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HomeMy WebLinkAboutMUP 06-01PROJECT SUMMARY SHEET FILE NO.: MUP 06-01 PROJECT TYPE: Minor Use Permit APN: 031-281-120 APPLICANT: Serena Diane Webb ADDRESS: 955 Thermalito Avenue, Oroville, CA 95965 PHONE: (530) 533-7638 OWNER: Serena Diane Webb ADDRESS: 955 Thermalito Avenue, Oroville, CA 95965 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: provide a large family day care facility for up to 14 children. s LOCATED: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. PROPERTY ZONED: A -R (Agricultural -Residential) GENERAL PLAN DESIGNATION: LDR (Low Density Residential) TOWN/AREA: Oroville 1. I Application accepted: 8/15/2005 Amount: $ 2332.50 Receipt #: 435157 2. Assigned To: Carl Durling 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel 4. Sent to Inter -Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 10/5/2005 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No. Categorical Exemption-CEQA# l Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other.5 AL 11. Staff Report: Project Video: 12. Clearinghouse circulation required: Yes _ No _ Date Sent to SCH: 13. Publication Notice Written: Display Ad Prepared: 14. Notices Mailed: Number of Notices: 15. Newspaper Publication Date: O C P G B 16. Planning Commission Hearing(s): Action taken: 17. Board of Supervisors' Hearing(s): 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 Minor Use Permit: 21. Assessor's Memo: 22. Copy of Minor Use Permit to GIS: 13 DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Agent information to be provided is on page 2 LICANT'S NAME: (If application is different fro o er n affidavit is required.) ASSESSOR'S PAR CE NUMBER: ADDRESS:- STREET, CITY, STA ``&, l? CODE, ` ' FILE NUMBER: (FOR OFFICE USE) NAME OF PROPOSED PROJECT (If any) 11iiYrV-'i +--(br TELEPHONE: ly cin dare 3- (off LOCATION OF PROJECT,(Major cross streets anV Addres y) ;r"nn is 1e,0 Ii.,rF it ireu{ hl'+sC'!it!g'S'sg'gi'm''g'9,'�'N:i�l�urI�`k''Rt-'�•>l''+hi�,'�{•r^V� �P, �I. ry T!t°a' :it .<3 yT d'�ih �' '�'�i�c, S: ''�ifr, ., , e , i ,P','-" " ! r; .. .• Ib1'.� 31 � �',L ��wsGE�RAI.gIl�iF, RMArTIONREQUII2�°D 55'1 r ^Exlai �AC"e7uiRTl4la�d��vVn911 r& �E$ Eltimi,I]N.,.d.L.Sk€b9a15ltilLeTllhai99'dBlbsrn"L$'F.�+�s2ld�nrcSiALUIk�r4ad�tt�hDihd9.,� au" l.e OWNER'S NAME. TELEPHONE: �e y" a��1an ADDRESS: ET'-=• I�'CITY, STATE, &ZIP CODE: `F 1(1��' l Sa ZONE GENERAL PLAN E ISTING LAND USE SITE SIZE (in Square Feet or Acres) EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) (Check One)(Check One) PROPERTY IS OR PROPOSED TO BE SEWRED--'f--f-0 PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC: ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER . ❑ GENERAL PLAN AMENDMENT ❑ REZONE USE PERMIT MINOR USE PERMIT ❑ VARIANCE ❑ MINOR.VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT FULL DESCRIPTION OF PROPOSED PROJECT of parcels.) ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER necessary sheets. If this application is for a land division, describe the number and size :a;t^:war.acmuYcu•...—.._...Twcaucorw::.w.,.y...,Y...,w,...�......,,...:.....-.....-......_.___-__ I CERTIFY THAT IAM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AN TIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavi u orization and inclu a ff a i ith this application.) BUTTE DATE: SIGNATURE: ¢ COUNTY AUG 15 2005 K:\FORMS\UNIFORM APPLICATION DEVELOPMENT Page 1 of 2 GF,n rr.FC AGENT AUTHORIZATION TO: Butte County, Department of Development Services: Phone Number ( -_ Print Name Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assesso arcel Number: APN# - - This authorization allows representation f all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not ingluding document(s) relating to record title interest. Owner(s) of Record: (sign and pript name) Print Name / Print Name Signature Signature Architect and/or EnginjKer: Print Name of Mailing Address FOR OFFICE USE ONLY Verify: ry Date Received: Cho [0AP Number(s) 0 . ers Authorization roject Description Phone Number U Total Amount Received�2 33,Z §'o egal Description [4oning Requirements pies of plot plan Taken by: cW�_cZ i Receipt No. 'q35—JS-7 PW/LD ®G Plan fI 99700' E.H. CDF II ad, ,,2 NOD/NOE Fees F3 C. o � • Cc- Payment of the currently required Application Fee and/or Deposit (Any unused portion of a dep'6sit) will be returned upon final action. 60 Current fee for this application is; 33� as of S BUTTE: Make check payable to "Butte County Treasurer". AUG 15 2005 K:\FORMS\UNIFORM APPLICATION Page 2 of 2 DEVELOPMENT • Ll COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be completed By Project Applicant) GENERAL INFORMATION: 2. 3. 4. 5. Date Filed e and address of owner, and/or developer, and/or project sponsor: Address of project: _-1 Assessor's Parcel Number: Name, address, and teleph ne number of person to be contacted concerning this project: 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: C)orQ -� Existing general plan designation: WS \ Y nci 6. Existing zoning district: 7. How is land currently used? S. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: . 33 Au�(Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: v � ( 0.Y 1� „�,r� .U��S.��'1 '- l� v ti �� • C��S Ca Total: Al C -O 1 1 . Plans attached: Yes ly No © r Or ►v�VJa-� 12. Proposed development schedule 13. Associated projects Iy I�f 14. Anticipated incremental or phased development r-rE 9. COUNTY AUG 15 2:15 DEVELOP m k-: N SERVICES O Butte County Department of Development Services O Planning Division D rn Cl • Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a minor variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons / or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential / areas or public lands or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. st- 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammablelor explosives. 29. Substantial change in demand for municipal services S (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption BUM' (electricity, oil, natural gas, etc.). LOMY 31. Relationship to a larger project or series of projects. AUG 1u 2005 DEVELOPMENT O Butte County Department of Development Services O Planning Division`MRVICES 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 arid 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. nc:-) WDa Signature KAPlanning\FORMS\Submittal\ENV-INFO. FRM O(17'TE COUNTY AUG 15 2005 OE VEIAPMENT SERVICES 0 Butte County Department of Development Services 0 Planning Division 0 Monday, August 15, 2005 Development Services PLANNING DIVISION ver. 1.0 Counter DDS Planning $1,997.00 Person Lana (General Fund) Payment Date 08/15/2005 $87.00 435157 Receipt Number Environmental Health Received From ;Serena Webb s/a Applicant CDF (Fire Department) Application Number WUP 06-01 or In Reference To $36.00 NOD / NOE (Recording Fee)' Parcel Number 031-281-120 Aunt Minnie :708 Check Number / Cash Received II E,Total $2;332.50 Total Fees IE$21-332.50 Public Works $0.00 $87.00 (Land Development) Non Sufficient Funds ($25.00 Fee) Environmental Health Cell Tower ($2500.00) $0.00 CDF (Fire Department) $180.00 $36.00 NOD / NOE (Recording Fee)' Aunt Minnie $0.00 $1, 500 or $2,000 Planning Review/ EIR $0.00 i 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: $32.50 0 a ' r COUNTY OF BU` T'E AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG 0 334 DESCRIPTION FUND TITLE.' FUND 'DEPT PT CODE CODE ATR NO 87365 DATE -811612005 ACCT CASH CODE CODE ''AMOUNT', DEPOSIT DATE: 8116 RECEIPTS: 435167 PLANNING APPL FEES GENL 0010 44000.1 42109W 141001 1,397.84 Project Number Amoubtl oY Fee APN: 031-281-120-SERENA V\EBB-AAUP 03-01 - , $1.897 LANG? DEVELOPMENT GENL 0010 4ALM4 4611700. 1010tH 87.00 Project Number Amount of Fee _ APN: 031.281-130-SERENA b`1E8B-Mup 08.01 $87 FIRE PING APDL FEE: FIRE PROTECT 0100 4617240 101001 180.00E Project Number Amount of Fee _ APN:.039-281-120-SERENA VVEBE> MUP 00-01. $1g0 NODINOt"CLEkK-!S FILING FE GENL 0010 470001 4612318 1010.01 r 3�.OxD ($36) Project Number Amount of Fee- APN:1131-288-1211-SERF-NA,w7teB-mLjp 0-61 V/, - 36 AGRICULTURE AG FEE 0414 460(9)1 4612200 10101.11 32.5i1 ProjRct Number Amount of Fee Ar v: 031--0 1-1 iii- cRcivi�'v°YTCCIDur uu-1 7 TOTAL, .$ 25332.50 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER By: - r white=treasurer oink=auditor ".nary=depositor oolden rod =file , COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO X7365 c\' RECEIVED FROM PLANNING C�r� BAG 330 DATE -8116/2005 . FUND` FUND DEPT ACCT CAST i DESCRIPTION TITLE.- CODE CODE: CODE CODE ''AMOUNT' DEPOSIT DATE: 8116 RECEIPTS: 435157 PLANNING AP'PL FEES GE:NL 0P10 440001 4210900 101001 1,3J?.OEI Project Number Amount' of Fee APN: 031-4'31-120-SERENAV,�EBB-MUP 0B•01 tol $1,997 LAND DEVELOPMENT, GENL 0010 4400114 4611700 .1=01 87.00 . Project Number Amount of Fee APN: 031-?817120-SERENA WE8B-MUP QMI _ $87 FIRE PLNG APPL FETE FIRE PROTECT 0100 4617240 101001 180.00 Project Number Amount of ,Fee APN: 031-281-120-SLOENA VVE@Ei MUP 08-01 NODiN6E.CLER?'CS Fi,LING FE-GENL 0090 4711001• 4612318 1010011 (M) Project Dumber Amount of Fee APP: 0,,3i -207 -i20 -SERF -' A';7 dt�.11flllF 06-0'1 _Vj L$36 AGRI ULTURE: AG FEE: 0 010 46=1 4512200 141001 32.50 Project Number Amount of Fee n•urRW: 03 -- --- - $3121.60 TOTAL, $ 2,332050 APPROVED BY: RECEIVED BY: AUDITOR--CONTR-OLLER TREASURER white=treasurer Pink=auditor canary --depositor gold€ rod --file 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 �1pr 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 $100.50 fee for this review. (This fee will be applied towards the $201.00 Enviromnental Health Division fee required at the time of application submittal). 2 2D/Payffient 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. 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 unifo ze sheets;no greater than 24" X 36 The finished plans shall be folded to 1/2" x l '. The "detailed- site plan must include: a. Name and address of pplicant Engineer and/or Architect b. Property lines and lot dimensions C. Assessor Parcel Numbers and the street address. d. L"I Dimensioned locations of existing and pro osed improvements on the property (including,_but not limited to'b Ings, driveways, parking, areas, landscaping, wars, sept tanks and�ea fields), I e. Proposed method of sewer and water connection or alternative method of sewage disposal and potable water supply. � BUTTE LV COUNTY AUG 15 2005 DEVELOPMENT IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE 1 Il F� 0 f. Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major _ ,storm drains bodies of wafers railroads to the property lines: tree stand`s, , . - _ p P Y__ g. North arrow and scale of drawing. All plans shall be drawn to am engineering scale with fhe preferred scale of 1" = 20' with a north arrow preferably oriented to the top of sheet. n h. (Allplans must be clear and le ible. g 5. ❑ EJ !A vicinity map showing closest major cross streets, zoning -and existing land use. Additional information maybe required in order to clarify, amplify, corrector otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Envirorunental Health Division, Butt ounty Fire Department, or Agriculture Commissioner. Signature: Date: Applicant/Representative Signature: aw4 Date: (% Manning Receiving Application K:\Planning\FORMS\Submittal\CI ECKLIS\M1NORUP.FRM Revised: 2/1/03 BUTTE COUNTY AUG 15 2005 DEVELOPMENT SERVICES . IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 Name: Serena Diane Webb Project: Minor Use Permit MUP 66-01 Planner: Carl Durling APN: 031-281=120 Zoning: A -R Location: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. Proposal: provide a large family day care facility for up to 12 children.' Mr. Durling gave a brief summary of the project. Vice Chairman Lambert questioned the age of the children and asked how many employees there would be per child. Mr. Durling said that the applicant has indicated that there will be no employees. The hearing was opened to the public. No one was present to speak on this item. The hearing was closed and comments confined to the Commission and staff: Vice Chairman Lambert said she had no problem with the location. She was concerned if these were small children with the amount of help to look after them.. Mr. Durling said Mrs. Webb's husband would be helping her. Vice Chairman Lambert asked since the Minor Use Permit goes with the land, do,they need a condition on the amount of caregivers needed per number of children. Commissioner Leland said he did not see the ratio of employees to children as in the Commission's purview and not a land issue. Mr. Mackenzie said the day care is licensed by the State and regulated by the State. He the State law is very detailed. He said that large day care facilities are 7-14. He said there is some limited preemption of local laws involved here, such that the legislator has made a finding that "Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses." He said there are State law conditions about when the homes can care for 14 children as set for in 1597.465. He did not believe that the applicant needs to wait until the Code is change, and that the County has been preempted by State law from licensing this facility for less than 14. He said the conditions in the permit should parallel State law and indicate that the home can care for 14 children if the home meets the requirements of Health and Safety Code Section 1597.465. It was moved by Commissioner"Leland, seconded by Commissioner Wilson, and unanimously carried to approve the Minor Use Permit for Serena Diane Webb, adopting Resolution PC 06-03, subject to the Conditions in Exhibit A, changing any reference to 12 children to 14 children and s deleting any language that states "administratively approved to 14 children when the Butte County Code is amended to conform to the State statute." ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 12, 2006 ■ PAGE 7 ■ Vice Chairman Lambert questioned the Fire Dept. condition that says "prior to the start..." She asked if this was appropriate language because the day care already exists. Mr. Durling said the six children are allowed by right; the "start" in "prior to the start" refers to any increase in children over the six that are allowed. There is a 10 -day appeal period on all decisions with the Clerk of the Board [i 1 ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 12, 2006 PAGE 8 ■ � FILE COPY • RESOLUTION PC 06-03 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 06-01 WHEREAS, the Planning Commission has considered Minor Use Permit 06-01, for Serena Diane Webb, in accordance with Section 24-265 of the Butte County Code on Assessor's Parcel Number 031-281-120; and WHEREAS, the Planning Commission has determined the Minor Use Permit as Statutorily Exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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. 1.4 CCR 753.5 are not required. II. Approve Minor Use Permit MUP 06-01 for Serena Diane Webb for a large family day care facility for up to 14 children, on APN 031-281-120, based on the following findings and the conditions found in Exhibit "A": A. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services, and utilities: The large day care facility will not create a need for new public facilities, services, and utilities because 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. 1 • 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 A -R 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: 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 on -street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that the size of the parcel provides sufficient space for the children, and the play area is located adjacent to the rear yards of adjoining parcels. C. The proposed use will comply, with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code that addresses Day Care Facilities. D. There are no other Family Day Care centers located within 500 feet driving distance from another large family day care facility as required by Butte County Code Section 24-265(e)(2). III. Approves Minor Use Permit 06-01 and the special conditions as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 12`" day of January, 2006, by the following vote: 2 • AYES: Commissioners Wilson, Leland, Marin, and Vice -Chairman Lambert NOES: No one ABSENT: Chairman Nelson ABSTAIN: No one NIN A LAMITERT, Vice-Chairman— Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary Planning Commission County of Butte, State of California 3 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) MUP 06-01 PERMIT NO. 031-281-120 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Serena Diane Webb 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 14 children, inclusive of children under 10 years old living in the residence. 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 4 w (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 1. 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 shall use existing kitchen facilities 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. 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. 7. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said permit is on file in the Planning Division, 7 County Center Drive, Oroville, California. The site plan is identified as "Attachment B" and date- stamped September 6, 2005, and is incorporated herein by this reference. 8. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 9. All outstanding application processing fees shall be paid prior to issuance of the Minor Use Permit. 10. The dwelling's garage shall not be used for day care activities of any kind. 11. Provide disabled accessibility, upon request, per the California Building Code. Pnhlin Wnrlre E 12. Prior to the issuance of the Minor Use Permit, 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 Minor Use Permit, deed to Butte County, in fee simple, 40 feet of right-of-way from the centerline of Thermalito Avenue along the entire property frontage. Fire Department/CDF 14. 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 15. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to 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: Is 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) 2 a i �i TO: X 0 APPENDIX A NOTICE OF EXEMPTION Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit, MUP 06-01 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Assessor's Parcel No.: 031-281-120 Applicant: Serena Diane Webb, 955 Thermalito Avenue, Oroville, CA 95965 Project Location -Specific: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose.and Beneficiaries of Project: provide a large family day care facility for up to 14 children. Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency [Sec. 15071(a)] ❑ Emergency Project [Sec. 15071 (b) and (c)] ❑ Categorical Exemption. State type and section number: 15305(a) ® Statutorily Exempt — 15274(a) ❑ General Rule Exemption. State type and section number: Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. Contact Person: Carl Durling Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Tim Snellintjs, Devel�nt Services Director DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Serena Diane Webb 955 Thermalito Avenue Oroville, CA 95965 FILING NO. Project Title/File Number: Minor Use Permit, MUP 06-01 APN: 031-281-120 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ® A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s) # 435157 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: January 20, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. l COUNTY OF € UTTE AUDITOR'S CERTIFICATE AND TREASURER'S*RECEIPT OROVILLE:, CA ATR NO 87365 RECEIVED FROM PLANNING �v:J SAG # X30 DATE � -811612005 FUND . FUND DEPT ACCT CASH DESCRIPTION TITLE.. CODE CODE CODE CODE _ A' M6 NT DEPOSIT DATE: 9116 RECEIPTS: 435157 PLANNING ADPL FEES GE NL 0010 44MOI 42109W 101001 1,997.00 Project Number Amount, of Fee APN: 031=281-120-SERENA V\EB& IUP OG -01 LANG} DEVELOPMENT GENL 0010 44OW4 4611700. . 101001 87.00 Project dumber _ Arnount of Fee APN: 031-281-124-SERENA U11=66-MUP 0&01 $87 FIRE PLNG APDL FEE FIRE PROTECT 0100 4617241 101001 180.00 Project Number . Amount of Fee APN: 031-281-120-SEP,ENk,_Vf EBB MUP oPr01_� X1$0 NODINOlt"CLERK'S PiLIP6G FE'GENL 0010 470001 4612818 101011 ($36) Project Number Amount of Fee APN: 033-28i-i2G-SCKENA V..E9E-MUP 06-11 AGRICULTURE - AG FEE 0 010 460+001 46122051 1010131 32.511 ProjRct Number Amount of Fee hrna. 000-1 _ 28"1 n "'ve =r0 n0 3411Jo C'O I TOTAL $ 2,332050 APPROVED BY. RECEIVED BY: ALIDITOR-CONTROLLER TREASURER 1. -'/ -• � �7r rite=treasurer Pink=auditor ca:narv--depositor golden rod-=fiie 4 • APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk - County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit, MUP 06-01 i Assessor's Parcel No.: 031-281-120 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Serena Diane Webb, 955 Thermalito Avenue, Oroville, CA 95965 r7 I is i� JAN 2 72003 CANDACE J. RUBES, BUT tE CO. CLERK L DEPUTY Project Location -Specific: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. Project Location -City: Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: provide a large family day care facility for up to 14 children. Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency [Sec. 15071(a)] ❑ Emergency Project [Sec. 15071 (b) and (c)] ❑ Categorical Exemption. State type and section number: 15305(a) ® Statutorily Exempt — 15274(a) ❑ General Rule Exemption. State type and section number: Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of the Health and Safety Code. Contact Person: Carl Durling Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Tim SnellinTs, DeveloA&nt Services Director �� E Ck DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Serena Diane Webb 955 Thermalito Avenue Oroville, CA 95965 FILING NO. Project Title/File Number: Minor Use Permit, MUP 06-01 APN: 031-281-120 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ® A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B: De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ❑ OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s) # 435157 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: January 20, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. COUNTY OF BLrTrE- AublTOR'S Cl—tR-nFICATE AND TREASURER" S. RECEIPT GRONALLE, CA. RECEIVED FROM PLANNiNG BAG f 320 ATR NO DATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE (--;ODE CODE CODE CODE DEPOSIT GATE: 81% RECEIPTS: 43507 PLANNING ADPL FEES GENL 0010 44MOI 42109M 101001 Project Number Am ouni, ofFee APNi 031-281-120-SERENA liVEBB-NIUP W-01 $1,997 LANE) DEVELOPMENT GENL 0010 44tK04 4611700 101001 Project Number Amount of Fee APN: 031-281-120-3ERErJA WEBB-MUP 06-01 $87 FIRE PLNG APDL FEE FIRE PROTECT 01 4617240 101001 Project Number Amount- of Fee APM031-281-120-S ENA-Vr=8B-MUP0C-01 NODINOt"CLEIRK'S FILING FE-GE?JL 0010 4700-01- 4612319 lolewill ($36) Project Number Amount of Fee V AGRIC61-TURE AG FEE f-'010 46CWI 46`12200 101001 Project Number Amount of Fee Ar 4: 03, a. 1A, V,,=cio- lu.r WAD I 87365 811612006 AMOUNT 1,997.00 180.00 32.50 TOTAL $ 2,332.50 APPROVED BY-. RECEIVED BY: ALIDiTOR-CONTR-OLLER TREASURER white=treasurw pink=auditor canar�,--dewsitor paider; rod- pie Thursday, January 26, 2006 Counter Person ;Gwyn ^+ Payment Date 101/26/2006 Receipt Number ;443621 Development Services PLANNING DIVISION ver. 1.0 DDS Planning $91.77 (General Fund) Public Works $0.00 (Land Development) Environmental Health $0.00 Check Number/ Cash 11829 L Total Received $91.77 Total Fees $91.77 Fish/Game Received From iSeren aWeb $0.00T $0.00 Non Sufficient Funds" ($25.00 Fee) CDF (Fire Department) Cell Tower ($2500.00) $0.00 same $0.00 NOD / NOE Applicant (Recording Fee) _ Aunt Minnie $0.00 lApplication Number yIMUP 06-01 $1, 500 or $2,000 or In Reference To 1031-281-120 Planning Review / EIR $0.00 Parcel Number Check Number/ Cash 11829 L Total Received $91.77 Total Fees $91.77 Fish/Game $0.00 ALUC (Airport Land $0.00T $0.00 Non Sufficient Funds" ($25.00 Fee) Cell Tower ($2500.00) '$0.00 Public Sales /Copies $0.00 Other: ^ _ $0.00 LJ • . 0 0 COUNTY OF BUTTE OFFICIAL RECEIPT. 361 0-1 a� OFFICE O 4 2 OR —U".rFV I ISSUING RECEIPT .4 Received from The Sum of a 9, For Received: -t-) Received By CASH R Title itle CHECK By DAVCO BUSINESS FORMS - —(53 -- 8 —� 0)743-8511 Farm —tS4702tU2 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING - BAG: FUND DESCRIPTION TITLE. DEPOSIT DATE: I W FOR 127 RECEIPTS: 443574- 443M 316 FUND DEPT ACCT CODECODE CODE PLANNING APPL FEES GENL Project Number APN 041-220-064. EPIC FIRELESS; UP 06-11 n na n-A----� ATR NO DATE CASH CODE 6010 440MI 4210908 101001 -Amount of Fee 2,970-00 APN 027-120-014, 0 16, RON r7RAVES;. LLA 06-17 LAND DEVELOPMENT GENL 0010 .440M 4611700. 101001 Project Number f Amount of Fee APN 041-220-08 3; EPIC WREI ESS: UP 06-11 - $ APN 02.7-120-014,015; RON GRAVES; LLA 00-17 $ 369.00 EtMRONMENTALHLTH GEML 0310 5400[3'3 4.614901 10`1001 Project Number. Amount of Fee APN 041-220-004; -EPIC WRELESS; UP 06-11 $ 202.00 APN 027-12(WK,01%.RON GRAVES;,LI-A 00-17 $ 214.00.. FIRE'PLNG ADPL 4E FIRE P* ROT'ECT 0100 4817240 101001 Project Number Amount of Fee AF?404i-220..064;EPIC WRELESS,LJPCt3-ii 347.00 APN 027-120-014, 016-, RON GRAVES; LLA 06-17 $ 54.00.. NODINOE CLERK'S FILING FE GENL GOO 47(3MI 4612319-, 101001 ($36) Project Number Amount of Fee APN 041-220-064; EPIC 1AIRELESS: UP 08-11 -$ 36.00 �u - � $ 36.00 AGRICULTURE AG FEE- 0010. 46=1 4612200 101001' Project Number Amount of Fee APN 049-220-004; EPIC VARELESS; UP G&I 1 32.50 APN 027-120-014; 015-. RON GRAVES; LLA 06-17 32.60 113012006 AMOUNT 3,616.77 524.W 416-00 401-00 72.00 TOTAL $ 51,09AL77 Co APPROVED BY RECEIVED BY: AUDITOR -CONTROLLER ONTROLLER TREASURER - V white=*ensurer pink --auditor 0anarV---:deP()sit0.r, golden rod ---file VNITY OF BUTTE ILLE, CALIFORNIA • S Chico Enterprise Record u Attn: Donna P P.O. Box 9 P Chico, CA 95927 L I. E R FIELD PURCHASE ORDER % NUMBER JP F 06-136 �//C;x a/o0 06 Issued By DDS/Planning Division Department DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 12/21/05 AMOUNT NOTICE OF PUBLIC HEARING , 40-001-53 2 To be published in the __ 3 Tuesday, December 29, 2005 4 Please furnish this office two copies of the affidavit of 5 Publication. 6 Serena Diane Webb MUP Butte County Planning Lynn - 538-7602 7 County Center Drive Oroville, CA 95965 I TOTALI 91•9� I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there isa ge ppr ' ti for the same. F 06-136 Date: girtWeOlt Heador Authorized Deputy SUPPLIER NO. Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT. NO. AFFIDAVIT OF PUBLICATION , +r�-• . sga,�:BUTTE,COUN PLANN N COM ISSIO ''NOTICE OF PUeEld HEARIN TICE OF INTENT State of CaliforniaJ M GAITED NEGATIVE DECLARATION f ,r Notice is hereb t SS. Y 9wen by the Butte County Planning Commissronahat a Sgpe hearmg will.b, held yn January 12 2006 m the.Bu1e County Board of County of Butte Pervisors Room Count Admmistratron Center 25 County Center Drive,, Oroville; California, regarding the followm item; r,,_ ral- accordance with the Calrfornia Enwronmental Quah Apt' C QA)tian The undersigned resident of the county of Ual Study has been prepared forthe followm ry Drorsron,staff is recommending a Mitigated'N6'gative Declaration? Butte, State of California, says: 9 P�o000:Therefore Planning y br't *�f y MITIGATED NEGATIVE DECLARATION `r . , Name MontyA`Vanderbeck 1 Planner: Carl Durling t J 1 ; <� �t °' Pr"ofect: RZ 04-2' That I am, and at all time herein mentioned n location: on bort; sides of Forbestow nRoad approx?matety 91.5 fcet not "of BamfoNd.1 approxrmatel !Zoning: et R was a citizen of the United States and not a party area aw , Y.r1 8 miles east of.Forbestown east Butte Coun TM 5os-' r:.�y r :.ry to nor interested in the above entitled matter; P al. Rezone from U7 (Unclassified 20 -acre minimum parcel siie)'.to principal p y "' (Timber Mountain 5 -acre mmimu`m parcel _ - ; .''' that I am the rinci al clerk of the printer and court uou anlange either the Mingated.Negahve Declaration or the Rezone in publisher of Y, be limned to raising, only those issues you qr someone else p raised at the public hearmg descrlbed'in this not.ce'or in. ,(kr so eo es else "FOr�enqJdehveri to the Planning Divisr .. at..r prior to the public.hea6g: pf? i The Chico Enterprise -Record pro)ect plahnner,fat thetButte Coun 9Plannin D vision at'(530) contact 71 Durling, The Oroville Mercury -Register 4, BUTTE COUNTY PLANNING COMMISSION;53 7150'�rt f , , TIM SNELLINGS, DIRECTOR OF DEVELOPMENT.SERVICES That said newspaper is one of general circula Pub Isti �ecemtier 2s, 2005. F06-137 tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed • and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: DEC. 29, 05 Dated January 17, 2006. at Chico, California. (Signature) 0 Butte County Department of Development Services Administration - AR 7 County Center Drive ` Oroville, CA 95965 (530) 538-7601 Telephone Minor Use Permit File: MUP 06-01 APN: 031-281-120 Applicant: Serena Webb Date: January 20, 2006 955 Thermalito Avenue Oroville, CA 95965 INV 0 1 C E MUP 06-01 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 rn 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. Z LU The following DISBURSMENTS have been applied towards your Proiect(s): Deposit Disbursement Detail: N Deposit Date: August 15, 2005 Land. Development $ 87.00 25 Receipt: 435157 Environmental Health $ NTotal Payment: $2,332.50 CDF/Fire Department $ 180.00 NOD/NOE Filing Fee $ 36.00 Agricultural Department $ 32.50 is LU DEVELOP. SVCS- PLANNING FLAT FEE: $ 1,997.00 TOTAL DISBURSMENT TO DATE: $ .2,332.50 The following CHARGES have been applied towards processing of your application: N as of: January 20, 2006 V5 O Publishing Fees Due: $ 91.77 d W Chico ER on 12/29/05 t— Z TOTAL PUBLISHING FEES DUE: $ 91.77 Q Lu 0 Q _ x U 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 W 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. t— Z Make checks payable to: Butte County Treasurer and send it to us at the above address. � have an you Should y y questions, please call Accounts Receivable between 8:00 a.m. to 4 p.m., Monday through Friday. ) Q AMOUNT DUE AND PAYABLE BY: $ 91.77 February 4, 2006' Biller. Slv K:\FISCAL ADMIMBILLINGS &,REFUNDS\2006 invoices\Webb MUP 06-01 publishing invoice 120 06 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COUNTY OF BUUE DEPARTMENT OF DEVEWPMWT PLANNING DIVISIONW. 7 County Center Drive COUNTY Oroville, CA 95965.3397 - ,/ JAN 3 0 2006 .' „ A . _ , DEVELOPMENT . _ _ . .__ :.: �Il�f���l�f�f�f���fi,�:f�it�tlf,E�if���fl►�f��tff�:�f��zl��if�,f • 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. 1. Article Addressed to: 8 Serena Diarie Webb . 955 Therniahio Avenue Oroville, CA 95965 A. Signature _ ❑ Agent „ ��� /� Received by (Printed Name)' C. Dat of Delpery 11141 4,r-4 o���� l ft -'9/o f. D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 14. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) i;.-7002 2410. .-0,006 :2 $ 3 6; 6 8 7 2� •o2-M-tsao PS Form 3811, August 2001 Domestic Return Receipt `+�~'"': 102595 'FaE coir w Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone . (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING January 27, 2006 Serena Diane Webb 955 Thermalito Avenue Oroville, CA 95965 CERTIFIED MAIL Re: Minor Use Permit, MUP 06-01, APN 031-281-120 Dear Serena Diane Webb: Enclosed is your validated Minor Use Permit to provide a large family day care facility for up to 14 children., # MUP 06-01. Should you have any questions regarding this matter, please contact this office between df 8:00 a.m. and 4:00 p.m., Monday through Friday. I - Sincerely, U.S. Postal Service,. ru CERTIFIED MAILT. RECEIPT i r%_ ,co (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corriv Sherry L. Viernes C OFFICIAL USE Office Specialist Senior rU . ' Postage $ ' s- 0 Certlfled Fee - Return RBdep1 Fee PostmReturn , (Endorsement Required) Here Enc. 0 Restricted Delivery Fee r-9 (Endorsement Required) a cc: Land Development Division (g) ru Total Postage_& Fees..4k Building Division (y) nU. +«-..r,>� Environmental Health (p) C3 e"''"� Serena=Diane Webb ' Department of Forestry (gld) `` _''� 955 Ttiermal><to Avenue ; `,'� f Larry Painter (prpl) Oroville, CA 95965 """""""".. MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 06-01 PERMIT NO. 031-281-120 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Serena Diane Webb 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 14 children, inclusive of children under 10 years old living in the residence. - 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 1. 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 shall use existing kitchen facilities 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. 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. 7. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said permit is on file in the Planning Division, 7 County - Center Drive, Oroville, California. The site plan is identified as "Attachment B" and date- stamped September 6, 2005, and is incorporated herein by this reference. 8. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 9. All outstanding application processing fees shall- be paid prior to issuance of the Minor Use Permit.. 10. The dwelling's garage shall not be used for day care activities of any kind. 11. Provide disabled accessibility, upon request, per the California Building Code. 2 0 Public Works 0 12. Prior to the issuance of the Minor Use Permit, 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 Minor Use Permit, deed to Butte County, in fee simple, 40 feet of right-of-way from the centerline of Thermalito Avenue along the entire property frontage. Fire Department/CDF 14. 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 15. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to 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 c s tion, nor does it waive any other requirements. But 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 MEMORANDUM ;LFILE 1lOPY PLANNING DEPARTMENT TO: Butte County Assessor's Office , FROM:, Butte County Planning Department SUBJECT: Serena Diane Webb, MUP 06-01 DATE: January 27, 2006 Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as 031-281-120, was: Rezoned from to zoning district. Granted a'variance to X Issued a conditional Minor Use Permit to provide a large family day care facility for up to 14 children. south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville., zoned A -R, (Agricultural -Residential) 2 t • 0. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 31, 2003 Serena Diane Webb 955 Thermalito Avenue Oroville, CA 95965 Re: Minor Use Permit, MUP 06-01, AVN: 031-281-120 Dear Ms. Webb: At the regular meeting of the Butte County Planning. Commission held January 12, 2006, your request for a Minor Use Permit, provide a large family day care facility for up to 14 children., on property zoned A -R, (Agricultural -Residential) and located south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville., was approved subject to the conditions listed on the Agenda Report deleting Condition 7. 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, January 23, 2006 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. 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, Richardson Commission Clerk Bletters\merge letters\applmup.dot • Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile "ADMINISTRATION.* BUILDING * PLANNING December 29, 2005 Serena Diane Webb 955 Thermalito Avenue Oroville, CA 95965 Re: MUP 06-01, AP: 031-281-120 Dear Ms. Webb: Enclosed is a copy of the Agenda Report concerning your application for a provide a large family day care facility for. up to 14 children. on property zoned A -R (Agricultural -Residential) and located south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville.. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for January 12, 2006, 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, 4Lynn Richardson Commission Clerk Enc. . cc: Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot A BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January -12, 2006 Applicant: Serena Diane Webb Owner: Same File #: MUP 06-01 On the south side of Thermalito Avenue; 250 feet Location: east of 10th Street, at 955 Thermalito Avenue. Parcel Size: Request: Minor Use Permit to allow a Supervisor large family day care facility District: for up to 12 children G.P.: Low Density Residential Planner: Zoning: A -R (Agricultural Attachments: Residential) 0.33 acres 4 Carl Durling, Associate Planner A: Vicinity Map Zone Date: February 28, 1984 B: General Plan/Zoning Map APN: 031-281-120 C: Site Plan EXECUTIVE SUMMARY: The project would expand an existing family day care facility from 6 children up to 12 children in a private single family home at the south side of Thermalito Avenue, 250 feet east of I Oh Street, at 955 Thermalito Avenue. in the Thermalitoarea of Oroville. The applicant proposes to continue using two bedrooms for the day care (nap) rooms, and a large outdoor fenced play area. Staff recommends approval of this Minor Use Permit with fmdirigs 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 out of the existing 2,100 square foot dwelling. The existing dwelling has 12' x 15' and 10'x15' napping rooms within the dwelling. The living room is used as an indoor play area during inclement weather. The existing facility includes a large outdoor play area. There is an above ground swimming pool ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 1 of 13 ■ with a deck in the rear area of the parcel. This area is fenced with an 8 foot chain link fence, and is locked. There is also a locked gate on the steps leading up to the swimming pool deck. • All food preparation/cooking for the large day care facility occurs in the dwelling unit. • The large day care facility will. continue to operate Monday through Friday, from 6:00 a.m. to 5:30 p.m. • Children would be dropped off in front of the house on Thermalito Avenue in a setback area. • Sewage disposal is handled via public sewer. Domestic water is obtained by public water. • The project site is currently developed with a single family with a detached garage used for storage. The site is level with no drainages. • The project site is located in an area that is zoned A -R (Agricultural -Residential), and has a General Plan Land Use designation of LDR (Low -Density Residential). • Surrounding uses consists of single family dwellings on small to medium sized lots. • Thermalito Avenue is a paved public. road. Tenth Street is a paved collector street. Both streets are at an "A" level of service. • The project site is not located within a 100 -year flood zone, or an earthquake zone. The project site is located in Compatibility Zone "D" of the Oroville Airport. Family care centers are permitted in this zone per Note 11, page 2-15 of the Compatibility Plan. • The applicant currently lives in the single.family dwelling. 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. At such time as the code is revised to the new state standards, the limits on the allowed number of children under this permit may be administratively adjusted to fourteen (14) children for existing large child care centers. • The A -R 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 a Primary Use of the Low Density Residential land use designation is single family homes at suburban densities. Secondary Uses include group quarters and care homes. • Butte County Code Section 24-265(e)(2) requires that a large family day care facility be located at least 500 feet driving distance from any other large family day care center.' There are no family day care centers within 500 feet. Pursuant to Butte County Code Section 24- 41(f)(4), a. Minor Use Permit shall expire and the permit shall thereafter be of no further ■ Butte County Department of Development Services r ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 2 of 13 ■ force or effect if the use for which the Minor Use Permit was issued terminates or ceases operation for a continuous period of time in excess of 180 calendar days. • No orchards are located within 300 feet of the proposed large day care facility. The proposed day care facility is not expected to create any impacts to adjacent uses. • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • There is adequate on-site area for off-street parking for the residents of the dwelling. Thermalito Avenue property frontage has sufficient graveled area for drop-off and pick-up of children. • 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 detached garage is used for storage, and is locked. • 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 adopt the attached Resolution with Exhibit A. ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 3 of 13 ■ ■ Butte County Department of Development Services ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 4 of 13 ■ i Butte County Department of Development Services ■ ■ January. 12, 2006 ■.Agenda Report = Webb ,.MUP-06-01 m, Page 5 of 13's J1 , k x ;l M k /fj,O:031- agl-1� ( 155 -nw MffLVTO of k, N rc(A : GKrc SE'=`J.Kc HY KEYEDLOCX x iT EC.}C. � /MIA _ � I K:\Planning\PROJECTS\MUP\WEBB.MUP 06-01\Agenda Report Webb MUP 06-01.doc ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb WP 06-01 ■ Page 6 of 13 ■ 0 RESOLUTION PC - • A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 06-01 WHEREAS, the Planning Commission has considered Minor Use Permit 06-01,. for Serena Diane Webb, in accordance with Section 24-265 of the Butte County Code on Assessor's Parcel Number 031-281-120; and WHEREAS, the Planning Commission has determined the Minor Use Permit as Statutorily Exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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. II. Approve Minor Use Permit MUP 06-01 for Serena Diane Webb for a large family day care facility for up to 12 (Administratively approved for up to 14) children, on APN 031-281-120, based on the following findings and the conditions found in Exhibit "A": A. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services, and utilities: ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 7 of 13 ■ 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 A -R zone permits large family day care facilities. The large family daycare 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: 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 on -street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that the size of the parcel provides sufficient space for the children, and the play area is located adjacent to the rear yards of adjoining parcels. ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 8 of 13 ■ C. The proposed use will comply with each of the applicable provisions of the Chapter 24, Section 265, of the Butte County Code that addresses Day Care Facilities. D. There are no other Family Day Care centers located within 500 feet driving distance from another large family day care facility as required by Butte County Code Section 24-265(e)(2). III. Approves Minor Use Permit 06-01 and the special conditions as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 12th day of January, 2006, by the following vote: AYES: Commissioners NOES: ABSENT: ABSTAIN: FERNANDO MARIN,-Chairman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary - Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 9 of 13 ■ • EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION • .DATE: (Certified Mail Rec.) MUP 06-01 PERMIT NO. 031-281-120 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Serena Diane Webb 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 ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 10 of 13 ■ 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 (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 1. 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 shall use existing kitchen, facilities 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. 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. ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 11 of 13 ■ 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 permit is on file in the Planning Division, 7 County Center Drive, Oroville, California. The site plan is identified as "Attachment B" and date-. stamped September 6, 2005, 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. 11. The dwelling's garage shall not be used for day care activities of any kind. 12. Provide disabled accessibility, upon request, per the California Building Code. Public Works 13. Prior to the issuance of the Minor Use Permit, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 14. Prior to the issuance of Minor Use Permit, deed to Butte County, in fee simple, 40 feet of right-of-way from the centerline of Thermalito Avenue along the entire property frontage. 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 18. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to 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 ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 12 of 13 ■ 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 ■ ■ January 12, 2006 m.Agenda Report - Webb MUP 06-01 ■ Page 13 of 13 ■ _ VICINITY MAP aka,we Project Location 16 MUP 06-01 031-281-120 WEBB ar , 9� BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing is published for Thursday, January 12, 2006, 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 Name: Serena Diane Webb Project: Minor Use Permit MUP 06-01 Planner: Carl Durling APN: 031-281-120 Zoning: A -R Location: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. Proposal: provide a large family day care facility for up to 12 children. 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: Carl Durling, (530) (530) 533-7150, (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury, Thursday, December 29, 2005. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —January 12, 2006 /*On the south side of Applicant: Serena Diane Webb J Location: Thermalito Avenue, 250 feet Owner: Same east of 10th Street, at 955 Thermalito Avenue. File #: MUP 06-01 Parcel Size: 0.33 acres Minor Use Permit to allow a Request: large family day care facility Supervisor 4 for up to 12 children District: G.P.: Low Density Residential Planner: -� Carl Durling, Associate Planner Zoning: A -R (Agricultural Residential) . Zone Date: February 28, 1984 APN: 031-281-120 EXECUTIVE SUMMARY: Attachments: A: Vicinity Map B: General Plan/Zoning Map C: Site Plan The project would expand an existing family day care facility from 6 children up to 12 children in a private single family home at the south side of Thermalito Avenue, 250 feet east of 10th Street, at 955 Thermalito Avenue in the Thermalito area of Oroville. The applicant proposes to continue using two bedrooms for the day care (nap. rooms) and a large outdoor fenced play area. Staff recommends approval of this Minor Use Pet with fmdings and conditions. t/evItJ s 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 out of the existing 2,100 square foot dwelling. The existing dwelling has 12' x 15' and 10'x15' napping rooms within the dwelling. The living room is used as an indoor play area during inclement weather. The existing facility includes a large outdoor play area. There is an above ground swimming pool ■ Butte County Department of Development Services ■ ■ January 12, 2006 ■ Agenda Report - Webb MUP 06-01 ■ Page 1 of 12 ■ with a deck in the rear area of the parcel. This area is fenced with an 8 foot chain link fence, and is locked. There is also a locked gate on the steps leading up to the swimming pool deck. • All food preparation/cooking for the large day care facility occurs in the dwelling unit. • The large day care facility will continue to operate Monday through Friday, from 6:00 a.m. to 5:30 p.m. • Children would be dropped off in front of the house on Thermalito Avenue in a setback area. •. Sewage disposal is handled via public sewer. Domestic water is obtained by public water. • The project site is currently developed with a single family with a detached garage used for storage. The site is level with no drainages. • The project site is located in an area that is zoned A -R (Agricultural -Residential), and has a General Plan Land Use designation of LDR (Low -Density Residential). • Surrounding uses consists of single family dwellings on small to medium sized lots. • Thermalito Avenue is a paved public road. Tenth Street is a paved collector street.. Both streets are at an "A" level of service. • The project site is not located within a 100 -year flood zone, or an earthquake zone. The project site is located in Compatibility Zone "D" of the Oroville Airport. Family care centers are permitted in this zone per Note 11, page 2-15 of the Compatibility Plan. • The applicant currently lives in the single family dwelling. 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. At such time as the code is revised to the new state standards, the limits on the allowed number of children under this permit may be administratively adjusted to fourteen (14) children for existing large child care centers. The A -R 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 a Primary Use of the Low Density Residential land use designation is single family homes at suburban densities. Secondary Uses include group quarters and care homes. Butte County Code Section 247265(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. There are no family day care centers within 500 feet. Pursuant to Butte County Code Section 24- 41(f)(4), a Minor Use Permit shall expire and the permit shall thereafter be of no further ■ Butte County Departmen vepment Sery s ■ ■ April 14, 2005 ■ Agenda Re - Cnutson MLJP 05-03 ■ ge 2 of 12 ■ RESOLUTION PC - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 06-01 WHEREAS, the Planning Commission, has considered Minor Use Permit 06-01, for Serena Diane Webb, in accordance with Section 24-265 of the Butte County Code on Assessor's Parcel Number 031-281-120; and WHEREAS, the Planning Commission has determined the Minor Use Permit as Statutorily Exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on January 12, 2006; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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. II. Approve Minor Use PermitN(Zr -01 for Serena Diane WebY) for a large family day care facility for up to ) children, on APN 031-281-120, based on the following findings and the conditions found in Exhibit "A": A.' The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulb coverage, and density because the large family day care facility will not create a need for any new structures or an alteration to any existing structures. 2. The availability of public facilities, services, and utilities: ■ Butte County Department eve op nt Services ■ ■ April 14, 2005 ■ Agenda Repo - utson MLJP 5-03 ■ Page 7 of 12 ■ 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 A -R 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 r A 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. fThe suitability of the site for the type and intensity of use or Ile- develo which is proposed: t 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 on -street loading area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed large family day care facility application to County agencies and has received no evidence that the use will cause any other relevant impact. B. The proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity in that the size of the parcel provides sufficient space for the children, and the play area is located adjacent to the rear yards of adjoining parcels. ■ Butte County Department of Development Services ■ ■ April 14, 2005 ■ Agenda Report - Knutson MUP 05-03 ■ Page 8 of 12 ■ BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Serena Diane Webb DATE: 8/15/2005 AGENT: APN: 031-281-120 FILE #: MUP 06-01 PLANNER: Carl Durling PROJECT DESCRIPTION: To provide a large family day care facility for up to 14 children. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to the issuance of building permits, obtain an encroachment permit and improve all new and. existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ® 2. Prior to the issuance of building permits, deed to Butte County in fee simple 40 feet of right-of-way from the centerline of Thermalito Ave. along the entire property frontage. The «to etie .T. ❑ 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 County Improvement Standards. Improve parcel frontage to a street section on to an RS-_ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ 1. 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 detail existing drainage conditions and shall specify how drainage waters shall be detained or retained 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 flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ I. Prior to the issuance of the 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 Department ofDevelopment Services Paul McIntosh, Interim Director www.buttecounty.net/dds September 28, 2005 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile To: Inter -Departmental Review Committee Subject: Completeness of Application, Webb, MUP 06-01 Planner: Carl Durling APN: 031-281-120 Location: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. 30 -Day Complete 1.0/6/2005 Date of IDR 10/5/2005 Please respond by 10/03/05, regarding completeness of application Do you find this application complete? ❑ No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by 10/20/05). Standard Conditions are attached for your convenience. Signature: E. Schroth Date: 9/27/05 (Please send your response to cdurling@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo. County Counsel, the Assessor's Office, the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/5/2005. KIPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Butte County Department ofDevelopment Services Paul McIntosh, Interim Director www.buttecounty.netldds September 23, 2005 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile To: Inter -Departmental Review Committee Subject: Completeness of Application, Webb, MUP 06-01 Planner: Carl Durling APN: 031-281-120 Location: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. 30 -Day Complete 1.0/6/2005 Date of IDR 10/5/2005 Please respond by 10/03/05, regarding completeness of application Do you find this application complete? ❑ No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures No apparent adverse agricultural issues, no other co-ndi.ti.o.ns or In.i.ti.gatillg .n.ieasitres. Signature: ROW e: HS, N, Ag. Date: September 22 2005 (Please send your response to cdurling@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo. County Counsel, the Assessor's Office, the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/5/2005. KIPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Tuesday, August l6,2005 1Counter I Person 'Lana Payment Date 8/15/2005 [Receipt Number 435157 Development Services PLANNING DIVISION Ver. 1.0 DDS Planning Received From 'Serena Webb (General Fund) i s/a Applicant Public Works Application Number or In Reference To imuP 6671 Parcel Number 1;031-281-120 Check Number/ Cash [�08- Total Received 2,332.50 Total Fees $2,332.50 DDS Planning $0.00 $1,997.00 1 (General Fund) -,-= Public Works $0.00 �8700 I(Land Development) Environmental $0.00 $180.00 CDF (Fire Department) UZI FN—OD I NOE $36.00 I(Recording Fee) Aunt Minnie $0.00 $1, 500 or $2,000 J Planning Re $0.00 Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) $0.00 1Cell Tower ($2500.00) Public Sales7Eopies $0.00 Other: $32.50 C F BUTTE OFFICIAL RECEIPT 435157. / 5 2( OFFICE OR D'VAR I MENTJISSUING RECEIPT ---------------- Received from 7` The Sum of 10--tf � sed For !i( 0&-�1 Received: Received By CASH ❑ Title i CHECK BY DAYCO BUSINESS FORMS • (530) 743-8511— Form 84702— -- -- -- — — -- -- — - — — — — — — _ — — — — — — -- — — — COUNTY OF BUTTE AUDITOR'S CERTIFICATE: AND TREASURER'S RECEIPT OROVILLE:, CA ATR NO RECEIVED FROM PLANNING BAG # 330 DATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE DEPOSIT DATE: 0116 RECEIPTS: 435157 'PLANNING'APPL FE:Es GENL 0010 440001 4210900 101001 Project Number Amount of Fee -APN: 031-281-120-SERENA bWBB-MUP 01109 = LAND DEVELOPMENT GENT~ 0010 440004 4611700' 101001 Project Number _ Amount of Fee APN: 031-281- 1 20-SERENA VW-EBB-MUP 08-1!9 $87 FIRE PLNG APDL FEE: FIRE PROTECT 0`109 4617240 '101001 Project Number Amount of Fee 031-281-12O-SEPENA Y EBB-MUP OMi X1$0 _APN: NODINOE'CLE:RKIS-FILINGFEGENL 0010 470001• 4612319 101001 - j Project, Number .Amount of Fee AHT ii31-2r1-i1►3-Z)Ct t1MA "er_dti-MUt",U0-UY_ - .�1 8 - AGRICULTURE AG FEE 0010 46=1 4612200 101001 Project Plumber Amount of Fee r e r v.j: uloid "N1d 'lr' SEE !—RI i 141E Em"o-Irl Q d r�rrv: uai-toy-ilu-��R�,�„ vti�na-rlii�r Gu-fli "1 �3;.50 87365 811612005 AMOUNT 1,997.00 87.00 180.00 36.00 32.x1'`1 TOTAL. $ 2,332050 APPROVED BY: RECEIVED BY: f /" TREASURER AUDITOR -CONTROLLER IAA f white=tre asurer pink --auditor canar�p=denositor Bolden rod=fiiie COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA. ATR NO 07365 RECEIVED FROM PLANNING BAG # 330 DATE 8116/2006 FUND FUND DEPT ACCT CASH. DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOQSiT DATE: 8116 RECEIPTS: 435157 PLANNING APPL FEES GE:NL 0010 440 01 4210900 101001 ri,397.t� Project Number Amount or Fee, APN: 031 -231 -920 -SERENE. WEBB-Mup 015.01 $1.997 LAND DEVELOPMENT GENT. 0010 44OW4 4611700 i0i00i 87.00 Project Number _ • Amount of Fee APN: 031-281-120-SERENA VYEBB-AAUP OU -09 $87 FIRE PLNG APPL FEE FIRE PROTECT 0100_ 4617240 101001 180.00 Project Number Amount of Fee _AP_N: 039-231-120-SERENA VEIB&MUP 00-.01 $180 �NODINOE CL'E IRK'.S- FILING .FE G L 0010 47009. 4612319 101001 36.00 . y 0M) Proiect dumber _ __Amount of Fee APid�u3,i-2ni-i2G-S NINA V-Vt b-nnUP.uo-ui AGRICULTURE: AG FEE 0010 AW01 4612200 901001 32.150 Project Number Amount of Fee .nni. 2„. ,rr.i. VVNEF 34 .n a . $32:50 r�ra. u�i-toy-'ilu-oc��rar� vti�ao-roiLr Cv-Oi TOTAL. $ 21*332°50 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER fwhite=treasurer pink=auditor canary --depositor, golden rod --fie f _ Page 1 of 1 Durling, Carl From: Walters, Charlotte Sent: Wednesday, September 14, 2005 10:11 AM To: Durling, Carl Cc: Walters, Charlotte Subject: MUP 06-01, APN 31-281-120, Serena Webb Complete, no conditions Charlotte 9/14/2005 Butte County Department ofDevelopment Services Paul McIntosh, Interim Director www.buttecounty.netldds , September 12, 2005 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538.7785 Facsimile To: Inter -Departmental Review Committee Subject: Completeness of Application, Webb, MUP 06-01 Planner: Carl Durling APN: 031-281-120 Location: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville. 30 -Day Complete 1.0/6/2005 Date of IDR 10/5/2005 Please respond by 10/03/05, 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 10/20/05). Standard Conditions are attached for your convenience. Signature: Date: (Please send your response to cdurling@buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo. County Counsel, the Assessor's Office, the Public Works Director, The Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 10/5/2005. UPlanning/Projects/A New File/lDR Memos/IDR Completeness 8/30/05 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Serena Diane Webb DATE: 8/15/2005 AGENT: APN: 031-281-120 FILE #: MUP 06-01 PLANNER: Carl Durling PROJECT DESCRIPTION: To provide a large family day care facility for up to 14 children. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. SEWAGE DISPOSAL AREAS ❑ 1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 3. Meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). B. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. C. INDIVIDUAL WATER SUPPLY ❑ I. Prior to the issuance of the Minor Use Permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. D. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Serena Diane Webb DATE: 8/15/2005 AGENT: APN: 031-281-120 FILE #: MUP 06-01 PLANNER: Carl Durling PROJECT DESCRIPTION: provide a large family day care facility for up to 14 children. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: E. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee; Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. F. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area, and fire resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Serena Diane Webb DATE: 8/15/2005 AGENT: APN: 031-281-120 FILE #: MUP 06-01 PLANNER: Carl Durling PROJECT DESCRIPTION: provide a large family day care facility for up to 14 children. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. FIRE PROTECTION ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors, or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Serena Diane Webb DATE: 8/15/2005 AGENT: FILE #: MUP 06-01 APN: 031-281-120 PLANNER: Carl Durling PROJECT DESCRIPTION: provide a large family day care facility for up to 1.4 children. 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 ❑ 1. Prior to the recordation of 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. ❑ 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. 0 407 Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Date September 12, 2005 TO: Enter Agency or Department FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Serena Diane Webb Minor Use Permit MUP 06-01 APN: 031-281-120 DATE OF Inter -Departmental Review: 10/5/2005 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 10/03/05 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 10/20/05 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 10/5/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: provide a large family day care facility for up to 14 children.. PROJECT LOCATION: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville.. COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: A-R((Agricultural-Residential)) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 533-7638 or send him an email 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. IDR COMMITTEE — APPLICATION COMPLETE: No (Please send response to Carl Durling by 10/03/05) . Yes (Conditions/mitigation measures due by 10/20/05) Documentl "DRAFT" LEAD IN SHEET FILE NO: 'I l Lf (o -01 AP# 031 APPLICANT: OWNER: 5/k REPRESENTATIVE: PROPQ;ED REQUEST: (to be filled out by person taking in application) FINAL REQ ST: (to be filled out by project planner) UA SIZE: . 33 a C4 -e- fik�u,2rr�Li� D Ptd SUPERVISORIAL DISTRICT # GENERAL PLAN DESIGNATION: S T'dey n yr I -t, ry A C%wel L= EXISTING ZONING: L PLANNER'S INITIALS Date Application Received 0 Date Proiect Assigned gL1(,PL9 55, IDR Date Date 16�-5��S-55 30 Day Complete /e Tentative Tentative Hearing KAPlanning\Forms\Lead In Sheet.doc &A-aF • COMMENT DISTRIBUTION LIST County Offices and Cities: _ Chief Administrative Officer X Develop. Services Director X Environmental Health X Assessor Sheriff _ BCAG _ Air Quality Mgmt. —.Biggs _ Gridley _ Oroville _ Paradise Information Systems Dept. —Animal Control Irrigation District: _ Butte Water —Biggs/W. Gridley Water _ South Feather Water & Power Agency _ Paradise Irrigation _ Table Mountain Irrigation _ Thermalito Irrigation District Domestic Water _ Butte Water District _California Water Service Co. _ OWID _ Thermalito Irrigation District Sewer _ Butte Water District _ Themalito Irrigation _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park _ Richvale Recreation &Parks Utilities PG&E _ Chambers Cable TV Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ CA Reg. Water Quality Control Board _ Caltrans, Aeronautics Program _ Department of Conservation Office of Mining Reclamation „ Dept.Social Services, Comm.Care Licensing _ Federal Agencies _ US Forest Service US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Service Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Drainage_ Butte Env.l Council Reclamation _ _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _ Butte Creek Watershed Conservancy _Mosquito Abatement District. • 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 SBC _ Dept. of Fish and Game Highway Patrol Office of Governmental & Env. Relations _ US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wpd r_ �II e MMOINI P :1111 MEN=0111IIII1 0111111011I1111111111 11111111111111mm I Less between Facility than 500 feet existing Day Care and proposed one. e MMOINI P :1111 MEN=0111IIII1 0111111011I1111111111 11111111111111mm I 111111-1mm :nm11 II % 11111■ 1111111 �-1�-1111111�I Sim 111111111 Ml ■ :!1111 son=011111111 111111101111111111111 milli �����■�IIIIIIIII MOM ■ 11�1�111 0 1 WE Immol HE IDR Meeting Project Date Issues: /JjONcS Department Issues Decision CDF Building Ag Commissioner Public Works Env Health Assessor County Counsel A Butte County Department of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Date September 12, 2005 ,19 2- -2- TO: TO: California Department of Forestry (CDF) FROM: Carl Durling, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Serena Diane Webb Minor Use Permit MUP 06-01 APN: 031-281-120 DATE OF Inter -Departmental Review: 10/5/2005 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: 10/03/05 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 10/20/05 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 10/5/2005, and/or to recommend conditions and/or mitigation measures_ relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: provide a large family day care facility for up to 14 children.. PROJECT LOCATION: south side of Thermalito Avenue approximately 250 feet east of 10th Street at 955 Thermalito Avenue, Thermalito area, Oroville.. COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: A-R((Agricultural-Residential)) GENERAL PLAN: LDR(Low Density Residential) If a response cannot be submitted prior to the due dates listed above, please call Carl Durling at (530) 533-7638 or send him an email 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. IDR COMMITTEE-;APPLICATION.COMPLETE , ❑ No (Please send response to Carl Durling by 10/03/05) Yes nditions/mitigation measures due by 10/20/05) Documentl 11 NeveOMNI 03 MMININ NIN1111 011111111 ■11111■ 11111111111 111�11�1 1111■O 11■1 111�� �F 16- G" tiG" r IN KEYED LOCK' i ---- ON x ,��.....,....._. , t I � I F i Z i. k ' ..�.......-,.,..«.�..,.«...�........,...„...:»....�«.�.. _ -�.r.....�.. ....-.. .r. _.__ ---..........u.....w��....�............n.uo.....+.�...w.r......w......�,..7....�.✓.....,....�,e.......e......�:, . :.,...r�,......���....._ j��kjij..�] KEYED LOCK' i ---- ON x ,��.....,....._. , t I � I F i Z i. ..�.......-,.,..«.�..,.«...�........,...„...:»....�«.�.. _ -�.r.....�.. ....-.. .r. _.__ ---..........u.....w��....�............n.uo.....+.�...w.r......w......�,..7....�.✓.....,....�,e.......e......�:, . :.,...r�,......���....._ j��kjij..�] pUTTE COUNTY SEP Q 6 20,05 DEVL"OP"VIENT cr- NOKTH 'Af-flq: a31- 281-120 X55 -METMI-tTo ONS . l3e�tip, LJoe, jZSrlA5t4Ci 4 PA4 C-PVj:-7- UN W KEYED W 0 cn m > m M z 0Z 2.0 0 0 A < m -0M Ln x cr- NOKTH 'Af-flq: a31- 281-120 X55 -METMI-tTo ONS . l3e�tip, LJoe, jZSrlA5t4Ci 4 PA4 C-PVj:-7- UN W KEYED W 0 cn m > m M z 0Z 2.0 0 0 A < m -0M IS t- fk L.% I-wb NOKTH ,�fr4: R55 :AZI ou Clioa, *Ml 7pm4 C'u-S 'V) %K- 15EROTAX L�Oe, Res 106r4U PAj CAVJ:-:- x G" m Jl-