HomeMy WebLinkAboutMUP 09-003Butte County Department of Development Services �uT rF
TIM SNELLINGS, DIRECTOR I PETE *RCO, ASSISTANT DIRECTOR ° °
° °
7 County Center Drive �\
•Oroville, CA 95965 ° °
(530) 538-7601 Telephone o ' o
"(530) 538-7785 Facsimile
h1ZOJECTII�LO.R.AiO�T $ .
y .•,
ProJeet` #�
nom-
rnu
�w�sr�z#r m�w�¢ke�5tn�a�tFNkP t y a g �. uyc��s.
us�.+.�dn.m
,•�-.=�}
�p
APELXANT'S NAME: (If a
licant is different from r an affidavit is required.)
ASSESSOR'S PARCEL NUMBER:
Ohln
P.l l �-
q.
ADDRESS: STREET, CITY, STATE, & ODER
TELEPHONE:
n
E-MAIL.:
FARC:
O R'S
TELEPHONE:
AD17�S ^ �, STREy- �lET; CITY TATE I% lD �CJ
NAME OF PROPOSP PROJECT (if any SITE SIZE (in s uare feet or acres)
rt cap
LO AT ON F P JECT (major c oss stree d address, if any)
f Lk -A-V t �-v�v 112, CPj Q %�
ZONE) GENERAE TUAN7 ING LAND USE PR SED LAND USF,
�LLlPfLSt d evi.-i-� G-� 1CUO-1 C4
EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT"
c�-oZDC� IQL ouao ❑ Yes % Nci
(Check One) (Check One)
❑ PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER:
PROPERTY IS OR PROPOSED TO BE ON SEPTIC ; PROPERTY IS OR PROPOSED TO BE ON WELL WATER
LJ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP
❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP
` ❑ USE PERMIT.111VTT
COUNiy ❑WAIVER OF PARCEL MAP
OR USE PERMIT ❑ CERTIFICATE OF CORRECTION
C.
❑ COMMUNICATIONSTACILTTY-UPMUP JUL '. 2009 ❑REZONE
❑ VARIANCE DEVELOPMENT ❑ GENERAL PLAN AMENDMENT
SERVICES
❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN
❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT
❑-CERTIFICATE-OF MERGER ❑-OTHER
FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the
of parcels.) i I_ „ . _ A, (I- — n . a A A 0
I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY.
FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND
ACCURATE. (If an agent is to be authorized, execute an a�ffida ' f authorization and include the affid it with this appfi tion.)
DATE:. (��� ��� SIGNA
M
A
. .sem_ ' �,. .. _.+a ... a. r • .. ..r. �'. ... .w. .r- � � w... r er _ .. — �.. .. � �- .+.aL��.. �• �. .... -i .�.�.
0
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive BUTTE
Oroville, CA 95965 COUNT.'
(530) 538-7601 Telephone
(530) 538-7785 Facsimile JUL 9 G 2009
DEVELOPMENT
SERVICES
APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT
Applicant Name:A CLI(1 Project Number: fAkA
Check One
❑ USE PERMIT
R MINOR USE PERMIT
APPLICATION PACKET CHECKLIST
The applicant should discuss the application requirements with Department of Development Services, Public
Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your
application is not an indication of approval. Application packets with missing components cannot be accepted.
Include this checklist along with your submittal.
Appl' ant Planner
1 ❑rc lete a Pre Application Review with the Environmental Health Division and provice
evidence of meeting their requirements for sewage disposal and water supply in one of tr e
folng ways: .
0� A pre -application completion letter from Environmental Health
A Willing and Able to Serve Letter from the appropriate utility district
�(� ❑ A completed cooperative agreement for annexation into a utility district
2. ❑ A , com letedsigned Project Information Form.
P � J
3. ❑ A complete Project Setting Description (instructions attached).
Pg �
❑ If the application is signed by an agent for the owner, an agent authorization form must be
submitted along with the application. The application cannot be accepted unless signed by
the owner or authorized agent.
5.. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review .by .the
Northeast Information Center (NEIC) accompanied by its required topographic map and'a
check in the amount of $75.00 made out to "NEIC".
App lic t Planner
6. ❑ Payment of the currently required Application Fees and/or Deposits. Make checks payable
to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at:
http://www.buttecognly.net/dds/Plannina/ Additional fees for publication notices wall .�
required prior to issuance of the use permit. Application fees are non-refundabl .
pplicant's Initials
7. ❑ ❑ A crf atipon document for the project parcel and evide of current property ownership.
8:
❑ ITE PLAN; Ttirty (30) copies of a'sit_e&ap_d_rfiWto standard engineering scale
�
(e.g., V = 20'): Additional copies of the map shall be made available to county
partments upon request. All maps shall be drawn on uniform size sheets no less
Aan l l x17 and nogreater. than 24 X 36", folded to 8 /? x 11 V. In addition, a
digital copy of the map and aerial photographs are encouraged. The detailed man -
must include:
a.
❑
Name and business address of the applicant, engineer or person who prepared the
ma .
b.
❑
Assessor Parcel Number(s); street address (if available); tract name and date (if
applicable); and/or Township, Range and Section numbers.
C.
❑
Proposed use and/or uses of the property.
d.
❑
A vicinity map.indicating the location of the land in relation to the nearest major.
roads and/or significant topographic features in the surrounding area or region.
e
❑
Property lines, lot dimensions and any applicable easements of record or proposed.
£..
_ .
Dimensioned. locations of existing. and proposed -public and private improvements
on the propertycincludin , but not limited to, buildings, driveways, roads, parking.
areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage -
systems and lighting
g.Location
of all water; features including, but not limited to, natural and human -made
drainage courses, irrigation canals, ponds, creeks, sloughs; topographic. features
including, but not limited to, buttes, slopes > 30%, rock,out-croppings; and existing
vegetation, such as oak trees greater than 5" in diameter and agricultural crops.
h.
Q
Distances between any significant natural and constructed features of the property,
-such -as Vreets, -access, roads; -streams,, rock,butcroppings,'major,tree -stands; _storm
drains,,bodies of water, railroads, and their relationship to the property dines.
Location, height, and materials of walls and fences (sections may be required).
Internal circulation pattern,, if a licable.
k•
❑
Existing fire hydrants within 1000 feet.
1.
❑ ❑
Approximate location of all buildings, wells, septic tanks and leach fields within.
100 feet, on adjacentp roperties.
All driveways, drawn to scale, on properties within 100 feet of the site.
n.
❑
Existing curbs, gutters, sidewalks and road surface widths on -.site or on properties
within 100 feet of the site.
o.
...... . ..
... . . :.:. ❑ ,
An e '
y . x>< ting faults: or.fractures. and..geologic.hazards ... _ ..
2
9. ❑ Building Elevations
10. ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet.
11. ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include. -
a. ❑ Natural areas to be preserved.
b. ❑ Proposed cut and fill areas in contrasting colors or patterns.
c. ❑ Existing and proposed contours at an appropriate vertical scale within the project and
on adjacent properties within 100 feet of the project boundaries.
d. '❑ Proposed drainage and flood control facilities.
e.. ❑ Erosion control measures and best management practices. (e.g., - slope landscaping).
f. ❑ Natural drainage.
g. ❑ Location of retaining walls, drainage channels and existing structures.
h. Q , ❑ Location, elevation and size of proposed building pads.
Additional information may be required in order to clarify, correct or supplement the above siibmittad
information or to complete any required environmental review documents, as deemed necessary by the
Department of Development Services, Public Works, Environmental Health Division, Butte County Fire
Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of
Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC)
section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538-
7601 if you have any questions about these requirements.
3
i
Signature:
Applicant/Representative
Signature:
Planner Receiving Application
K:\Planning\FORMS\APPLICATIONS\UsePemtit_MinorUP.doe Revised 0726/06
t
Date:
Date:
i
4
h.
EXHIBIT A
MINOR USE PERMIT.
BUTTE COUNTY PLANNING COMMISSION
wast
DATE: (Certified Mail Rec.)
MUP08-0001
PERMIT NO.
025-200-119
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Verizon Wireless is hereby granted a Minor Use Permit in accordance
with application filed consisting of:
A. Mounting of three (3) antenna sectors with four (4) antennas.per sector (two of the antennas
per sector will be installed at a future date) and two (2), 8 -foot diameter microwave dishes
installed at a future date.
1: The panel antennas will be centered at the 152 -foot level.
2. The microwave dishes will be centered at the 120 -foot level.
B. One (1) 11'-6"x30' equipment shelter on a concrete pad within the 80' x100' (8,000 square -
feet) leased area. The equipment shelter is comprised of two areas:
1. An 11'-6" x 8' area for the stand-by generator room; and
2. An 11'-6" x 22' area for equipment.
C. Emergency stand-by generator (DEERF3.0 DTA Engine) and batteries:
1. 60 kilowatts; diesel fuel (210 gallon capacity); double walled tank with' leak detection
alarm that is monitored remotely; standard fuel load is 75% of capacity (generator can
operate for up to 53 hours on a full tank).
2. The generator will be run for approximately one (1) hour per week, between the hours of
7 a.m. and 7 p.m., for routine maintenance.
3. Noise levels for the generator ranges from 61.8 dB (20' from generator) to 53.1 dB (55'
from generator).
4. During the initial portion of an extended power outage, batteries will provide the power
for first couple hours depending upon the demand placed upon the equipment.
D. Installing wiring connecting the tower facilities and ground facilities in a narrow trench.
1. Failure to comply with the conditions specified herein as the basis for approval of this
Minor Use 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
1
granted use. The use granted by this Minor Use Permit must be established within 12
months of the delivery of the countersigned permit to the Permittee.
Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid, and environmental determination as conditionally. approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
4. If any use for which a Minor Use Permit has been granted is not established within one
year of the date of receipt of the countersigned permit by the Permittee, the permit shall
become null and void and reapplication and a new permif shall be required to establish .
the use.
The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
Conditions of Approval:
Planning Division
The project site shall be developed in accordance with the approved project site plan and
the conditions contained herein. Said site plan is on file in the Planning Division, is
identified as "Attachment E", and is incorporated herein by this reference.
2. The new antennas, microwave dishes and mounting hardware shall be painted to match
the existing neutral color of the proposed communications tower.
3. Prior to issuance of building permits, the applicant shall install slats, approved by the
Director of Development Services, into the existing chain link fence. The applicant shall
also paint the ground structure to match the existing ground structure.
4. The installation of the Facility shall comply with all applicable building and electrical
codes. The Facility operator shall submit certification from a registered structural
engineer to the Building Division that all associated towers in excess of thirty (30) feet in
height will withstand sustained winds as required by the Uniform Building Code.
5. No advertising or display shall be permitted on the Facility.
6. The placement of any antenna or structure shall not adversely affect any on-site sewage
disposal system or its repair area without written approval from the Division of
Environmental Health.
7. The installation of the Facility shall not violate any existing deed restrictions. .
8. The Facility shall have a twelve (12) foot wide all-weather access to a publicly
maintained road capable of supporting a forty thousand (40,000) pound fire apparatus
with fifteen (15) feet of vertical clearance.
9. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
2
10. The Facility shall fall within current standards and regulations of the Federal Aviation
Administration (FAA), the FCC, and any other State and/or Federal agency with the
authority to regulate such Facility. If such standards and regulations are changed, the
property owner or responsible party shall bring the Facility into compliance with such
revised standards and regulations within ninety (90) days of the effective date of such
standards and regulations, unless a more stringent compliance schedule is mandated by
the controlling agency.
11. The Facility or combination of the Facilities on the site shall not generate, at any time,
electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of
the FCC adopted standards for human exposure, as amended over time.
12. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of
persons working or residing near such facility, then the service provider(s) and property
owner shall be jointly and solely responsible for the removal, adjustment, or replacement
of the Facility. In no case shall the Facility remain in operation if it is found to create a
hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to
health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as
it meets all current standards established by the FCC, pursuant to FCC Office of
Engineering and Technology Bulletin 65.
13. Prior to issuance of the Minor Use Permit, the applicant shall post a performance security
in an amount and form determined by the Director of Development Services that is
sufficient to cover the cost of a one-time test by a radio frequency consultant selected by
the County, sufficient to determine whether the Facility's RF/EMF emissions comply
with FCC standards. If the Facility's emissions are determined to exceed FCC standards,
the applicant is required to pay for such other tests and other corrective measures as are
necessary to establish compliance with FCC OET 65 and its successors and such
noncompliance shall constitute sufficient grounds to commence a permit revocation
hearing which may lead to permit revocation. The applicant shall cooperate in all respects
with the County's consultant to assist the consultant to reach his/her conclusion.
14. All Facilities that are not in continual use for a period of six (6) months shall be
considered abandoned. Abandoned Facilities are hereby designated as unlawful and as
public nuisances, requiring no amortization period.
15. The Facility may not encroach into, under, over, above, or upon any public street in the
unincorporated area of the County in the absence of a valid encroachment permit from
the County.
16. The owner/operator of the Facility shall annually submit a written verification, attested to
under penalty of perjury, signed by both the owner/operator and an FCC licensee in the
employ of or retained by the owner/operator, that the radio frequency
radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety
standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to
reporting requirements set by the FCC and the County. The reports shall be submitted. to
the Planning Division no later than January 31 of each year.
17. The Facility shall be secured at all times to prevent access by the public.
18. The collocation of the antennas allowed by this Minor Use Permit requires the issuance
of a building permit from the Butte County Building Division. The Building Division,
based upon engineered calculations submitted by the applicant, may determine that the
tower cannot physically support the requested number of antennas. If that is the case, the
number of new antennas allowed on the tower may be less than the number of antennas
permitted by this Minor Use Permit,
Environmental Health Division
19. , Prior to issuance of a building permit, provide a completed Hazardous Materials Release
Response Plan to Butte County Environmental Health as required by Chapter 6.95 of.the
California Health & Safety Code.
Pacific Gas and Electric
20. Any relocation or rearrangement of any existing PG&E facilities in the , area to
accommodate this project will be at the expense of the developer.
21. There shall be no building of structures, or the storage of materials allowed over or under
any existing PG&E facilities, or inside any easements that exist which would infringe on
PG&E easement rights.
County Counsel
22. 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.
4
rd
I hereby declare under penalty of perjury that I have read the foregoing conditions, which they
are in fact the conditions which were imposed upon the granting of this Minor Use Permit, and
that I agree to abide fully by said conditions.
Date:
Applicant
NOTE: Issuance of this Minor Use Permit does not waive requirement bf obtaining Building
and Health Division permits before starting construction, nor does it waive any other
requirements.
Butte County Planning Commission Chair
cc: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessors Office
11
f
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, MUP09-0003
Assessor's Parcel No.: 079-120-005
0
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Applicant: John & Michelle Ryan, 220 Fairhill Drive, Oroville, CA 95966
Project Location -Specific: 220 Fairhill Drive, Oroville
Project Location -City: Oroville Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: a Minor Use Permit for to expand an
existing small family day care home to a large family day care facility
Name of Person or Agency Approving Proje& Butte County Planning Commission
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency [Sec. 15071(a)]
Emergency Project [Sec. 15071 (b) and (c)]
_ Categorical Exemption. State type and section number: 15305(a)
_X_ Statutorily Exempt — 15274(a)
Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family
day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of
the Health and Safety Code;
Contact Person: Mark Michelena Telephone: (530) 538-7376
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:
L r
OCT - 8 2009 Charles Thistlethwaite, Development Services
Planning Manager
S, UTT CLERK POSTEDTHROUGH
DEPUTY
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
John & Michelle Ryan
220 Fairhill Drive
Oroville, CA 95966
FILING NO.
Project Title/File Number: Minor Use Permit, NIUP09-0003
APN: 079-120-005
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X ) A. Statutorily or Categorically Exempt
$50.00 Clerk's Documentary Handling Fee
( ) B. De Minimis Impact - Certificate of Fee Exemption
$50.00 Clerk's Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
( ) A. Negative Declaration
$1,993 State Filing Fee
$50.00 Clerk's Documentary Handling Fee
( ) B. Environmental Impact Report
$850 State Filing Fee
$50.00 Clerk's Documentary Handling Fee
3. ( ) OTHER (Specify)
$50.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s) # P1480
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: October 6, 2009
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.
FOTTE COUNTY RECEIPib Printed: 10/6/2009
*.RECEIPT NUMBER PREFIXES* 8:07 am
B/P = Development Services - Building/Planning Division (530)538-7601
EH = Environmental Health (530)538-7281
PW = Public Works Department (530)538-7681
Receipt Number: P1480 Date Paid: 7/16/2009
Paid By: RYAN, JOHN & MICHELLE Received By: MEM
Project Number: MUP09-0003 Pay Method: CHECK 110
Site Apn: 079-120-005
Description: Large Family Daycare
Site Address: 220 FAIRHILL DR OROVILLE, CA 95965
Applicant: RYAN, JOHN & MICHELLE
Fee Description
Account Number
Fee Amount
DP GPMF General Plan Maint Fee
0010-0-4610311-10113311
$102.69
DP Minor Use Permit 09
0010-0-204401-101001
$2,282.00
DP Publishing/Legal Notices
0010-0-204401-101001
$163.00
DP Tech Maint Fee 09
0010-440001-4610312-101001
$22.82
DPAG Minor Use Permit
0010-460001-4612200-101001
$96.25
DPCR Recorders Fee 09
0010-470001-4613701-101001
$50.00
DPEHLUP Minor Use Permit
0021-540011-4614901-101001
$316.00
DPFPP Minor Use Permit
0100-450001-4617240-101001
$114.00
DPLDRF Minor Use Permit 09
0010-440004-4611700-101001
$163.00
Total Fees Paid: $39309.76
•
•
COUNTY OF BUTTE
AUDITOR. S CERTIFICATE AND TREASURER'S RECEIPT
OROVILLE, CA
ATR: NO 47742
RECEIVED FROM PLANNING
BAG 0 328 DEPOSIT DATE VM2009
Taw 74472.15
APPROVED BY: RECEIVED BY:
AUDITOR -CONTROLLER TREASURER
white --treasurer pink=auditoe canaryadepcaitcr gsldien rod= ile �\
FUND
FUND
DEPT
ACCT
CASH
DESCRIPTION
I.NV# TITLE:
CODE
CODE
CODE:
CODE
AMOUNT
DEPOSIT CIN 7117
RECEIPTS: P1479 -,P948p
RECEIVED ON: 7116
ti
DF_FERkED"REV PLNG.
GENL
co19
20 401
101001
6,542.00
GENL PLEA MAINT FETE
GENL
0010
1
4610311
10113311
107.69
PLANNING APDL FEES
GENL
,010
440001
.42109W.,
101001
333.34
ti TECH MAINT FEE:
GENT~
0910
4603DI
4610312
101001
22.82
LAND DEVELOPMENT
GENL
0010
44MU
4611700
10`1001
407.00
.rte..
AGrrdI6 LTURAL. FEES
I a
GENL
00W
460601
46122.00
101001
192.50
REG FEES
ENL
.�w•+.��
_ 0010
r+•.Y..r...-._ —.
4700�1q
4f1370I
-101EDC�1"
_.. —ate
��I(,(10 I
ApN-dl g iav-vos
_vnuPo9=Qoo3
_jZY,sF%v
oo-
So w
ENVIRONMENTAL HLTH
PH FUND
W2'I
UWi1
4614931
101WI
543.80
FIRE: PLNG AP.PL FEE
FIRE: PROTECT
0100
450001
.4617240
101001
228.00
ay
.
Taw 74472.15
APPROVED BY: RECEIVED BY:
AUDITOR -CONTROLLER TREASURER
white --treasurer pink=auditoe canaryadepcaitcr gsldien rod= ile �\
10/6/2009 Butte County
8:10:37AM Acct Activity for PROJECTS NO PW OR EH by Payment Method
For the Period 7/16/2009 thru 7/16/2009
ProjectNumber
Applicant Site Address Parcel Number
MUP09-0003 220 FAIRHILL DR 079-120-005
RYAN, JOHN & MICHELLE
Page
Account Number Amount Pd Date Receipt # Check # Payment. Method
0010-440004-4611700-101001
$163.00
7/16/2009
P1480
110
CHECK
0010-0-204401-101001
$2,282.00
7/16/2009
P1480
110
CHECK
0010-0-4610311-10113311
$102.69
7/16/2009
P1480
110
CHECK
0010-440001-4610312-101001
$22.82
7/16/2009
P1480
110
CHECK •
0010-470001-4613701-101001
$50.00
7/16/2009
P1480
110
CHECK
0021-540011461490 1 -10 100 1
$316.00
7/16/2009
P1480
110
CHECK
0010-460001-4612200-101001
$96.25
7/16/2009
P1480
110
CHECK
0 100450001-4617240-10 1001
$114.00
7/16/2009
P1480
110
CHECK
0010-0-204401-101001
$163.00
$4,162.39
7/16/2009
P1480
110
CHECK
Total Payments
for MUP09-0003
$3,309.76
UP09-0005 42 SHE YO LN 027-100-028
WEBBERSMITH DENNIS &,
Account Number Amount Pd Date Receipt # Check # Payment Method
0010-440001-4210900-101001
$170.34
7/16/2009
P1479
338017
CHECK
0010-460001-4612200-101001
$96.25
7/16/2009
P1479
338017
CHECK
0010-440004-4611700-101001
$244.00
7/16/2009
P1479
338017
CHECK
0010-0-204401-101001
$3,097.00
7/16/2009
P1479
338017
CHECK
0 100450001-4617240- 1 0 1 001
$114.00
7/16/2009
P1479
338017
CHECK
0010-470001-4613701-101001
$50.00
7/16/2009
P1479
338017
CHECK
0010-440001-4210900-101001
$163.00
7/16/2009
P1479
338017
CHECK
0021-540011-4614901-101001
$227.80
7/16/2009
P1479
338017
CHECK
Total Payments
for UP09-0005
$4,162.39
Payments for All Projects $7,472.15
0DS_ACCT40 Orw
AffOCIATHf
h
DECLARATION OF FEES DUE
(California Fish and Game Code Section 711.4O(
NAME AND ADDRESS OF APPLICANT I I
John & Michelle Ryan
220'Fairhill Drive
Oroville, CA 95966
FILING NO.
Project Title/File Number: Minor Use Permit, MUP09-0003
APN: 079-120-005
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
OCT ��
s �oos D
I CANDACE J1 ftBq I f CO. DCLERK
EPUTY
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X ) A. Statutorily or Categorically Exempt
$50.00 Clerk's Documentary Handling Fee
( ) B. De Minimis Impact - Certificate of Fee Exemption
$50.00 Clerk's'Documentary Handling Fee
2. NOTICE OF DETERMINATION - FEE REQUIRED
( ) A. Negative Declaration
$1,993 State Filing Fee
$50.00 Clerk's Documentary Handling Fee
( ) B. Environmental Impact Report
$850 State Filing Fee
$50.00 Clerk's Documentary Handling Fee
3. ( ) OTHER (Specify)
$50.00 Clerk's Documentary Handling Fee
PAYMENT / NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s) # P1480
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: October 6, 2009
TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED
WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE
BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE.
APPENDIX A
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
X County Clerk
County of Butte
25 County Center Drive
Oroville, CA 95965
Project Title: Minor Use Permit, MUP09-0003
Assessor's Parcel No.: 079-120-005
FROM: Butte County Planning Division
7 County Center Drive
Oroville, CA 95965
Applicant: John & Michelle Ryan, 220 Fairhill Drive, Oroville, CA 95966
Project Location -Specific: 220 Fairhill Drive, Oroville
Project Location -City: Oroville Project Location -County: Butte
Description of Nature, Purpose and Beneficiaries of Project: a Minor Use Permit for to expand an
existing small family day care home to a large family day care facility
Name of Person or Agency Approving Project: Butte County Planning Commission
Exempt Status: (Check One)
Ministerial (Sec. 15073)
Declared Emergency [Sec. 15071(a)]
Emergency Project [Sec. 15071 (b) and (c)]
_ Categorical Exemption. State type and section number: 15305(a)
_X_ Statutorily Exempt—15274(a)
Reasons why project is exempt: CEQA does not apply to establishment or operation of a large family
day care home, which provides in-home care for up to fourteen children, as defined in Section 1596.78 of
the Health and Safety Code;
Contact Person: Mark Michelena
Telephone: (530) 538-7376
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:
Charles Tliistlethwaite, Development Services
Planning Manager
BOTTE COUNTY RECEIPO
*RECEIPT NUMBER PREFIXES*
B/P = Development Services - Building/Planning.Division ('530)538-7601
EH = Environmental Health (530)538-7281
PW = Public Works Department (530)538-7681
Receipt Number: P1480 Date Paid: 7/16/2009
Paid By: RYAN, JOHN & MICHELLE Received By: MEM
Project Number: MUP09-0003 Pay Method: CHECK 110
Site Apn: 079-120-005
Description: Large Family Daycare
Printed: 10/6/2009
8:07 am
Site Address: 220 FAIRHILL DR OROVILLE, CA 95965
Applicant: RYAN, JOHN & MICHELLE
Fee Description Account Number Fee Amount
DP GPMF General Plan Maint Fee 0010-0-4610311-10113311 $102.69
DP Minor Use Permit 09 0010-0-204401-101001 $2,282.00
DP Publishing/LegalNotices 0010-0-204401-101001 $163.00
DP Tech Maint Fee 09 0010-440001-4610312-101001 $22.82
DPAG Minor Use Permit 0010-460001-4612200-101001 $96.25
DPCR Recorders Fee 09 0010-470001-4613701-101001 $50.00
DPEHLUP Minor Use Permit 0021-540011-4614901-101001 $316.00
DPFPP Minor Use Permit 0100-450001-4617240-101001 $114.00
DPLDRF Minor Use Permit 09 0010-440004-4611700-101001 $163.00
Total Fees Paid: $39309.76
COUNTY OF BUTTE
AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT
OROVILLE, CA
RECEIVED FROM* PLANNING
BAG 0 328
ATR: NO
DEPOSIT DATE
47742
711712009
TOTAL S 7,472.15
APPROVED BY: RECEIVED BY:
AUDITOR -CONTROLLER TREASURER
By.:
FUND
FUND
DEPT
ACCT
CASH
DESCRIPTION
iNv# TITLE
CODE
CODE
CODE
CODE
AMOUNT
DEPOSITON: 7I17
n4
RECEIPTS: P1479 gllll'
RECEIVED ON: 7116
DEFERRED REV P LNG
-GENL
0010
204401
1010.01
5,542.00
GENL PLN MAINT FEE
GENL
.0010
-"=I
4910311 10113311
102.69
PLANNING ADPL FEES
GENL
,pplo
#owi
42109W.
1014x01
331.3.34
TECH MAINT FEE
GENL
0010
A,6"1
4610312
101001
22.82
LAND DEVELOPMENT
GENL
04y10
440004
4611703
101.001
407.00
AGRIdULTURAL FEES
GENL
0010
At=l
4612200
101001
192.60
-.1100 .00'
APO
WtiaP 0 0063
R
ENVIRONMENTAL kLTH
PH FOND..0021
UWli
4914901
101CID1
543.80
FIRE PLN'G. APPL FEE
FIRE- PROTECT
0100
'450D01
4617240
101001
228.00
TOTAL S 7,472.15
APPROVED BY: RECEIVED BY:
AUDITOR -CONTROLLER TREASURER
By.:
10/6/2009 Butte County
8:10:37AM
Acct Activity for PROJECTS NO PW OR EH by Payment Method
For the Period 7/16/2009 thru 7/16/2009
ProjectNumber
Page 1
Applicant Site Address
Parcel Number
Account Number Amount
MUP09-0003 220 FAIRHILL DR
079-120-005
Receipt #
Check #
Payment Method
0010-440001-4210900-101001
$170.34
RYAN, JOHN & MICHELLE
P1479
338017
CHECK
0010-460001-4612200-101001
$96.25
7/16/2009
P1479
Account Number
Amount Pd
Date
Receipt #
Check #
Payment Method
338017
0010-440004-4611700-101001
$163.00
7/16/2009
P1480
110
CHECK
CHECK
0010-0-204401-101001
$2,282.00
7/16/2009
P1480
110
CHECK
0010-470001-4613701-101001
0010-0-4610311-10113311
$102.69
7/16/2009
P1480
110
CHECK
$163.00
0010-440001-4610312-101001
$22.82
7/16/2009
P1480
110
CHECK
7/16/2009
0010-470001-4613701-101001
$50.00
7/16/2009
P1480
110
CHECK
0021-540011-4614901-101001
$316.00
7/16/2009
P1480
110
CHECK
0010-460001-4612200-101001
$96.25
7/16/2009
P1480
110
CHECK
0100-450001-4617240-101001
$114.00
7/16/2009
P1480
110
CHECK
0010-0-204401-101001
$163.00
7/16/2009
P1480
110
CHECK
Total Payments for MUP09-0003
$3,309.76
UP09-0005 42 SHE YO LN 027-100-028
WEBBERSMITH DENNIS &,
Account Number Amount
Pd
Date
Receipt #
Check #
Payment Method
0010-440001-4210900-101001
$170.34
7/16/2009
P1479
338017
CHECK
0010-460001-4612200-101001
$96.25
7/16/2009
P1479
338017
CHECK
0010-440004-4611700-101001
$244.00
7/16/2009
P1479
338017
CHECK
0010-0-204401-101001
$3,097.00
7/16/2009
P1479
338017
CHECK
0100-450001-4617240-101001
$114.00
7/16/2009
P1479
338017
CHECK
0010-470001-4613701-101001
$50.00
7/16/2009
P1479
338017
CHECK
0010-440001-4210900-101001
$163.00
7/16/2009
P1479
338017
CHECK
0021-540011-4614901-101001
$227.80
7/16/2009
P1479
338017
CHECK
Total Payments for
UP09-0005
$4;162.39
Payments for All Projects $7,472.15
DDS_ACCT40 Cl?W
A-C-
•
5�
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
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
September 28, 2009
John & Michelle Ryan
220 Fairhill Drive
Oroville, CA 95966
Re: MINOR USE PERMIT: MUP09-0003; APN 079-120-005
Dear John & Michelle:
At the regular meeting of the Butte County Planning Commission held September 24, 2009 your
request for a minor use permit to expand the existing small family day care home to a large family
day car facility was approved. Should you desire to appeal any of the conditions (attached) imposed
by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, October 5,
2009 to the:
Clerk of the Board of Supervisors
25 County Center Drive
Oroville, California, 95965
The appeal fee of $450.00 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 or proof
of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in
satisfying this condition.
The conditions of approval must be met within twelve (12) months from the date of approval by
the Butte County Planning Commission or the approval will be considered null and void. A minor
use permit subject to lapse may be renewed for an additional period of up to one (1) year, provided
Page 1 of 2
C�
•
that sixty (60) calendar days prior to the expiration date, an application for renewal of the minor use
permit is filed with the planning manager on the prescribed form and accompanied by the necessary
data and fees.
Should you have any questions regarding this matter, please contact me at (530) 538-7376, or by
email at mmichelena@buttecountv.net between 8:00 a.m. and 4:30 p.m., Monday through Friday.
Sincerely,
WAL
Mark Michelena
Senior Planner
Enc.
cc. Environmental Health
Cal Fire/Butte County Fire
Page 2 of 2
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
MUP09-0003
PERMIT NO.
079-120-005
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: John & Michelle Ryan 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 (a minor
modification to this permit may be administratively approved to allow up to 14 children at such
time as the Butte County Code is amended to conform to the State statute).
Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code Sec. 24-41.
2. Unless otherwise provided for in a special condition to this Minor Use Permit, all
conditions must be completed prior to or concurrently with the establishment of the
granted use. The use granted by this permit must be established within 12 months of the
delivery of the countersigned permit to the Permittee.
3. If any use for which a Minor Use Permit has been granted is not established within one
year of the date of receipt of the countersigned permit by the Permittee, the permit shall
become null and void and reapplication and a new permit shall be required to establish
the use.
4. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment. The approving authority may grant or deny an application for renewal of a
minor use permit.
5. The Minor Use Permit shall expire and the permit shall thereafter be of no further force
or effect if the use, business, or service for which the minor use permit was issued
terminates or ceases operation for a continuous period of time in excess of one hundred
eighty (180) calendar days except for:
(1) Destruction or damage by acts of God; or
(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 located within a single-family residence and said residence shall be the
principal residence of the provider. The large family day care facility shall be clearly
incidental and secondary to the primary 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) One (1) off-street parking space/loading area.
4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed within the
required front yard building setback.
5. The large family day care facility shall be licensed by the California Department of
Social Services, Community Care Licensing.
6. The capacity of the large family day care facility may be increased to 14 children
administratively by the Director of Development Services upon request and at such time
as the Butte County Code has been amended to conform to the State statute.
7. The project site shall be developed in accordance with, and the authorized use shall be
operated consistent 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 E" and date-stamped July 16, 2009, 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 and 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.
Building Division
11. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building
permits required by code.
12. Provide disabled accessibility, upon request, per the California Building Code.
County Counsel
13. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building
and Health Department permits before starting construction, nor does it waive any other
requirements.
Fernando Marin, Chair
Butte County Planning Commission
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
RE: 079-120-005
Project setting description instructions:
1. This application for minor use permit is to upgrade my Small family daycare to a
Large family daycare. There are no changes being made to the property or the existing
structure, only the addition of children in the home.
2. An application has been filed with the State of California licensing agency,
Community Care Licensing at 520 Cohasset Road, Suite 170,Chico, CA 95926, phone
(530)895-5033. My facility number is 045403942, originally licensed on 3/25/2004. They
will require a fire clearance from the County of Butte fire department at 176 Nelson Ave.
Oroville CA 95965, phone 538-7111. An application form has been filed with Butte
County Environmental Health Division on 7/14/09.
3. The existing site on this property is a home approx 2300 sq ft with an attached garage.
The land is .53acres. No other structures are on the property and no changes are being
made to the existing structure or property. Attached is a Facility sketch floor plan and
yard of the existing home that was filed with my application to the Licensing agency.
Drawn as close to scale as I know how.
4. This is a one family residential property. No changes are being made to the structure or
land.
5. N/A
BUTTE
COUNT'
JUL 1- 0 2009
DEVELOPMEN'1
SERVICES
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing will be held
Thursday, September 24, 2009, at 9:00 a.m. in the Butte County. Board of Supervisors' Room,
County Administration Center, 25 County Center Drive, Oroville, California, regarding the following
item:
ITEM DETERMINED TO BE STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW
Name: John and Michelle Ryan Project: Minor Use Permit MUP09-0003
Planner: Mark Michelena APN: 079-120-005 Zoning: A -R
Location: On the east side of Fairhill Drive, at 220 Fairhill Drive, Oroville
Proposal: A Minor Use Permit to expand a small family day care home (up to 6 children) to a large
family day care -facility (up to 1.4 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: Mark Michelena, (530) 538-7376, (Monday through Friday, 8:00
a.m. to 4:00 p.m), or email at mmichelena@buttecounty.net. 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 maybe 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 Register, Friday, September 11, 2009.
Ain
Rosemel Ct •
Qaaie Cf
art
Cran AveCra Ave
r
o
unter n
FFFT Tl
OWNER
OWNER -ADD
CITYSTZIP
ADAMS PATRICIA M
255 FAIRHILL DR
OROVILLE CA 95966
ALSAYEGHE VICTOR ALEXANDER
364 SKYLINE BLVD
OROVILLE CA 95966
ATTEBERRY JAY & RUBY FAYE
125 FAIRHILL DR
OROVILLE CA 95966
AYERS HOWARD ALLEN & KATHY E (CB DVA)
73 FAIRHILL DR
OROVILLE CA 95966
BOYER CHARLES ETAL
2637 BROUGHAM DR
OROVILLE CA 95966
BURTON LAWRENCE P & ALICE S
10 FAIRHILL DR
OROVILLE CA 95966
CUSICK JENNIFER D
210 FAIRHILL DR
OROVILLE CA 95966
CUTLER FAMILY TRUST
235 FAIRHILL DR
OROVILLE CA 95966
FEATHERSTONE PAUL & LAURA
40 FAIRHILL DR
OROVILLE CA 95966
FOX ELECTRIC INC
3995 OLIVE HWY
OROVILLE CA 95966
FRENCH FAMILY TRUST
50 DEERWOOD DR
OROVILLE CA 95966
GILL MUKHVINDER SINGH & KULVINDER KAUR
44 GALAXY AVENUE
OROVILLE CA 95966
GIRGIS PETER ADIB
145 FAIRHILL DR
OROVILLE CA 95966
HAYWOOD KEVIN C ETAL OT
25 FAIRHILL DR
OROVILLE CA 95966
HOLBROOK STEVE & JONNI
180 FAIRHILL DR
OROVILLE CA 95965
HORN CHARLES E & CHARLOTTE E JT
215 FAIRHILL DR
OROVILLE CA 95966
HRIBAL WILLIAM & BERTHA
250 FAIRHILL DR
OROVILLE CA 95966
KEY DOUGLAS
86 FAIRHILL DRIVE
OROVILLE CA 95966
KOSCH MARIAN V REVOCABLE TRUST
55 MORREL CIR
OROVILLE CA 95966
LANDRY PEGGY ETAL
PO BOX 2172
OROVILLE CA 95965
LEVINSON BARBARA JEAN TRUST
170 FAIRHILL DR
OROVILLE CA 95966
MCCOURRY MEL & JO ANN FAMILY TRUST
5 FAIRHILL DR
OROVILLE CA 95966
MCCOURRY MELVIN D & JO ANN
5 FAIRHILL DR
OROVILLE CA 95966
MILLER FAMILY TRUST
225 FAIRHILL DR
OROVILLE CA 95966
MORTON JEANETTE
40 GOLDDIGGER LN
OROVILLE CA 95966
MOSIER GEORGE L & FAY E REVOCABLE TRUST
25 LOMA VISTA DR
OROVILLE CA 95966
OGLETREE JOHNNY L & ALEATHA
60 FAIRHILL DR
OROVILLE CA 95966
ORTEGA NICHOLAS L & ZOE I LIVING TRUST
20 DEERWOOD DRIVE
OROVILLE CA 95966
PACIFIC GAS & ELECTRIC CO
P O BOX 770000
SAN FRANCISCO CA 94177
PUKIS ANTHONY & MARY EDNA REV INT VIV TRUST
160 FAIRHILL DRIVE
OROVILLE CA 95966
REDFERN FAMILY TRUST
150 FAIRHILL DRIVE
OROVILLE CA 95966
RUIZ DAN M
40 MORREL CT
OROVILLE CA 95966
SCOGGINS FAMILY TRUST
209 FAIRHILL DRIVE
OROVILLE CA 95966
SPENCER HERBERT L
96 FAIRHILL DR
OROVILLE CA 95966
SPERLING FAMILY REVOCABLE TRUST
120 FAIRHILL DR
OROVILLE CA 95966
STALEY MARY L REVOCABLE TRUST
240 FAIRHILL DR
OROVILLE CA 95966
•
VAUGHN JOHN A & MARLA
VINCENT LYNNE CARMEN REVOCABLE TRUST
WEST LARRY & DOROTHY
WILLIAMS DONALD RAY & ANNETTE MARIE
YOUNG VICTORIA LIVING TRUST
ZOLLNER FAMILY TRUST
ZUPONCIC FREDERICK J & KAREN L
RYAN JOHN & MICHELLE
47 FAIRHILL DRIVE
275 FAIRHILL DR
30 LOMA VISTA DR
10 FAIRHILL DR
4359 BROOKDALE LANE
61 FAIRHILL DR
76 FAIRHILL DR
220 FAIRHILL DR
OROVILLE CA 95966
OROVILLE CA 95966
OROVILLE CA 95966
OROVILLE CA 95966
MOORPARK CA 93021
OROVILLE CA 95966
OROVILLE CA 95966
OROVILLE CA 95966
0
F
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT — September 24-2009
Applicant:
John and Michelle Ryan
220 Fairhill Drive
Owner:
Same
Location:
Oroville, CA 95966
File #:
MUP 09-0003
Parcel Size:
0.53 acres
Request:
Minor Use Permit to expand
a small family day care home
Supervisor
to a large family day care
District:
1
facility.
G.P.:
Low Density Residential
Planner:
Mark Michelena,
Senior Planner
Zoning:
A -R (Agricultural
Attachments:
Residential)
Resolution with Minor Use
A.
Permit
Zone Date:
January 17, 1967
B:
Vicinity Map
APN:
079-120-005
C:
General Plan/Zoning Map
D:
Public Comments
E:
Site Plan
EXECUTIVE SUMMARY
The project would expand an existing small family day care home to a large family day care
facility in a private single-family home at 220 Fairhill Drive in Oroville. The. -applicant is not
proposing any changes to the existing structure or to the property itself. Staff recommends
approval of this Minor Use Permit with findings and conditions.
PROJECT DESCRIPTION/SITE CHARACTERISTICS
• The project would allow the establishment of a large family day care facility. Butte County
Code Section 24-265((b)(2) defines a large family day care facility as having seven (7) to
twelve (12) children as defined in Chapter 3.4, Article I, (Section 1596.79) of the California
Health and Safety Code, Child Care Act. (note: this state law was revised several years ago
to allow up to fourteen (14) children in a large family day care facility, but the Butte County
Code does not reflect this change)
• The large family day care facility would be operated out of the existing 2,300 square foot
dwelling. The areas of the dwelling used for the daycare include a hedged -in front yard,
fenced backyard, patio, living room, bedroom, playroom, and kitchen.
■ Butte County Department of Development Services ■ 1
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page I of I I ■
0
• All food preparation/cooking for the facility -occurs in the dwelling unit. — -----
• The large family 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 Fairhill Drive in a driveway area.
• Fairhill Drive is a paved, county -maintained minor road. Fairhill Drive accesses off of
Foothill Boulevard. According to recent traffic counts, both Foothill Boulevard and Fairhill
Drive are at an "A" level of service.
• Sewage disposal is handled via septic system. Domestic water is provided by a public water
system.
• The project site is currently developed with a single-family dwelling. The site slopes
moderately from the northwest to southeast 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.
• The project site is not located within a 100 -year flood zone. The project site is not located
within an Airport Compatibility Zone.
• The applicant/owner 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 facilities. 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 County Code is
revised to the new state standards, the limits on the allowed number of children under this
permit may, upon request, be administratively adjusted to allow fourteen (14) children for
existing large family day care facilities.
• 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 other large family day care facilities within 500 feet.
• No orchards or agricultural uses 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.
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan N"09-0003 ■ Page 2 of 11 ■
n
U
• 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 and the
one required space for the day care facility. Fairhill Drive property frontage has sufficient
paved area for the 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 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:
OTHER DEPARMENT/AGENCY REVIEW
The Environmental Health Division, Public Works Department, Assessor and Cal-Fire/Butte
County Fire Department, were given the opportunity to comment on the project.
PUBLIC COMMENTS
Staff received one letter from a concerned neighbor. The issues raised included:
1. Drop off and pick up of children on main thoroughfare with no off-street parking.
County Response: Fairhill Drive is a minor county -maintained paved road, not a main
thoroughfare. There site meets the minimum off-street parking requirements of 2 for the
residential use, 1 for each employee and 1 loading space. Dropping off and picking up of
children is not required to be done off-street.
2. The neighborhood is mostly older retired people.
3. It will generate more noise.
4. Can the existing septic and leach lines handle more people?
County Response: Environmental Health has reviewed the project and determined the
system is sufficient to handle the increase waste water.
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 3 of 11 ■
5. This is not a business area. This use is a business. -
County Response: Butte County Code (24-265) and Community Care Licensing allow the
use of single-family dwellings for large family day care facilities. A day care center with
more than 14 children would be considered a business.
ACTIONS FOR CONSIDERATION:
Staff recommends that the Planning Commission adopt the attached Resolution with Exhibit A.
r
Y Rya n
MUPO&0003
f
It i
LDR
L R eGs'
AR
General Plan and Zoning
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 4 of I 1 ■
- RESOLUTION PC - -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
MINOR USE PERMIT 09-0003
WHEREAS, the Planning Commission has considered Minor Use Permit 09-0003, for
John & Michelle Ryan, in accordance with Section 24-265 of the Butte County Code on
Assessor's Parcel Number 079-120-005; 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 September 24, 2009; 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 is not required.
II. Approve Minor Use Permit MUP09-0003 for John & Michelle Ryan for a large
family day care facility on APN 079-120-005, 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.
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan NIUP09-0003 ■ Page 6 of 11 ■ G
�4 .
2. —T -he -availability of public facilities, services; -and --utilities: -
The large day care facility will not create a need for new public facilities,
services, and utilities because telephone and electrical services already
extend to the project parcel. The Butte County Fire Department requires
compliance with State Fire Marshall requirements for large day care
facilities.
3. The harmful effect, if any, upon desirable neighborhood character:
The proposed large day care facility will not change the traditional
architectural style that is of a character consistent with a rural residential
neighborhood. The 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.
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 7 of 11 ■
•
•
C. The proposed- use will-compl--y 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 large family day care facilities located within 500 feet
driving distance from project site as regulated by Butte County Code
Section 24-265(e)(2).,
III. Approves Minor Use Permit 09-0003 and the special conditions as set forth in the
attachment (Exhibit A) to the resolution.
DULY PASSED AND ADOPTED this 24`h day of September, 2009, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
FERNANDO MARIN, Chair
Planning Commission
County of Butte, State of California
ATTEST:
Tim Snellings, Secretary
Planning Commission
County of Butte, State of California
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 8 of 11 ■ Q
•
EXHIBIT A _
MINOR USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Ree.)
MUP09-0003
PERMIT NO.
079-120-005
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: John & Michelle Ryan 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 (a minor
modification to this permit may be administratively approved to allow up to 14 children at such
time as the Butte County Code is amended to conform to the State statute).
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code Sec. 24-41.
2. Unless otherwise provided for in a special condition to this Minor Use Permit, all
conditions must be completed prior to or concurrently with the establishment of the
granted use. The use granted by this permit must be established within 12 months of the
delivery of the countersigned permit to the Permittee.
If any use for which a Minor Use Permit has been granted is not established within one
year of the date of receipt of the countersigned permit by the Permittee, the permit shall
become null and void and reapplication and a new permit shall be required to establish
the use.
4. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a.substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification' is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
■ Butte County Department of Development Services ■
m September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 9 of 11 ■
amendment.. The approving authority may grant. or -deny an application- for renewal of a
minor use permit.
The Minor Use Permit shall expire and the permit shall thereafter be of no further force
or effect if the use, business, or service for which the minor use permit was issued
terminates or ceases operation for a continuous period of time in excess of one hundred
eighty (180) calendar days except for:
(1) Destruction or damage by acts of God; or
(2) Destruction or damage by malicious acts; or
(3) Remodeling or rehabilitation requiring prolonged closure with prior approval
of the planning manager.
6. The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
Conditions of Approval:
Planning Division
The facility is located within a single-family residence and said residence shall be the
principal residence of the provider. The large family day care facility shall be clearly
incidental and secondary to the primary 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) One (1) off-street parking space/loading area.
4. One sign, not to exceed 3 square feet, is allowed. This sign shall not be placed within the
required front yard building setback.
5. The large family day care facility shall be licensed by the California Department of
Social Services, Community Care Licensing.
6. The capacity of the large family day care facility may be increased to 14 children
administratively by the Director of Development Services upon request and at such time
as the Butte County Code has been amended to conform to the State statute.
■ Butte County Department of Development Services ■
■ September 24, 2009 ■ Agenda Report - Ryan MUP09-0003 ■ Page 10 of 11 ■ 10
I,.
-7. -----The project site=shall be developed in accordance with,..and the authorued-use shall be
operated consistent 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 and 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.
Building Division
11. Prior to issuance of the Minor Use Permit, applicant shall obtain any necessary building
permits required by code.
12. Provide disabled accessibility, upon request, per the California Building Code.
County Counsel
13. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building
and Health Department permits before starting construction, nor does it waive any other
requirements.
Fernando Marin, Chair
Butte County Planning Commission
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 ■
■ September 24, 2009 ■ Agenda Report - Ryan N"09-0003 ■ Page 11 of 11 ■
0,
ge?§
J,
r r
-VICINITY-111-
wy
Richter Rid a Rd f-
so
slkD,
R� ly Dusty Rp
dotte Ave
e
eY
GX13"
day
NIP
Project
00view
I -P' -,(,e :p
7 <:� 'Ya, IFOX Ln
ne, Ave ...
X
a
We ti
4i
G)
rt IR
y Av
L)
zp
a
U nes
0 Vill
U
� H2s5 I Pn Way
p R
G.,del, garrh "Id
0,
ge?§
Olive H
wy
Richter Rid a Rd f-
dotte Ave
e
GX13"
Project
7 <:� 'Ya, IFOX Ln
ne, Ave ...
X
We ti
4i
G)
V-7 Rd
pr a
Tucker Ave
Y. Ida
G.,del, garrh "Id
V-6 FZcr' 5
1
-0:
0
R11
nd Ln'
74
Ir
0;
k Knoll
Dr
rCircle
<
Dr
Ave
.5
9)
W
0 -lie b
Phaeton Dr
r
Monte Vista AV
t:
Prf
.., r .,—.
Breeze
I 011ow Ln ¢9
'...j
0
of
y
N Gri 01,19
Ina Ct bA;E I(itty Glen Ct
Z 1/
WindfS\ Z" hand
s
>
ata
way
)hIr Rd
o a Dr
CO
s U1
Wheeler Avealley
Ln
Self Ln
V,,0'A
I Rd
XT
t
Rd
C
M'ss/On
myl
Olive Rd
Ad
M
I' Ave Wna Rd
r
Dr
i2i
41)
MUP 09-0003
APN 079-120-005
JOHN AND MICHELLE RYAN
12
14
3L17$ C 3A-ltfAtTN+tfipY !A4tL tV:t;"ShGcY.CY CAli �4 R1L"� 1CWS04'itS,cEW'=
Cdt w" 1"y CAWS LtCGXS?*
FACILITY SKETCH (Floor Plan) - Family Chita Care HomeO
Appicants are required to provide a sketch of the Roar plan of the tome or facility and outside yard. The floor sketch must label rooms
such as the Idtc hen, bath, living room, eta. Please Idenitry areas which v4U be 'bif limits" to children. Door and window eodis from the
rooms must be shown In case of an emergency (see Emergency Disaster Plan). Show room sizes (e.g. 8.5 x 12). Keep close to scale.
Use the spam below, see back for yarn sketch.
� GY�2 l 1 e.. c..n _6 tx.i,_r �.��,.t�. ('Gt ✓2� �?,�.0 ..� [ I��t.a�. t � �_�..r�t � _
�1
Ron,
bit
i `
AL
Y
0 1h=r. G
h
Y
t p' it
V , ( i !
1-10
rp
i
+ I
yf
fit! : {
1 y
i
11 _ s. ,, -4 ft j � , � _ ' ter c ✓ s ....�..,:
_ k ..�:_. ►..,-�.._ ,.
"t) 0, t
ta: M'Ap:sr , '15
WPM +UMMA-NECT"ANDKAs NM a t --=v cal rAWWM rroa VCMRWs
cOWAAM cute MOM*
FACILITY SKETCH (Yard) - Family Child Care Home
The yard sketch should show otl buildings In the yard Including the home (with no detail), garage and storage building.
Include walks, driveways, play area, fences, gates. Please identify areas which will be `off limits" to children. Show any
potential hazardous areas such as pools, garbage storage, animal pens, etc. Show the overall yard size. Try to keep the
sizes dose to scale. Use the space below.
MIMI AMR=
2�a eD �-- --k
If L
-i--A.-15'7,'
i` - Ybt�
ij r,11,,•i• *! t i.
'oLq
,
ou
{,�t tTM 1_444
>1
A
f�
i
11*
Qpt tCM►�'�'F r
_ a,;t.t=
BUTTE COUNTY
PLANNING COMMISSION
September 24, 2009
MUP09-0002
Minor Use' Permit for
John and Michelle Ryan
Assessor Parcel Number: 079-120-005
i
17
Project Description/Setting
• A minor use permit to convert an existing small family day care
home to a large family day care facility.
• The large family day care facility would be operated out of the
existing 2,300 square foot dwelling. The areas used for the daycare
include living room, bedroom, playroom, kitchen, front yard, fenced
backyard, and patio.
• The large family day care facility will continue to operate Monday
through Friday, from 6:00 a.m. to 5:30 p.m.
• The project parcel fronts on Fairhill Drive, a paved county -
maintained minor road. Fairhill Drive accesses off of Foothill
Boulevard.
• Surrounding uses consists of single-family dwellings on small to
medium sized lots.
• The
project site
is located
southeast of Oroville.
• The
project site
is located
in the Oroville Urban Area.
0
0.
."s ite Plan
f
{
j
r
f
E.
0.
1
DI
Q.��.'�wg �"Y\
W.5b�_Ell
p�Y�ix°
.tfSl
PEE,^+
?Y�Sj'
�
� �
�zv`il�_ ��n� t';+ �f 3: ,�.✓ arid' f rr : zn. d 'F �. h± -`� '�` ,
�"��r c aa f ��,iY• i '+fi5" :R2� .� f�'aj#?. � }'ii ' ..# '>}� a^^ � �#' �y+:
4
. i chx
��✓.
+�y�-`y$� ��� `+cj +.��s� Y. ��??:��t��2�� �'� 9 ..� §�. �E5 d �+5�'�� kSS4i �ay'�py�=,�
S
®a
v�ay ,.. •W'
;..."mill!£3'
iFz`� 33vz �p.�'° .:,wgpec1E,..''
x
a
General Plan and Zoning
21
•
i
C
22
0
Analysis
General Plan & Zoning
Per Butte County Zoning Code Section
day care homes may have up to twelve
state law has limits of fourteen (14) for
facilities.
24-265(b) (2), large family
(12) children. The current
large family day care
• 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.
• 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 other
large family day care facilities within 500 feet.
• There is adequate on-site area for off-street parking for the
residents of the dwelling and the one required space for the day
care facility. Fairhill Drive property frontage has sufficient paved
area for the drop-off and pick-up of children.
• The applicant is required to be licensed by the California
Department of Social Services, Community Care Licensing.
23
L�
0
Public Comments
Staff received one letter from a concerned neighbor. The issues raised included:
• Drop off and pick up of children on main thoroughfare with no off-street
parking.
County Response: Fairhill Drive is a minor county -maintained paved road,
not a main thoroughfare. There site meets the minimum off-street parking
requirements of 2 for the residential use, 1 for each employee and 1 loading
space. Dropping off and picking up of children is not required to be done
off-street.
• The neighborhood is mostly older retired people.
• It will generate more noise.
• Can the existing septic and leach lines handle more people?
County Response: Environmental Health has reviewed the project and
determined the system is sufficient to handle the increase waste water.
• This is not a business area. This use is a business.
County Response: Butte County Code (24-265) and Community Care
Licensing allow the use of single-family dwellings for large family day care
facilities. A day care center with more than 14 children would be
considered a business.
�+Z!
0
0
Recommendation
• Find that this project is Statutorily Exempt from
the provisions of the California Environmental
Quality Act under Section 15274(a).
• Approve Minor Use Permit MUP09-0003 for
John & Michelle Ryan for a large family day
care, facility on APN 079-120-005
25
COUNTY OF BUTTE
OFFICE OF PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE
OROVILLE, CALIFORNIA 95965-3397
RETURN SERVICE REQUESTED
PUBLIC
HEARING
NOTICE
1�
J'-
SEP 2 4 2009
JMV2LOMUNT
SERVICES
CUSICK JENNIFER D
210 FAIRHILL DR
OROVILLE CA 95966
HMCONM1.93969@9909 .
GN
�
016H26513456
.
00.414_
Wv
N
R
09/04/2009
=
Mailed From 95965
IL
` .
US POSTAGE
NYXIC 9.57 DE 1 00 09/22,/09
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
BC: 95965*39799 x23722-034822-11-06
IIII IIII III III111111111hI.)I)III„IhI,i),I... I),.I
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing will be held
Thursday, September 24, 2009, at 9:00 a.m. in the Butte County. Board of Supervisors' Room,
County Administration Center, 25 County Center Drive; Oroville, California, regarding the following
item: _
ITEM DETERMINED TO BE STATUTORILY EXEMPT FROM ENVIRONMENTAL REVIEW
Name: John and Michelle Ryan Project: Minor Use Permit MUP09-0003
Planner: Mark Michelena APN: 079-120-005 Zoning: A -R
Location: On the east side of Fairhili Drive, at 220 Fairhill Drive, Oroville
Proposal: A Minor Use Permit to expand a small family day care home (up to 6 children) to a large
family day care facility (up to 14 children).
—The The above-inertio;zc3-appl cation.is o:i fileand availabl_e,for_public-viewing at the office ofthe Butte
County Development Services Department, Planning Division, 7 County Center Drive, Oroville,
California. For information call: Mark Michelena, (530) 538-7376, (Monday through Friday, 8:00
a.m. to 4:00 p.m), or email at mmichelena2buttecounty.net. 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 maybe 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 Register, Friday, September 11, 2009.
Lq
w
0
0
C.2
L. --a
IJ
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.buttecounti.,net/cIds
ADMINISTRATION * BUILDING * PLANNING
July 29, 2009
TO: Enter Agency or Department
FROM: Mark Michelena, Butte County Planning Division
SUBJECT: Request for Comments on a Development/Land Use Application
APPLICANT: John & Michelle Ryan, MUP09-0003
APN: 079-120-005 DATE OF IDR: None
COMPLETENESS OF APPLICATION DUE BY: August 14, 2009
AGENCY/DEPARTMENT CONDITIONS/DUE BY: August 14, 2009
The Planning Division has received a project application as described below. This application is being
provided to you for review. This is your opportunity to make comments regarding the completeness of
this application, and/or to recommend conditions relevant to your agency's/department's area of expertise
and jurisdiction.
PROJECT DESCRIPTION: The applicant is requesting to convert an existing small family
daycare into a large family daycare. 1 Z: PrP 7� ns
LOCATION: The parcel is located at 220 Fairhill Drive, Oroville.
COUNTY SUPERVISOR DISTRICT NO.: 1
ZONING: A -R (Agriculture -Residential)
GENERAL PLAN: LDR (Low Densityl Residential)
If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530)
538-7376 or send him an email at mmichelena@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.
Please return response to project planner.
IDR COMMITTEE — APPLICATION COMPLETE
❑ No Name: Date:
Rr Yes Name: sTv*zr Lroe,,zc, Date: a 7/-o /zoy�
GAPROJECTS\MUARYAN MUP09-0003\Administrative\REQUEST FOR COMMENTS.doc
0 • Page 1 of 1
Michelena, Mark
From: Lightell, Sue
Sent: Thursday, July 30, 2009 8:05 AM
To: Michelena, Mark
Subject: RE: A project review for MUP09-0003
This one is good to go at Assessor's office.
Sue Lightell
Assessor Mapping Dept.
From: Michelena, Mark
Sent: Wednesday, July 29, 2009 4:36 PM
To: Schroth, Eric; Mannel, Kevin; Damon, Matt; Lightell, Sue
Cc: Edell, Stuart; Fogel, Doug; Castanon, Yvette
Subject: A project review for MUP09-0003
This is a request for completeness/conditions of approval for MUP09-0003. Please see attached for
completeness. Thank you.
Mark Michelena
Senior Planner, Planning Division
Butte County Department of Development Services
7 County Center Drive, Oroville, CA 95965
(530) 538-7376
(530) 538-5366 Fax
mmichelena@buttecounty.net
"COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential,
and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail
(or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are
NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies
of this e-mail and any attachments thereto."
7/30/2009
U T T
ATTE COUNTY RECEIF
Printed: 7/16/20 D9
o
1:52 pm
0 0
7 County Center Drive
0 o
Oroville, CA 95965
0 0
0 o
Department of Development Services
CQtjN'��
Phone (530) 538-7541 Fax (530) 538-2140
Environmental Health
Phone (530) 538-7281 Fax (530) 538-2140
Receipt Number:. P1480
Date Paid: 7/16/2009
Paid By: RYAN, JOHN
& MICHELLE Received By: MEM
Project Number:. MUP09-0003
Pay Method:. CHECK 110
Site Apn: 079-120-005
Description:
Site Address: 220 FAIRHILL DR OROVILLE, CA 95965
Applicant: RYAN, JOHN
& MICHELLE
220 FAH HILL DR OROVILLE, CA 95966
Fee Description
Account Number Fee Amount
DP GPMF General Plan Maint Fee
0010-0-4610311-10113311
$102.69
DP Minor Use Permit 09
0010-0-204401-101001
$2,282.00
DP Publishing/Legal Notices
0010-0-204401-101001
$163.00
DP Tech Maint Fee 09
0010-440001-4610312-101001
$22.82
DPAG Minor Use Permit
0010-460001-4612200-101001
.$96.25
DPCR Recorders Fee 09
0010-410001-4613701-101001
$50:00
DPEHLUP Minor Use Permit
0021-540011-4614901-101001
$316.00
DPFPP Minor Use Permit
0100-450001-4617240-101001
$114.00
DPLDRF Minor Use Permit 09
0010-440004-4611700-101001
$163.00
Total Fees Paid:
$39309.76
W.TTE COUNTY 2008 2009 PROP E TAX BILL
. C.Iinda:Hamm-Treasurer-T-1x ctor.
25 County Center -Drive; Suite 125,.Oroville, CA 95965-3367 L536j:.538-7701`
SECUREDTAX ROLL FORFISCAL:YEAR' JULY`1-9 2008 THROUH JUNE 300 2009
PROPERTY INFORMATION IMPORTANT MESSAGES-
ASMT NUMBER: 079-420-005-000 TAX RATE:AREA: 091-00.1Original bill date 09/23/2008
FEE NUMBER 079-120=005-000 ACRES.: 0.53 Pay your taxes online at www.buttecounty.net/ttc
LOCATION. -220 FAIRHILL DR _
ASSESSED -OWNER: RYAN JOHN & MICHELLE
1A-01619
RYAN JOHN & MICHELLE
220 FAIRHILL DR
OROVILLE CA 95966-9504
STATE OF CALIFORNIA -HEALTH AND HUMAN SERVICES A#Y CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING
FACILITY SKETCH (Floor Plan) Family'Child.Care Home
ao s
Applicants are required to provide a. sketch of the floor plan of the home or facility and outside yard.. The floor sketch must label •rooms
such as the kitchen, bath, --living room, etc. Please identify areas which will be "off limits" to children. Door and window exits fron the
rooms must be shown in case of an emergency (see Emergency Disaster Plan). Show room sizes (e.g. 8.5 x. 12). Keep close to scale.
Use the space below. Se_ a back foryard sketch.
FACILITY NAME: ADDRESS:
M i C -h2 f Ie- koCLn �ClT1tJ, f -z ( (14 -i I .'w . fD A 1/,,110 o A aKt.) I„
LIC 999A (2/05) . .
• STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICESAGENCY • -CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICcNSINO--
FACILITY SKETCH' (Yard) Family. Child: Care 'Home
The.yard sketch should show all buildings.-in the.yard, including the home. (with no.detail); garage.and storage building.`
Include walks, driveways, play area;' fences, gates. Please identify areas which will be "off limits" to children. Show any.
potential hazardousareas. such as pools; garbage storage, animal pens, etc. Show the overall yard size. Try to keep the
sizes close to scale. Use the space below.
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AOCY . > �. CALIFORNIA DEPARTMENT F SOCIAL SER41C ES
.. - COMMUNITY CARE LICE4SING.
.FACILITY SKETCH (ffoor Plan):- Family Child Care.Home
Applicants are required to provide a:sketch of thefloorplan ofthe home or facility and outside yard. The floor sketch must label rooms
such as the kitchen,-bath, living room, etc. Please identify areas which will be "off limits" to children: Door and window exits from the
rooms must be shown in case of an emergency (see Emergency Disaster Plan): Show room sizes (e.g. '8.5 x 12). Keep close to scale.
Use the�soace�below. See back for_yard sketch_
FACILITY NAME: ADDRESS:
^-
(Y1 Gh e [ I
CL r)
'Lt ca ✓ r (4-t- I -----
LIC 999A (2105) - ..�
'3
i
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICESINCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING
FACILITY SKETCH'(Yard) Family`Child Care `Home
The yard sketch should show.all buildings inthe yard. including the home. no detail); garage and storage buBding.
Include walks, driveways, play -area, fences, gates. Please identify areas which will be 'off limits" to children.. Show any
potential hazardous areas such as pools, garbage storage; animal pens, etc. Show the overall yard.size. Try to keep the
sizes close to scale. Use the space below.
F ILITY NAME:
QU
• s 1
I -f
".J.—I
VO 11 • I I' I 1 I t 1 1-_
t r I r
-baa -
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY 07q ALIFORNIA DEPARTMENT OF SOCIAL SEWICES
COMMUNITY CARE LICE"4SING
FACILITY SKETCH (Floor Plan) Family..Child Care Home,
Applicants are required to provide a. sketch of the floor plan of the home or facility. and outside yard:_ The floor sketch must label rooms
such as the kitchen, bath; living room, etc. Please -identify areas which will be "off limits" to;childreri. Door and window exits from the .`
rooms -must be shown in case of an emergency: (see Emergency Disaster Plan). Show room sizes (e.g. 8.5 x 12). Keep close to scale.
Use the space below.. See back for yard sketch.
FACILITY NAME:- ADDRESS: -
LIC 999A (2105) ... ..'�
Z_;
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LIC`NSING
FACILITY SKETCH -(Yard) Fa Child- Care'Home
The yard sketch should -show all buildings in the yard.* including the home.(with no detail); garage and storage. building.
Include walks, driveways, play area, .fences; gates. Please identify areas which will be "off limits to children. Show any
potential hazardousareas such as pools, garbage storage, animal pens, etc. Show the overall yard size. Try to keep the
sizes close to scale. Use the space below.