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HomeMy WebLinkAboutMUP 05-01Butte County Department of Development Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Minor Use Permit Applicant: Denise and Kevin Hicks 274 West Rio Bonito Ropad Biggs, CA 95917 File: MUP 05-01 ,4PN: 022-170-049 Date: July 27, 2005 N V- 0 I.C. f MUP 05-01 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following payment has been applied to your application: Flat Fee Paid July 12, 2004 DEVELOP. SERVICES - Planning Flat Fee $ 1,997.00 Receipt: 406799 Total Payment $2,255.00 PUBLISHING FEE DUE :.$54.60 Gridley Herald on 3/11/05 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. AMOUNT DUE AND PAYABLE $54.60 glb KAFISCAL ADMIN\BILLINGS 8 REFUNDSt2005 invoicesTUBLISING INVOICES\Hicks MUP 05=01 7-27-05 . Denise and Kevin Hicks, Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres. The property is located on the west side - of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs. APN 022-170-049 (CD) (MUP 05-01) Mr. Durling gave a brief summary of the project as the Agricultural Commissioner, Richard Price, was present at this time. Commissioner Nelson stated his concern with the 300' buffer setback. Mr. Price said the issue of the buffer was already established on the agricultural property, the residence was already in existence, and they are not looking at a parcel split, or establishing new residences, or new sites. Commissioner Nelson said we are looking at a more serious drift problem Mr. Price agreed, however they had already mitigated the drift problem on the agricultural side of the situation. There was reference to a similar project that had been denied by the Planning Commission, appealed to the Board of Supervisors, and the project was approved. So, it establishes a history of this same type of project. Commissioner Nelson asked for more detail regarding the agricultural buffer that is alreadyin place. Mr. Price stated there was an existing buffer already in place on the agricultural parcel at the time of application. Commissioner Nelson referred to the fact that when the agricultural parcel was planted in row crops, you would not have drift spray. Mr. Price stated that there would be fumigation from time to time, and if there was a conversion from row crop to orchard then there would be an issue with drift spray. He said that since there was already an existing mitigation on the agricultural parcel, they were willing to approve the project subject to the findings and conditions of approval. Commissioner Lambert stated that the issue is with residences in the agricultural buffer, and not the uses. Mr. Price agreed, and said that you could not do so due to the fact that uses vary and change, and that residential has already intruded into the agricultural areas and would continue to do so. Commissioner Nelson said that if they were to deny the project, and it was appealed the Board of Supervisors would most likely approve the use any way. Mr. Price'agreed and said he did not agree with the use, because it could impact more people than it otherwise might, if there was not a large daycare facility on the residential parcel. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 14 ■ Commissioner Lambert stated that the agricultural buffer was originally designed to protect the farmer, and now they were putting the buffer on the farmer to protect the use of the residence. Mr. Fogel stated that in the Sobrero case enforcement of the setback would be to place the house in a certain position, in this case, what is the enforcement means of the setback, and is it dependant on the type of chemical that is being used on the fields. Mr. Price said "yes" it is dependant on the type of material used and weather circumstances. The pesticide regulations are CEQA equivalent, so they are time, site, weather, and label specific. He said at the time of application his office will make the judgment call on what the application parameters would be. When the grower comes in to get his permit for spraying, it would be an imposition due to the daycare next door. The grower will have to give an exact 24 hour notice to the tenant and if the Agricultural Commissioner deems it to be a significant issue, a department representative will be on-site when the spraying application is made, and that is how their office would mitigate the issue. Chairman Marin said that they make rulings on property that they have not seen, and possibly they would vote differently if they were to make site visits. Like in the Sobrero case, the Commission probably would have voted differently if they had made a site visit and were shown where the houses were to be placed on the property. Commissioner Nelson said that they could not go out and do their own thing, and that there is specific criteria that they have to go by. He said he was not comfortable voting against the Sobrero application, but they had to follow the policy, and they can not go against policy. There was a brief discussion on site visits and how it might affect their decisions, or point of view. Mr. Durling said that the responsibility of staff was to present evidence that is available to the Commission, whether it is good or bad, and that is why he made an aerial photo for good visualizations of the issue. Mr. Price said that from his point of view daycare and intensive agricultural are not good neighbors. Mr. Wannenmacher said that they can go out to the site, but that they should disclose it when they come back to the meeting, to let people know that you were out there and what you saw. Commissioner Nelson referred to the fact that the Planning Commission members actually had business cards, and 'they could use them when they go to a site for people who asked questions. Mr. Price said that a member of his staff would be available to go out to any site and give them the `ground truth" about what would occur on-site, and they have the ability to enter since they are the permitting agency for the agricultural spraying. Commissioner Nelson said the Board of Supervisors appears to have established their position and that since a member of the agricultural staff would be on-site for the chemical application, that he would feel more comfortable about approving this project. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 15 ■ Commissioner Lambert said that the applicant could have 6'children regardless if the project was approved or not, but she would not support this project. Commissioner Nelson said if they were to deny the project, then the Board of Supervisors would just approve it anyway. Commissioner Lambert responded that maybe the Board of Supervisors would get more awareness that agriculture and children do not mix. Commissioner Nelson said he would reluctantly support the project because the Agricultural Commissioner has mitigated the issues. Chairman Marin asked Commissioner Wilson if he had any feedback before they entertain a motion. Commissioner Lambert also stated that it bothers her that the applicant did not show up for the hearing. Commissioner Wilson said that he was familiar with the area, as he grew up in an agricultural area, and that agriculture is a whole lot cleaner now than it was 40-50 years ago. In addition; the fertilizers and chemical used today are more restricted, and highly controlled. He would support the project at this time. Chairman Marin said he would also support the project. People work in the fields harvesting these crops, and then people buy them and eat them; so he would support the project. Mr. Price said there is a concern in the valley regarding these kinds of situations, and there is proposed legislation that would require one (1) mile notification of aerial applications within one (1) mile of any public facility including daycares. He said that any application within a one (1) mile radius would require a 24 hour notice, so, there would actually be more restriction on the farmer, not less. Chairman Marin agreed with Commissioner Nelson that he would reluctantly support the project. It was moved by Commissioner Wilson, and seconded by Commissioner Nelson, and carried to approve the Minor Use Permit for Denise and Kevin Hicks for a large daycare facility subject to the findings and conditions listed below. AYES: Commissioner Nelson, Wilson and Chairman Marin NOES: Commissioner Lambert ABSENT: Commissioner Leland ABSTAINED: No one I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15274(a), which states that the California Environmental Quality Act does not apply to establishment or operation of a large family day care home, which provides in- ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 16 ■ • home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. II. Approve Minor Use Permit MUP 05-01 for Kevin and Denise Hicks for a large family day care facility for up to 12 (14) children, on APN 022-170-049, based on the following findings, and the conditions found in Exhibit "A": A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county; B. 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. 2. The availability of public facilities, services, and utilities: The large day cure facility will not create a need for new public facilities, services, and utilities because telephone and electrical services already extend to the project parcel. The Butte County Fire Department requires compliance with 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 a rural residential neighborhood. The R -I zone permits large family day care facilities. The large family day care facility has the potential for a small increase in noise levels due to children playing outside and a small increase in vehicle traffic and vehicle noise. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large family day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. , . 5. The suitability of the site for the type`and intensity of use or development which is proposed: " ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 17 ■ The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate area for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 24-265, of the Butte County Code for Day Care Facilities. E. The project is consistent with the Medium Density Residential General Plan land use designation. F. There are no Large Day Care facilities 500 feet driving distance from the proposed large family day care facility as required by Butte County Code Section 24-265(e)(2). Conditions of Approval: Planning Division The facility is a single family residence that shall be the principal residence of the provider and the large family day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. The large family day care facility structure shall not contain kitchen facilities except for the existing kitchen facilities within the dwelling, and all food preparation/cooking shall occur in the primary dwelling unit. 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. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback (25 feet from front property line). ■ BUTTE COUNTY PLANNING COMMISSION MINUTES ■ MARCH 10, 2005 ■ PAGE 18 ■ • The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code, including conversion of the garage. 7. 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. 8. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. ,Said site plan is on file in the Planning Division, is identified as "Attachment B" and date-stamped September 24, 2004, and is incorporated herein by this reference. The fenced area for the children must be provided prior to the start of day care activities. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 10. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 11. Traffic shall not be allowed to back out of driveways onto West Rio Bonito Road. 12. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards 13. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Agricultural Commissioner 14. Provide a vegetative buffer around the exterior fenced area used by children during outdoor activities. Fire Department/CDF 15. Prior to the start of the large family day care facility use provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 19 ■ Countv Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 20 ■ Denise and Kevin Hicks, Minor Use Permit to establish a large daycare, facility for 14 children in the R-1 (Residential) zone on 2.63 acres. The property is located on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs. APN 022-170-049 (CD) (MUP 05-01) Mr. Durling gave a brief summary of the project and showed a power point presentation to illustrate the agricultural buffer area. Mr. Durling also mentioned that the Agricultural Commissioner's office has requested a vegetative screening to be used in addition to the fencing requirements to protect the daycare play area from agricultural drift spray. Commissioner Lambert asked for clarification on which side of the property.the screening would be on. Mr. Durling stated that the fence and vegetation screening would be on the west and north sides of the property. Commissioner Nelson asked what type of crops were being raised on the agricultural property. Mr. Durling replied that the property was fallow at this time and the field was usually planted with row crops. Commissioner Nelson asked why the 300 foot agricultural buffer setback was not being required at this time. Mr. Durling replied that the Agricultural Commissioner seemed satisfied with the current conditions and adding the vegetation screening would be sufficient protection from any drift spray. Commissioner Nelson asked what is the definition of "screening". . Mr. Durling replied that it would be a chain link fence with vegetation screening, the screening would be determined by the Agricultural Commissioner. Commissioner Nelson asked the distance between the fence and vegetation screening and the start of the agricultural parcel. There was a brief discussion of the distance from the agricultural use, stone wall and the irrigation ditch, of the agricultural property and the play area for the daycare facility. Closest point would be 30-40' and the farthest distance would be approximately 100'. There was also a brief discussion on what type of vegetation screening would be used. Mr. Durling stated that when the time came to create that screening, he would be consulting with the Agricultural Commissioner with the exact requirements for the vegetation material to be used. Commissioner Nelson indicated concern that there was an adequate buffer and stated that he would like to speak with the Agricultural Commissioner and ask what he has in mind for this project. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 2 ■ Commissioner Lambert concurred with Commissioner Nelson and inquired what County Counsel had to say about the situation. Mr. Wannenmacher stated that he did not have all the facts in front of him, but since there was an existing home he would assume that there already has been a buffer placed on the agricultural parcel to not allow spraying within a certain distance of the home. He also stated that when the building permit was applied for to convert the garage to a daycare facility, an agricultural buffer zone waiver form would have to be signed by the applicant. Mr. Durling stated that the written communication is expressed in Condition #14. The verbal conversation was that Condition #14 would suffice in addition to the stone wall on the boundary line of the residential portion of the property and the agricultural uses and that the condition would extend the buffer zone. The hearing was opened to the public. There was no public present at this time. The hearing was closed to the public and comments were confined to commission and staff. Commissioner Lambert expressed concern with the agricultural buffer distance and the presence of children. The policy states 300 feet buffer zone, and she was concerned with the fact that there will be children within 30-40' of the "drift spray" and that there is apparently no concern regarding the distance. Commissioner Nelson gave a brief commentary on the inconsistency of the 300 foot buffer zone and stated that he would like to have someone from the Agricultural Commissioner's office present to answer questions and explain the current situation. . Mr. Wannenmacher explained several options of: a.) continue the item and ask for the Agricultural Commissioner to be present to address concerns and questions, or b.) determine that this project is inappropriate and vote to deny the project. Commissioner Nelson stated that he would like to continue this item and call the Agricultural Commissioner's office and ask him to be present to address the Commissioners concerns and questions. Commissioner Lambert stated that she was unclear what the `Ag waiver form' does. Mr. Wannenmacher gave a brief explanation of the Agricultural Waiver Form. Stated that the applicant was not expanding any structures, just converting a portion of an existing structure and he was not sure if that would require an Ag Waiver Form. Commissioner Nelson stated that the Commission would never approve this project if there was not already an existing residence on this property. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 3 ,■ Mr. Wannenmacher agreed with Commissioner Nelson. Commissioner Nelson wanted to know why this project would be acceptable to the Agricultural Commissioner's office, when it would be denied if it were in another location. Mr. Wannenmacher said the question is legitimate, that since the house is there do you have to allow the additional use, when the additional use might bring additional children to the site and that might place them in jeopardy, to some extent. Most likely we have been simply looking at location of residential structures and not uses. Even in the implementing guidelines for the 300' buffer, it does not look closely at the uses on property, but it does look at the location of structures on the property. Commissioner Wilson asked what is the purpose of the 300' setback. Mr. Wannenmacher explained that the purpose of the 300' setback is not to infringe on the agricultural property. Commissioner Wilson stated that this would not infringe on the agricultural property in this particular case. Mr. Wannenmacher agreed and stated that the concerns of the other Commissioners were the impact of bringing additional children onto this property. , - There was a brief discussion on how often there would be spraying on the agricultural property, based on the type of crops being grown. Chairman Marin stated he had no problem with the project. There was an existing residential structure on the property and that without this permit the applicant would be allowed a daycare with 6 children. Commissioner Lambert said if they do not approve this permit for 12-14 children that maybe there would not be a daycare for 6 children either. Commissioner Nelson stated again that he would like Richard Price to be present to address their questions. Mr. Durling stated that the farming spraying activity is restricted to no closer than 300' from the dwelling, and that the farmer is already impacted by no spraying within 300' of the existing house, and that the vegetation barrier would be in addition to the current restrictions. He said that today the farmer can not spray within 300' of the house. Commissioner Nelson asked if there could be a condition on the project that there could not be agricultural operation within 300' of the existing residence. Commissioner Lambert stated that she would not agree to that condition. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 4 ■ Chairman Marin said that Mr. Durling is stating that the condition is already on the agricultural property. Commissioner Wilson stated that row crop spraying is performed from tractors and there would be virtually no drift spray, versus aerial spraying for orchard where there would be drift spray. Mr. Wannenmacher said it would not make sense to put that condition on here, because it would not be something that the applicant could meet. The applicant has no control over what the farmer does next door, and that would be a condition that the Agricultural Commission would have placed on the farmer. Commissioner Lambert asked that this project be continued until the Agricultural Commissioner could be available to join the meeting. She suggested a break while someone tried to reach Richard Price at his office, and to go on to Item B. Chairman Marin stated that they would recess the current item and go on to the next item, TPM 03- 09. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MARCH 10, 2005 ■ PAGE 5 ■ APPLICATION ACTIVITY LOG Applicant: Denise and Kevin Hicks Project Number: MUP 051-01 APN: 022-170-049 Action Person Contacted* Phone Date,. (Use more than one line if necessary) � Number* Time SAent *If applicable. Documentl 0 PROJECT SUMMARY SHEET FILE NO.: MUP 05-01 PROJECT TYPE: Minor Use Permit APN: 022-170-049 APPLICANT: Denise and Kevin Hicks ADDRESS: 274 West Rio Bonito Road, Biggs, CA 95917 PHONE: (530) 868-5675 OWNER: Kevin and Denise Hicks ADDRESS: 274 West Rio Bonito Road, Biggs, CA 9591,7\ REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres LOCATED: on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs PROPERTY ZONED: GENERAL PLAN DESIGNATION TOWN/AREA: 1 2 3 4 5 6 7 8 9 H R-1 (Residential) MDR (Medium Density Residential) Biggs Application accepted: 7/12/2004 Amount: $ 2,255.00 Receipt #: 406799 Assigned To: Carl Durling Comments sent to: Development Services Director, Public Works Director, Environmental Health Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel Sent to Inter -Departmental Review Committee (IDR): Status Letter sent to applicant: 07/23/04 Date scheduled for IDR: 8/4/2004 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Environmental Determination: State Clearinghouse No. Subject to Fish & Game: Categorical Exemption-CEQA#_ Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. - CEQA # Other 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13. Publication Notice Written: 7-0-6- Display Ad Prepared: 14. Notices Mailed: 3-g-.- Number of Notices: 15. Newspaper Publication Date: .4 O C P G B 16. Planning Commission Hearing(s): Action taken: 17. Board of Supervisors' Hearing(§): Action taken: Board Resolution No.: Ordinance No: Adopted: 18. Type Minor Use Permit/Send for signature: , 19. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 20. Send validated Use Permit/Minor Use Permit to applicant, representative: 21. Assessor's Memo (Use Permit, Minor Use Permit): • 22. Copy of Use Permit/Minor Use Permit to Planning Technician: 'qW 14W DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 APPLICANT'S NAME: (If application is different from owner an affidavit is required.) rev 'YN ASSESSOR'S PARCEL NUMBER: eks fckc, o9D. - I o -ow -ovo ADDRESS: STREET, CITY, STATE, & ZIP CODE FILE NUMBER: (FOR OFFICE USE) a -'k4 WF4 gi02)0ni+o I s CPQ R69 Q M660 05-01 OF PROPOSED PROJECT (If any) TELEPHONE: Kids Coin,+ U0,arifnq Ge v1�rL a v a Qa Care, S(A7 LOCATION OF PROJECT (Major cross sfreets and Address, if any) '�•�%'"^'Fn' "S.. b f ��-f�...,'� T' <�-d"Yri�h. +LP: �5,y�giY"�Y. SS*tiTr>k.�3•'+Ue'"n'sR .F"�nw :�::°",R"lirii:t�.s '�:�.f,.v� `�� yy 'i"^�.�y{�,R�� 4-Jx�y'�;��'�r "t? awy '' ppLL'++ RAli-W' s TONS = UIRED''w : - ; - :, ; R* o ...... ....>�..r. ✓!... � '� . ...:�-.:. .:. ^:: tl , 6. 9 rt :'�Lt?iia'.r.�:•�fF`u�P:DS3e8 <,S:.x:Y`��::��'�?•e...i}.:. N:d's:e..a"� OWNER'S NAME: A(!u in -� tcts TELEPHONE: (5zo 5(0 ADDRESS: CITY, STATE, & ZIP CODE: 0,7 "C'4- CA 6) 1l 7 Z E GENERAL PLAN EXISTING ND USEnn SITE SIZE (in Square Feet or Acres) �-( stn (-ram,r la idPiwec, . (p3 EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) M)Li cryu . (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED 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 �.� `, �>1- ,ci'� 3��.�• 6 1:. ;a; �:.i t��u��ll7��. '. :�S<�s ❑ GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP USE PERMIT C®Lr1T�' ❑ WAIVER OF PARCEL MAP —19MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION 1VARIANCE JUL 12 2004 ❑ LEGAL LOT DETERMINATION ❑ MINOR VARIANCE DEVrELOpWWNT ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT SERVICES ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER :': c!: .a,: �. •_<'• .::d.:'>"..: ... �P; �..: L: .: �.:__�.�,«i.:i.: :'•c:gr'. `L>"�: ::k�MriX� �S'o< _ ..�.. .r ..•. ., . ;,. ....a•.: :.:: ..:.�.�a..., .r ..nr:.....:: d2,y'y :.... i'� 'i.:�•.4 .s?i.?i .hot'' w.4'�S<:.3r:ie. •3., avi ',tai.^ �` x.;,rw.�:: ,.::�.. _ 's .. .�..... .. .:.: .. .. .... .t�.. ...,., i'., x. ., .::� r` J;.. •i:' .. ,it. v,¢ -.t `�::^<`i!j ..y.Q4..`4...Y, ri4:. a:�:..t ":,., .` :.� .. w � .�}'a ti. t��; �A.� ..:� \ � :% Y'N firr:' �` �'i' ... C �;" ' j"'Y`l ��'. T-�;� -. K•" ; �A•r 5,; :�r: ri�� .>, d PROJEGT,DESCRIPTION�r - ::r: ... � FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) I ^ La �il 1 m —Q L�a v..s'ON � °,lL!°_. +s'fSr O CE III b CA �r��'"� «"'� h +` r : >�• '��tz _ ;' ? r. .,36•., 4 ::�._;%',' `._ .� a'-" r 3(€^�r3'ay.:KfulA':ith.':i .:L''Vale`�'+�:+"3�"`..eF;'yti'J3.E�,IS +;:�s:.!'.a'i`c�'t'+{•: '�Y'?nFY+�i; ,..,. ;�: R t�'<.e ' I3 (.. • . '' 1 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 T AT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of autho ' ion and incl de a avit with this application.) J DATE: SIGNATURE: 4! K:TORMS\UNIFORM APPLICATION Page 1 or 2 AGENT AUTHORIZATION TO: Butte County, Department of Development Services: k U 11 1 -p Mailing Address Phone Number a) AZ - %15 is hereby authorized to process the application for VM on my property, identified as Butte County Assessor Parcel Number: APN# 0(gQ - I % () - Dq 1_ 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) V I4 ��S ? 01 Tl I Ck s Prin N Print N o S &ka, SignatAre Signa e Architect and/or Engineer: J11 w1 1 2®44 Phone Number (� Print Name of Architect/Fangineer Log NT DEQ R,ICSS Mailing Address FOR OFFICE USE ONLY Verify: a os -s- cx�) Date Received: ,� Total Amount Received:68 J ❑ AP Number(s) ❑ Legal Description ❑ Owners Authorization ❑ Zoning Requirements ❑ ProjectDescription❑ Copies of plot plan Taken by: Receipt No. PW/LD "oV Plan �q�l-7-w E.H. Qa ci CDF NOD/NOE Fees 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 9XT w Make check payable to "Butte County Treasurer". K:\FORMS\UNIFORM APPLICATION Page 2 of 2 as of 0-�( [ n COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) Date Filed GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: & In 9 DeO,q k TI (C1LS 2. Address of project: a_)' WDcaI' �L_b &k1k 0 &I , 614 C-46-- C)SCI i -i Assessor's Parcel Number: D aa, 176 - OLQJ 3. Name, address, and telephone number of person to be contacted concerning this project: 0f1►A h PAh(se o Ices , a24 Msf- k e:b &K&D 819r, &-gs-:Tr) 43 -so 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. 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): Lavelw 44M Iry Project Description: JUL 12 2004 DE�RONT 9. Site size: gre/Sq. Feet) 10. Off-street parking spaces: Full size: 40 Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule 13. Associated projects dIVA L_ 14. Anticipated incremental or phased development NOi-✓(-:-- 0 Butte County Department of Development Services ❑ Planning Division ❑ r 0 0 Attach description of project containing the following information: 1-5- 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. X17. 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 permits have already been issued, please attach as Exhibit L2 Are the following items applicable to the project or its effects? checked yes (attach additional sheets as necessary). 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. Change in pattern or character of general area of project. Significant amounts of solid waste or litter. Change in dust, ash, smoke, fumes or odors in vicinity. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. Substantial change in existing noise or vibration levels in the vicinity. Site on filled land or on slopes of 10 percent or more. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 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. YES �jTTE COUNTY ��12 2004 �i PMEI�T SERVICES Discuss below all items NO NIJ ❑ Butte County Department of Development Services ❑ Planning Division ❑ W 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. Date Signa ure .813V E 4 'OVN V Jul- 12 2004 DE SSR pMENT K:\Planning\FORMS\Submittal\ENV-INFO.FRM 0 Butte County Department of Development Services 0 Planning Division 0 MINOR USE PERMIT APPLICATION PACKET CHECKLIST This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1. ❑ Complete a Pre -Application Review with the Environmental Health Division for on-site sewage disposal requirements for the proposed use. The Environmental Health Division charges a $46.00 fee for this review. (This fee will be applied towards the $92.00 Environmental Health Division fee required at the time of application submittal). 2 � ❑ 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. 3 N'N9 1:1 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) 4. ❑ ❑ Twenty (20) copies of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no greater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: a. ❑ Name and address of Applicant, Engineer and/or Architect b. ❑ Property lines and lot dimensions C0A3N'TY JUL 12 2004 c. LJ El Assessor Parcel Number(s) and:the street address. DEVE SERVICES d. CJ ❑ 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. IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 1 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. h. "U ❑ All plans must be clear and legible. 5.*""U ❑ 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 necessaryby the Department ofDevelopment Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. C Signature: Date: Applicant/Representative Signature: Date: 7ItlWo &I V Planning Receiving Application COUNT'Y jUL 12 2004 DEV %OpAWNT SERV ICES IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 rI *JTTE COUNTY RECEIV# 7 County Center Drive Oroville, CA 75965 DepaifidbUdices Phone (530) 538-7881 Fax (530) 538-2140 Project Number: NIUP 05-01 Site Address: 274 W RIO BONITO RD BIGGS, CA Site Apn: 022-170-049 Applicant: Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 Description: See Description Printed: 1/18/2007 2:45 pm V// Fee Description Account Number Fee Amount Publishing Fee Gridley Herald 0010-440001-4210900-1010 $54.60'-` Total Fees Paid: Date Paid: 1/18/2007 Paid By: Den'ise and Kevin Hicks Pay Method: Check 2760 Receipt Number: P299 Received By: DEL $54.60 Ii .0 -Complete items 1, 2, and 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: I ' Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 A. S7Ul"U'll) X ❑ Agent ❑ Addre B. cei y grin ed Name) C. I Date,of DpI D. Is delivery address different from item 1/ L7 Ye: If YES, enter delivery address belo : ❑ No 3. Service Type &-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) ` ; ;? RO 2 2;4],'0; 0 0'0 6' i 2 8 3 6 ° 65'6 PS Form 3811; August 2001I,• ( i Domestic Return Receipt , ( I11 ilia l((( (i i it(( it (('t Ri(ki t t i III III I i 102595-02•M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS y Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF BUT- DEPART1190 OF BEVQXlP PLANNING OMM 7 Coup oealerO�M ` Orovfl CA r , mC) r..o � _ ( !'#i!ilii#�l}t, • copy Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING July 26, 2005 Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 CERTIFIED MAIL Re: Minor Use Permit, MUP 05-01, APN 022-170-049 Dear Denise and Kevin Hicks: Enclosed is your validated Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres. The property is located on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs. File # MUP 05-01. Should you have any questions regarding this matter, please contact this office between 8:00 p.m. and 4:00 p.m., Monday through Friday. Sincerely, clzw Gwyn Benedi Office Specialist, Senior Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) GIS (prpl) MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Denise and Kevin Hicks, MUP 05-01 DATE: July 26, 2005 EMY Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as 022-170-049, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs, zoned R-1, (Residential) Documentl 2 MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 05-01 PERMIT NO. 022-170-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kevin and Denise Hicks is hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit fora large family day care facility 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). I 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. 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 .(2) Destruction or damage by malicious acts; or 1 (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: Planning Division The facility is a single family residence that shall be the principal residence of the provider and the large family day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. The large family day care facility structure shall not contain kitchen facilities except for the existing kitchen facilities within the dwelling, and all food preparation/cooking shall occur in the primary dwelling unit. 3. 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. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback (25 feet from front property line). The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code, including conversion of the garage. 7. 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. 8. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment B" and date-stamped September 24, 2004, and is incorporated herein by this reference. The fenced area for the children must be provided prior to the start of day care activities. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 2 10. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 11. Traffic shall not be allowed to back out of driveways onto West Rio Bonito Road. 12. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards 13. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed' to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Agricultural Commissioner 14. Provide a vegetative buffer around the exterior fenced area used by children during outdoor activities. Fire Department/CDF 15. Prior to the start of the large family day care facility use provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. County Counsel 16. If this entire matter or any finding, action or condition of this matter'is appealed to -the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division California Department of Forestry and Fire Prevention California Department of Social Services, Community Care Licensing (Chico Office) 3 J • r - Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING' GIS * PLANNING March 24, 2005 Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 Re: Minor Use Permit, MUP 05-01, APN: 022-170-049 Dear Mr. and Mrs. Hicks: At the regular meeting of the Butte County Planning Commission held March 24, 2005, your request for a Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres, on property zoned R-1, (Residential) and located on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio, was approved subject to the conditions listed on the Agenda Report. v 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, April 4, 2005 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 proj ect. 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. 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 Carl Durling at 538-7150 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Gwyn Benedict Planning/Administrative Support Services Assistant Uletters\merge letters\applmup.dot PROOF OF',. PUBLICATION No. , df:�_ / 1) - In The Matter of Dol (State of California) (County of Butte) as The undersigned resident of the County of Butte, State of California, says: • That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter, that I am the principal clerk of the printer and publisher of: The Gridley Herald That said newspaper is one of general cfir;bladon as defined -by Section 6000 Government Code of the State of California, Case No. 27,207 by the Superior Court of the State of California, in and for the County of Butte; that said newspaper at all time's herein mentioned was printed and published twice a week (on Wednesdays and Fridays) in the City of Gridley and County of Butte; that the notice of which the annexed is a true. printed copy, was published in said newspaper on the following days: I certifly (or declare), under penalty of perjury, that the foregoing is true and correct, at Gridley, California. Da . 3, /� Q � at Gridley rnia ' � -'+' • ;. n ., a �..�, ;��: BUTTE COUNTY_ PLANINING COMMISSION '!.'•'NOTICE OF A PUBLIC HEARING ...,i:;tr' tti rsarl'7 i II.. Notice is hereby given by the,_Butte County,Planning Commission that a public r hearing will :belheld on Ttiursday; March 24, 2005, in the Butte County Board of Supervisors'. Room,iCounty? Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: -ITEM DETERMINED TO BE CATEGORICALLY EXEMPT �i r . t; 'FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Denise and Kevin Hicks, Minor Use Permit. to establish a •large daycare facility for 14 children in he -R-1 (Residential) zone on 2.63 acres. The property is located on •the west side of West Riq,Bonito,%ad, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs. APN 022-170-049 (CD) MUP 05-01); <, i Sk, V .: • . • The above mentioned application is'on file and available for public viewi;g .at the office of,the Butte4County peyelopment Services Department,:Pla`nning Division, 7 County °Ceriter 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 to' writing at any time prior ttie„hearing or orally at the meeting listed above or as may be'&htinue8'to a laterdate Upon action taken by the+P,lannin ..Commissionsa on the project­an,appeal mayFb' filed with the Clerk of the Board of Sbpervisors. The appeal,period is 10,days Flf you challenge the above application in court, you maybe limited to raisin ,only those issues you or someone else raised at the • m ' public hearing described this.nofice or in written corrdspondence delivered to the . Planning Commission, at or priof to, the:public hearing. BUTTE COUNTY PLANNING COMMISSION YVONNE CHRISTOPHER, DIRECTOR OF DEVELOPMENT SERVICE Publish: March 11, 2005 (The Gridley Herald) BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - MARCH 24, 2005 Applicant: Kevin & Denise Hicks File #: MUP 05-01 On the north side of West Location: Rio Bonito Road, at Hawkins Lane, Biggs Parcel Size: Minor Use Permit to allow a Request: large family day care facility Supervisor for up to 12 children District: G.P.: Medium Density Residential Zoning: R-1 (Single Family) Zone Date: June 29, 1982 Planner: Attachments: 2.63 acres 4 Carl Durling, Associate Planner A: Vicinity Map B: General Plan/Zoning Map APN: 022-170-049 C: Site Plan dated September 24, 2004 EXECUTIVE SUMMARY: The project would allow a large family day care facility (up to 12 children) in a private single family home west of Biggs on West Rio Bonito Road. The applicant proposes to convert the garage to the day care area. A large outdoor fenced area will be provided. Staff recommends approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: • The project would allow the establishment of a large family day care facility. Butte County Code Section 24-265((b)(2) defines a large family day care facility as having seven (7) to twelve (12) children as defined in chapter 3.4, article I, section 1596.79 of the California Health and Safety Code, Child Care Act. (note: this state law was revised several years ago to allow up to fourteen (14) children in a large family day care facility, but the Butte County Code has not been revised to reflect this change) • The large family day care facility would be operated within an approximate 750 square foot converted garage attached to a single family dwelling. The day care facility would include a large outdoor play area. Restroom facilities for children and adults would be provided within the dwelling. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 1 of 9 ■ • All food preparation/cooking for the large day care facility would occur in the dwelling unit using the dwelling's kitchen facilities. • The proposed large day care facility is proposed to operate Monday through Friday, from 6:00 a.m. to 5:30 p.m. • Access to the day care facility is proposed to be from an on-site loop driveway off of West Rio Bonito Road. Vehicles will be able to drive into then out of the property to drop off children. • West Rio Bonito Road is a paved public road, and is classified as a major collector street. It is the main access road into the City of Biggs for southbound traffic on Highway 99. • Sewage disposal is via an existing on-site septic system. Domestic water would be obtained from an on-site well. • The site is level with no drainages. A few oaks and other trees are located around the dwelling and the project site. • The project site is located in an area that is zoned R-1, and has a General Plan Land Use designation of Medium Density Residential. The adjoining property on the north is zoned A- 5 with a General Plan Land Use designation of AR (Agricultural Residential). • Existing agricultural uses in the project area include row crop acreage on the adjoining 1.5 acre parcel to the west of the project site, and row crop acreage on the adjoining 45 acre parcel to the north. The north and westerly side of the property is bounded by a large irrigation ditch which is not fenced. There is existing vegetative and solid wall buffers between the day care area and the adjacent agricultural properties on the north and west. A new fenced area is proposed, and will, by condition, include a vegetative buffer. • The project site is not located within a 100 -year flood zone, an earthquake zone, or an airport compatibility zone. • The applicant currently lives in the single family dwelling that would be attached to the day care facility. ANALYSIS: • 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 large child care centers. • The R-1 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 Butte County Zoning Code. The General Plan states that the Primary Use of the Single Family land use designation is single family homes at urban densities. Secondary Uses include group quarters and care homes. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 2 of 9 ■ • 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. No other large family day care centers are located within 500 feet of the project site. • The proposed day care facility is not expected to create any impacts to nearby agricultural operations. Nearby agricultural operations are not expected to create any impacts to the children at the proposed day care facility because their activities will be conducted within a building or enclosed fenced area. However, the Butte County Agricultural Commissioner's Office did recommend that a vegetative buffer be provided along the new fenced area. • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • There is adequate area for off-street parking for the residents of the dwelling and for drop-off and pick-up of children. The proposed loop road on the site would not require vehicles to back out onto West Rio Bonito Road. • The existing dwelling which will be the location of the large daycare facility has an existing kitchen. No additional kitchen shall be permitted in the daycare facility room. • The Butte County Environmental Health Division did not recommend any conditions of project approval. • The applicant is required to provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. • The applicant is required to be licensed by the California Department of Social Services, Community Care Licensing. ENVIRONMENTAL REVIEW: 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 that 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 Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15274(a), which states that 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. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks M JP 05-01 ■ Page 3 of 9 ■ II. Approve Minor Use Permit MUP 05-01 for Kevin and Denise Hicks for a large family day care facility for up to 12 (14) children, on APN 022-170-049, based on the following findings, and the conditions found in Exhibit "A": A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county; B. 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: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures. 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 telephone and electrical services already extend to the project parcel. 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 a rural residential neighborhood. The R-1 zone permits large family day care facilities. The large family day care facility has the potential for a small increase in noise levels due to children playing outside and a small increase in vehicle traffic and vehicle noise. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large family day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 4 of 9 ■ • 0 5. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate area for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 24-265, of the Butte County Code for Day Care Facilities. E. The project is consistent with the Medium Density Residential General Plan land use designation. F. There are no Large Day Care facilities 500 feet driving distance from the proposed large family day care facility as required by Butte County Code Section 24-265(e)(2). K:\Planning\PROJECTSWIUP\HICKS.05-01\Hicks MUP 05-01 PC Agenda Report draft.doc ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 5 of 9 ■ • 0 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 05-01 PERMIT NO. 022-170-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kevin and Denise Hicks is hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a large family day care facility 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. 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. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 6 of 9 ■ 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: Planning Division The facility is a single family residence that shall be the principal residence of the provider and the large family day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. The large family day care facility structure shall not contain kitchen facilities except for the existing kitchen facilities within the dwelling, and all food preparation/cooking shall occur in the primary dwelling unit. 3. 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. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback (25 feet from front property line). The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code, including conversion of the garage. 7. 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 Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 7 of 9 ■ • 0 8. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment B" and date-stamped September 24, 2004, and is incorporated herein by this reference. The fenced area for the children must be provided prior to the start of day care activities. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 10. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 11. Traffic shall not be allowed to back out of driveways onto West Rio Bonito Road. 12. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards 13. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Agricultural Commissioner 14. Provide a vegetative buffer around the exterior fenced area used by children during outdoor activities. Fire Department/CDF 15. Prior to the start of the large family day care facility use provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 8 of 9 ■ NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division California Department of Forestry and Fire Prevention California Department of Social Services, Community Care Licensing (Chico Office) ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 9 of 9 ■ Gy. • • Butte County Department of Development Services Planning Memorandum March 7, 2005 To: Inter -Departmental Review Committee Subject: Agenda Report for MUP 05-01, Hicks Planner: Carl Durling APN: 022-170-049 Location on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonita Road, Biggs. Date of IDR: -903LUA3 Attached please find the Agenda Report for MUP 05-01 for your review of the mitigation measures and conditions. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the Agenda Report electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 03/11/05. Comments: (Please send your response to cdurling@buttecounty.net.) At the very least a vegetative buffer should be established around the exterior area where children may be exposed to potential. pesticide drift from adjacent agricultural activities. See attached. Signature: ROW C. HS, A4 Date: March 8 2005 K:\Planning\PROJECTS\MUP\HICKS.05-01\IDR Agenda memo.doc Ell tte Count ` =^ LAND OF NATURAL WEALTH AND BEAUTY OFFICES OF AGRICULTURAL COMMISSIONER WEIGHTS AND MEASURES 316 NELSON AVENUE OROVILLE, CALIFORNIA 95965-3318 AGRICULTURAL DEPT.: OFFICE: (530) 538-7381 FAX: (530) 538-7594 RICHARD B. PRICE LOUIE B. MENDOZA, JR. Agricultural Commissioner Assistant Agricultural Commissioner/ Director of Weights and Measures Weights and Measures To: Department of Development Services, Planning Division From: Agricultural Commissioners Office Subject: Response to Request for Project Review and Comments Date: March 9, 2005 Applicant: Hicks Project Designation: MUP 05-01 . APN: 022-170-049 . Existing Conditions: 1. General Lane Designation: Agricultural Residential area. 2. Bordered on three sides by agricultural operation. 3. Adjacent agricultural land not severely impacted by development Pertinent Excerpts from the Agricultural Element: Gen. Plan, Ag. Element, Goal 2 - Conserve and stabilize agricultural land use at city and community boundaries in order to protect agricultural lands from encroachment and conversion to urban uses. Policies 2.3 Require development to provide land use transitions, setbacks and buffers between urban development and agricultural interface to reduce interference and conflict. Program 2.3 Where development approval, other than residential, is proposed on lot(s) adjacent to an agricultural operation or Orchard and Field Crops land use category, the Zoning Ordinance shall require a natural or man-made buffer between the development and the agricultural land use. The buffer shall be totally on the lot(s) where development is proposed. A buffer could be a topographic feature, a substantial tree stand, a water course or similarly defined feature. Agricultural uses may be permitted in the buffer area. This program does not apply to additions and remodeling to legally existing development. Gen. Plan, Ag. Element, Goal 3 Support the management of agricultural lands in an efficient, economical manner, with minimal conflict from non-agricultural uses. Findings and Review Statement: At the very least a vegetative buffer should be established around the exterior area where children may be exposed to potential pesticide drift from adjacent agricultural activities. Robert C. Hill, Deputy Agricultural Commissioner • • BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - JANUARY 27, 2005 On the north side 'of West Applicant: Kevin & Denise Hicks Location: Rio Bonito Road, atAHawkins Lane, Biggs File #: MUP 05-01 Request: G.P.: Zoning: Zone Date: APN: Minor Use Permit to allow a large family day care facility Supervisor District: for up to 12 children Medium Density Residential R-1 (Single Family) June 29, 1982 022-1 EXECUTIVE SUMMARY: Plan/Zoning Map Site Plan dated September 24, 2004 The project would allow"`a?laige�family day/`care facility (up to 12 children) in a private single family home west3of Biggs ion West Rio onto Road. The applicant proposes to convert the garage to the day ca'�r!earea. A large outdoor fenced area will be provided. Staff recommends approval ofthis Minor ase Permi with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: \.)� *The project -would allow the establishment of a large family day care facility. Butte County Code*Section 24=-'265((b)(2) defines a large family day care facility as having seven (7) to twelve�(.1214children as defined in chapter 3.4, article I, section 1596.79 of the California N� r Health and Safety Code, Child Care Act. (note: this state law was revised several years ago tallow up to fourteen (14) children in a large family day care facility, but the Butte County Co &,hass not been revised to reflect this change) • The large family day care facility would be operated within an approximate 750 square foot converted garage attached to a single family dwelling.. The day care facility would include a large outdoor play area. Restroom facilities for children and adults would be provided within the dwelling. ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 1 of 8 ■ 0 • • All food preparation/cooking for the large day care facility would occur in the dwelling unit using the dwelling's kitchen facilities. • The proposed large day care facility is proposed to operate Monday through Friday, from 6:00 a.m. to 5:30 p.m. • Access to the day care facility is proposed to be from an on-site loop driveway�off&of West Rio Bonito Road. Vehicles will be able to drive into then out of the pxo erty t lop off children. � XK w • West Rio Bonito Road is a paved public road, and is classified is the main access road into the City of Biggs for southbound tr • Sewage disposal is via an existing on-site septic system. from an on-site well. • The site is level with no drainages. A few oaks and dwelling and the project site. :.'►.. • The project site is located in an area that istioned R-1,`6 designation of Medium Density ResidentialA"Th adjoining 5 with a General Plan Land Use designation AR (Aggcu] • Existing agricultural uses in the project ar a inclludde rows acre parcel to the west of the projecasite, and rowIVrop parcel to the north. The north and westerly side of the irrigation ditch which is notenced. • The project site is not located w compatibility zone. • The applicant currently m care facility. '� ANALYSIS: on water the tl Plan Land Use north is zoned A- creage on the adjoining 1.5 ;e on the adjoining 45 acre erty is bounded by a large thin a 100-year�oo,d zone, an earthquake zone, or an airport family dwelling that would be attached to the day • �pFe BiR e County,,�Zoftin.-CoddjSection 24-265(b)(2), large family day care homes may have /u,to twelve (12) c,liildren 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 pop slse ung p -sed under the existing County Code and at such time as the code is revised to the new. Is ate standards the limits on the allowed number of children may be admi strativel ad usted for existing large child care centers. �, _, j g g • The R-)ipneg classification allows large family day care facilities with approval of a Minor U� Permit and subject to the requirements of Section 24-265 of the Butte County Zoning Cod�The General Plan states that the Primary Use of the Single Family land use designation is single family homes at urban densities. Secondary Uses include group quarters and care homes. ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 2 of 8 ■ • • • 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. No other large family day care centers are located within 500 feet of the project site. • The proposed day care facility is not expected to create any impacts to nearb yKagricultural operations. Nearby agricultural operations are. not expected to create any impacts to the children at the proposed day care facility because there activities will be conducted with a building or enclosed fenced area. The Butte County Agricultural Commissioner 's�Office did not object to this project and did not recommend any conditions of prpject�appr vo al.X • The project would not result in a significant increase in air emi6sions, fug'tive dusty emissions, light, noise, or vehicle traffic. • There is adequate area for off-street parking for the residen of the dwelling and fore -off and pick-up of children. The proposed loop road on the - site would not require vehicles to back out onto West Rio Bonito Road. • The project has been conditioned to prohibit the install tion of kitchen facilities in the large day care facility. • The Butte County Environmental Health./' i vision` ,did not recomrrien' any conditions of project approval. • The applicant is required to provide'plans and specificat ons tofthe Butte County Fire Chief to determine compliance with fire and�Iife safety standardso'f Titles 19 and 24, California Code of Regulations. � Nihe�• The applicant is require&t be licensed by California Department of Social Services, Community Care Ligen mg ENVIRONMENTALNIk,EVIEW: This applicatiolNor�a Minor �U,e Permit to�allow a large family day care is Statutorily Exempt from environme'Rn�t;alre�view der Section 15274(a), which states that the California Environmental Qualityy Act,,,does noVapply to establishment or operation of a large family day care home,ehich proyides­&h home care for up to fourteen children, as defined in Section 1596`�7,8,of tUHealth and Safety Code. ACTIONS,�FORYCONS.IDERATION: the Planning Commission take the following actions: I. �Findhhat this project is exempt from the provisions of the California Environmental Quality Act under Section 15274(a), which states that 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. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 3 of 8 ■ C� • II. Approve Minor Use Permit MUP 05-01 for Kevin and Denise Hicks for a large family day care facility for up to 12 (14) children, on APN 022-170-049, 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 de � use to adjacent uses, residents, buildings, structures, or natura� sources, with consideration given to: ` %Lr 1. Harmony in scale, bulk, coverage, and densityJ The project is in harmony with scale, bulk, coverage, and. density because the large family day care facility will no --c NX a need for``any)new structures. 'A I \ r 2. The availability of public faciliti 3 4. R The large day care fa services, and utilities extend to the project j compliance with fSfai LIX facilities. The V if Yibl' wilNot crew0'i need for new public facilities, he�cause telephone an elecl services already zrcelTheutte County Fare Department requires Fire 11- arsha equirements for large day care A neighborhood character: sed large day care facility will not change the traditional alOs Yle that is of a character consistent with a rural residential )od.�The R-1 zone permits large family day care facilities. The ly day care facility has the potential for a small increase in "due to chiPdren playing outside and a small increase in vehicle vehicle noise. ati n of traffic and thecapacity capacity and h sical character of p Y a streets: Th'eproposed large family day care facility will not significantly increase vehicle traffic in the area,- nor will it create any significant vehicle circulation impacts. The suitability of the site for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate area for an off-street loading area. ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 4 of 8 ■ 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 th%p . sed use and the conditions under which it would be operated or main 'ned wYll notbe detrimental to the public health, safety, or welfare, or a eriall inj N. ous to properties or improvements in the vicinity. C. The proposed use will comply with each of the applicable provisibns of the Chapter 24, Section 265, of the Butte County Qode. D. The project is consistent with the Medium D MY ResidentiaLC ener-al Plan land .:r J use designation. E. There are no Large Day Caze`�'faci`li proposed large family day care' c hty 24-265(e)(2). x IV 500 feet d'rivingftstance from the quired 13,Y'-ButtKounty Code Section is Report draft.doc ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 5 of 8 m EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION Pursuant to the provisions of the Zoning Ordina conditions set forth below: Kevin and Denise Hii accordance with application filed: Minor Use Pe� up to 12 children, inclusive of children�und (administratively approved to 14 children Ae the the State statute). 1. Failure to comply with the condit o application and issuance,, fA?ermit const accordance with thep�occedures set fincluding Butte County Code, Sec. 24-41. DATE: (Certified PERMIT N R'S PARCEL NO. !ffhhe 0 o�njy of B ut{f4andthe special is hereby granted a Minor Use Permit in )rr a large'tfar��nAy,4�ay c re facility allowing 10'�,,years fold hvpg in the residence to County Code is amended to conform to dkherein as the basis for approval of useor the revocation of said permit in the Butte County Zoning Ordinance, 2. Unless otherwise provided 0r,in a special condition to this Minor Use Permit, all conditions mustt 15ee om leted prior�to or concurrently with the establishment of the granted use. The use�grran ed by this permit must be established within 12 months of the delivery o the countersigned permit to the Permittee. 3. If�an use fo w`aMin se Permit �- U has been granted is not established within one .year of the date of receipt of the countersigned permit by the Permittee, the permit shall became null and void and reapplication and a new permit shall be required to establish ,. , . pp P q Minor charges may be approved administratively by the Directors of Development Serices , Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shalLbe 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 Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 6 of 8 ■ 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 ap roval of the planning manager.,,, The terms and conditions of this permit shall run with the and be to the benefit of the heirs, legal representatives, Conditions of Approval: Planning Division 3 The facility is a single family resi provider and the large family day car. the use of the property for residential The large family day care the existing kitchen facilit occur in the primary dvwell and secondary to iiia kitchen facilities except for food preparation/cooking shall to the following standards: spaces for the residents of the dwelling. spa e-rfor each employee/volunteer. The two (2) required be used for employees/volunteers. space/loading area. Yquare feet, is allowed. This sign shall not be placed in (25 feet from front property line). care home shall be'licensed by the California Department of Social Care Licensing. issuance of the Minor Use Permit, applicant shall obtain any necessary building required by code, including conversion of the garage. T, e 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. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 7 of 8 ■ • 0 cc: Land Development Division Building Division Environmental Health Division California Department of Forestry and Fire Prevention California Department of Social Services, Community Care Licensing (Chico Office) rte\_ ■ Butte County Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 9 of 9 ■ • • as "Attachment B" and date-stamped September 24, 2004, and is incorporated herein by this reference. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 10. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 11. Traffic shall not be allowed to back out of driveways onto West 12. Prior to the issuance of building permits, obtain an encroach`rnent pert for all new or existing driveway approaches and construct them to Co my\standa, as specified in County Improvement Standards 13. Prior to the issuance of building permits, a plan- or a,, e ; anent solution for drainage shall be submitted to and approved by the D. partmenf o P blic Works. The drainage plans shall specify how drainage waters shal;be et ined on site and or conveyed to the nearest natural or publicly maintaineddinage chanriel�or facility and shall provide that there shall be no increase in the peak,,flow runoff to sa channel or facility. Fire Denartment/CDF 14. Prior to the start of the large�fa�mily day care facility use provide plans and specifications to the Butte County F eQ*hief4to determine compliance with fire and life safety standards of Titles 19 and 24,,California C&4of Regulations. County Counsel 15. If thisentirem tter'ror�ariy finding, action or condition of this matter is appealed to the Boarc�-of,,Su ervisors the applicant or any other developer/operator other than the appl cant�a�grees toyindemnify the County of Butte from liability or loss related to the appry alb f-thi project and agrees to sign an indemnification agreement in a form approved`by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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 Department of Development Services ■ ■ January 27, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 8 of 9 ■ �a • • Page 1 of 2 Durling, Carl From: Durling, Carl Sent: Tuesday, March 08, 200510:31 AM To: Hill, Rob Subject: RE: MUP 05-01 Rob: According the minutes of 4AUG04 IDR, a note under Ag Comm was "Review healthy schools law; and check on airstrip. I inter -office mailed you the application and a copy of the current site plan. You should have the draft Agenda Report. Thanks, Carl From: Hill, Rob Sent: Tuesday, March 08, 2005 9:39 AM To: Durling, Carl Subject: RE: MUP 05-01 Sorry Carl, Can't find any record of it or any electronic response I made to it. Do you have any comments from me on it? -----Original Message ----- From: Durling, Carl Sent: Tuesday, March 08, 2005 7:36 AM To: Hill, Rob Subject: RE: MUP 05-01 Rob: This project was heard at the 4 August 04 IDR meeting. You should have received tha information sometime mid to late July. I will send you a copy of the map and application today. Carl From: Hill, Rob Sent: Monday, March 07, 2005 4:59 PM To: Durling, Carl Subject: MUP 05-01 Hi Carl, The IDR agenda for 3/11 has a Hicks MUP 05-01; 1 never received any information on this project so I haven't even looked at it. Can you please send me a copy of the application and a map? 3/8/2005 .max � � Page 2 of 2 i Thanks Rob 3/8/2005 0 i BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - MARCH 24, 2005 On the north side of West Applicant: Kevin & Denise Hicks Location: Rio Bonito Road, at Hawkins Lane, Biggs File #: MUP 05-01 Parcel Size: 2.63 acres Minor Use Permit to allow a Request: large family day care facility Supervisor 4 for up to 12 children District: G.P.: Medium Density Residential Planner: Carl Durling, Associate Planner Attachments: Zoning: R-1 (Single Family) A: Vicinity Map Zone Date: June 29, 1982 B: General Plan/Zoning Map APN: 022-170-049 C: Site Plan dated September 24, 2004 EXECUTIVE SUMMARY: The project would allow a large family day care facility (up to 12 children) in a private single family home west of Biggs on West Rio Bonito Road. The applicant proposes to convert the garage to the day care area. A large outdoor fenced area will be provided. Staff recommends approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The project would allow the establishment of a large family day care facility. Butte County Code Section 24-265((b)(2) defines a large family day care facility as having seven (7) to twelve (12) children as defined in chapter 3.4, article I, section 1596.79 of the California Health and Safety Code, Child Care Act. (note: this state law was revised several years ago to allow up to fourteen (14) children in a large family day care facility, but the Butte County Code has not been revised to reflect this change) • The large family day care facility would be operated within an approximate 750 square foot converted garage attached to a single family dwelling. The day care facility would include a large outdoor play area. Restroom facilities for children and adults would be provided within the dwelling. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 1 of 9 ■ • All food preparation/cooking for the large day care facility would occur in the dwelling unit using the dwelling's kitchen facilities. • The proposed large day care facility is proposed to operate Monday through Friday, from 6:00 a.m. to 5:30 p.m. • Access to the day care facility is proposed to be from an on-site loop driveway off of West Rio Bonito Road. Vehicles will be able to drive into then out of the property to drop off children. • West Rio Bonito Road is a paved public road, and is classified as a major collector street. It is the main access road into the City of Biggs for southbound traffic on Highway 99. • Sewage disposal is via an existing on-site septic system. Domestic water would be obtained from an on-site well. • The site is level with no drainages. A few oaks and other trees are located around the dwelling and the project site. • The project site is located in an area that is zoned R-1, and has a General Plan Land Use designation of Medium Density Residential. The adjoining property on the north is zoned A- 5 with a General Plan Land Use designation of AR (Agricultural Residential). • Existing agricultural uses in the project area include row crop acreage on the adjoining 1.5 acre parcel to the west of the project site, and row crop acreage on the adjoining 45 acre parcel to the north. The north and westerly side of the property is bounded by a large irrigation ditch which is not fenced. There is existing vegetative and solid wall buffers between the day care area and the adjacent agricultural properties on the north and west. A new fenced area is proposed, and will, by condition, include a vegetative buffer. • The project site is not located within a 100 -year flood zone, an earthquake zone, or an airport compatibility zone. • The applicant currently lives in the single family dwelling that would be attached to the day care facility. ANALYSIS: • 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 large child care centers. • The R-1 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 Butte County Zoning Code. The General Plan states that the Primary Use of the Single Family land use designation is single family homes at urban densities. Secondary Uses include group quarters and care homes. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 2 of 9 ■ • 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. No other large family day care centers are located within 500 feet of the project site. • The proposed day care facility is not expected to create any impacts to nearby agricultural operations. Nearby agricultural operations are not expected to create any impacts to the children at the proposed day care facility because their activities will be conducted within a building or enclosed fenced area. However, the Butte County Agricultural Commissioner's Office did recommend that a vegetative buffer be provided along the new fenced area. • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • There is adequate area for off-street parking for the residents of the dwelling and for drop-off and pick-up of children. The proposed loop road on the site would not require vehicles to back out onto West Rio Bonito Road. • The existing dwelling which will be the location of the large daycare facility has an existing kitchen. No additional kitchen shall be permitted in the daycare facility room. • The Butte County Environmental Health Division did not recommend any conditions of project approval. • The applicant is required to provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. • The applicant is required to be licensed by the California Department of Social Services, Community Care Licensing. ENVIRONMENTAL REVIEW: 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 that 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 Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15274(a), which states that 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. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 3 of 9 ■ II. Approve Minor Use Permit MUP 05-01 for Kevin and Denise Hicks for a large family day care facility for up to 12 (14) children, on APN 022-170-049, based on the following findings, and the conditions found in Exhibit "A7: A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county; B. 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: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures. 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 telephone and electrical services already extend to the project parcel. 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 a rural residential neighborhood. The R-1 zone permits large family day care facilities. The large family day care facility has the potential for a small increase in noise levels due to children playing outside and a small increase in vehicle traffic and vehicle noise. 4. The generation of traffic and the capacity and physical character of surrounding streets: The proposed large family day care facility will not significantly increase vehicle traffic in the area, nor will it create any significant vehicle circulation impacts. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 4 of 9 ■ • 5: The suitability of the site. for the type and intensity of use or development which is proposed: The site has adequate area for off-site parking spaces for the residents of the dwelling and for employees of the large family day care facility. There is also adequate area for an off-street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact.. C. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 24-265, of the Butte County Code for Day Care Facilities. E. The project is consistent with the Medium Density Residential General Plan land use designation. F. There are no Large Day Care facilities 500 feet driving distance from the proposed large family day care facility as required by Butte County Code Section 24-265(e)(2). K:\Planning\PROJECTS\MUPMCKS.05-01\Hicks MUP 05-01 PC Agenda Report draft.doc ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 5 of 9 ■ EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) MUP 05-01 PERMIT NO. 022-170-049 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Kevin and Denise Hicks is hereby granted a Minor Use Permit in accordance with application filed: Minor Use Permit for a large family day care facility 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. 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 Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 6 of 9 ■ 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: Planning Division The facility is a single family residence that shall be the principal residence of the provider and the large family day care facility shall be clearly incidental and secondary to the use of the property for residential purposes. 2. The large family day care facility structure shall not contain kitchen facilities except for the existing kitchen facilities within the dwelling, and all food preparation/cooking shall occur in the primary dwelling unit. 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. 4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed in the front yard building setback (25 feet from front property line). 5. The large family day care home shall be licensed by the California Department of Social Services, Community Care Licensing. 6. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building permits required by code, including conversion of the garage. 7. 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 Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 7 of 9 ■ 8. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment B" and date-stamped September 24, 2004, and is incorporated herein by this reference. The fenced area for the children must be provided prior to the start of day care activities. 9. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 10. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. Public Works 11. Traffic shall not be allowed to back out of driveways onto West Rio Bonito Road. 12. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards 13. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Agricultural Commissioner 14. Provide . a vegetative buffer around the exterior fenced area used by children during outdoor activities. Fire Department/CDF 15. Prior to the start of the large family day care facility use provide plans and specifications to the Butte County Fire Chief to determine compliance with fire and life safety standards of Titles 19 and 24, California Code of Regulations. County Counsel 16. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 8 of 9 ■ NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division California Department of Forestry and Fire Prevention California Department of Social Services, Community Care Licensing (Chico Office) ■ Butte County Department of Development Services ■ ■ March 24, 2005 ■ Agenda Report - Hicks MUP 05-01 ■ Page 9 of 9 ■ .VICINITY MAP 3 Honker Lni? E z M U a: - Butte City Hwy ' Private Project Location - o, rnEastzLiarimilton ft" . 'D 3 H elbusch Ln m - c _ + m -E nce Ave ' anphil r Yw East Rio Bonito Rd E Afton Rd c Wa nut Ave J Biggs B St Biggs ast H H xson Ave Wiley Way atson Rd akota Ave aim Ave Chatfield Av aQ N. Almond Ave Farris Rd °' Drake Ave Hastings Ave Mariani Rd Pryde Ave So th Ave Hinama r S adman Rd AD Ln uMY Ln Ord Ran h R c m Un Lively Rd Den*z Broome o Gridley o, . Prather Rd f m v. Justes n Rm Orange Ave dish Ln U) Z Fi7 d 'm Col sa Hwy m Sy.! N st Gridley Rd Y° Ar er ve Mo Li -15 Y r+ heldo Ave West Liberty Rd o J Q H Itis Ln H Richard Ave S c7 O'B n Ave Hurtbu Ln I eith Ave Neuharth n LL O ielson Av lar y Ave MUP 05-01 022-170-049 0 • Butte County DepartrnentofDevelopment,Services PLANNING DIVISION 7 County Center Drive Oroville; CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING March 14, 2005 Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 Re: MUP 05-01, AP: 022-170-049 Dear Mr. and Mrs. Hicks: Enclosed is a copy of the Agenda Report concerning your application for a Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres on property zoned R-1 (Residential) and located on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for March 24, 2005, 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 Carl Durling of this office at 538-7150, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Services Assistant Enc. cc: Environmental Health Land Development KNetters\nerge letters\SCHEDULE.dot 24-41 Minor use permits. Page 2 of 2 compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. (d) Findings. The approving authority shall make the following findings before granting the permit; (1) That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this ordinance [article], the purpose of the zone in which the site is located, the Butte County general plan, and the development policies and standards of the county; and (2) That 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: a. Harmony in scale, bulk, coverage, and density; b. The availability of public facilities, services and utilities; c. The harmful effect, if any, upon desirable neighborhood character; d. The generation of traffic and the capacity and physical character of surrounding streets; e. The suitability of the site for the type and intensity of use or development which is proposed; f. Any other relevant impact of the proposed use. (3) That 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. (4) That the proposed use will comply with each of the applicable provisions of the chapter, except for an approved minor variance. (e) Appeals. The appeal procedure for any action taken by the planning commission on a minor use permit request shall be the same as for a use permit as specified in section 24-45.30. (f) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1) year following the date on which it was approved, unless prior to the expiration: (1) A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or (2) A certificate of occupancy is issued for the structure which was the subject of the minor use permit application; or (3) The site is occupied in accordance with the minor use permit, if no building permit or certificate of occupancy is required; or (4) The use which was the subject of the minor use permit application is commenced, provided that a minor use permit for a public utility installation may be valid for a longer period if specified by the Planning Commission. A minor use permit subject to lapse may be renewed for an additional period of up to one (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for renewal of the minor use permit is filed with the planning manager on the prescribed form and accompanied by the necessary data and fees. The approving authority may grant or deny an application for renewal of a minor use permit. 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. (Ord. No. 3850; § 11, 4-22-03: Ord. No. 3176, § 1(Exh. A), 1-24-95) http://municipalcodes.lexisnexis.com/codes/butteco/–DATA/CHAPTER24/24-4 1 —Minor–... 3/4/2005 • 0 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Denise and Kevin Hicks DATE: 7/12/2004 AGENT: APN: 022-170-049 FILE #: MUP 05-01 PLANNER: Carl Durling PROJECT DESCRIPTION: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of- way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE ® I. Prior to the r-eeer-datien e f issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on- site. C. LEGAL LOT STATUS ❑ I. Prior to the issuance of the Minor Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. 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, March 24, 2005, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Denise and Kevin Hicks, Minor Use Permit to establish a large daycare facility for 14 children in the R-1 (Residential) zone on 2.63 acres. The property is located on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs. APN 022-170-049 (CD) (MUP 05-01) 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 To be published in the Gridley Herald on Friday, March 11, 2005. Butte County Departrnent 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 4, 2004 Kevin and Denise Hicks 274 West Rio Bonito Rd. Biggs, CA 95917 Re: Project Incomplete — Minor Use Permit for Kevin and Denise Hicks, APN 022- 170-049 (274 West Rio Bonito), Project # MUP 05-01 Dear Mr. and Mrs. Hicks: The Butte County Inter -Departmental Review Committee (IDR) reviewed the above referenced project at its August 4, 2004, meeting. The IDR committee determined that the project is not complete for the following reasons: 1. Inadequate site development plan. Provide a revised site development plan that corrects the following: • The drainage ditch should be shown as a Irrigation Ditch. • The driveway configuration must reflect what is actually on the ground. • The east end access point should be identified. • The actual location area of activity should be identified on the site plan. 2. Provide a detailed floor plan of the building area to be converted for use as the "school." Include the uses, access points, entry into the dwelling if proposed for any purpose. Confirm with Mike Vieira, of the Building Division, that the floor plan is adequate. His phone number is 538-7159. 3. Provide the Planning Division with a detailed enlargement of the overall site plan focusing on the "school" area. Include the outdoor area, fencing, entry gates, and playground facilities, if any, and the means of egress and ingress to building. This Minor Use Permit application is deemed incomplete until such time as the required information is submitted to, and reviewed and approved by the Butte County Planning Division. No further processing of this project will occur until such time as the application is deemed complete. The timelines pursuant to the California Permit Streamlining Act are hereby suspended until such time as the required information is submitted. Should you have any further questions regarding this matter please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7150, or via e-mail at cdurling gcbuttecounty.net. Sincerely, Carl L. Durling Associate Planner • IDR Meeting • t -L G- S Nab 4Z- 2 Project Date Issues: Department Issues Decision CDF Building P2�oos�1� c�a� Ag Commissioner �-, 3,-V, Public Works Env Health Assessor County Counsel Butte County Department o De artwent Service f Develo P PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 23, 2004 TO: Inter -Departmental Review Committee FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Denise and Kevin Hicks, Minor Use Permit - MUP 05-01 APN: 022-170-049 DATE OF IDR*: 8/4/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: August 2, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 19, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 8/4/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres PROJECT LOCATION: on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: R-1 (Residential) GENERAL PLAN: MDR (Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at cdurling@buttecounty.net. 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 November 11, 2004, before the Planning Commission. IDR COMMITTEE_ APPLICATION COMPLETE:, No (Please send response to cdurling@buttecounty.net by August 2, 2004 ) Yes (Conditions/mitigation measures due by August 19, 2004) K:\Planning\Projects\CommentRequestForm.dot • 0 Page 1 of 3 Durling, Carl From: Schroth, Eric Sent: Tuesday, August 03, 2004 11:04 AM To: Durling, Carl Subject: FW: MUP 05-01, Kevin and Denise Hicks; Carl Durling, planner Complete. From: Thornton, Roneva Sent: Friday, July 23, 2004 3:34 PM To: Read, Darren; Willis, Don; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Fogel, Doug; Fowler, Steve; Hill, Rob; Johnston, Mary; Lawrence, Gail; MacKenzie, Robert; Price, Richard; Reimers, Ken; Schroth, Eric; Severin, Vance; Starrett, Bill; Vieira, Mike; Wannenmacher, Felix Subject: MUP 05-01, Kevin and Denise Hicks; Carl Durling, planner Butte County Department of Development Services Planning Memara ndum To: Members of the Inter -Departmental Review Committee From: Carl Durling,Project Planner Date: July 23 2004 Subject: MUP 05-01 Denise and Kevin Hicks APN: 022-170-049 Location on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way,at 274 West Rio Bonito Road Biggs 30 -Day Complete: 1 8/10/2004 Date of IDR: 8/4/2004 Please respond by 08/02/2004, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? Yes. Conditions and/or mitigation measures (please respond by 08/19/2004) Standard Conditions are attached for your convenience. 8/3/2004 0 Durling, Carl - From: Wannenmacher, Felix Sent: Thursday, July 29, 2004 4:49 PM To: Durling, Carl; Christopher, Yvonne; Baker, Joseph Cc: Miller, Gloria Subject: Hicks Application (MUP 05-01) A#04-304 Hi Carl, Yvonne, and Joe, Currently, the Code does not allow for 14 children. In other applications, we have only approved 12 children. Check with other planners. Make sure the standards in 24-265(e) are met. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE • CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. Durling, Carl From: Walters, Charlotte Sent: Friday, July 30, 2004 4:05 PM To: Durling, Carl Cc: Walters, Charlotte Subject: MUP 05-01, 274 W. Rio Bonito, APN 22-170-049 Application is complete, no conditions or requirements. Charlotte 0 Durling, Carl From: Leasure, Paula Sent: Wednesday, July 28, 2004 9:36 AM To: Durling, Carl Subject: MUP 05-01 Carl, LAFCO staff has reviewed the proposed project and has no comments. Paula Leasure Executive Officer • .- — �J mem 0 — Butte County Department of Development ServiceTr rmo TM PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Jul 23 2004 TO: - epartmen Review Committee FROM: Carl Durling, B e County Planning Division SUBJECT: omments on a Development/Land Use Application APPLICANT: Denise and Kevin Hicks, Minor Use Permit - MUP 05-01 APN: 022-170-049 DATE OF IDR*: 8/4/2004 *Inter Departmental Review Committee IDR RESPONSE REGARDING, COMPLETENESS OF APPLICATION DUE BY: August 2, 2014 AGENCY/DEPARTMENT CONDITIONS/1VIITIGATION MEASURES DUE BY: August 19, 2004 The Planning Division has received a project application as described below. This application is being provided to youl for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 8/4/2004, and/or to recommend conditions and mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres PROJECT LOCATION: on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: R-1 (Residential) GENERAL PLAN: MDR (Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at cdurling@buttecounty.net. 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 November 11, 2004, before the Planning Commission. K:\Planning\Projects\Co=efdRequestF—dot ,+,+�. -,.ti. t.y�' �'3 r. .,. �., b•fl:;t13. �1"!1�}.`� t:�f.%'S!•f1.).` ry''c�¢.}�.�. ,tit.tt• , ..;1 ryTa.. �,lt,� {i's'rr it L a'JJiSIP iW tl �•�.: I�'ft�i �.iilrl4;t ii�,t ��7���i f/_J r.Sif'.: ar7 rv.y ^..-v. -� i'. r.. ` J +I�YIS'i:src:�$.}• `ii{.� :i?i`5�.d�lif'}l�:S {�n�x i• , S 1 , i9 1 t rliy t. !r;^atrio I ! y`x :pay � ^'y 4. � •;aikLS, �; .ir.3i•r,�l'1 •s ss' •1..1,I1`J!' "1 �iiL,r ,ug Steven I Fowler Life Safety Officer Office (530) 538-6837, 166 Ply'• (530) 871-8381 Cell (530) 521-8768 Fax (530) 538-2105 Butte County Fire Rescue/CDF Fire 176 Nelson Ave., Oroville, CA 95965 rCiS::r•!i�,S ;,rizrsrst:►'i ,.r? !' til]✓ rj, il�f'e:J,•rrl a;r:`1ri la} aj (r:i•..i�l :+; .r G; ay; -r i r �1 __ . _ .. ,.:{ is �Ir:lt,::t.•, +:! t.iTrij`1 �;::J ��J:rjr.i. :�'i7..3F':'j6:5? ,�+�.� 'i..���,+C��''1 ; j>,;t iir' r��'tr::-rl;Yut!� �: .�.7Jr:111 C'ria; ,r1 r .`<1 Itf'i. .•- r - !� .r. f�7s` s ';i.a J%� f; .y.f; 'i Cl '�.ji'i !' .�i. , i ^7"i►;ir �'i:.Sit$ crl"w:F� �YYya,'t Git,rCs�! Jl�)< !t:a f'� . i•� �; r ! �' #• ..�:l; `.i".t�'`�1 Q"t"� z`i�"3c;�`�,�"i!`�'!r'':r'j6�s'st't"� ti t'f•stn-�L•t��:%� t3iJ;r;�t:tJ:.iu�t:i±S�C`:f :t�'�t.d�f .a� tit,.?x'.•.iYf Jiff:. `.j f ": t'*t. •J• � y i � : `J;� !i!.!t G,e QJ �Vr^^,!4 (3!T (J!') f1 fZis.ls'^-T1fi)l�iir/ N::*`.) 1;r t:'mf 111 V1 T1{l,l!E`.'�fi: :rJf: J fr1{ JJtit i t.R.i'�' �f,:1�7itt ;?i C"ft.`tr:f'1tU i t)tl ^. lt:J� i! fir, a,l3J 1..,. fti,�•E 'it�? l!1 f:.•y (Iijd.`}'f %rJ t j 'Y`p'.s�u;`3'r':'i+r: i4}: t•i ! t!iiE.:3l. ��AJI`ir•eSr• .A Rt Sr. ., .31 S�, (� .:t;rt =!l,Ri3:i1� fCY�, •'Ettk ti F► �jt!f'LCt'1t; ., .. .. .. .. . • 4 `I � of • ? `- •a :• �i �'��'�S .� 3': •'+ r� 101134 n".El:ytE33Da Eat �YtC� ,{w?'y F..f.,a lt7,Jtl�' }e'° 1 ! '_...�__ _ __.._-_.. _ .ir•s.���r�,r°� FlE.,`,;tit,r• 'p;i; 9ri,1 iy6t!'J J-'Y� i:tifil.:� ►+IE�`.�r•:itlli;tF1<!_�� ,tl '� � A Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile July 23, 2004 TO: ENTER AGENCY/DEPARTMENT FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Denise and Kevin Hicks, Minor Use Permit - MUP 05-01 APN: 022-170-049 DATE OF IDR*: 8/4/2004 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: August 2, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 19, 2004 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, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 8/4/2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres PROJECT LOCATION: on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: R-1 (Residential) GENERAL PLAN: MDR (Medium Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 538-7150 or send him an e-mail at cdurling@buttecounty.net. 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 November 11, 2004, before the Planning Commission. IDR COMMITTEE - APPLICATION COMPLETE: ❑ No (Please send response to cdurling@buttecounty.net by August 2, 2004 ) ❑ Yes (Conditions/mitigation measures due by August 19, 2004) K:\Planning\Projects\CommentRequestForm.dot ei7 r "DRAFT" LEAD IN SHEET FILE NO: "" os ' q AP# a- ^ 110 - 0'--1 APPLICANT: RNC -V--5,, a aN gt5, OWNER: S vwkk � REPRESENTATIVE: �j 0 o �= PROPOSED REQUEST: (to be filled out by person ntaking in nn, A n, f Ir- -- .. P .F., n. FINAL REQUEST: (to be filled out by project planner) e-si -441-15 i + LA ..sem OA y QWO %h0,l1 t7 fno.c Jx/ c/��c �.2. ✓ i�✓ 20 ; U ©AI 61-6.1 � C. -a . SIZE: 0-(03 AGLOCATION: 6y\ `��/�. uit,S-� s, 440 04 U-LGS% P40 B cyy { o M �t6 DdUv� vu -7S--b fWttl-a 1,11ac.0 . a�- U 9. 1240 VC, JJ Xt tZo (GG - SUPERVISORIAL DISTRICT # + - EXISTING ZONING: �^ GENERAL PLAN DESIGNATION: 00 9 ASSIGNED PLANNER: 06v -k l PLANNERS INITIALS Date Annlication Received 7l/?.,/ 0 Date Proiect Assigned l q 7yl-7 o�y IDR Date 30 Day Complete e) / (b Preset Hearing Date KAPlanning\Forms\Lead In Sheet.doc County Offices and Cities: _ Chief Administrative Officer X Environmental Health _ Sheriff X LAFCo Biggs _ Oroville Information Systems Dept. X County Counsel Irrigation District: _ Butte Water _ OWID Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer _ Butte Water District Skansen Subdivision (CSA 21) Fire Protection X 'California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies COMMENT DISTRIBUTION LIST X Develop. Services Director X Assesor _ BCAG _ Air Quality Mgmt. _ Gridley _ Paradise Animal Control —Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito Irrigation _California Water Service Co. _ Thermalito I rrigation District _Themalito Irrigation _ L.O.A. PUD _ EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program Department of Conservation Off. of Mining Reclamation Dept.Social Services, Comm.Care Licensing _ Federal Agencies _ US Forest Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co _ US Bureau of Land Management _ National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy 0\� X Public Works Director X 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.wpd CJ LEAD IN SHEET FILE NO: MUP 05-01 APN: 022-170-049 APPLICANT: Denise and Kevin Hicks 274 West Rio Bonito Road Biggs, CA 95917 OWNER: Kevin and Denise Hicks REPRESENTATIVE: • REQUEST: Minor Use Permit to establish a large daycare facility for 14 children in the R-1 zone on 2.63 acres LOCATION: on the west side of West Rio Bonito Road, approximately 750 feet south of Milky Way, at 274 West Rio Bonito Road, Biggs SIZE: 2.63 acres SUPERVISORIAL DISTRICT # 4 EXISTING ZONING: R-1, (Residential) GENERAL PLAN DESIGNATION: MDR (Medium Density Residential) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Carl Durlin2 Date Application Received: 7/12/2004 Date Project Assigned: 7/19/2004 IDR Date: 8/4/2004 30 Day Complete: 8/10/2004 Preset Hearing Date: 11/11/2004 0 July 9, 2004 Denise Hicks 274 West Rio Bonito Rd. Biggs, CA 95968 BEAUTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH ❑ 202 Mira Loma Drive 411 Main Street 7 County Center Drive Oroville, CA 95965 P.O. Box 5364 Oroville, CA 95965 TEL: (530) 538-7282 Chico, CA 95927 TEL: (530) 538-7281 FAX: (530) 538-2165 TEL: (530) 891-2727 FAX: (530) 538-7785 FAX: (530) 895.6512 RE: Pre -Application for Minor Use Permit -Day Care, 274 W. Rio Bonito, AP 22-170-049 Dear Mrs. Hicks, This department has completed our pre -application review to determine if it is possible to operate a Family Day Care for up to 14 children at the above-mentioned location. Provided that the application and proposal presented to the Development Services Department conforms to the packet you submitted to our office we are prepared to approve the Minor Use Permit. You should be aware that other agencies will review this proposal when it is submitted to Developmental Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the County for this proposal. The entire formal review procedure must still be completed through the Developmental Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday. Sincerely, D � BU'LTE COLNTY Charlotte Walters JUL 12 2004 Environmental Health Specialist DEVELOpwiENT SERVICES Cc: Butte County Planning Department f. COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND. TREASURER'S RECEIPT ORO'VILLE,'CA RECEIVED FROM PLANNING BAG 1 319 ATR NO 75907 DATE. 711312004 FUND DESCRIPTION TITLE FUND. DEPT ACCT CASH CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 7113 RECEIPTS: 406799-406WZ PLANNING APPL FEES GENL 0010. 44CLICI 4210SW 101001 4,967.00 Project Number Amount of Fee AP14:022-170-049 0 HICKS tAUP G&W $1,997.00 APN:907-200-076 C CUI\IAN UP 05-02 $2,970.00 LAND DEVELOPMENT GENL 0010 440004 46111700 101061 2521.00 Project Number Amount of Fee APN:022-170-049 D HICKS MUP 05-01 $87.00 APN:007-200-076 C CUNAN UP 05-02 $ 166.00. ENVIRONMENTAL HLTH GENL 0010 540003 4614901 10lG0.1 277.00 Prvjpct Number Amcut of Fee, APN:022- 170-049 D HICKS MUP 05-04 APM0117-200-076 C CUNAN UP 05-.G2. $185.00 FIRE PLNG APDL FEE FIRE OR * OTECT 0100 4617240 l0ioiol 86.00 Project Number Amount of Fee, APN:022-170-049'D HICKS MUP 015-01 $43.00,., APN:007-200-076 C CUNAN UP 65-02 $43.00 f465 ­105E CLERK'S FILING FEE GEk 0010 470001 - 4612319 1.01001 72.00 ($36) Project Number Amount of Fee APN-.-022-1-70-049-D HICKS'mup.ami $36,00 AW007-200=076-C CUNAN UP 05-02 $30.00 FOR 7112 F�( 04/05 TOTAL $ 5,654.00 APPROVED BY: RECEIVED BY: AUDITOR-CONT"R&LER' TREASURER :White=treasurer pink --auditor canary --depositor Bolden rocl::4file I r <'-" -1 IX- - RECEIVED FROM COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND.TR'EASURER'S RECEIPT OROVILLE,: CA PLANNING BAG 1 316 ATR NO 75907 DATE. M312004 f FUND FUND. DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT Amount of Fee APNJ.-'022-'170-0490 HICKS IAUPQ&0l DEPOSIT DATE: 7113 RECEIPTS- 406799-406= FPD44NIN'd APPIEF-99S" GENL COW 44OLIGI 4210900 101001 Project Number Amount of Fee APNJ.-'022-'170-0490 HICKS IAUPQ&0l $1,997.00 7 APN:007-200-070'C CUNAN UP 05-02 $2,970.00 LAND DEVELOPMENT GENL 0010 440004 4611700 101001 Project Number Amount of Fee APN:022-170-049 D HICKS MUP 05-01 $87.00 APN:007-200-070 C CUNAN UP 05-02 ENVIRONMENTAL HLTH GENL 0010 54 03 46514901 i'mol Project Number Amount of Fee. APN:022- i 7CI-049 D HICKS MUP 05-01 $92.00' APN:00.7-200-076 C CUNAN UP 05-02..85.00 FIRE PLNG APDL FEE FIRE PROTECT 0100 4617240 109601 Project Number Amount of Fee. APN:022-170-049D HICKS MUP 05-01 $43.00., APN:007-200-076 C CUNAN UP 65-02 $43.0.0 �1`901Dd OE-CLERWS FILING'FEE-GENC,' 0010 47=1 4612319 1.01001 (S39),,Pmjgct Number Amount. of Fee (��62- 70-049-D HICKS MUP 05-01 $36.00 APN:007 200-076 C CUNAN UP 05-02 $36.00 FOR 7112 F� 04105 TOTAL S APPROVED BY: RECEIVED BY: AUDITOR-CONTRi CLER TREASURER 16 A" 13j:- vdihite=treasurer pink --auditor canary --depositor golden rod=file 4,7.00 2521.00 277.00 72.00 5,654.00 A Tuesday, July 13, 2004 Counter — Person Mark Payment Date 7/12/2004 Receipt Number 406799 Development Services PLANNING DIVISION ver. 1.0 Received From Dawn "Denise" Hicks — i ALUC (Airport Land Use) Denise Hicks j Applicant $0.00 MUP'05-01 Cell Tower ($2500.00) Application Number or In Reference To - - J 022-170-049 Parcel Number !2328 Check Number / Cash Total Received $2,255.0, Total Fees2,255.00 DDS Planning (General Fund) Public Works (Land Development) $1,997.00 $87.00 Environmental Health $92.00 ALUC (Airport Land Use) CDF (Fire Department) $43.00 NOD / NOE $36.00 (Recording Fee) Aunt Minnie i $0.00 $1, 500 or $2,000 Non Sufficient Funds ($25.00 Fee) $0.00 Planning Review Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0.00 Public Sales /Copies $0.00 Other: $0.00 • • COUNTY OF BUTTE ,n i OFFICIAL RECEIPT ISSUING RECEIPT Received from 400799 l a— 20 IMe Siam of •`, 2 ac�j.�a For ftl! DS -©t Received: Received By y o �-� r U ��C_/It\ P �Q -maim CASH ® Title CHECK [% By VI,YVV OV JIIYGJJ rVf,lY1J � tJJYI /YJ•OJ11 N1111 /�/UL . � ' 2 Wood Wood barn 20 ft X 20 ft decking a51�,yp,. ��• aft. Stucco fence 0" 0_ _•._..— ; /. front and back of the home .�/ z Wood shop 30 ft X 40 ft ' Existing well: I 50+ ft. 'from well. 3 Existing leach lines: 100 j Leach free zone ft. long, 10 ft. distance between the lines xisting septic tank ft. Chain / 1000 gallons ink fence I / 10. from foundation • � /• Metal gate hj Irrigation. ditch Wj , •/ 110 ft. from the fence to . /• property line o j ,g •r 160 ft. from front of home to property / Circular line driveway • minimum of 13 ft • ,�/ �a wide �o i ; •' / �c Site Plan Concrete o slabs Assessor's Parcel Number. 022-170-049 274 West Rio Bonito Road, Biggs CA 95917 Owners: Kevin and Denise Hicks rig, g ' �c�pa�� : • / Address: 274 West Rio Bonito Road, Biggs CA 95917 1 Site Location: Same Contact: Denise Hicks Work 538-3741, Home 868-5675 of / y,: 10 ft. easement Zoning: Ag, R1. _ - _ Scale 1"=100' Existing Residence: 1804 sq. ft. 3 bedroom/2 bath bl 0'•1 '; : , / • Built in 1971/1972 Z. ; / . 0' Slope f SEP 2 4 2004 DEVELOPMENT SERVICES 13 o gren Rd I VICINITY MAP c � ' m E Y U Butte City H --T [Project Location Honker Private �I I rnl H Ibusch Ln C = E SU � S nnhil r6r nce Ave Y Ar er ve O N Li J Y y > m Y ii Y m m> Q mSheldop Ave West Liberty Rd o J Q> vm, H Itis Ln O1 Richard Ave — '� � O'B n Ave Hurlbu Ln J eith Ave Neubarth n up ielson Av y Ave MUP 05-01 022-170-049 N > Q w East Rio Bonito Rd Y � Wa nut Ave Afton Rd z B St Biggs Biggs ast H J H xson Ave Will y way atson Rd akota Ave alm Ave Chatfield Av a Q 1 Farris Rd N m Drake Ave Almond Ave Hastings ve Mariani Rd Pryde Ave So th Ave Hinamai i ur S adman Rd AD Ln urly Ln Ord Ran h R Lively Rd m Dg^� Broome �n Gridley o, Prather Rd m . Justes n R m Orange Ave dish Ln v m � v o Of z rn .0 >d w N m Col sa Hwy m m > Sycam st Gridley Rd Y Ar er ve O N Li J Y y > m Y ii Y m m> Q mSheldop Ave West Liberty Rd o J Q> vm, H Itis Ln O1 Richard Ave — '� � O'B n Ave Hurlbu Ln J eith Ave Neubarth n up ielson Av y Ave MUP 05-01 022-170-049 BUTTE COUNTY PLANNI nt: Denise & Kevin Hicks Owner: Date: March 24, 2005 @ 9:00 a.m. Existin Minor Use Permit to establish a Large Day C on a 2.63 acre parcel. Assess COUNTY OF BUTTE DICE OF PLANNING DEPARTMENT 7 COUNTY CENTER'DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE BUTTE COUNTY MAR 1'6 2005 DEVELOPMENT SERVICES 0 ORR AMILY TRUST PO BOX 5184. OROVILLE CA.95966 ORR-SZ4 959663568 1204 FORWARD TIME EXP RTN TO ORR 2404 C:IPRIANI B=VD BELMONT CA 94002-1418 RETURN TO SENDER 0121-,116205578 $ 00.35? d 03/08/2005 Maned From 95965 US POSTAGE 76 03i12i05�='— SEND i, , 9 z Wood."� Wood bam 20 ft X 20 ft decking �y1n� AJaq 3ft. Stucco — / fence0 — — /' front and back ofthe home - • / / Wood shop 30 ft X 40 ft •' Existing well: .' / 50+ from well. 3 Existing leach lines: 100 / Leach free zone ft. long, 10 ft. distance between the linea / fisting septic tank ftChain 1000 gallons ink fence I 10.ft. from foundation - • Metal 1 1 gate Irrigation -ditch 110 ft. from the fence to W/ property line - CD 160 ft. from front of home to property A Circular line Z, ./ driveway / minimum of 13 ft wide 0 Site Plan Concrete / �o slabsQ- 1 Assessor's Parcel Number: 022-170-049 274 West Rio Bonito Road, Biggs CA 95917 : :/ Owners: Kevin and Denise Hicks �.t; Address: 274 West Rio Bonito Road, Biggs CA 95917 j ' Site Location: Same /•' ; Contact: Denise Hicks Work 538-3741, Home 868-5675 C5% :� / Nj 10 ft. easement Zoning: Ag, R1 Scale 1"=100' Existing Residence: 1804 sq. ft. 3 bedroom/2 bath . bl Built in 1971/1972 �1 %� f•' 0' Slope a d oaa r Yard for daycare Gate BUTTE COUNTY SEP 14 1004 DEVELOPMENT SERVICES. ! r AR A-5 AR ci m -i R- 1 MDR it- R-1 R-1;'. MDR - 'I I AR MLJ.Fk- SR-1 r tala f INS 5. It ,LY 11 AR A-5 MDR R-10 -170-049 R-1 R-1 % DR AR DR -� -1 SR -1 �a .�o E -Y N 112 SEC 13 T. 18N. R. 2E. M. D. B. &M. F PTN. SEC. 12 T. 18N. R. 2E. M. D. B. &M. � y +F I I I I I l I '^ "• i I 23334 I 20345 f --+--- 933.36 -------------------- ---=---L--9.45 --11 12 933.36 1.81 ACt I 300.00 127 m i75 i 3.597A8Ct . 88TRACT �.114LTff50 L0 n� 5 (::jD� 48 89 w - 20.50 Act 3. �� 2 Pct o 53 Z4 196.36 N �1 r l v i 29 Ln w 100 m6, W k 44 112 ���52 +\<� g0 PC} co 55 P. ,\ems of^02' s 2�9 PC; ", ';' N. 10.63 AC 6.59 ACf I { i i A I N 1/4 COR SEC 13 i I I I I 1131.97 181.55 2680.84 41 99 30.27 AC 3.80AC 30 n 51.00 AC 2.6. 38. 6292 354.36 / kk .1 ` 7.78 AC { a++��•�'V' iia\e{e{i{a 1 `{ 1 {`{ , � {6 \ { 62920 335.67 _ t i N-knnVrc°'°'i 0115 486.14 ; 224.00 + +---------------- - + { I + + I 1 1 I w...,__ D17ZLER TRACT 6 M.O.R. 106/107 7-12-1904 - FULLER ADDITION 6 M.O.R. 104 3-3-1909 893.95 33 20.97 AC 396.50 I { I I I I . cc O LO 15 ------------------,IMC------- 416.00 Rj 137-71 1760.0 I I l I II I II I .I I I l , NOTE: ALL INFORMATION SHOWN ON ASSESSOR PARCEL MAPS ARE FOR ASSESSORS OFFICE USE AND DO NOT NECESSARILY CONSTITUTE LEGAL LOTS. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. 22-17 1'=400' I I 1f 2 7 13 18 0 0 6 � 7.60Ac CO3 I Butte County Assessor's !Map 15 Book 22, Page 17 CREATED BY CREATED ON 12-1998 REVISED BY SDT REVISED ON 4-17-2003 FILE NAME 22-17 EFTECTNE 2003-04 ROLL Previous Book , Portion Of Page Compiled By The Butte County Assessor's Office SUPERSEDED Wood Wood bam 20 decking ,La 1�, ��'• %� 3ft. Stucco fence — : front and back of the ' home %I / - I— .• Wood shop It X 40 It Existing well: 50+ ft. from well. 3 Existing leach lines: 100 i Leach free zone ft. long, 10 ft. distance between the lines ° xisting septic tank Circular : 1000 gallons driveway 10 ft. from minimum of 13 ft / 0 foundation wide ; —9fatriao ditch ' • / 110 ft. from the fence to. WI property line `j�'i� oii dry, 10 l.• 160 ft. from front of Y� Concrete home to property slabs line �0 o° Site Plan /• y 70= �. As essor's Parcel Number: 022=1049 Sa i_ "274 West Rio Bonito Road, Biggs CA 95917 Owners: Kevin and Denise Hicks / •% Add �yress: 274 West Rio Bonito Road, Biggs CA 95917 1 el Site Location. Same Contact: Denise Hicks Work 538-3741, Home 868-5675 rnl / Zoning: Ag, R1 • 10 ft. easement Scale 1"=100' o Existing Residence: 1804 sq. ft. 3 bedroom/2 bath 01 / Built in 1971/1972 Z1 / 0' Slope QG! fes/ Sao N '�Lc S c s( Q-tGf wl kV4 wil 4,c W&Te. Cwe-q r Com. %'fTE 0 COUNTY JUL 12 2004 DEVELOPMENT SERVICES SUPERSEDED BUTTE COUNTY JUL 12 2004 i)E SENT ; Wood Wood bam 20 ft X 20 ft decking 3ft. Stucco fence_ 0 0 309— lY _ • — front and Ngo" • • / back of the _ • — � • / home I •• Wood shop 30 ft X 40 ft ;' / Existing well: 50+ ft. from well. 3 Existing leach lines: 100 j % Leach free zone ft. long, 10 ft. distance between the lines 1 0 •,' ;' xisting septic tank Circular 1000 gallons ' driveway I 10 ft. from foundation minimum of 13 ftj wide Drainage ditch 110 ft. from the fence to wl / property line cq • ,�V, ao o 160 ft. from front of / Concrete �,' home to property 2/ slabs �•F/ line qb. AW /. �a �o Site Plan Asrssor's Parcel Number: 022-170-049 '274 West Rio Bonito Road, Biggs CA 95917 Owners: Kevin and Denise Hicks Address: 274 We st Rio Bonito Road, Biggs CA 95917 55 Site Location: Same I Contact: Denise Hicks Work 538-3741, Home 868-5675 �I• 10 ft. easement Zoning: Ag, R1 Scale V-100' Existing Residence: 1804 sq. ft. 3 bedroom/2 bath of Built in 1971/1972 0' Slope SUPERSEDED BUTTE COUNTY JUL 12 2004 i)E SENT COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE 7 --o E�V9 1 TQ f0 _ SOr 06 1 dpNOF� ISTRICT �:r��•1� I�t�liill'1111111 ��1il�l�tt��11� I11�1lf�fll!!illtl'li 11 llil�ii�lil fi lilllltllil "V48,40op YEP, ro So $00.352 Lu co w ,2 • `• b _ IL o�ZGGN -�;,}:�-- C9c Us POSTAGE BdCHO PB ISTRICT �:r��•1� I�t�liill'1111111 ��1il�l�tt��11� I11�1lf�fll!!illtl'li 11 llil�ii�lil fi lilllltllil Ul U $00.352 Lu co w ,2 • `• iii?,.iF 'LOR': _ IL _. -�;,}:�-- o Us POSTAGE ISTRICT �:r��•1� I�t�liill'1111111 ��1il�l�tt��11� I11�1lf�fll!!illtl'li 11 llil�ii�lil fi lilllltllil J F .__ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC S,o, HEARING NOTICE 6�DEITH MERRILL & GENET MARIE 274 W RIO BONITO RD BIGGS CA 95917 012HI6205578 $ 00.35? 03/08/2005 Mailed From 95965 US POSTAGE ORME,274 44 FORWARD TIME 9EXPO9RTNC03 TO SEND3/10/05 ORME PO BOX 736 GRIDLEY CA 95948-0736 RETURN TO SENDER I1u1llii1l lll1,1IIIifillIIIMilt t/lrlililt 11 p vl W C= ^� o a U a U. Q � >� A . 6�DEITH MERRILL & GENET MARIE 274 W RIO BONITO RD BIGGS CA 95917 012HI6205578 $ 00.35? 03/08/2005 Mailed From 95965 US POSTAGE ORME,274 44 FORWARD TIME 9EXPO9RTNC03 TO SEND3/10/05 ORME PO BOX 736 GRIDLEY CA 95948-0736 RETURN TO SENDER I1u1llii1l lll1,1IIIifillIIIMilt t/lrlililt 11 I COUNTY OF BUTTEc !r�N11.6 012HI6205578 OFFICE OF PLANNING DEPARTMENT UJ $®®.�52 7 COUNTY CENTER'DRIVE OROVILLE, CALIFORNIA 95965-3397 w M =03/08/2005 w wMailed From 95965 �o of, Q E RETURN SERVICE REQUESTED gsOTOF mE�oE9 US POSTAGE r C ��4 O� PUBLIC SMITH T IS E . AL HEARING •_ �.t� , ..�.��: -_: - P o6. � -:: � 22­,z, . - BIG CA 95-- 7 NOTICE_ « -..... � � 7 �' ;' -i1�aa• . ,.BIUBtp�{l�lf,fl�llYfllflll1111i.)11llffl y 111111111111 111!{:l1if fill It jliJ lij l.l. J11117111 11111}1.fjlIt r•�. ^ `~ I / - � � ' / COUNTY OF BUTTEUJ o zr OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 w �Z a� RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE CMEYE WALTER K & JAN E P O BOX 453 BIGGS CA 95917 ty7 0121-116205578 $ 00.35? 03/08/2005 i4tiled From 95965 US POSTAGE MEYE453'h .959172092 1A04 44 03/10/05 ti RETURN TO SENDER MEYER PO BOX 366 BIGG5 CA 95917-0366 RETURN TO SENDER 1111If11 1!„{{{l{ 1,1t1r�1,1,,,11„r1tl,ifif��J„IJt�„t��rlt�L� I