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HomeMy WebLinkAboutMUP 03-10FILE #: MUP 03A0 PROJECT SUMMARY SHEET PROJECT TYPE: Minor Use Permit APPLICANT: Russell and Teresa Schwab ADDRESS: 292 Canyon Highlands Drive, Oroville, CA 95966 OWNER: Same PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROPERTY ZONED: AR -1 (Agricultural Residential - 1 acre parcels) LOCATED: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. AP#: 033-150-021 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: Low Density Residential 1. Application accepted: 5/6/03 Amount: $ 521:00 Receipt #: 21136 2. Comments sent to: DDS, PW, EH, Assessor, LAFCo, City of Oroville, CC, Ag. Comm., CDF, Dept. Social Services 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Mark Michelena 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report —Gen. Rule Ex. -CEQA # 15061.(bx3) w" Other 5rATUToR71/ 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: / -0?-4- d 3 Display Ad Prepared: 11. Notices Mailed: r d 9 Number of Notices: �'2� 12. Newspaper Publication Date:_ A/114- O C P G B 13. Planning Commission Hearing(s): 7—/0 —D 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 �,lse P�tIn t: 03 � n 18. Assessor's Memo: �Uli 44 19. Copy of Minor Use Permit / Variance to Planning Technician: AUG 4znn� Russell and Teresa Schwab, (Item determined to be statutorily exempt from environmental review), Minor Use Permit for a large family day care facility in the AR -1 (Agricultural Residential — 1 -acre parcel) zone. The property is located on the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville. APN 033-150-021 (MM) (MUP 03-10) Mr. Betts gave a brief summary of the project and a power point presentation. He noted the letters received. He said one concern was that there would be added noise. He said people were concerned with the dropping off and picking up of children. He said in a couple of the letters the concern is a faulty septic system. He said the applicant has stated that is not the case. He said Environmental Health inspected and passed the septic system. The hearing was opened to the public. Teresa Schwab said she has had plumbing leaks in the house in the past. She said the leaks have caused. problems, but have been repaired. She said Environmental Health cleared the system. She noted that there are neighbors that do not want any day care, large or small, at this location. Doug Fogel said he did not see a problem at this time. He said this is a small lot and there could be a problem in the future. He said if the system fails, it could not be replaced. He said the applicant would need to have a new system engineered or, hook up to City sewer. He said past problems have been corrected. The hearing was closed. Mr. Betts amended the Public Works Conditions by adding the following: "14. Provide sufficient on- site parking and circulation, which will allow vehicles to turn around. Vehicles associated with the permit use shall not be allowed to back onto Canyon Highlands Drive. 15. No on -street parking associated with the permitted use shall be allowed, unless the parcel frontage is improved to the satisfaction of the Director of Public Works, under permit by the Public Works Department. Any proposed frontage improvements shall be submitted to the Director of Public Works for review and approval prior to construction, and shall include, at a minimum, sufficient paving to allow safe parking and pedestrian access outside the existing traveled way of Canyon Highlands Drive." It was moved by Commissioner Evans, seconded by Commissioner Nelson, and unanimously carried to approve the Minor Use Permit for Russell and Teresa Schwab subject to the findings and conditions listed below adding new Conditions 14 and 15 under Public Works as stated above, and re -numbering the remaining conditions. ' I. Find that the application is Statutorily Exempt from environmental review under Section 15274(a), as defined by CEQA. II. Find that because the project is Statutorily Exempt, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 75.5. is not required. III. Recommend approval to the Planning Commission for a Minor Use Permit for Russell and Teresa Schwab for a large family day care facility for up to12 (14) children, MUP 03-10, on APN 033-150-021, based on the following findings and the conditions found in Exhibit "A": ■ BUTTE COUNTY PLANNIG COMMISSION ■ MINUTES ■ JULY 24, 2003 ■ PAGE 5 ■ A. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care, facility will not create a need, for any new structures or an alteration to any existing structures. 2. ' The availability of public facilities, services, and utilities: The large day care facility will not create a need for new public facilities, services, and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The project site is provided with municipal water and existing septic facilities. The Butte County Fire Department requires compliance with State Fire Marshall requirements.for large day care facilities. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed large day, care facility will not change the traditional architectural style that is of a character consistent with an urban residential neighborhood. The zoning does permit small day care facilities. The large day care facility has the potential of'a small increase in noise levels due to more children playing outside and a small increase in vehicle traffic. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. The large day care has the potential to add up to 16 daily trips. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area, for off-site parking spaces for the residents of *the dwelling and for employees/volunteers of the large family day care facility. There is also adequate parking for,an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. 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 ■ BUTTE COUNTY PLANNIG COMMISSION ■ MINUTES ■ JULY 24, 2003 ■ PAGE 6 ■ • detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. Conditions of Approval: The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. Minimum off-street parking shall be provided pursuant to the following standards: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee/volunteer. The two (2) required residential spaces may not be used for employees/volunteers. (c) Two (2) off-street parking space/loading area. 3. Large family day care homes located on principal or minor arterial roads as designated by the General Plan Circulation Element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. 5. The outside area of the day care facility shall be completely enclosed with a four (4) foot fence and access gates. The gates shall be able to be secured during day care operating hours. 6. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 7. The day care structure shall meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors operable from the inside without the use of a key or any special knowledge or effort. 8. Prior to use of the large day care, the facility shall be inspected by the Butte County Fire Department/CDF and the State Fire Marshal and shall meet the requirements of CCR Title 19. 9. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code. 10. The capacity of the Large Family Day Care facility may be increased administratively to 14 children when the Butte County Code is amended to conform to the State statute. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 24, 2003 ■ PAGE 7 ■ 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12., All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 13. Construct driveway to County Standard S-31. Driveway apron shall be paved per standard requirement 14. ,Provide sufficient on-site parking and circulation, which will allow vehicles to turn around. Vehicles associated with the permit use shall not be allowed to back onto Canyon Highlands Drive. 15. No on -street parking associated with the permitted use shall be allowed, unless the parcel frontage is improved to the satisfaction of the Director of Public Works, under permit by the Public Works Department. Any proposed frontage improvements shall be submitted to the Director of Public Works for review and approval prior to construction, and shall include, at a minimum, sufficient paving to allow safe parking and pedestrian access outside the existing traveled way of Canyon Highlands Drive. Fire Protection 16. Construction, installation or development of structures or facilities on the parcel/lot shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State County codes, ordinances and regulations in effect at the time of application for improvement permits. 17.. 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. County Counsel 18. 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 defend, indemnify and hold the County of Butte harmless 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. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JULY 2F 003 ■ PAGE 8 ■ COUNTY OF BUTTE 390 423 OFFICIAL RECEIPT FFn 2Z2,;Z/ Oi FTC O DEP RT NT ISSUING R J EIPT Received from °CV94WW y v g" Titre Sum of II'1� yy For t' d Received: /i33 ° /15-D - op, CASH ❑ CHECK —DIAC. ram 7AAJM1I Forth 75702 Title av 1 COUNTY OF BUTTE n OFFICIAL RECEIPT Q9042377 I-, Received from AL4,4o UIle Sum of Cs . 1/O For Received: Ocp' / Received By CASH Title CHECK ey DAVCO BUSINESS FORMS + (530) 743-8511 Form 757M Received From Russell & Teresa Schwab Applicant same Application Number, Tuesday, September 23,*2003 Devel6pmdnt Services Parcel Number PLANNING -DIVISION Ver. 1.0 Check Number Cash �r Counter $0.00 ALUC Total Received $$6.40 DDS Planning$86.40 Person : Diane (General Fund) Payment Date 9/22/2003 Public Works $0.00 i:390423 $0.00 Receipt Number Environmental Received From Russell & Teresa Schwab Applicant same Application Number, Mup 03-10 jor 19 Reference To Parcel Number '033-150-021 Check Number Cash ;7057 $0.00 ALUC Total Received $$6.40 Total Fees $86.40 Cell Tower $0.00 Public Sales $0.00 Other: $0.00 i I 0 61 CDF (Fire Department) $0.00 NOD / NOE (Recording Fee) $0.00 Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review $0.00 Fish/Game $0.00 ALUC $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower $0.00 Public Sales $0.00 Other: $0.00 i I 0 61 • Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Minor Use Permit Applicant: Russell & Teresa Schwab 292 Canyon Highlands Dr. Oroville, CA 95966 BUTTE COUNTY SEP 2 2 2003 DEVELOPMENT. SERVICES File: MUP 03-10 APN: 033-150-021 Date: September 18, 2003 MUP 0310 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our bill program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are ente and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $212.40 'Mapping 73.75 Clerical 150.25 TOTAL CHARGES: $ 436.40 The following payments have been applied to your application: Deposit Disbursement: Deposit Date: May 6, 2003 Environmental Health $92.00 Receipt: 21146 CDF/Fire Department $43.00 Total Payment $521.00 NOD/NOE filing fee $36.00 DEVELOPMENT SERVICES - PLANNING DEPOSIT $350.00 The costs thus far in processing your application have exceeded the deposited/paid amount by: $ 86.40 TOTAL PLANNING FEES DUE $ 86.40 1 Butte County Code 3-44 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 does 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. Biller: CS AMOUNT DUE AND PAYABLE October 2, 2003 $ 86.40 t K:\FISCAL ADMIN\BILLINGS & REFUNDS\SENT BILLINGS\Schwab MUP 03-10 091803 COUNTY OF BUTTE OFFICIAL RECEIPT Received from 0 pr"I 1-J Ile Sum of o�f� � For L�Lf T-DZ)n ^ 0, -9 Received: 010 '�� " OJT! % 9911,0 /U Received By CASH Title CHECK� By_ DAVCO BUSINESS FORMS • (530) 7434511 Form 75702 ra i 390422 92 — rl 2 , ' p i RCC The For Rec CASH U , Title CHECK 0 Coy(, By OAVCO BUSINESS FORMS • (530174348511 Farm 75702 COUNTY OF BUTTE 390422 OFFICIAL RECEIPT s RECEIVED FROM 0 COUNTY OF BUTTE AUDITOIFrS CERTIFICATE AND TREASURER'S RECEIPT 6R®VILLE, CA PLANNING. BAG # 38 ATR NO KAlt- 67414 912312003 FUN® FUND DESCRiPTf®N TITLE CODE DEPT CODE ACCT CASH CODE CODE AMOUNT DEPOSIT DATE: ' 9-23 RECEIPTS: 3915-3 423 PLANNING APDL FEES 1 GEHL 0010 440001 . 4210900 101001 1,376.45 Project Number Amount of Fee #027-210-025 E .Johnson AGFA 04-05 $300 #068-470-033 Ubiqukei MUP 04-01 $350 #040-280.054,070K Pa&:erTPM 03-14 $1,110.05 #033-150-021 R Schwab PUP 03-10 $86.40 � ENVIRONMENTAL HLTH GENL 0010 54LOW 4614901 101001 92.03 Project Number Amount of Fee #066-470-033 Ubiqukel itiAUP 0401 $92 FIRE PLNGs ADPL FEE FIRE PROTECT 0100 4617240 101001 43.00 Project Number Amount of Fee #166-47M33 Ubiquitei iAUP 04-01 $43 8 ODINOE CLERK'S FILING FE GENL 00$0 470 a 4612319 101001 36.09 (M) Project Number Amount of Fee #085.470-033 Ubiquke! AAUP 04-01 $36 TOTAL $ 29047.45 C _ APPROVED BY: RECEIVED BY: AUDITOR -CG 7OLLER TREASURER ite-tm-asurEr pink=�suditor canartf--deposkor goOden rod=file Butte County Departrnent ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Minor Use Permit Applicant: Russell & Teresa Schwab 292 Canyon Highlands Dr. Oroville, CA 95966 File: MUP 03-10 APN: 033-150-021 Date: September 18, 2003 MUP 03.10 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billil program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and a not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are enter and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $212.40 Mapping 73.75 Clerical 150.25 TOTAL CHARGES: $ 436.40 The following payments have been applied to your application: Deposit Disbursement: Deposit Date: May 6, 2003 Environmental Health $92.00 Receipt: 21146 CDF/Fire Department $43.00 Total Payment $521.00 NOD/NOE filing fee $36.00 DEVELOPMENT SERVICES - PLANNING DEPOSIT costs thus far in processing your application have exceeded the deposited/paid amount by: $ 86.40 TOTAL PLANNING FEES DUE $ 86.40 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 balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event It applicant does 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 $6.40 October 2, 2003 K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\SENT BILLINGS\Schwab MUP 03-10 091803 T 9/8/2003 Butte County Department of Development Services 4:00 PM Pre -bill Worksheet Page 1 Nickname Schwab.MUP 03-101 MUP 03-10 p��7 s<6� ��PoyM ��1 Full Name Russell & Teresa Schwab ma / Address 292 Canyon Highlands Dr.��� Oroville CA 95966 C_�Z�-00 Business Fax Home 533-4518 Other fin/ Project Type MUP °"" `` Deposit Status Deposit Project Planner Mark Michelena NUnb Salutation Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 5/6/2003 Mark 59.00 0.50 29.50 Billable Circulation - Planner Determine an application's completeness/circulate for staff comments/analysis. 5/20/2003 Lynn 45.00 0.58 26.25 Billable Clerical Activities Set up file 5/21/2003 Lynn 45.00 0.18 8.25 Billable Clerical Activities Set up file 5/22/2003 Roni 34.00 0.25 8.50 Billable Clerical Activities Access 5/28/2003 Larry 59.00 1.25 73.75 Billable Mapping Mapping 6/18/2003 Mark 59.00 0.42 24.58 Billable Report Report 6/19/2003 Mark 59.00 0.58 34.42 Billable Report Reports & analysis related to the application/report. 6/23/2003 Lynn 45.00 0.67 30.00 Billable Notification - Clerical Notification activities related to applicants. 6/24/2003 Mark 59.00 0.25 14.75 Billable Phone Calls/Counter - Clerical Phone call 9/8/2003 Butte County Department of Development Senaces 4:00 PM Pre-bill Worksheet Schwab.MUP 03-10:Russell & Teresa Schwab (continued) Date Employee Rate Hours Task Markup % DNB Time Amount DNB Amt Page 2 Total 7/2/2003 Lynn 45.00 1.13 51.00 Billable Clerical Activities Proof, copy 7/2/2003 Mark 59.00 0.50 29.50 Billable Meeting - Planner Meeting 7/3/2003 Cheryl 45.00 0.08 3.75 Billable Administrative-Clerical Report 7/3/2003 Mark 59.00 0.25 14.75 Billable Report Report 7/23/2003 Steve 59.00 0.27 15.73 Billable Report PowerPoint presentation 7/23/2003 Mark 59.00 0.25 14.75 Billable_ Report Reports & analysis related to the application/report. 7/24/2003 Steve 59.00 0.30 17.70 Billable Report Powerpoint presentation 7/24/2003 Steve 59.00 0.28 16.72 Billable Meeting - Planner Time spent in PC 7/24/2003 Lynn 45.00 0.28 12.75 Billable Mtg - Clerical Arrange/attend associated with project review (not incl Public Hearings). 7/24/2003 Lynn 45.00 0.17 7.50 Billable Letters - Clerical Prepare & process correspondence. 7/24/2003 Lynn 45.00 0.33 15.00 Do Not Bill Minutes - Clerical 0.33 15.00 Minutes related to application. 9/8/2003 Butte County Department of Development Services 4:00 PM Pre -bill Worksheet Page 3 Schwab.MUP 03-10:Russell & Teresa Schwab (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 8/6/2003 Cheryl 45.00 0.05 2.25 Billable Administrative -Clerical Time spent on billing and other administrative tasks not related to processing . TOTAL Billable Fees 8.24 $436.40 Do Not Bill 0.33 $15.00 Total of billable expense slips $0.00 Amount Total Total of Fees (Time Charges) $436.40 Total of Costs (Expense Charges) __$0.00 $0.00 Total new charges $436.40 Accounts Receivables Date Type Description 5/6/2003 CRED Credit -Initial Deposit ($350.00) Receipt 21136, Check 6902 5/7/2003 INV Invoice-NOD/NOE Filing Fee due $36.00 5/7/2003 PAY Payment -Thank you ($36.00) Total Accounts Receivable ($350.00) Total New Balance $86.40 Amount to replenish account to $350.00 $350.00 F r RECEIVED FRO. 9 Ll COUE~ rf OF BUTTE A �EzFT0R;S CEiv T EFICATE AND TREASURER'S REC EF°T ORO LLE, CA PLAINNENG SAG 03223 ATR NO HATE 61712803 FUND FUND DEPT ACCT CASH E ESC EPTu TITLE CODE CODE CODE CODE A€ OUENT DEPOSE e DATE: E: 5 7 RECEIPTS: 21132-2-1138 PLAWNW-0 APPL FEES GEHL 0010 4. 1 421GM lolimil 992.64 Projed Numh—er Amount e6 Pee T E�Es`k9Lg'� =R` *341-030-004 Calif 'Atter Svcs LIP 03-05 $3,90A2 € MG -360-913 C Carter TSAR QM3 $282A2 #033-1%021 R 9 T Schwab f4UP 03-10 $350 E RONSIMEN-- AL VdLTH GENL MID :v .m 4SI4931 dalml 2. Project Number An -muni of Fee 0333-150.021 rR & T SoFwZb fVWP x!3-10 $92 FERE PLNG AP PL FEE FIRE PROTECT 0100 4617240 101WI 43.00 Project Number .Amount of Fee .r X33 -45M21 R & T Se'n-oab l�iUP O3-10 $43 40WHOE CLERKS FiLiNG FE GEM 0010 47EW1 41,6123t9 1=31. 72.€3 ( ) Project Number Arnourt ea Fee #33-116M21 R & T Schwab l2UF 03-10 $36 #0133-010-673 R Faulkner TM4 02-32 $36 FISH & GA rE FEES CLERKRECORE 1W1 230 101 14M 1, .00 Project Number An, ount of Fee 3-3MI10 C Carter TSW, 03-03 $1,1:50.00 ' 00C! E4,WCOPY SALES GENL W,10 46 51 4.711918 101-031 IO APPRU,v'F=P = BY: 'RECEE ED BY: AF � €—FYI, r:-�4r' €`5 ��t 6 •�t'e�. _-vim �.v4..LE=l� T E�Es`k9Lg'� =R` .r 0 \� DEPARTM T OF DEVELOPM T SERVICES BUTT OUNTY UNIFORM APP CATION .APPLICANT: Agent information to be provided is on other side: . LICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: 033 SO _4 ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) ;V72 CaafaL2 ALL NAME OF PROPOS PROJECT ( any ' l ^ �59� TELEPHONE Jnr,—t IY)i aq� �l% W/ '/)�D T (S-30) -03`4S I F LOCATION OF PROJECT ( Major cross streets and Address. if any ) GENERAL INFORMATION REOUIRED QN,NER'S NAME / BUTTE TELEPHONE (530 533 5! ADDRESS: t oZ a r) CITY. STATE & ZIP CODE: ����� r. , / 1(f, ZONE GENERAL PLA EXISTINGND USE SITE SIZE ( in Square Feet or Acres ) ILDkes SERVICES i `%+'iA 1 1 0.3 Ac, EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) S 03 S +. N IN (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED JW PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER 9K PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT BUTTE COUNTY K MINOR USE PERMIT MAY 0 6 2003 ❑ VARIANCE C3 MINOR MINOR VARIANCE SERVICES ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT 0 TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY L(NE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER PROJECT DESCRIP'T'ION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division. describe the number and size of parcels.) �r1 OWNER CERTIFICATION I CERTIFY THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. 1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND AC'CUPATE. (If an agent is to be authorized. execute an affidavit of authoriz,*ietrmnt ieclde the affidavit with this application.) DATE: '-'i/ (e) /0 � SIGNATURE: w AGENT AUTHORIZATION' To Butte County, Department of Development Services: Print Name of Agent and Phone Number Sc/U)a,b 5 lV ,C�a is hereby authorized to process this application for ar-e on my property, identified as Butte County Assessor Parcel Number BUTTE COUNTY MAY 0 6 2003 DEVELOPMENT This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print . Name (i�� /M - 10 Sienature Architect and/or Engineer: Print Name of Xie itect/Engineer and Phone Number MaiLing Address FOR OFFICE USE ONLY VCrify: Date Received: S Total Amount Received: J��y AP Number(s) ✓ Legal Description —�— Owners Authorization Zoning Requirements --'—Pro.ject Description Copies of plot plan Taken by JL&k Receipt No. d 1 � A E.H.LD Plan FD 3 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 $ 45-21- 00 as of L4 1 -30 Make check payable to "Butte County Treasurer". No 6- 2 • • BUTTE COUNTY COUNTY OF BUTTE MAY 0 6 2003 ENVIRONMENTAL INFORMATION FORM DEVELOPMENT (To be completed By Project Applicant) SERVICES Date Filed GENERAL INFORMATION: 1. Na and address 9f owner, and/or de lop r, and/or project sponsor: 2. 3. in on �ilah�5 9a Cto/ e. Address of project: Assessor's Parcel Number: 03:S— .JD — 0 ! Zs Name, address, and telephone number of person to be g cont oc ed concernin this project: "Pu ssr 11 /�t--v5�r�a.,� .� hre ss a ova _S33 -Ll. 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: �W/mor S Li S� 5. Existing general plan designation: 6. Existing zoning district: 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): �/7�j�� Q. Q�/(,5Z1ce TV - Project Description: 9. Site size: - 10. Off-street parking spaces: Full size: Total: 11. Plans attached: Yes ✓ No 12. Proposed development schedule_ 13. Associated projects 14. Anticipated incremental or phased development Compact: ❑ Butte County Department of Development Services ❑ Planning Division ❑ (Acres/Sq. Feet) r M .9 Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required.If ermits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons ✓ or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. ✓ 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels ✓, in the vicinity. 27. Site on filled land or on slopes of. 10 percent or more. �✓ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. ✓ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 may. Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. BUTTE COUNTY MAY u 6 1003 ,5 4 O 2 �� DES LOPRVICES Date 7 ture y s n c a i s cam -C �- u- Se � r - r�C o CC (_2� ave. s T�.�� r�e a. lar� P70 K:\Planning\FORMS\Submittal\ENV-INFO.FRM O Butte County Department of Development Services O Planning Division 0 n_ MINOR USE PERMIT . BUTTE COUNTY APPLICATION PACKET CHECKLIST MAY 0 6 2003 DEVELOPMENT SERVICES 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. i Applicant Planner 1. [],-,A completed, signed, Uniform Application. If -the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or legal agent. r' 2. 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) include a detailed site plan drawn to scale. All plans ❑ Twent (20) copies of plans which shall incl p Y shall be drawn on uniform size sheets norgreater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11 ". The detailed site plan must include: a. EK 6/Name and address of Applicant, Engineer and/or Architect b. '0 P Property lines and lot dimensions C. Assessor Parcel Number(s) and the street address. 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 and potable water supply. f. ❑ Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, to the property lines. g. ❑ ❑ North arrow and scale of drawing. All plans shall be drawn to an engineering scale with the preferred scale of 1 " = 20', with a north arrow preferably oriented to the top of sheet. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 h./U 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 Denartment. or Aericulture Commissioner. Signature: e Applicant/Representative ��/ALA�/ Signature: Planning Receiving Application 13 Date: 5/4/ �2-3 Date: 5 b BUTTE COUNTY MAY 0 6 2003 DEVELOPMENT SERVICES 01 IF INSUFFICIENT INFORMATION IS SUBMITTED. THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 Smooth Feed Sheets7m • K:\PROJECTS\MINOR USE PERMIT\Schwab\LabelsMUP03-10.doc 033140011000 WALLACE JOHN E & E ARLENE 302 CANYON HIGHLANDS DR OROVILLE CA 95966 033140019000 FAIGHT JOHN & PATRICIA 297 CANYON HIGHLANDS OROVILLE CA 95966 033140024000 FLEMING DAVID H TRUSTEE 305 CANYON HIGHLANDS DR OROVILLE CA 95966 033150014000 ELAM LESLIE & KIMBERLEY 275 CANYON HIGHLANDS OROVILLE CA 95966 Use template for 5160® 033150021000 033140010000 SCHWAB RUSSELL & TERESA REAVIS ANNA LOUISE TRUSTEE 292 CANYON HIGHLANDS DR 304 CANYON HIGHLANDS DR OROVILLE CA 95966 OROVILLE CA 95966 033140015000 033140018000 BERTOGLIO MARK R TRUSTEE POLK JAMES DAVID & RENEE JEAN 293 CANYON HIGHLANDS DR 301 CANYON HIGHLAND DR OROVILLE CA 95966 OROVILLE CA 95966 033140020000 033140021000 MYLES KARRI & AIMEE GRIEB DAVID B & SANDRA L JT 298 CANYON HIGHLANDS DR 300 CANYON HILNDS OROVILLE CA 95966-3740 OROVILLE CA 95965 033150008000 033150010000 FARRIS JILL L KOSKINEN PAUL & PATRICIA MUL 278 CANYON HIGHLAND DR 272 CANYON HIGHLANDS DR OROVILLE CA 95966 OROVILLE CA 95966-3740 033150015000 033150017000 DAMON NANCY A STEVENSON NORMAN P & ELOUISE 280 CANYON HIGHLANDS DR 271 CANYON HIGHLANDS DR OROVILLE CA 95966 OROVILLE CA 95966-3739 033150019000 033150020000 033150022000 MCAVOY PATRICK M & MARY L MASTELOTTO BERTHE LOU TRUSTEE VANZANDT KEITHLEY R 274 CANYON HIGHLANDS DR P O BOX 5609 288 CANYON HIGHLANDS DR OROVILLE CA 95966 OROVILLE CA 95966-0609 OROVILLE CA 95966 033150023000 033150024000 033150025000 WEST GEORGE & MARJORIE OBRIEN HILL JIM & WILMA PITTMAN DAVID W & CHERYL L JT 682 LONG BAR RD 284 CANYON HIGHLANDS DR 282 CANYON HIGHLANDS DR OROVILLE CA 95966-9203 OROVILLE CA 95966 OROVILLE CA 95966 033150026000, BEYLOOS STEPHEN C P O BOX 1763 OROVILLE CA 95965 033160004000 DALEY DOUGLASS ROGER 260 CANYON HIGHLANDS DR OROVILLE CA 95966 033160001000 MASTON KAY & SHAWN WELCH 270 CANYON HIGHLANDS DR OROVILLE CA 95966-3740 033160012000 HERNANDEZ ROMAN C 261 CANYON HIGHLANDS DR OROVILLE CA 95966-3739 033160017000 033160018000 WEEKS CHARLES W BURNETT SAMMY G & JULIE P 269 CANYON HIGHLANDS DR 265 CANYON HIGHLANDS OROVILLE CA 95966 OROVILLE CA 95966-3739 N AVERYO Address Labels 01 033160002000 COLLINS MARK P & MICHELLE M 266 CANYON HIGHLANDS DR OROVILLE CA 95966-3740 033160013000 HERRINGTON CYNTHIA L 263 CANYON HIGHLANDS DRIVE OROVILLE CA 95966 033160024000 MERRICK DALLAS & JUDITH R 262 CANYON HIGHLANDS DR OROVILLE CA 95966-3740 Laser 5160® Smooth.Feed SheetsTM • 033370007000 BROWN HARLEY JR & SHIRLENE 283 CANYON HI'QfkLANDS DR OROVILLE CA 95966 033370030000 CONNER DAVID J & SUSAN Y 143 VALLEY VIEW DR OROVILLE CA 95966-3721 033370008000 LANE ROBERT BURGOYNE TRUSTEE 279 CYN HIGHLANDS DR OROVILLE CA 95966 Use template for 51600 033370013000 KUSEL MARIAN S TRUSTEE 285 CANYON HIGHLANDS DR OROVILLE CA 95966 MAVERY@ Address Labels Laser 5160® A-r AP O�3-i50- 0*1 mUto 03-I0 O33- i Sa- C> �'c r 3 (�3�-1 L,o- 10 J Io3�- i 4 e� O j c��Y�s A O l Ipig G'©u� O 2,L,2rzi II Q 1 °1 F-A3 ov ®Z S!r- jo I c) 1 s t-ro �J i 7 ST15'f N -s: O1J N I D`� I 2C) IC 2 2 v i=sN I o 23 wSs�7- 6- I (� 2 1-41 LL 3 I d -S C��� - ► �� od 1 �.--�s ; -ate �c !I DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 FILING NO. Project Title/File Number: Minor Use Permit, MUP 03-10 APN: 033-150-021 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: AUG 1 9 2003 CAANQ E J. GRUB S, 4JTT_ CO.CLERK 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee (.) B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # 21136 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: August 14, 2003 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit, MUP 03-10 Assessor's Parcel No.: 033-150-021 Applicant: Russell and Teresa Schwab, 292 Canyon Highlands Drive, Oroville, CA 95966 Project Location -Specific: On the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville. Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a large family daycare facility Name of Person or Agency Approving Project: Butte. County Planning Commission Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] Categorical Exemption. State type and section number: 15305(a) X Statutorily Exempt—15274(a) Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. Contact Person: Mark Michelena 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: S nature, ne Chri t her rector- Dev lopmen Services ON I REC EiVED FROM COUI-w.I r`vf OF BLIT e � ::LEElfTC-R`S C ERIFIFnCATE MID TR?E.Fk SURER` S RE—CErF `T ORICIALLE, CA C L<dsE�iMIHIC BAG 19, 323 DEPOSE e G.A 6 E: 7 REC- E9PTS: 2 a 1 -Li a. AIR WO SATE 6348006 E4712003 FLEIND FUND DEPT AGCT CASH TBTLE CODE CODE CODE CODE A€�0U.K. T PLAHMNG APDL FEES GENL Wk10 440MI Project Number x`04 9-0*31€3-1154 Calif I r Svcs LIP 03-05 E-38�-� S S C 4artar T�� C3-�3 903,M50-021 R &T c?n4a MUP 03-io E R0fmlIMEf� ML HL eH QEEL Millo 54MM' Pro-jecr MuTober 6033-450.029 r2 &T Scimeb MUP 03-40 FIRE PLE40 APDL FEE FERE PROTECT OICQ Project Number X33-950-029 R & T Schwab fUP 03-4`1 MC) W OE CLEWS FILING FE GEML MIS 'M (MB) Project Number M-31,1 5M129 R 3:T SchoYab MUP 0.3-90 33-090-073 R Faurk er TPM 02-32 FISH & GAME FEES CLERMORECORE M o ;S`SQHM) Projeot Mummer 035.3-300-1 9 Q C Caner 603-03 A:30CUMEM-TikCOPY SALES GEML 0310 4.40XIM LES? . 421,M- ` M. - u . Amount cF. Fee $3,90.12, $232.42 $350 4 14WI MUM �. Amount of Fee $92 4817240 1010071 Amount of s=ee $43 12M laiaol. 72.00 Amount t el Fee $35 $30 23LI iol uz Amount of Fee 2P 4 ,250.0a 4 119to 1€103M TOTAL 2,4151.044 RECERVEM BY: n .':.'V u". ... ...=''e pm,c EF.5�:3�.�: sr•tS=C _ .c t.�.te g,�t.?=i:"e". °a..LLa,_.. i DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) _ NAME AND ADDRESS OF APPLICANT Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 rnnmo FILING NO. Project Title/File Number: Minor Use Permit, MUP 03-10 APN: 033-150-021 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # 21136 - 2. ( ) NON-PAYMENT: The above fees are required. Not paid... -- AUG 2 2 2003 CITY OF CHICO PLANNING DIVISION Chief Planning Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: August 14, 2003 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit, MUP 03-10 Assessor's Parcel No.: 033-150-021 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Russell and Teresa Schwab, 292 Canyon Highlands Drive, Oroville, CA 95966 Project Location -Specific: On the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville. Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit for a large family daycare facility Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] _ Categorical Exemption. State type and section number: 15305(a) X Statutorily Exempt—15274(a) Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. Contact Person: Mark Michelena Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemptionbeen filed by the public agency approving the project? Yes No Date Received For Filing: �� P ECO .EF�a;E`I ,SAF-tBv�F�TME -c- i�:UFNT�+R'S CERIPF`iCATE AND F6-,EA-4f..vLRf=—R'S R9iCE,. `COROVILLE, CA AER WO 6 34 80 1 REC Er lvg0 FROM PLAMM5F`dG BAG @ Mea DATE EE 617M-03 FUIND FUND DEPT ACCT CASH 0ESCRTF` b -0G TITLE CODE CODE C DC CODE AMOUNT. REPOS 0 Dia 6 : 5-7 RECECPTS: 21M-21138 PLAMWN;€-G APPL FEES GEV.L 0.104-40MI 4-MBOM • GiM. m T62.64 Aroed Number Amount cf. Fee 6-011-030-054 CER Alater Svcs LI? 03-05 $380.12 #,358-350- 1S3 C Carter 733M 03-03 $282.42 Mn.160-029 R P T Sclmmb MMP 03-10 $350 c""WWROMMEN TAL HLT H GEHL QW90 .540MY .4SI4801 iolool Projed Number Am: unt of Fee 033-4,50-021 R &T3ci�� MUP 0",10 $22 FIRE PL NG APDL FEE FIRE PROTECT 0100 4517240 101001 43.E 7`ioject Number Amount of Fee X33-i5M29 R &T Schl omb IVIUP 03-4:t $43 40MMOE CLERK'S FILING FE GEML 0010 47c,001 �123t9 if-mm4. 72-00 Qom) P€ojed Number Ary-dc Fee x€'63',1 15 F124 R &T Sc%byab MUP 03-10 $38 33-4Q-073 R Faulkner TPM 02-32 $36 FISH & GAME FEES CLERFURECORE e02 - a 2W W [ 14 I,�.,". (3� 1 a -WS Number And ourat of Fee dPf9rojed LA [2 - r."VV•Ji +�! iiJ l.• i.�G�l T NI 61�-LiJ .�,. t�M.Go DO€ UMPE UCOF SALES GEE%.PL calx 4410vOFI 47418U1i 010-31 t5o A, F -Ii F..� RC a L� -,RC f LER t TOTAL 2, -4 5 1. 0441 RECE?WD BY: �MkSURER �45"'=•_c -..=-SC- _'en!'c L'?.'^• 7 1: bac_ E'4a'_' i -de. `'r:(�-T -p n. ;;;„t €L ■ Complete items 1, Wd 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. Signature X— ( Printed Name) I C. Date of Delivery 4 I � 1 � "• D. Is delivery address different from item 1 ? ❑ Yes If YES, enter delivery address below: ❑ No Russell and Teresa Schwab j t 292 Canyon Highlands Drive ' l Oroville, CA 95966 3. Servjee Type j Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service label)y '?001 1940 0005 :4°,4-2 3 810 ;- _.� PS Form 3811, August 2001 Domestic Return Receipte- �`'t� UNITED STATES POS�L SERVICE • Fi,� L-- • Sender: Please p 2UG3 COUNTY OF BUTTE irst-Class Mail �stagel Fees'Paid yM SPS - ,Permif No..G-10-- DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 BUTTE COUNTY AUG 19 2003 DEVELOPMENT SERVICES MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION 14= DATE: (Certified Mail Rec.) MUP 03-10 PERMIT NO. 033-150-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Russell and Teresa Schwab are hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a large family day care allowing up to 12 children, inclusive of children under 10 years old living in the residence (administratively approved to 14 children when the Butte County Code is amended to conform to the State statute). 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. 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. 4. 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. The approving authority may grant or deny an application for renewal of a minor use permit. 5. The minor use permit shall expire and the permit shall thereafter be of no further force or effect if the use, business, or service for which the minor use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar days except for: (1) Destruction or damage by acts of God; or V (2) Destruction or damage by malicious acts; or (3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning manager. 6. 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: The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. Minimum off-street parking shall be provided pursuant to the following standards: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1)' off-street parking space for each employee/volunteer. The two (2) required residential spaces may not be used for employees/volunteers. (c) Two (2) off-street parking space/loading area. 3. Large family day care homes located on principal or minor arterial roads as designated by the General Plan Circulation Element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. The outside area of the day care facility shall be completely enclosed with a four (4) foot fence and access gates. The gates shall be able to be secured during day care operating hours. 6. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. , 7. The day care structure shall meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors .operable from the inside without the use of a key or any special knowledge or effort. Prior to use of the large day care, the facility shall be inspected by the Butte County Fire Department/CDF and the State Fire Marshal and shall meet the requirements of CCR Title 19. 9. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code. 2 V 10. The capacity of the Large Family Day Care facility may be increased administratively to 14 children when the Butte County Code is amended to conform to the State statute. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 13. Construct driveway to County Standard S-31. Driveway apron shall be paved per standard requirement 14. Provide sufficient on-site parking and circulation, which will allow vehicles to turn around. Vehicles associated with the permit use shall not be allowed to back onto Canyon Highlands Drive. 15. No on -street parking associated with the permitted use shall be allowed, unless the parcel frontage is improved to the satisfaction of the Director of Public Works, under permit by the Public Works Department. Any proposed frontage improvements shall be submitted to the Director of Public Works for review and approval prior to construction, and shall include, at a minimum, sufficient paving to allow safe parking and pedestrian access outside the existing traveled way of Canyon Highlands Drive. Fire Protection 16. Construction, installation or development of structures or facilities on the parcel/lot_ shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State County codes, ordinances and regulations' in effect at the time of application for improvement permits. 17. 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. County Counsel 18. 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 defend, indemnify and hold the County of Butte harmless 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. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. -Butte County Planning Commission Chairman CC: Land Development Division Building Division Health Department Department of Forestry 4 Q. Dei mcvleA cnck'M0.2 13. C o n CI(Ae. Pk�� o. C, Car Por D, Dwe« t n E V, Wal K G . ,?adeA TDc\Je VJO.y CYGicin2 Fernc,e, scoi2 , j2' -;:. I D' on. C A 2 E > m.._o.o o.Im.o.doo -d-o O ra--o—o-mo AP/PROVED Q DeV lopment Piana- DATE 2 4 10 3 USE PERMIT VARIANCE MINOR U.P. ADM.PERMIT_._..._ PLANNING COMMISS. , �?7 DIRECTOR OF. DEVELOPMENT SERVICES BUTTE ' Canyon �-it ���ndS �y MAY06 0 g COUNTY 2 03 DEVELOPMENT SERVICES (A 1 MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: _ Butte County Planning Department SUBJECT: Russell and Teresa Schwab, MUP 03-10 DATE: August 14, 2003 Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as 033-150-021, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Minor Use Permit for a large family daycare facility on the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville, in zoning district AR -1, (Agricultural -Residential, 1 -acre parcels) Documend 2 r� Butte County Department ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING August 14, 2003 Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 CERTIFIED MAIL Re: Minor Use Permit, MUP 03-10, APN 033-150-021 Dear Mr. and Mrs. Schwab: Enclosed is your validated Minor Use Permit, .# MUP 03-10, to allow a large family daycare facility. 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, Roni Thornton OAII Enc cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic. Mail Only; No, Insurance Coverage .Provided) sµrLj Postage'Certified Fee Return Receipt Fee c Postmark LT (Endorsement Required) ` Here O O Restricted'Delivery Fee Yr .A i C3 (Endorsement Required) C ' 1,: Russell and Teresa Schwab 292 Canyon Highlands Drive '�--------------------- Oroville, 'CA 95966 x . =J, ,1:3 --------------------- a I Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING July 24, 2003 Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 Re: Minor Use Permit, MUP 03-10, AP: 033-150-021 Dear Mr. and Mrs. Schwab: At the regular meeting of the Butte County Planning Commission held July 24, 2003, your request for a Minor Use Permit, on property zoned, , and located On the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville., was approved subject to the conditions listed on the enclosure. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, August 04, 2003 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. PLANNING FEES Your project required a deposit of funds to begin processing of your application. You will be receiving an invoice detailing the planning charges incurred against that deposit. In the event the charges have exceeded the initial deposit, you will be invoiced for those charges that have exceeded the amount deposited and for additional funds to be deposited for the completion of the project. If your project has been completed and there is a balance remaining of your initial deposit„it may be applied to any applicable additional fees as described below. If there are no additional fees, you will be refunded the balance of your deposit. ADDITIONAL FEES - Any fees checked below are applicable to this project and will appear on your invoice. X This project requires a filing of a NOTICE OF EXEMPTION. This project has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA). This NOTICE OF EXEMPTION must be filed with the County Clerk. This fee is $36.00. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. 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 Mark Michelena at 538-7376 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr k://etterss/merge letters/APPRDIMUP.dot Conditions of Approval: The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. Minimum off-street parking shall be provided pursuant to the following standards: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee/volunteer. The two (2) required residential spaces may not be used for employees/volunteers. (c) Two (2) off-street parking space/loading area. Large family day care homes located on principal or minor arterial roads as designated by the General Plan Circulation Element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. . The outside area of the day care facility shall be completely enclosed with a four (4) foot fence and access gates. The gates shall be able to be secured during day care operating hours. 6. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 7. The day care structure shall meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors operable from the inside without the use of a key or any special knowledge or effort. Prior to use of the large day care, the facility shall be inspected by the Butte County Fire Department/CDF and the State Fire Marshal and shall meet the requirements of CCR Title 19. 9. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code. 10. The capacity of the Large Family Day Care facility may be increased administratively to 14 children when the Butte County Code is amended to conform to the State statute. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 13. Construct driveway to County Standard S-31. Driveway apron shall be paved per standard requirement 14. Provide sufficient on-site parking and circulation, which will allow vehicles to turn around. Vehicles associated with the permit use shall not be allowed to back onto Canyon Highlands Drive. 15. No on -street parking associated with the permitted use shall be allowed, unless the parcel frontage is improved to the satisfaction of the Director of Public Works, under permit by the Public Works Department. Any proposed frontage improvements shall be submitted to the Director of Public Works for review and approval prior to construction, and shall include, at a minimum, sufficient paving to allow safe parking and pedestrian access outside the existing traveled way of Canyon Highlands Drive. Fire Protection 16. Construction, installation or development of structures or facilities on the parcel/lot shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State County codes, ordinances and regulations in effect at the time of application for improvement permits. 17. 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. County Counsel 18. 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 defend, indemnify and hold the County of Butte harmless 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. 2 July 10, 2003 Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 0 ffatte counfq L A N D O F NATURAL WEALTH AN 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 Re: Minor Use Permit, AP 033-150-021, MUP 03-10 Dear Mr. and Mrs. Schwab:: At the regular meeting of the Butte County Planning Commission held July 10, 2003; the public hearing was continued open to July 24, 2003, at 9:00 a.m. for lack of a quorum to consider your application for a Minor Use Permit for a large family day care facility in the AR -1 zone.. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should .you have any questions regarding this matter, please contact Mark Michelena at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant /lr cc: k:\fonnskonti nue. frm I rN BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - July 10, 2003 Applicant: Russell and Teresa Schwab File #: MUP 03-10 Request: Minor Use Permit for expansion of a small family day care to a large family day care in the AR zone G.P.: LDR (Low Density Residential) Zoning: AR -1 (Agricultural Residential) APN: 033-150-021 Location: On the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 SUMMARY: Canyon Highlands Drive, Oroville. Planner: Mark Michelena Parcel Size: 0.3 acres Zone date: February 28, 1984 Supervisor District: #1 Attachments: A: Vicinity Map B: General Plan/Zoning Map C. Public Notice Map D: Letters E: Site Plan Staff recommends approval of the Minor Use .Permit with conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is a proposal to expand a small family day care to a large family day care facility for up to 12 children with the provision that 14 children may be permitted when the Butte County Zoning Ordinance is changed to reflect current State Law. Per Butte County Zoning Code Section 24-265(b)(2), large -family day care homes may have up to twelve (12) children. The current state law has limits of fourteen (14) for large family day care centers. The County Code has not been changed to reflect these new limits. This proposal is being processed under the existing County Code and at such time as the code is revised to the new state standards, the limits on the allowed number of children may be administratively adjusted for existing small and large child care centers. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 1 0 The project site is located at 292 Canyon Highlands Drive in the Oroville area. The parcel is developed with a single family home, approximately 1,500 square feet in size, an attached carport and a detached garage, on an urban sized residential lot of approximately 0.3 acres. The property has a 4 -foot high, cyclone fence along the street side, property boundary and yard of the child care area. The project is in a neighborhood characterized by urban residential development. There are similar sized parcels bordering the property. Parcel sizes range from 0.35 of an acre to 0.75 of an acre. Access to the dwelling is from Canyon Highlands Drive, a paved County maintained road. Domestic water is supplied by the Oroville Wyandotte Irrigation District. The dwelling is on a septic system.. The applicant lives in the residence and is currently the primary care provider. With approval for a large day care facility, the applicant proposes to have as many as twelve (12), with the potential to increase to fourteen (14) children. Current staff members are the applicants and their daughter, who all live on the property. There are no plans for additional employees or volunteers. ANALYSIS: The property is zoned AR -1 (Agricultural Residential, I acre minimum) and has a General Plan land use designation of LDR (Low Density Residential). The AR- I zoning classification allows large family day care facilities with approval of a Minor Use Permit and subject to the requirements of Section 24- 265 of the Zoning Code. The General Plan states that the Primary Use of the Low Density Residential land use designation is single family homes at urban densities. Secondary Uses include group quarters and care homes. Butte County Code Section 24-265(e)(2) requires that a large family day care facility be located at least 500 feet driving distance from any other large family day care center. Staff conducted an analysis of the location of other large family day care centers in the area of the project and determined that there are no other similar facilities within the 500 -foot driving distance. This facility will not cause any residence to be bounded on more than one side with a large family day care center. There is adequate area for off-street parking for the residents of the dwelling and drop-off and pick-up of children. The property is located on a County designated arterial street. The driveway has adequate capacity to provide the required parking spaces, including parking area on the driveway and attached carport, and turn -a -round space so people dropping off/picking up their kids do not have to back onto Canyon Highlands Drive. Currently, there is an existing small family day care facility at this location. The large family day care will result in a minor change in traffic to the location. However, as previously noted, Canyon Highlands Drive is an arterial street and is subject to larger traffic volumes, but the potential increase of up to 16 daily trips is not expected to create a significant problem. The Butte County Fire Department requires standard conditions to comply with Public Resources Code 4290. The Butte County Department of Public Works does require the driveway to be consistent with County standards for private driveways. Butte County Environmental Health Department commented that the existing septic system was inspected by a private contractor and the parcel was inspected by Environmental Health staff. They determined that the system is functioning properly at this time. They also determined there is very limited space available on the parcel for repairs to the system should they become necessary. A septic system failure would likely require either an engineered design system or connection to sewer. But they did not have any specific conditions. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA RFPORT ■ PAC:F. 9. ■ • 0 CEQA ISSUES: This application for a Minor Use Permit to allow a large family day care is Statutorily Exempt from environmental review under Section 15274(a), which states, the California Environmental Quality Act does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Manager take the following actions: Find that the application is Statutorily Exempt from environmental review under Section 15274(a), as defined by CEQA. Il. Find that because the project is Statutorily Exempt, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 75.5. is not required. IIl. Recommend approval to the Planning Commission for a Minor Use Permit for Russell and Teresa Schwab for a large family day care facility for up to 12 (14) children, MUP 03-10, on APN 033-150-021, based on the following findings and the conditions found in Exhibit "A": A. The location, size, design, and operating characteristics of the proposed use will be compatible with,.and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures or an alteration to any existing structures. The availability of public facilities, services, and utilities: The large day care facility will not create a need for new public facilities, services, and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The project site is provided with municipal water and existing septic facilities. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. The harmful effect, if any, upon desirable neighborhood character: The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an urban residential neighborhood. The zoning does permit small day care facilities. The large day care facility has the potential of a small increase in noise levels due to more children playing outside and a small increase in vehicle traffic. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 3 ■ 4. The generation of traffic and the capacity and 'physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. The large day care has the potential to add up to 16 daily trips. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees/volunteers of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. 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 materially injurious to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ • EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) MUP 03-10 PERMIT NO. 033-150-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Russell and Teresa Schwab are hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a large family day care allowing up to 12 children, inclusive of children under 10 years old living in the residence (administratively approved to 14 children when the Butte County Code is amended to conform to the State statute). 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 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. 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. 4. 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. The approving authority may grant or deny an application for renewal of a minor use permit. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 5 0 5. The minor use permit shall expire and the permit shall thereafter be of no further force or effect if the use, business, or service for which the minor use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar days except for: (1) Destruction or damage by acts of God; or (2) Destruction or damage by malicious acts; or (3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning manager. 6. 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: The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. Minimum off-street parking shall be provided pursuant to the following standards: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee/volunteer. The two (2) required residential spaces may not be used for employees/volunteers. (c) Two (2) off-street parking space/loading area. 3. Large family day care homes located on -principal or minor arterial roads as designated by the General Plan Circulation Element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. The outside area of the day care facility shall be completely enclosed with a four (4) foot fence and access gates. The gates shall be able to be secured during day care operating hours. 6. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 7. The day care structure shall meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors operable from the inside without the use of a key or any special knowledge or effort. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 6 ■ 8. Prior to use of the large day care, the facility shall be inspected by the Butte County Fire Department/CDF and the State Fire Marshal and shall meet the requirements of CCR Title 19. 9. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code. 10. The capacity of the Large Family Day Care facility may be increased administratively to 14 children when the Butte County Code is amended to conform to the State statute. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Perniit. Public Works 13. Construct driveway to County Standard S-31. Driveway apron shall be paved per standard requirement Fire Protection 14. Construction, installation or development of structures or facilities on the parcel/lot shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State County codes, ordinances and regulations in effect at the time of application for improvement perniits. 15. Building identification and/or addresses shall be installed in confornlarice with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. County Counsel 15. 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 defend, indemnify and hold the County of Butte harmless 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. 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. 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' ! ; ' /' r � ' *;` �� t . 1 / r % jar /: %r/ / /%' r % j r rr.. t 1 j ff r/ /�i,f /GW OF ,O ' fit } %'j'r:. •t �% % ! / j r �% / 1 r. %r f' ,t' j t ,'rj/;r} 1� %r t/ •� //•' l / ,. %� i rf.f/��: li`/fi/}:{ >��//j`/%f. - / i' f +t ,rr, ,' '% , .'' / '/:f1': �! •r` i r,f'/'.�•/ 'j' r / } f'!i, //'` j,/f .t�',rlj r , /{ ` , f , % /,:r ,: `;; r :-. r ir, `,/ `: ,� t ��eRe�1 •'.oro�n e�� 'p ,1: � •- . ! r f ifir r . / /' / j /' /,/ r. J' / 95 k �� , % r� ' / 8�•JD�y {"} 'fl {r� �r '/r ./.r ;{ �r�: ;r 1 i _ 1 ` `'r rr�' % r'r'r r' r i' .�a i'.. it/r�rf jffr . ''�r.•.•�• rtt j.' j.- i . . . 300 0 300 600 900 1200 .1500 1600 •2100 2400 2700 -.3000. 3300' 3600'A.M. BUTTE 11�i 4:.Od11\ H :.PLAN ING 4..®li'A1 US►7IO .. ` A►pplicaatz Russell &Teresa Schwab Ownei : Same wearing Dite: July.10,:2003 @ 9;00 a:m ' . E�tiing Zone: AR4 (AgnculturalResidenttal, I acre mm) N Supervisorial _ytegnest: Mmor Use Permit to allow a Large Family Day Care Facility: District# 1:' .Assessor Parcel:No: 033-150-021 . , .: Fue:N" 0340. f wt -s Project Location 7 7 ter: f jf X AR 300 0 300 600 900 1200 1500 1800 2100 2400 2700 3000 3300 3600 Feet BUTTE COUNTY PLANNING COM IISSION Applicant: Russell & Teresa Schwab Owner: Same Hearing Date: July 10, 2003 @ 9:00 am. Existing Zone: AR- 1(Agricultural Residential, 1 acre min) N Supervisorial Request: Minor Use Permit to allow a Large Family Day Care Facility. District # 1 iI Assessor Parcel No: 033-150-021 Mie:MUP 03-10 VIRGINIA R. BALL 22 Orangewood Way Oroville CA 95965 (530) 532-9464 July 23, 2003 Greetings; I would like to express my support and appreciation for Teresa Schwab and the daycare service that she provides at her home. I am a child support case manager with Butte County Department of Child Support Services. My son, Spencer, has been with Teresa and her family for three years. She is by far the best daycare provider that I have ever had. She is one of those rare people who should be working with children. She is fun, creative, warm and protective. My son spends his days in a loving family home instead of an institution. Teresa has kept her daycare to a small number of children, but she has the room and heart to spare for a larger number. I know she is inundated with constant requests from other parents for an opening which she has had to turn down because of her current license restrictions. The house and property are immaculate. She and her husband, Russ, keep everything in top working order, clean and safe. In the last year alone, I know that Teresa and Russ have re -paved the driveway, trimmed and removed unsafe trees, pumped and repaired the septic system, painted inside and out and purchased new furniture and toys for the kids. I understand that a small number of neighbors have expressed concern about traffic, the children playing, and a septic system problem. I do not believe that the traffic in the area is significantly impacted by the few minutes in the morning and evening that we parents drop off and pick up our children. Canyon Highlands Blvd. is a residential through -street with plenty of regular traffic. There are also lots of busy families in the area with children coming and going. I can't imagine that children playing in a front yard for a short time could possibly be that disturbing. There has never been a time that septic run off was running freely. This is just untrue., I come every morning and evening five days a week and have never witnessed this. As I stated above, Teresa and Russ have had the septic system pumped and repaired. They would never ignore an unsafe ' or unsanitary situation at their home. In closing, I would like to say that Teresa provides an invaluable service to us, the parents who must work to support our families, and more importantly to our children who love her. Sincerely, Virginia R. Ball 3 = 0 BUTTE COUNTY 07/23/2003 To whom it may concern: Since having read several letters concerning the issue obtaining a minor's use permit to increase the capacity of our daycare I found several NOT so positive feedback. I was so surprised to find how hostile and grossly exaggerated the truth has been made out to be. Mrs. Mastelloto speaks of how noisy the daycare children are and how she cannot even open her windows. I find this a little perplexing because in previous times I had asked her if the children were too loud and to please let me know if they were. Her response was "Oh no, I can hardly hear anything back here". We have lived here at 292 Canyon Highlands Dr. for 10 years. She recently gifted her daughter and son-in-law (Aimee & Karri Myles) a house next-door to us. How generous. She then proceeded to knock down an old rental she owned directly behind us and build a beautiful home. Why would she do this knowing there is a daycare directly in front of her? Mind you ... we have been here for years and all of a sudden the daycare becomes her worst nightmare. She has so generously offered the buy our home for $90,000 — no more questions about the sewer. We had an appraiser come out and he appraised it at $178,000. She said "You know, if someone buys your house, they can come back and sue you - referring to the reoccurring septic issues. She said that she would just tear it down anyway if we sold it to her. It might not be a mansion as she is accustomed to, however it is our home and we love it here. So do the children who come here. Thrly are a blessing. In closing, I went door-to-door asking several of the other neighbors of the children were too loud or bothered them. All replied no, they enjoy their laughter. I feel Bertha, her daughter and a few neighbors have ganged up on us in an attempt to run us out of the neighborhood. I trust the County will make the best decision for all parties. Sincerely, Teresa L. Schwab BUTTE COUNTY 07/23/2003 To whom it may concern: This letter is in reference to the letter you received on June 30 from Aimee Myles. We have lived here on Canyon Highlands Dr. for .10 years. We have had good standings with our neighbors. Not one time has her or her husband expressed anything about the children disturbing them. As far as the septic is concerned, it has been repaired. You can look on County Records to obtain the information. The drain installed by my father-in- law was done incorrectly. The County was contacted and the pipe was taken out immediately. Documentation and photos may be obtained at Environmental Health. We are working very closely with the County to keep things safe and sanitary. As far as tolerating the children and the noise — I am sorry they. cannot tolerate the children. They are such a joy. All family daycares; small and large, belong in a home. That is the law. This is one of the many things that appeal to families; a warm, loving, home -like atmosphere. These people (Aimee and Karri) have no children. They knew when they moved in next door to us that we operated a daycare. I am sorry for the so- called "disturbances", however they are greatly exaggerated. Sincerely, Teresa L. Schwab I�FJUt 2 3 W7 BUTTE COUNTY 07/23/2003 To whom it may concern: This letter is in reference to the letter written by Mark Bertoglio. We have lived directly across the street from Mark for 10 years, of which 7 of those years we have operated a licensed family daycare. The Bertoglios have been considerate neighbors. We have never once in all this time received notice of any problems concerning noise or traffic. In fact Mrs. Bertoglio has commented on more than one occasion of how the frogs in their pond which they had installed drive them crazy. That Mark cannot sleep (this is at night!). My husband works the night shift and therefore sleeps days upstairs in Pur home just fine. As to the septic issue, a new system was installed; all done with permits on County Record, 1996. However, during the RAINY season we did have some seepage on the comer of the property. Charlotte Waters was contacted and worked very closely with us in resolving this matter. We have had Roto Rooter test our system and the county also came and tested it. The both passed our septic system. All of which is documented and on file with Environmental Health. We had a plumber replace all leaking faucets, toilets, and bathtub. We were losing hundreds of gallons of water a day which really exhausted the system. All has been fixed and are working properly at this time. We appreciate Mr. Bertoglio's health concerns which I feel are a bit exaggerated. If in the future we encounter problems with the septic, we will work with the County and follow their recommendations to solve the problem. Thank you for your help in resolving these issues. Sincerely, Teresa L. Schwab JUL 2 3 � BUTTE COUNTY ANNING OIVISII DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior to�P, 2003, please call Mark Michelenai at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10,. 2003 before the: MPlanning Commission Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): . I&M 1� R-I�Ev'/�SAEZD BUTTE COUNTY Ll PUBLIC WORKS CONDITIONS FOR MINOR USE PERMIT APPLICANT: Schwab, Russell and Teresa DATE: July 10, 2003 AGENT: APN: 033-150-021 FILE#: MUP 03-10 PLANNER: Mark Michelena PROJECT DESCRIPTION: Minor use permit to expand a small family day care to a large family day care. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS X 1. Obtain an encroachment permit and construct driveway approach to County standard S- 31, as specified in County Improvement Standards. X 2. Provide sufficient on-site parking and circulation which will allow vehicles to turn around. Vehicles associated with the permitted use shall not be allowed to back onto Canyon Highlands Drive. X 3. No on -street parking associated with the permitted use shall be allowed, unless the parcel frontage is improved to the satisfaction of the Director of Public Works, under permit by the Public Works Department. Any proposed frontage improvements shall be submitted to the Director of Public Works for review and approval prior to construction, and shall include, at a minimum, sufficient paving to allow safe parking and pedestrian access outside the existing traveled way of Canyon Highlands Drive. JUL-03-2003 1200 OROU I LLE INTERNAL MED 5305333517 P.01 • OROVILLE IN'T'ERNAL, MEDICINE MEDICAL. GROUP 2721 Olive Hig4way Orovilte, CA 95966 Suite 12A - Fix -No. (530) 533-1145; Telephone No. (530) 533-1554 Suite 12 B - Fax No. (530) 533-3517; Telephone No. (530) 533-8484 Suite 9 - Fax No. (530) 5349136; Telephone No. (530) 5346516 Suite 10 - Fax No. (530)533-9682; Telephone No. (530) 533-1584 Business Office - Fax No. (530) 533-4438; Telephone No. (530) 533-6061 DATE: TO: FAX NO. RE: . FROM: NO. OF PAGES: COMMENTS: �3 s (Which includes the cover page) WARNING REGARDING CONFYDF241 ALITY The documenta socompanyiog this xrwmWm&m contain CONFIDI Yn4L heah6 h onnadan that is legally prtrllegad n& Wormadon is inumAW onlyfOP Meuse of the l,+dtvldual or ends+ named above: ne amMorked rer0lent of this ty/brmedon is proh"ed from dtselming this Wornraden to any atherpary unIms required to do so bylaw ap reguladom artd is required to dasrroy the informadon *&I& stated need has bear fsglllad If you are not the intended recipient, you are hereby Ao4fkd that any dtsclogm% copying, diWMmdon, or atdioa takm in rcliance om tie c oat&tsr of these doermeaft is sNedy prohibited If you have r ®waived this ir{fomadon in error, please natlly the sender hnnred atetr and arrange -for the return or destiucdon of there doarmea t. Signature JUL-03-2003 1200 CROV I LLE INTERNAL MED 5305333517 OROVILPINTERNAL MEDICINE • Medical Group, Inc. 11MI—M No 0=11111M 2721 Mve Mrghway. #12 • Oroville, California 93966 EPLANNING Phone.• 530.333.1534 Fax: 530.533.4438 Butte County Planning Commission25 County Center Drive Oroville, CA 95965 NTY VISION Dear Members: I am writing this letter to express my strong opposition to the request for a minor use permit for Russell and Teresa Schwab for a large family day care facility at 292 Canyon Highlands.Drive (AR -1 zone)( agricultural residential - 1 acre parcel). I am a physician with a busy inpatient and outpatient medical practice, working both day and night shifts. My family residence of 19,years is located directly across the street from the Schwab residence and Day Care Business. Pick-up and drop-off of the children occurs at most homy of the day or evening, and the principal play area is their fenced front yard, which is less than 100 feet from my bedroom. The noise level from the day care at the current size has frequently produced a significant problem for me to get adequate sleep to effectively perform my own job; Despite, these difficulties, and in the spirit of maintaining good neighbor relations, we have not objected to the Schwab's present day ,care arrangement. However, expanding from their current 8 children (with families/vehicles coming twice daily) to 12 will undoubtedly have a very negative effect on the neighborhood and on my personal and professional life. Of much greater concern, though, is that increasing the number of children, and therefore people, in the Schwab household may well pose 'a health threat to those in that household and to the immediate surrounding community: It has long been known that the house at 292 Canyon Highlands Drive has significant difficulty with adequate. septic drainage. An elderly couple who resided there prior to the Schwab's purchase of the home complained continually of insufficient runoff of the septic system when toilets and Pulmonology: Maubero N, 11oe, h1.D. Oncology: Rie4wd K 5*4, M. D. • Tec! A. Hce4wm, M.D. Gtl+ooentetology: Naf4aaiel Novgd. Ir., M.D. NgAaalogyr Monro/6, AocberPeJacia, M.D. Inremol Mcdieine: Ray C. Awnoo, M.D. • Mo4 R. Bereos/io. M.D. • Asmo R Domes, M.D. - Nano%r Sigh, M.D. • Dr, rmyong A:dW, AD. Catdiology: Sreren A. Sahmega, M.D. • PuerI W.A. M.D. - barrel L. Lary, M.D. - Rrderich S lVornom, M, D. -Imot J. WHghf, M.D.,19&f C..Zewer, M.D. P-02 JUL-03-2003 1200 OROU I LLE INTERNAL MED OROVIL I N'rERNAL MEDICINE Medica! Group, Inc. 2721 Olive Ifighway, 1112 • Orovil1g, Califorrrnia 93966 Phons:.130.533.1354 Fgxr 330.533.4438 5305333517 P.03 washing machines were used at the same time. After the present limited day care opened, we frequently noticed a raw sewage smell coming- from a stream of liquid crossing the Schwab driveway and draining down,the street. Several complaints were made to the public health department at that time but there was subsequently a cosmetic rerouting of the runoff performed, and we no longer see or smell the drainage at this point However, I do not believe that actual treatment of the sewage has been improved in any, manor, whatsoever. I am therefore very concerned about the public health hazards of allowing 12 more children into a house that now has four or five full-time occupants when the septic system could not even handle the couple who resided there previously. The existing facilities simply cannot handle this number of people. I sincerely hope that this commission will not allow the pioposed expansion. Regardless of the decision, I very much hope that the committee will request sufficient testing of the septic system of 292 Canyon Highlands Drive to ensure that we will not find ourselves in the midst of a salmonella or shigella outbreak among either the day care children or other close friends and neighbors. Thank you for your time and consideration. Yours sincerely, Mark Bertoglio, MD cc Dr Mark Lundberg, County Health Officer, 202 Mira Loma Drive, Oroville CA 95965 Cc Bob Beeler, Butte 1880 Bird Street, Pulmonology; ALrtAevr N. lice. M.D. , �olesy: Rirdard V .igltA, M.D. • Tid q. htec4nta.. M. D. Gcsuaenterology; NotbaNit/ Hoaw1, Jr.. M.D. Nryhrofesy: ManwdE SoocbrrPa/aetpt. M.D. Inee"W Mcdicine: Roy C. Sbarrso■. M.D. • Ab,d R. &,tog&, M, D. • A&MO R. 8olaeo, MSD. • Naredn Gsgd. M.D. • D.. Seryoeg KM2. M.D. Gn$ology; Steant A .teAt►agi, M.O. • J yd.f wdE, M.D. • Drore /L Lary, M.D. • Htderirb S. W01104, M.D. •toast S, wiiRbli, M.D: Julia C 21'esr, M.D. TOTAL P.03 s. JUL-03-2003 1202 OROVILLE INTERNAL MED 5305333517 P.01 •OU P OROVILLE PMRNAL MEDICINE MEDICAL GR 2711 Olive B10 -way Oroviller CA 45966 Sults 12A - IZax.?go. (g* 531_1115; Tdepbone No. (530) 533-15" Suite lZ B , Fix No. (530) $33-3517; Telephone No. (530) 533 -SM Sygpe(530) 334-9t36; Tc3ophone Nu. (530) 534-6516 Bulte 10 - Bu=No. (530}533.9682: Telepbane Na(5 034554 33.6061 linsioess Oar - Fax NO. (830) 533-4438; Telephone DA:rK* " TO.. FAXNO. ,E: FROM eh includes the cover peke) NU. OF PAGES; ill" COMA= WARNING REGARDING CUNMrENTIAU17Y o �wrrrrsstt a palrLur W4b aa.amistron raratalu CoNrmgKnAL "a" l4%matifi r mat L lana li Int ded O*J p trikp,ad 771Jt hrfonrrtdas dr uM an V/�Wc�'n4'1 Of "'adsbora �o any omffpww "Oku rd4 reo�pfeat q/tbbr frr/orenattoe b Probtatmdp*rn divolo�AP by anted need bat bamfuVW Z br Jeno or meg„ taMw asd it ra NW" to da"rey toe Wormsdaw * are �y mMyW tbot my dhcJmuM mPyingr dturtbatlar� Or adJon mlten )jyar am sol tre Istanded rxiytcmr Y°a roblbPrat I �y recrive� r�YL iR/o+"dom or wror, as reJiaHee os the oontmn ajAtse dournrprb is strictly p ykaa� * sh a tender baardlaC& olid myafirfw the realm or daetiueHnn gjthrst doeutrt JUL-03-2003 1202 OROV I LLE INTERNAL MED 5305333517 BUTTE COUNTY PLANWG COMMISSION NOTICE OF A PUBLIC BiEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, July 10, 2003, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE STATTORILY EXEMPT FROM ENVIRONMENAL REVIEW 9:00 am. - Russell and Teresa Schwab, Minor Use Permit for a large family day care facility in the AR -1 (Agricultural Residential — 1 acre parcel) zone, The property is located on the north side of Canyon Highlands Drive, approximately 1,600 feet east of Hi lands Blvd., at 292 Canyon Highlands Drive, Oroville. APN 033-150-021 P 03-10) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as maybe continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES ^ W 7�9 P.02 TOTAL P.02 .. r • • UUTTE C®LINTY JUL 01 2003 DEVELOPMENT SERVYCES June 27, 2003 Butte County planning Commission In response to your letter regarding the day care facility for Russell and Teresa Schwarb at, 292 Canyon Highlands Dr. Oroville. My husband and I are both elderly and not in good health. The children that are there now are at times very loud and disturbing. The septic system they have is not working properly and at times drains down the street were we have to walk in it or step over it when we get our mail. With more children it would be worse. The extra traffic morning and night would be bad also. This has always been a quite neighborhood. Please do not let them destroy it. Th you for your consider tion. a ncia Fa gh F Jun 30 03 08:03p June 30, 2003 Oblix, Inc. 5305338273 • This letter is in regards to the licensure of the Schwab's day care located at 292 Canyon Highlands Drive in Oroville. My husband and I live at 298 Canyon Highlands Drive in Oroville, next door to the Schwab's. We highly object to the licensing of a larger family day care which would mean more children, noise, and traffic congestion in our neighborhood. The day care can be quite loud at times when the children are playing outdoors which produces a lot of screaming, yelling, and squealing. My husband works at home and even with our windows shut, he can still hear the children and is distracted by their noise. With the addition of more children, this noise will only be magnified, which is simply not acceptable. The addition of more cars is also a concern to us. People come early in the morning, prior to 6:00 a.m., and awaken us, which is not appreciated. Their drive runs between the houses and does not have adequate turn around space so cars need to back out onto Canyon Highlands Drive, a busy thoroughfare and getting more so with the increase in population. The issue of main concern however is the fact that the septic system for the Schwab's residence can't even accommodate the five people who live there now plus the current children who are there for care, the addition of more children and a worker will add to the strain on the system. The septic continues to perk and run in front of our house where we drive through it and track it into our garage. I don't see how this can be healthy for them or those of us who live near them. In fact, to alleviate the problem they installed an un - permitted leach line to move the problem from their property to a neighbor's. This was brought to the attention of the health department who did nothing at the time. The line should have been removed completely at the time. In closing, allowing this child care to increase the amount of children from 6 to 12 will decrease the value of our home and the homes around as. Many people simply do not want to live next door to a child care. We have tolerated the children, traffic and noise for several years but we will not tolerate an increase in children, traffic and noise in the future. Neither a single family dwelling nor a neighborhood is the place for a large child daycare. Thank you, Ow (— BUTTE L/ W COUNTY Aimee Myles JUL 0 1 2w3 DEVELOPMENT SERVICES ' ?;:° • Sic: r': $i:.l ;dt. �± t t �It ':1�'� +iE i.s i i:.`.r %i1,i t�i(..;). tlft o3 mji`rt37 `3'rf•IfE a(u:'!It r}i'3::Vi fl�i:�:'' ..'tit rt X5 ' `iff?5: c"rt��Eir T I0 I.; .:;!'i.` ?i'. 3 " fj. 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St`S i:± uu* 11rha oh vc.1M .!tl !)tiff i` Y lil'til� ts�* _,.i 3fll•l!i lrrt?"st rAuV vol wiu.a i:tii:, Otril -AT b31S"!:.Ioj z;;w:ti 3'v"f .)71:5 E}fi:i r .: �i 7� fe �X,";*, :st':l U'• Il:.t?w Al jV.'! bw., :Jt !::i� �LTJ'}:it1t)5 i%t ..^cPi`1s5t:! f:!i slel;. G? 'Ga i'ivi l: j.7a:>'�:S FHt .L 'f3if .`��:` :� sf+(� I �)irf)_iXO�t.'f.'3I.".•.fi ��(2 !'elft}i.'-''+�JCi ` ti!! 'T+f+i�. r .. � 4 �,v {. 'tr{1 .;�t.:. • . � 1:.:1..!Gf .`�7 Jf.:i . grrull Gllii.� 10 JUL T%,?iv'ii1cXj ''f3a ?nI MI:? Jun 30 03 08:07p Oblix, Inc. 0 5305338273 • This letter is in response to the letter, which I received from the Butte County Planning Commission regarding the licensure of Russell and Teresa Schwab's day care at 292 Canyon Highlands Drive in Oroville. I reside at 294 Canyon Highlands Drive in Oroville, which is directly behind the Schwab's residence. My home faces. the rear of their property. I strongly oppose an increase in the number of children coming to their day care. This is an older established neighborhood, which many of us have invested heavily in to make our retirement more comfortable. The property in question has had an on going septic problem for many years dating back before the Schwab's purchased the home. At that time only two people resided at the home and the septic system was not adequate. Now there are five full time residents and approximately six to eight additional coming for day care. If the system is not able to handle this amount then it is my belief that adding four or six more and the possibility of an additional worker will only magnify the problem. Please see the enclosed letter I received from Butte County Environmental Health in May 2002 addressing a complaint I made about them having his father install a leach line leading from an area perking in their yard over to my property line. During the rainy season it now perks in front of my mailbox and on my side of the drive, then proceeds to run down the street in front of other residences where we must all walk and drive through it to enter our homes. To my knowledge no repairs were ever made therefore I have no reason to believe the perking problem will cure itself and the added people using the system will only create a larger health hazard. The added traffic increasing to approximately 24-28 cars a day is also not acceptable. Last but not least is the continuous noise of the autos coming and going starting at 5:45 a.m. and the schoolyard squealing that makes it impossible to leave windows open. There are no other children in this neighborhood and this is the reason some have purchased homes here. Again this is a residential neighborhood and not a commercial one. I ask you to please deny this permit. Thank you, Berthe L. 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Due to not having a quorum, all items will be continued until 7/24/03. I let the applicant know there item will be continued until 8/14/03. Mark Michelena Associate Planner BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, July 10, 2003, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Russell and Teresa Schwab, Minor Use Permit for a large family day care facility in the AR -1 (Agricultural Residential — 1 acre parcel) zone. The property is located on the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 Canyon Highlands Drive, Oroville. APN 033-150-021 (MM) (MUP 03-10) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be.submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICES • 0 July 2, 2003 Russell and Teresa Schwab 292 Canyon Highlands Drive Oroville, CA 95966 INC �uite Count L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Minor Use Permit, AP 033-150-021, MUP 03-10 Dear Mr. and Mrs. Schwab:: Enclosed is a copy of the Agenda Report concerning your application for a Minor Use Permit for a large family day care facility in the AR -1 zone. on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for July 10, 2003, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: j:\wpdocs\pc1ts\schedu1e.mrg • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - July 10, 2003 Applicant: Russell and Teresa Schwab File #: MUP 03-10 Request: Minor Use Permit for expansion of a small family day care to.a large family day care in the AR zone G.P.: LDR (Low Density Residential) Zoning: AR -1 (Agricultural Residential) APN: 033-150-021 Location: On the north side of Canyon Highlands Drive, approximately 1,600 feet east of Highlands Blvd., at 292 SUMMARY: Canyon Highlands Drive, Oroville. Planner: Mark Michelena Parcel Size: 0.3 acres Zone date: February 28, 1984 Supervisor District: #1 Attachments: A: Vicinity Map B: General Plan/Zoning Map C. Public Notice Map D: Letters E: Site Plan Staff recommends approval of the Minor Use Permit with conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is a proposal to expand a small family day care to a large family day care facility for up to 12 children with the provision that 14 children may be permitted when the Butte County Zoning Ordinance is changed to reflect current State Law. Per Butte County Zoning Code Section 24-265(b)(2), large -family day care homes may have up to twelve (12) children. The current state law has limits of fourteen (14) for large family day care centers. The County Code has not been changed to reflect these new limits. This proposal is being processed under the existing County Code and at such time as the code is revised to the new state standards, the limits on the allowed number of children may be administratively adjusted for existing small and large child care centers. = DI ITTC /'nl TAITV Di AXMTTKT(_ OMAAA M A!'_C'KTnA DCDnDT` M DAI-C 1 0 The project site is located at 292 Canyon Highlands Drive in the Oroville area. The parcel is developed with a single family home, approximately 1,500 square feet in size, an attached carport and a detached garage, on an urban sized residential lot of approximately 0.3 acres. The property has a 4 -foot high, cyclone fence along the street side, property boundary and yard of the child care area. The project is in a neighborhood characterized by urban residential development. There are similar sized parcels bordering the property. Parcel sizes range from 0.35 of an acre to 0.75 of an acre. Access to the dwelling is from Canyon Highlands Drive, a paved County maintained road. Domestic water is supplied by the Oroville Wyandotte Irrigation District. The dwelling is on a septic system. The applicant lives in the residence and is currently the primary care provider. With approval for a large day care facility, the applicant proposes to have as many as twelve (12), with the potential to increase to fourteen (14) children. Current staff members are the applicants and their daughter, who all live on the property. There are no plans for additional employees or volunteers. ANALYSIS: The property is zoned AR -I (Agricultural Residential, 1 acre minimum) and has a General Plan land use designation of LDR (Low Density Residential). The AR -I zoning classification allows large family day care facilities with approval of a Minor Use Permit and subject to the requirements of Section 24- 265 of the Zoning Code. The General Plan states that the Primary Use of the Low Density Residential land use designation is single family homes at urban densities. Secondary Uses include group quarters and care homes. Butte County Code Section 24-265(e)(2) requires that a large family day care facility be located at least 500 feet driving distance from any other large family day care center. Staff conducted an analysis of the location of other large family day care centers in the area of the project and determined that there are no other similar facilities within the 500 -foot driving distance. This facility will not cause any residence to be bounded on more than one side with a large family day care center. There is adequate area for off-street parking for the residents of the dwelling and drop-off and pick-up of children. The property is located on a County designated arterial street. The driveway has adequate capacity to provide the required parking spaces, including parking area on the driveway and attached carport, and turn -a -round space so people dropping off/picking up their kids do not have to back onto Canyon Highlands Drive. Currently, there is an existing small family day care facility at this location. The large family day care will result in a minor change in traffic to the location. However, as previously noted, Canyon Highlands Drive is an arterial street and is subject to larger traffic volumes, but the potential increase of up to 16 daily trips is not expected to create a significant problem. The Butte County Fire Department requires standard conditions to comply with Public Resources Code 4290. The Butte County Department of Public Works does require the driveway to be consistent with County standards for private driveways. Butte County Environmental Health Department commented that the existing septic system was inspected by a private contractor and the parcel was inspected by Environmental Health staff. They determined that the system is functioning properly at this time. They also determined there is very limited space available on the parcel for repairs to the system should they become necessary. A septic system failure would likely require either an engineered design system or connection to sewer. But they did not have any specific conditions. . T I I- - rwT - A ATATT Tf� !�llANA .TTCIC'Tf%IT = A f rXTT% A T)L'1 nDrr = D A f`_C I CEQA ISSUES: This application for a Minor Use Permit to allow a large family day care is Statutorily Exempt from environmental review under Section 15274(a), which states, the California Environmental Quality Act does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Manager take the following actions: I. Find that the application is Statutorily Exempt from environmental review under Section 15274(a), as defined by CEQA. II. Find that because the project is Statutorily Exempt, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 75.5. is not required. III. Recommend approval to the Planning Commission for a Minor Use Permit for Russell and Teresa Schwab for a large family day care facility for up to12 (14) children, MUP 03-10, on APN 033-150-021, based on the following findings and the conditions found in Exhibit "A": A. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services, and utilities: The large day care facility will not create a need for new public facilities, services, and utilities because water, telephone, gas, and electrical services already extend to the project parcel. The project site is provided with municipal water and existing septic facilities. The Butte County Fire Department requires compliance with State Fire Marshall requirements for large day care facilities. 3. The harmful effect, if any, upon desirable neighborhood character: The proposed large day care facility will not change the traditional architectural style that is of a character consistent with an urban residential neighborhood. The zoning does permit small day care facilities. The large day care facility has the potential of a small increase in noise levels due to more children playing outside and a small increase in vehicle traffic. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 3 0 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. The large day care has the potential to add up to 16 daily trips. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees/volunteers of the large family day care facility. There is also adequate parking for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division .has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. 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 materially injurious to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) MUP 03-10 PERMIT NO. 033-150-021 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Russell and Teresa Schwab are hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a large family day care allowing up to 12 children, inclusive of children under 10 years old living in the residence (administratively approved to 14 children when the Butte County Code is amended to conform to the State statute). 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. 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. 4. 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. The approving authority may grant or deny an application for renewal of a minor use permit. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 5 ■ • 0 The minor use permit shall expire and the permit shall thereafter be of no further force or effect if the use; business, or service for which the minor use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar days except for: (1) Destruction or damage by acts of God; or (2) Destruction or damage by malicious acts; or (3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning manager. 6. 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: 1. The facility is a single family residence that shall be the principal residence of the provider and the large day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. Minimum off-street parking shall be provided pursuant to the following standards: (a) Two (2) off-street parking spaces for the residents of the dwelling. (b) One (1) off-street parking space for each employee/volunteer. The two (2) required residential spaces may not be used for employees/volunteers. (c) Two (2) off-street parking space/loading area. Large family day care homes located on principal or minor arterial roads as designated by the General Plan Circulation Element shall provide drop-off and pick-up areas which prevent vehicles from backing onto such roads. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback. The outside area of the day care facility shall be completely enclosed with a four (4) foot fence and access gates. The gates shall be able to be secured during day care operating hours. 6. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 7. The day care structure shall meet all California Building Code regulations pertaining to large family day care facilities, including, but not limited to, the installation of smoke detectors, a device for sounding alarm, fire extinguishers, and exit doors operable from the inside without the use of a key or any special knowledge or effort. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 6 ■ Prior to use of the large day care, the facility shall be inspected by the Butte County Fire Department/CDF and the State Fire Marshal and shall meet the requirements of CCR Title 19. 9. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code. 10. The capacity of the Large Family Day Care facility may be increased administratively to 14 children when the Butte County Code is amended to conform to the State statute. 11. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 12. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 13. Construct driveway to County Standard S-31. Driveway apron shall be paved per standard requirement Fire Protection 14. Construction, installation or development of structures or facilities on the parcel/lot shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State County codes, ordinances and regulations in effect at the time of application for improvement permits. 15. 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. County Counsel 15. 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 defend, indemnify and hold the County of Butte harmless 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. 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 ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 7 0 CC: Land Development Division Building Division Health Department Department of Forestry ■ BUTTE COUNT`_' PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 8 ■ AP 033-150-021 Russell Schwab MUP 03-10 PLANNER CHECK IMMEDIATELY FOR DISTRIBUTION OF PUBLIC HEARING NOTICES AP 033-150-021 �. Russell Schwab � MUP 03-10 . PLANNER CHECK IMMEDIATELY FOR DISTRIBUTION OF PUBLIC HEARING NOTICES Y. Jul 07 03 04:13p •I Bob Beeler • R. J. BEELER SUPERVISOR, FIRST DISTRICT 1230 HIGH STREET OROVILLE, CA 95965 TELEPHONE (530) 538-6834 FAX NUMBER (530) 538-6881 (530)538-6881 TO: Yvonne Christopher, Director DEPT: Development Services FAX #: 538-7785 FROM: Bob Beeler DATE: 7/7/2003 PAGES: 6 (including cover sheet) SUBJECT: FWD: Complaint on 292 Canyon Highlands Yvonne, Bob asked me to forward these two complaints Mary • • V a� Jul 07 03 04:13p Bob Beeler (530)538-6881 Jun 30 03 08:05p Ol t, Inc. 5305333 P-1 1�3 Fax Transmittal Form To Supervisor Bob Beeler From Berche Mastetocco 294 Canyon Highlands Drive Oroville, CA 95966 Phone.530-533-5503 Message: Included In this FAX If a letter objecting to the 11censure of Russell and Teres& Schwab's large family day care. Thank you. p.2 Jul 07 03 04:13p Bob Beeler (530)538-6881 p.3 Jun 30 03 06:05p lelix, Inc. 530598273 p.2 cq&�3 This letter'is in response to the letter, which I received from the Butte County Planning Commission regarding the licensure of Russell and Teresa Schwab's day care at 292 Canyon Highlands Drive in Oroville. I reside at 294 Canyon Highlands Drive in Oroville, which is directly behind the Schwab's residence. My home faces the rear of their property. I strongly oppose an increase in the number of children coming to their day care. This is an older established neighborhood, which many of us have invested heavily in to make our retirement more comfortable. The property in question has had an on going septic problem for many years dating back before the Schwab's purchased the home. At that time only two people resided at the home and the septic system was not adequate. Now there are five full time residents and approximately six to eight additional coming for day care. If the system is not able to handle this amount then it is my belief that adding four or six more and the possibility of an additional worker will only magnify the problem. Please see the enclosed letter i received from Butte County Environmental Health in May 2002 addressing a complaint 1 made about them having his father install a lcach line leading from an area perking in their yard over to my property line. During the rainy season it now perks in front of my mailbox and on my side of the drive, then proceeds to run down the street in front of other residences where we must all walk and drive through it to enter our homes. To my knowledge no repairs were ever made therefore 1 have no reason to believe the perking problem will cure itself and the added people using the system will only create a larger health ha2ard. The added traffic increasing to approximately 24-28 cars a day is also not acceptable. Last but not least is the continuous noise of the autos coming and going starting at 5:45 a.m. and the schoolyard squealing that makes it impossible to leave windows open. There are no other children in this neighborhood and this is the reason some have purchased homes here. Again this is a residential neighborhood and not a commercial one, l ask you to please deny this permit. Thank you, Berthe L. Mastelotto 533-5503 r., Jul 07 03 04:14p Jun 30 03 09:05p May 16, 2002 Bob Beeler rex, Inc. Russell and Teresa Schwab 292 Canyon Highlands Uroville, CA 95966 (530)538-6881 53053073 p.3 3�3 LA N1) OF^ NATt'RAL wEA' TP AM i 5 DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 18-8 County Center Drive ounty Center Drive 411 Main SU00tXovi". u Oro\Re. CA 95965 P.O. Box 5364 CA 95965 TEL: (530) 538-7282 Chico. CA 95927 TEL: (530) 538.7281 FAX: (590) 538-2165 TEL (530) 991-2727 FAX (430) 638.7785 FAX: (S30) 895 -GS 12 RE: Installation of Drainage Trench, 292 Canyon Highlands, APN 33-150-021 Dear.Mr. and Mrs. Schwab; As you are aware, this department received a complaint regarding the installation of a drainage trench without a permit at the above location. Robert Schwab installed the trench and he has been advised regarding the violation. He was also advised to take out the rock and pipe in the section of the trench that runs down the driveway near the fence. The trench was installed to try and remediate the failing sewage disposal system, which has been surfacing and running down into the street during the winter. Please contact this department to obtain a sewage disposal repair permit and a proposal to repair the system. ii you have any questions regarding this issue, contact me Monday through Friday, 8:00 errs to 5:00 pm. Sincerely. Charlotte Walters Environmental Health Specialist p.4 i Jul 07 03 04:14p Jun 30 03 06:01p Bob Beeler Ax, Inc. Fax Transmittal Form To Supervisor Bob Beeler From Karri and Aimee Myles 298 Canyon Highlands Drive Oroville, CA 95966 Phone:530-534-9771 Fax: 530-533-8273 Email: aimee@stmecnet (530)538-6881 530533 Message: Included In this FAX is a tetter objecting to the licensure of Russell and Teresa Schwab's large family day care. Thankyou. - a- paces ik, cls c/�t,� sr�-� c:dve4' Ska�- p.I p.5 . Jul 07 03 04:14p Bob Beeler (530)538-6881 Jun 30 03 08:02p 01sx, Inc. 53053073 June 30, 2003 This letter ,is in regards to the licensure of the Schwab's day care located at 292 Canyon Highlands Drive in Oroville. My husband and I live at 298 Canyon Highlands Drive in Oroville, next door to the Schwab's. We highly object to the licensing of a larger family day care which would mean more children, noise, and traffic congestion in our neighborhood. The day care can be quite loud at times when the children are playing outdoors which produces a lot of screaming, yelling, and squealing. My husband works at home and even with our windows shut, he can still hear the children and is distracted by their noise. With the addition of more children, this noise will only be magnified, which is simply not acceptable. The addition of more cars is also a concern to us. People come early in the morning, prior to 6:00 a.m., and awaken us, which is not appreciated. Their drive runs between the houses and does not have adequate turn around space so cars need to back out onto Canyon Highlands Drive, a busy thoroughfare and getting more so with the increase in population. The issue of main concern however is the fact that the septic system for the Schwab's residence can't even accommodate the five people who live there now plus the current children who are there for care, the addition of more children and a worker will add to the strain on the system. The septic continues to perk and run in front of our house where we drive through it and track it into our garage. 1 don't see how this can be healthy for them or those of us who live near thein. In fact, to alleviate the problem they installed an. un - permitted ieach Iine to move the problem from their property to a neighbor's. This was brought to the attention of the health department who did nothing at the time. The line should have been removed completely at the time. In closing, allowing this child care to increase the amount of childron from 6 to 12 will decrease the value of our home and the homes around us. Many people simply do not want to live next door to a child care. We have tolerated the children, traffic and noise for several years but we will not tolerate an increase in children, traffic and noise in the future. Neither a single family dwelling nor a neighborhood is the place for a large child daycare. Thank you, Aimee Myles P-2 p.6 Jun 30 03 08:07p Oblix, Inc. 5305338273 J _ • r-� S' _.. -tel May 16, 2002 Russell and Teresa Schwab 292 Canyon Highlands Oroville, CA 95966 �= butte L A v DO O � NATURAL W E A! i H A t D 5_ r._ DEPARTMENT OF PUBUC HEALTH DIVISION OF ENVIRONMENTAL HEALTH 318-B Ceunry Center Drive a 11 Main Street County Center Drive OrovUle. CA 95965 P.O.8ox 5364 ovine, CA 95965 TEL: (530) S38-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX (530) 538-2166 TEL: (530) 891-2727 FAX (530) 538-7785 FAX: (530)895.6512 RE: Installation of Drainage Trench, 292 Canyon Highlands, APN 33-150-021 Dear.Mr. and Mrs. Schwab; As you are aware, this department received a complaint regarding the installation of a drainage trench without a permit at the above location. Robert Schwab installed the trench and he has been advised regarding the violation. He was also advised to take out the rock and pipe in the section of the trench that runs down the driveway near the fence. The trench was installed to try and remediate the failing sewage disposal system, which has been surfacing and running down into the street during the winter. Please contact this department to obtain a sewage disposal repair permit and a proposal to repair the system. If you have any questions regarding this issue, contact me Monday through Friday, 8:00 am to 5:00 pm. Sincerely. BUTTEI 1 Charlotte Walters AUL 01 2003 Environmental Health Specialist v,:' DES R.VIC 5 w I••.�:.s:�.:�1�-'..Er�tfil`�R/:w�vf?)t�i%i.�: i�:+��ii�f:riCi ' �:••;:'n;ns.��'!c�;;y`i''�-�'•r saa:;�.,},�t':>•' .,':�!: .^.sJhna:^�.^i'-" !i�S-c'.r':>x':1) .:.�� - S;v;�a :A C�+f�� �Ei'.•3t'. 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Wt ;Yi ?T =:t.ti-?',>'r f,,Lu} .f,4r TFiS•l�Ft (.':''1-.i: �L tS 1:Li; ;':��'.; Y1� ;14A e '�. �yai: •: t:.: ri0: '.i:t.k:,..t; :y.l "Clfrl%lri:l% ,?3rr`a bilr.Tj:f"O 3. };i ,fti�:3i31t€:ir.fl '�i?: ;�jftl}?!:�f)Y 1fi�6i �{r?t'1 !.• ln`?vi:.��:•'^ iif�fTi`it:f.�_� i'f}'l+ ,3Y�f< '+ � ..:` wit Y1:'.Al uni n1dolA .ft'AS;::nni . � �Iudy'i� 4 �fl+�f?�►✓ �.:i.'t. 9�Nk,"tlk;3.L It'1 't+" 1 Ol f'J?NAPl 303 7F..: i .fi4�i7�•dt'iJ .a.li nil +JfL i fi ?t?'171 s�'C3 .•t,. t$Yft yfi'rJ�Jf' b ;IC'}' rovfofr 7 rt "t�t +7Ci9i� `til' t0 tl+^+3ft1'� ' Slay4 3C�gr! �}4ic ���t?9 ';Ij ; o fir. 1'If"rl"` }uii, �:: +' _ .3- � ,.2 `.ii: ,t�' 31f.,�i:"!.. r?ih; :��:*.i�.^. 9i."_�.'(''} .t:.?.^..t•. :1if �{t2i;Ct.�j J"`�ii3�. t"3r�107CJ l;'f/ht; otI[:I:i1 � < i �t�-! ? 7 I?".`tir xz' :ill nl:yt1-'t n., l£zC";q?i0 a ? f'd'Ci "'.} wrcl.t1 ii liSf"a.'.i•l O! Sri^:tlfaC ' 0Co..Fe1($. iAl 4glj l'T t'�i6JV-.^,s:1 '!`�fi! 3'�i2K�'✓ r9ii7.ui -"4! � m pilD'��'9. r".fsOtl^_.�tls ytls ,•vn 3 stL•+{•;.i + f MI 4� .lLtL 4• , tT i(; t rt `•>�Cbf.3F'i 1zli�f��C�ey 6?Iil;;?fl ir.�r�:s:r•.r;t��t4st �R •�Mgsp via NU. IKE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Environmental Health 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 MAY 2 0 2003 7 County Center Drive Oreville, C9 TO: Environmental Health FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior to , 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: Planning Commission F1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comm® may be attached): DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Agricultural Commissioner FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior tob 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: MPlanning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): k flA ftf'c,__4 *-L cwm"'. By: Date: 0 S�2_t DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LAFCo 7 County Center Drive Oroville, CA 95965-3397 MAY 2 200 Telephone: (530) 538-7601 FAX: (530) 538-7785 orovill8, California TO: LAFCo FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 091 o1Z The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior to , 2003, please call Mark MichelenaMA ask ll' at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: F]Planning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): No cONGEQA/S' By: i. U. Cly Date: S. 2 8.03 • DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 • TO: CDF FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior toy, 2003, please call Mark Michelena at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: F-x] Planning Commission F—lbevelopment Review Committee COMMENTS: (Please be specific. Letters. or additional comments may be attached): By: Date: 5 --?-(-03 •. • BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Russell and Teresa Schwab DATE: May 20, 2003 AGENT: APN: 033-150-021 FILE #: MUP 03-10 PLANNER: Mark Michelena PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. 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. k 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. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ _ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION: BUTTE 7 County Center Drive ' ` COUNTY Qroville,,CA 95965-3397 MAY 2 7 1003 Telephone:, (530),53 8-7601 FAX: (530) 538-7785• DEVELOPMENT SERVICES TO: City of Oroville FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd.,,in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) ' GENERAL PLAN: Low Density Residential If a response cannot be submitted prior tob 2003, please call Mark Michelenn at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: Development Review Committee F]Planning Commission COMMENTS: (Please be specific. Letters or additional comments may be att¢ched): "(,-Li. r,(,�,�, ;iL�iL�t G�.lti�i. i�' /i -t <..%t •� GL[ ?. �_.: �-LL.k-L 7 t_� l; n_ � - G G' �% GI-C•� 2.� - l; �•�. ,tLltyi'1LL <%-t f l ' (Y CLt.c.:2� LtL�.ti% /1, 1, i .14 CLU --LC Cil P %Vdc 6 S `Lt "U1 L /JLc By: t 4 C i")"'t Zi '(_� Date: � 8cc 9pla • o�N.r PRELIMINARY REPORT COMPLETE TITLE PLANT Butte County. Title Company BLESTABLIISHED Authorized agent for Fidelity National Title Insurance Company PARADISE OFFICE: OROVILLE OFFICE: CHICO OFFICE: 6402 Skyway. Paradise, CA 95969 P.O. Box 851 194 E. 6th Street, Chico, CA 95928 (916) 877.6268 1909 Bird St., Oroville, CA 95965 (916) 343-3716 (916) 533.5511 DIRECT ALL CORRESPONDENCE TO: ERA NETWORK Attn: Pam Paradise Office/Marsha Your No. our No. 48172 P -17884 -MS Last insured: over 5 years In response to the above referenced application for a policy of title insurance, BUTTE COUNTY TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the Schedules, Conditions and Stipulations of said policy form. The Exceptions and exclusions from coverage of said policy or policies are set forth on the attached cover. Copies of the policy forms should be read. They are available from the. office which issued this report. This report (and any supplement hereto) is issued solelyfor the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated at 8:00 a.m. on October 8, 1993 05, Author' Sig ature The estate or interest in the land hereinafter described or referred to covered by this Report is A Fee Title to said estate or interest at the date hereof is vested in: ALFRED PREADER.and SUE A. PREADER, husband and wife, as Joint Tenants. The form of policy of title insurance contemplated by this report is: ALTA Loan Policy — (10/17/92) with ALTA Endorsement Form Coverage ❑ CLTA Standard Coverage Policy —1990 ❑ Other At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as shown on the following pages. 8cc 9p -la • • Order No. 48172 P -17884 -MS SUBJECT TO: 1. County and Special taxes for the fiscal year 1993-94. First Installment : $302.56 Second Installment : $302.56 Ld 19,874; Imp 46,371; H Ex 7,000; AP No. 033-150-021; CA 091-032. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and Taxation Code of the State of California. 3. The land herein described lies within the boundaries of the Oroville-Wyandotte Irrigation District, the assessments of which are collected with and included in the County and Special taxes. There are no delinquencies. Further sub- ject to a possible water charge. (Check when closing). 4. Rights of way and easements, together with incidental rights, granted by A. J. Dean to Pacific Gas and Electric Company, a corporation, by Deed dated June 19, 1928 and recorded August 2, 1928, in Book 10 of Official Records, at page 60, records of -Butte County, California. 5' Declaration of Restrictions by A. J. Dean, dated June 28, 1928', and recorded July 12, 1928, in Book R of Miscellaneous Records, at page 467, records of Butte County, -California. 6. Declaration of Restrictions by A. J. Dean, dated June 28, 1928 and recorded August 3, 1928, in Book R of Miscellaneous Records, at page 491, records of Butte County, California. 7. A Deed of Trust to secure payment of $10,000.00 Dated : December 2, 1988 Recorded : December 9, 1988, under Recorder's. Serial No. 88-41690, records of Butte County, California Trustor : Alfred Preader and Sue A. Preader, husband and wife, as'Joint Tenants Trustee : Butte County Title Company Beneficiary. Bank of Paradise Bank of Paradise has been merged into and is now known as Wells Fargo Bank, N.A., a national banking association. American Securities Company, a California corporation was substituted as trustee thereunder by Substitution recorded October 5, 1989, under Recorder's Serial No. 89-38528, records of Butte County, California. NOTE FOR INFORMATION: California State Senate Bill.Number 2319, effective January 1, 1991, requires that the Buyer in all sales of California real estate, wherein the Seller shows an out of state address, withhold 3 1/3% of the total sales price as California -State Income Tax, subject to the various provisions of the law as therein contained. r,. 8cc 9pla • • Order No. 48172 P -17884 -MS ADDRESS AND ALTA SUPPLEMENT A) We do not have knowledge of any facts that would preclude our Company from issuing an American Land Title Association coverage form Policy of Title Insurance with Indorsement Numbers 100 and 116 attached thereto. There is a single family dwelling located on said property, and the address of said land is 292 Canyon Highlands Drive, Oroville, CA 95966. B) The information herein set forth is supplemental to Pre- liminary Title Report No. 48172 P -17884 -MS, and is made a part thereof. According to the Public Records, there have been no Deeds conveying the property described in this Report recorded within a.period of two (2) years prior to the date of this Report, except as follows: None 8cc 9pla • • Order No. 48172 P -17884 -MS DESCRIPTION All that certain real property situate in the County -of Butte, State of California., described as follows: PARCEL ONE: Lot 24, as shown on that certain map entitled, "CANYON HIGHLANDS UNIT NO. 1", which map was filed in the office of the Recorder of the County of Butte:, State of California, on July 6, 1928 in Book 8 of Maps, at p4ges.35A and 36A. EXCEPTING THEREFROM the Northwesterly 9 feet thereof. PARCEL TWO: A portion of Lot 23, as shown on that certain map entitled, "CANYON HIGHLANDS L -NIT NO. 1", which map was filed in the office of the Recorder of the County -of Butte, State of California, on July 6, 1928 in Bock 8 -of Maps, at pages.35A and 36A, more par- --ticularly described as follows: BEGINNING at the mcst Southerly corner of said Lot 23; thence from said point of beginning, North 280 20' East, a distance of 9.0 feet along the Southeasterly line of said Lot 23; thence leaving said Southeasterly line, North 610 40' West, to a point which is intersected by the Northerly prolongation of a line parallel with and 9.0 feet (measured at right angles) Southeasterly of the Northwesterly line of Lot 24, Canyon High- lands Unit No. 1.; thence South 42° 35' West, to a point on the Southwesterly line,of said Lot 23; thence South 61° 40' East, to the most Southerly corner of said -Lot 23 and the point of beginning. AN -YON HIGHLANA UNIT NO. I T. I90 RAE. M.D.E. am. of (4 .2.3 LOT A 24 /, 25 273 04/ \ \ 1 I I' I I I N r 30 0 N 150 125 /B 62 ►- Ip.� 125 6/ to,o . 125 voc 610 l 129.65 m JIT NO bX"" `" PG. 35A- 36A 1ia`l=i�ilJ ¢i'i.; �V; �4' �,".._::75'i. •_[ Pir ...... ....... . .: a.�,. ,:�i ="`. O/ \ 150 \ 32 I 120 33 90 ID �h_ io.26r — 150 If NOTE -ASSESSOR'S PARCEL BI & LOT NUMBERS SHO' IN C'IRCt' F$ i�r ri EXHIBIT A • AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (64-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result is no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys„ or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured againnst loss, costs, attorney's fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to waterin or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The, following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation, or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking, which has occured prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Polity, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state,insolvency, or similar creditors' rights laws. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: PART 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. FNTIC Form No. 089-92A (Printed 1/93) Preliminary Report Exhibit A 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. DEPARTM NT OF DEVELOPMT SERVICES BUTTOPtOUNTY UNIFORM AP. CATION APPLICANT: Agent information to be provided is on other side: LICANT"S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: 033 so --ca I ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE C`SEi a2 - v NAME OF PROPOSE PROJECT ( any q5% �j TELEPHONE / ^ .r.-+ [, / /I r ;-,� / L.) /'7 /-P v a 1 (S30) S'33-- qs I? LOCATION OF PROJECT ( Major cross streets and Address. if any ) GFNFRAL INFORMATION REOUIRED ER'S NAME � TELEPHONE (s3Q s33 5! ADDRESS: Ca CITY. STATE & ZIP CODE: Dr. ,�qA 1/11(f, ZONE GENERAL PLA EXISTINGND USE SITE SIZE ( in Square Feet or Acres ) L �5 ,-i A1 03 Ac-, EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES lin Square Feet) (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED JW PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT W MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED BUTTE COUNTY MAY 0 6 2003 DEVELOPMENT SERVICES O TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LGIE 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.) S DA OWNER CERTIFICATION I CERTIFY THAT 1 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 INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized. execute an affidavit of author U�tieflr�d'isc ude the affidavit with this application.) DATE: Ili I (i, /0 . SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services: Print Name of Agent and Phone Number a9a Dave -are or Mailing Address ► is hereby authorized to process this application for BUTTE COUNTY MAY 0 6 2003 on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print . 'ame V"A� 0 /M Signature Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number M- ailing Address FOR OFFICE USE ONLY Verify: I Date Received: S I� �;7q &r!o Total Amount Received: `J��y AP Number(s) ✓ Legal Description —� Owners Authorization `� Zoning Requirements (Project Description -� Copies of plot plan Taken bytel! Receipt No. E.H. 'q'2—LD Plan FD_ Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ as of L4 I 3U /) � iNlake check payable to "Butte County Treasurer". .�f 0 • BUTTE COUNTY COUNTY OF BUTTE MAY 0 6 2003 ENVIRONMENTAL INFORMATION FORM DEVELOPMENT (To be completed By Project Applicant) % SERVICES Date Filed J / ls� /2 ?7 GENERAL INFORMATION: 1. Na and address f owner, and/or. 2. Address of project: 9a Ca n Assessor's Parcel Number: 03 3. Name, address, and telephone numt e,yelopgr, and/or, project sponsor: r of person to be cont c ed concernin this project: �r,�rzSS a�ov� S` 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: S L 5Z 5. Existing general plan designation: 6. Existing zoning district: / i ti 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): /�►0aga. �SP �GZV c"a Project Description: 9. Site size: r IN I 10. Off-street parking spaces: Full size: Total: 11. Plans attached: Yes t✓ No 12. Proposed development schedule_ 13. Associated projects 14. Anticipated incremental or phased development Compact: 0 Butte County Department of Development Services 0 Planning Division 0 (Acres/Sq. Feet) 4Z M Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If ermits have already been issued, please attach as Exhibit J42 Are the following items applicable to the project or its effects? checked yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or. litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land -or on slopes of. 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, . such as toxic substances, flammable or explosives. 29 30. 31. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). Relationship to a larger project or series of projects. Discuss below all items NO 0 Butte County Department of Development Services 0 Planning Division 0 Environmental Setting: (Attach brief description) 32. Describe.the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my -ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. BUTTE COUNTY MAY tj 5 2003 0 DEVELOPMENT SERVICES Date ture c cc rreo-771 O �e e-0- t > a 5�'r , /. � Fay Da�ea��cxe care re-Quz � y �J rC.rxa 5 . C.Ct5e FerI to e / ri 5-er—r � ei - cH 4 /r-e� i . s C,7) CC Ur )12 5 774 Lk.i C� 0I r �� o� - rLle HCl 1 S K:\Planning\FORMS\SubmittallENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 n A i 0 A. NAM6Ne-A Garay. B. Cor,C+r&- %A o C. Car Port D, Dweli n E, wak y, akveA br\Je WOy CYGlbr�e F2'nG2, s a1 e, 0 we 4 -C- \ . ♦ \ \ \ \ \ I \ \ \. ♦ . 1. . \ \ I CanyonH+�anA5 DY-IV� BUTTE COUNTY MAY 0 6 2003 DEVELOPMENT SERVICES DEPARTMLNT OF DEVELOPMENT SERVICES BUTI70UOUNTY UNIFORM AP CATION iT: Agent information to be provided is on other side: 19LICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: f/033 -).s -o. ADDRESS: CITY. STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USEi o� 0-3 NAME OF PROPOSR PROJECT ( any 9591 � TELEPHONE a n �r 1' -1.11 r>), 1 [� / /? (.J%�f? YD (6-30) S'33 4s O LOCATION OF PROJECT ( Major cross streets and Address. if any ) CiFNFRAL INFORMATION REOUIRED R'S NAME ME TELEPHONE (s3a 5733 .g� � ADDRESS: I CITY. STATE & ZIP CODE: C)ll,' (p ,�a r. ZONE GENERAL PLA EXISTING ND USE SITE SIZE (it) Square Fart or Acres) L �s ;+ 0 Ae EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) 1503 s +. Nt4K (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED J$'' PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER EX PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT W MINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED BUTTE COUNTY MAY 0 6 2003 DEVELOPMENT SERVICES ❑ TENTATIVE SUBDIVISION MAP ❑ 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.) OWNER CERTIFICATION 1 CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER. 1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND AC'C'URATE. (If an agent is to be authorized. execute an affidavit of authorir�liea .d isclude the affidavit with this application.) DATE: '-i ' ("I /0 S SIGNATURE: • • AGENT AUTHORIZATION To Butte County, Department of Development Services: Print Name of Agent and Phone Number Sc/-)U)a,6J go-) lV DaLQa�Lr Mailine Address is hereby authorized to process this application for BUTTE COUNTY MAY 0 6 1003 DEVELOPMENT on my property, identified as Butte County Assessor Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print'Name Sienature Architect and/or Engineer: Print Name of Architect/Engineer and Phone Number Mailing Address FOR OFFICE USE ONLY V.-rify: Date Received: S I O S Total Amount Received: J�� ' y AP Number(s) ✓ Legal Description —� Owners Authorization Zoning Requirements --'-Project Description Copies of plot plan . Taken by M ' Receipt No. 1 3� , E.H. LD Plan FD_ Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is D as of L4 I -soh) Make check payable to "Butte County Treasurer". .Nj 0 'I BUTTE • .COUNTOUNT Y COUNTY OF BUTTE MAY 0 6 2003 ENVIRONMENTAL INFORMATION FORM DEVELOPMENT (To be completed By Project Applicant) SERVICES Date Filed S �7 GENERAL INFORMATION: 1. Name, and address of o, 2. 3. project sponsor: 01 7-/1 l-Arl 0/'► Y -y l ' /I / � r ire � ,vi - Address of project: Assessor's Parcel Number: 03_`3 - .50 �- 0 2 Name, address, and telephone number of person to be cont c ed concernin this project: ca rz 6s apov� 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: :5 Li 15Z 5. Existing general plan designation: L Z22 6. Existing zoning district: _1� 7. How is land currently used? 20 8. Proposed use of site (Project for which this form is filed): 00%�i�Q. 5�- oGt /'e C-1JgQr) ) / k/ Project Description:. 9. Site size: 10. Off-street parking spaces: Full size: Total: 11. Plans attached: Yes V" No 12. Proposed development schedule_ 13. Associated project 14. Anticipated incremental or phased development Compact: 0 Butte County Department of Development Services 0 Planning Division 0 (Acres/Sq. Feet) ,Z M • • Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If ermits have already been issued, please attach as Exhibit " Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons ✓ or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. ✓ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. ✓ 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels ✓, in the vicinity. 27. Site on filled land or on slopes of. 10 percent or more. ✓ 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. ✓ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). ✓ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services 0 Planning Division 0 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), . and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. BUTTE COUNTY MAY u 6 1003 '54O DEVELOPMENT rL SERVICES Date ture v r S /n G� d pa�ea re C.�� r2 r�.Qv 7- \y u 5rto ,, . �p�. �% - y Ch i11DrX1- lv - `-n 5 uc r -a ,C_. Clea '91" ter: � h Q. a r�-n l v Q 0 rxd Y--Yor) -rh rr-e ,ori 1 5 K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services ❑ Planning Division 0 s L BUTTE can D '" "11 a n r , V� COUNTY Y g MAY 0 6 2003 DEVELOPMENT SERVICES ?art D, DweII n A E F, Co<��et2 wakK $ G. padeA Dr\de Way ek-nd ( .yclone Fence, D � o l_ecxc�, L�c,e, cs" m LV F S� CA 2, Z r 1 D� A-�. l..o. o o._o.o � Q BUTTE can D '" "11 a n r , V� COUNTY Y g MAY 0 6 2003 DEVELOPMENT SERVICES 26-55 FAMILY DAY CARE HOMES (Ord. 1635) 55.A. PURPOSE: The purpose of this section is to implement the provisions of the California Child Day Care Act set forth in Chapter 3.4, 3.5 and 3.6 of Division 2 of. the Health & Safety Code (Section 1596.70 et seq., hereinafter referred to in this section as the Act), and to provide reasonable standards, restrictions and requirements specifically relating to child day care facilities in the City of Oroville. 55.B. EXCLUSIONS: The provisions of this section shall not apply to those facilities and arrangements excluded from the provisions of the California Child Day Care Act pursuant to Section 1596.792 of the Health & Safety Code. 55.C. SMALL FAMILY DAY CARE HOMES: Pursuant to Section 1597.45 of the Health & Safety Code a Small Family Day Care Home that isroperl licensed pursuant to the provisions o�the Act shall be considered a residential use of property and shall be allowed as a matter of right in all areas of the City zoned for residential uses. Small family day care homes shall also be allowed as a matter of right in single family dwellings and multiple family housing units in commercial zones. The operation of a small family day care home without proper state licensing shall constitute a violation of this section, and, in addition to any remedies available to the state under the Health & Safety Code, any individual maintaining such a use shall be guilty of an infraction subject to citation pursuant to the Code of the City Oroville. 55.D. LARGE FAMILY DAY CARE HOMES: Pursuant to Section 1597.46 of the Health & Safety Code, a large family day, care home shall be permitted as a matter of right in any single family or multiple family residence in any area of the City, only if it satisfies all the requirements for the issuance of a large family day care home permit by the Zoning Administrator, in accordance with this section. 55.E. LARGE FAMILY DAY CARE HOMES - PERMIT ISSUANCE: 55.E.1. Any person seeking a Large Family Day Care Home Permit shall submit an application for such permit to the Zoning Administrator. The applicant shall provide any reasonably required information that the Zoning Administrator may request on application forms created by the Zoning Administrator. The Zoning Administrator shall act on the application within thirty (30) days of the date it is received and deemed complete by the Zoning Administrator. 55.E.2. The Zoning Administrator shall grant a Large Family Day Care Home permit to the applicant only if the following circumstances are present: a) Theproposed use complies with all City restrictions and regulations on yards, building height, setback and lot coverage standards in the zone in which the residence is located. Where a residence legally exists in a C-1 or N -C zone where no standards are specified, the Zoning Administrator shall have the authority to establish reasonable standards for yards, building height, setbacks, and lot coverage; b) The proposed use is either situated on a lot zoned for single family dwellings or meets a minimum standard of 75 square feet of outdoor activity space for each child who is not an infant. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the owner(s) of the adjoining property; C) The proposed use is located more than 500 feet from any other large family day care home or child day care center; 1) The proposed use provides improved off-street parking at rate of one space per employee and one space for each 6 children served other than the resident's children in the home; December 3, 2002 26-38 2) The proposed use has adequate vehicular access to the residence that provides a safe drop-off/pick-up area with minimal disruption to local traffic and circulation; and 3) The proposed use complies with General Plan noise requirements for residential uses and the provisions of this Code relating to noise. 55.E.3. As conditions of approval of a Large Family Day Care Home permit, the applicant shall be required to: a) Comply with the applicable provisions of the latest edition of the Uniform Building Code adopted by the City of Oroville which apply to single family and/or multiple family residences; b) Comply with any standards promulgated by the State Fire Marshall relating to the subject of fire and life safety in large family day care homes; and C) Be licensed or deemed to be exempt from licensure by the State of California as a large family day care home. December 3, 2002 26-39 y.. DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-7785 TO: Public Works FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior to 2003, please call Mark Michelenn at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: F—x] Planning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): By: hi Date: 4 ZoU3 RECEIVE® MAY 2 0 2003 COUNTY OF BUTTE LAND DEVELOPMENT DlV PRIVATE DRIVEWAY DETAILS EDGE OF EXISTING PAVEMENT FLOW LINE DITCH NOTES I. PIPE TO BE C.S:P. OR EQUAL (12"DIA.M.IN.) 2.PAVING SHALL CONSIST OF 4'1 OF AGGREGATE- BASE, MIN., AND 2" OF ASPHALT CONCRETE, MIN. PIPE IF REQUIRED, SIZE AND LENGTH TO BE DETERMINED IN THE FIELD BY ROAD FOREMAN. ------ /0' AREA TO BE PAVED PROPERTY LINE. DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 Telephone: (530) 538-7601 FAX: (530) 538-.7785 TO: FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Russell and Teresa Schwab, Minor Use Permit - MUP 03-10 DATE: May 20, 2003 APN: 033-150-021 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit for a large family day care facility in the AR -1 zone. PROJECT LOCATION: on the north side of Canyon Highlands Drive, about 1,600 feet east of Highlands Blvd., in Oroville. County Supervisor District No: 1 ZONING: AR -1 (Agricultural Residential - 1 acre parcels) GENERAL PLAN: Low Density Residential If a response cannot be submitted prior to(1 2003, please call Mark Michelena 6 at (530) 538-7376. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. A hearing on this application has been tentatively scheduled for July 10, 2003 before the: F] Planning Commission F-1 Development Review Committee COMMENTS: (Please be specific. Letters or additional comments may be attached): By: Date: "DRAFT" LEAD IN SHEET FILE NO: 020"03-10 AP# 1"33-1510-0df JS F3 APPLICANT: 844Sebc. li -we,-,4 Sc 14,1,413 A9,91 CA e7o" 6�1,4,,d1s OWNER: S 4rt� REPRESENTATIVE: 54-/n-- PROPOSED 4-rnr PROPOSED REQUEST: (to be filled out by person taking in application) r -. O.? A _.SAP-! FINAL REQUEST: (to be filled out by project planner) L- 7 - SEE: SIZE: 0 , 3-4-c No2j li ' LOCATION: 0" Tff-c'- zyn •ru 510 C mP G� ✓-�� ,� N tGt�c R,�o s d oiv SUPERVISORAL DISTRICT # / EXISTING ZONING: A1,2 - GENERAL PLAN DESIGNATION: 1-6 t 1° ASSIGNED PLANNER: /v1 PLANNERS INITIALS Date Application Received % w 14 �7 n ;? Date Project Assigned 30 Day Complete o.3 Preset Hearing Date'0-3 COMMENT DISTRIBUTION LIST 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 X County Counsel Irrigation District: _ Durham Area Recreation _ Butte Water —Biggs/W. Gridley Water _ OWID _ Paradise Irrigation Table Mountain Irrigation _ Thermalito Irrigation Domestic Water Viacom Cable TV _ Butte Water District _California Water Service Co. OWID _ Thermalito Irrigation 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.Social 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 _ Community Association _ _ Drainage _ Butte Env.l Council Reclamation _ Cal Native Plant Society _ _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. Pines Com. Assoc. Butte Ck. Watershed Conservancy _Paradise _Mosq. Abatement. Oroville/Butte Cc _ X Public Works Director _ Building Manager _ ALUC _ Butte Co. Farm Bureau _ Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation Richvale Irrigation Other _ Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell . _ Dept. of Fish and Game Highway Patrol Off. of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wp A_ Z)gAM6neA Ga f-o�c*, B, Conc+ C, C.Q(- F D, Dwe E, Sep V. C.onc G. Pave C.Yc,�one 5m Scale, '/Z�-tC Canon 'Ag Y ands riV2 coliE MAY 0 6 1003 DEVELOPMENT SERVICES CANYON. HIG LANDS UNIT NO. I T: 19N. RAE. M.D. S. a m. 33- - 'I H Tax Area Code I . c- 91-02 170 111. 31 572.19 20 M 25 033- is -0z' s 14 23 tea. I"= 100' � 23 J • + C 24 17.3 t qN , 25 YON 27 - I BUTTE 1 I `� COUNTY p 2003 ►tt 51 i U VZ;--0iXENT t <; 5E►RV[CE$. C 0 ,. 29Q 4OD U 4tD a 2011(. �� t �o � /y 150 /9 . 135 41 125 ti ,-A �'„ � (� � �,�0�• \ 62 ti 150 \ b. {< 10.0 125 / 6/ ti — to 125 120 10 �P5 P (� 010 v �c? 129.65 150 y .? ni� Assessors Map No. 33-/5 ; CANYON HI(;HLANDS UNIT' NO I M. 0. R. �K 8 PG. 35A- 36A NOTE—ASSESSOR'S PARCEL BLOCK County of Butte, Calif. f; . , & LOT NUMBERS SHOWN MARCH 1952