 OAK WAY Resident Capacity: 14 City, State: PARADISE, CA 95969- Total Occupancy: 14 Phone #: (530)876-9436 Program Name: SKYWAY HOUSE Record ID: 040006EN Legal Name: SKYWAY HOUSE - Service Type: RES Address: 6363 OAK WAY Resident Capacity: 6 City, State: PARADISE, CA 95967- Total Occupancy: 6 Phone M (530)876-9436 Program Name: SKYWAY HOUSE Record ID: 040006CN Legal Name: SKYWAY HOUSE Service Type: RES Address: 4133 HIGHWAY 32 Resident Capacity: 22 City, State: CHICO, CA 95973-8705 Total Occupancy: 22 Phone #: (530)893-3698 Program Name: SKYWAY HOUSE Record ID: 040006DN Legal Name: SKYWAY HOUSE Service Type: NON Address: 774 BIRCH AVENUE Resident Capacity: 0 City, State: PARADISE, CA 95969- Total Occupancy: 0 Phone #: (530)876-9436 Program Name: CHICO RECOVERY CENTER Record 1D: 040004BP Legal Name: SMITH, RON W. Service Type: NON Address: 2055 FOREST AVENUE, SUITE 7 Resident Capacity: 0 City, State: CHICO, CA 95928- Total Occupancy: 0 Phone #: (530)343-6566 Program Name: THE ALTERNATIVE Record ID: 04001 IAN Legal Name: THE WAY TO INDEPENDENT LIVING Service Type: NON Address: 3420 MYERS STREET Resident Cv�)acity: 0 City, State: OROVILLE, CA 95966- Total Occupancy: 0 Phone #: (530)532-8883 State of California Department of Alcohol and Drug Programs Licensed Residential Facilities and/or Certified Alcohol and Drug Programs As of: 07/08/2002 Program Name: TRI -COUNTY TREATMENT Legal Name: TORRI, BARBARA Address: 2740 ORODAM BOULEVARD City, State: OROVILLE, CA 95966 - Phone #: (530)533-5272 Butte County Record ID: 040014AP Service Type: RES-DETOX Resident Capacity: 48 Total Occenancy: 60 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED HEARIN NOTIC was � J ca 072080032000 & CAP-OLYNNE BELOVED FRANK 527 SILVER LE ' AF DR ' OROVILLE CA 95966-3959 BEL0527 959662022 IA01 @S 07/09/02 / RETURN TO SENDER BELOYED 5626 OLD OLIVE HWY OROVILLE CA 95966-8809 RETURN TO SENDER D I V EMP .95%1— Il,l,,,i►I,I,i,,,li,„I, f,►Il,d 9, PC9TA0F B � \ ` ` COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 ' RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE to cHIc�6 AMP i o cvi��s A Ot03'02 CA f6s ALBERT C R. THERESA lz WAY ' 95973 { wa L GREG53? 95973RRI6 1N 18 07/11/0;z- RETURN 7/11/OaRETURN TO SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO�SENDER _ if1,::�rt��;i��rar�ti,,,ft��„t,�,,r � ��j COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED D �C PUBLIC n ,� HEARING U U -JUL 152002 5 2 002 801ECOU NOTICEPANINGDIVMISIYOfy A1hz6_ 6534- 0016000 LTON JAMES SR & GENA. OX 224 T MACHIAS ME 04630-0224 E HAZE224 04630.3006 1701 04 07/09/02 RETURN TO SENDER WAZELTON PO BOX 372 MACHIAS ME 04654-0372 RETURN TO SENDER U.S.OSTAGE � :F JUL-5'02 m)' .00 Z': r 6740727 COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED la,,� • r°^q tq p4':I P° <C.17 C"�QSS p aa',e �0 ,y ` PUBLIC ° � �Q`eC Oej6°°rf'S3 p ° Ssd° O L�cNdQ1 h °,pSrr°e p k�°wn t No NOTICE A* Vic 99L".1601`;_. ,r • ..�._� �� coy elt ry;;,.J.am Gena tr East- kAZE3^046543005'1C01 04 07/20/02 OTIFY DER OF NEW ADDRESS - - K. ELTO QUE1.I ME 04769-1823 „ ti,ei�l o . ' m Ll, 2 !- A�