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HomeMy WebLinkAboutMUP 16-0001ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR March 16, 2016 DATE OF APPROVAL MUP16-0001 PERMIT NO. 017-140-050 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below. The Rod Johnston is hereby granted a Minor Use Permit for the expansion. of a legal non -conforming structure into 4.7 feet of the 10 foot setback of the Foothill Residential Zone. 1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Zoning Administrator, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date. of approval, except where an extension of time is approved as provided in Butte County Code §24-247. 3. The terms and conditions of this Minor Use 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 Permitee, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251. 5. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator 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. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 7 of 10 w Conditions of Approval: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. 2. Prior to any construction, secure building permits from the Building Division of the. Department of Development Services. I hereby.declare-under.penalty of perjury. that. I. have read the foregoing conditions. that 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: :3 / Applicant ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 8 of 10 ■ T ] I BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT — March 16,.2016 Applicant: Rod Johnston Location: The project parcel, is. located -approximately-8 miles Owner: Rod and Marcia Johnston '- northeast of the Skyway .via Centerville Road at 4550 File #: NIUP16-0001 Jason Court, Chico. Request: Minor Use Permit for a proposed carport and expansion of a legal, non -conforming garage/residence with a 5.3 foot side setback where the FR -20 zone stipulates a 10 foot side setback. G.P.: FR (Foothill Residential) Zoning: FR -20 (Foothill Residential — 20 acre minimum) Zone Date: December 10, 2012 Supervisor District: 5 Project Tristan Weems, Planner: Assistant -Planner Parcel Size: 2.61 acres Attachments: A: Zoning Administrator Decision B: Minor Use Permit C: Exhibit Map APN: 017-140-050 D: Site Plan EXECUTIVE SUMMARY: The minor use permit would allow for the expansion of a legal non -conforming structure into the current interior side setback of 10 feet in the FR -20 zone district, by 4.7 feet —to a setback of 5.3 feet. The project is Categorically Exempt from environmental review under Section 15303(c). Staff recommends approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION: Addition of a carport to an existing 3 car garage. SITE CHARACTERISTICS AND SURROUNDING USES: • The project parcel is developed with an existing residence, garage,,and solar array. • The project parcel is 2.61 gross and 2.31 net acres. • The parcel is located at 4550 Jason Court, approximately 8 miles northeast of the Skyway via Centerville Road and Jason Court. • Surrounding properties are a mix of vacant parcels and rural residential uses with Butte Creek to the south. , ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 1 of 10 ■ • ANALYSIS • �r • The Zoning Ordinance allows for an expansion of a legal non -conforming structure with a Minor Use Permit (BCC §24-123). The applicant proposes to add a 32' x 26' carport to an existing two-story garage/shop building. • At the time of the garage/shop building's construction, the required side -yard setback was five feet. With adoption of the current Zoning Ordinance (Ord. 4062, 9-10-13), the required side - yard setback is now 10 -feet. The applicant proposes to match the existing garage/shop building's side -yard setback of 5.3 feet. MINOR USE PERMIT FINDINGS The proposed project meets the necessary findings of BCC §24-125 to expand a non- conforming structure and §BCC 24-222 to approve a minor use permit. A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current Foothill Residential (FR) zone allows for the enlargement of a legal non- conforming structure pursuant to Section 24-125 (Findings) with approval of a Minor Use Permit. Section 24-125 Findings: A. Available evidence indicates that the nonconforming use or structure was legally established. The existing residence and garage/shop building were legally established and permitted. B. The non -conforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. The non -conforming nature of the structure relates only to side setback distances. No evidence exists of a notable negative impact or nuisance to the surrounding area. C. The non -conforming use or structure is compatible with the general character of the surrounding area. The non -conforming structure is a garage/shop with a 5.3 foot side yard setback. The proposed addition would be a carport, which is permitted in residential zones. The carport will match the existing garage/shop's 5.3 foot side yard setback. D. The proposed action is compatible with the purpose and intent of the applicable zone. The purpose of the Foothill Residential zone is to allow for the appropriate development of large -lot single family homes... and related uses in the foothill areas of the county. Carports are considered an appropriate residential accessory uses. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 2 of 10 ■ E B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property - The location of the proposed addition will match the existing interior side setback of the garage, its size, design and operating characteristics are compatible with the existing and future land uses in the vicinity of the subject property and align with the intent and purpose of the Foothill Residential zoning designation. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed addition's encroachment into the required 10 foot interior side setback will not be detrimental to the public health, safety, and welfare of the County. The legal preexisting garage and residence has maintained a 5.3 foot interior side setback, and the proposed addition will match this existing setback. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. 4550 Jason Court is served by publically maintained Centerville Road and is adequately served by existing or proposed services and infrastructure. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the of the subject property. The size, shape and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. Nothing changes the character of this Foothill Residential lot, the existing interior side setback of 5.3 feet will not change. The proposed use is compatible with the allowed accessory structures described in Table 24-156-1 and will not change the current and future land use compatibility. ENVIRONMENTAL REVIEW This application is for a Minor Use Permit to allow for the minor expansion, less than to 2,500 square feet, of an existing structure. The project is Categorically Exempt from environmental review under Section 15303(c) (New Construction of Conversion of Small Structures). PUBLIC COMMENTS Staff had not received any comments at the time staff report was prepared ACTIONS FOR CONSIDERATION Staff recommends that the Zoning Administrator finds the project is exempt from CEQA and approve N"16-0001 with conditions. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 3 of 10 ■ • ATTACHMENT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN16-OOXX MINOR USE PERMIT MUP 16-0001 (Rod Johnston) A Minor Use Permit (MUP) for the expansion of a legal non -conforming structure into the current interior side setback of 10 feet in the FR -20 zone district, by 4.7 feet — to a setback of 5.3 feet. This MUP authorizes the proposed addition of a 32' x 26' carport to an existing two-story garage/shop building; the addition will match the existing structures' interior side setback of 5.3 feet. APN 017-140-050 March 16, 2016 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303(c). Section 15303(c) exempts new construction or conversion of small structures. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department.of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. H. Make the following Minor Use Permit findings and approve Minor Use Permit MUP16-0001, subject to the following findings: A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current Foothill Residential (FR) zone allows for the enlargement of a legal non- conforming structure pursuant to Section 24-125 (Findings) with approval of a Minor Use Permit. Section 24-125 Findings: A. Available evidence indicates that the nonconforming use or structure was legally established. The existing residence and garage/shop building were legally established and permitted. B. The non -conforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. The non -conforming nature of the structure relates only to side setback distances. No evidence exists of a notable negative impact or nuisance to the surrounding area. C. The non -conforming use or structure is compatible with the general character of the surrounding area. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 4 of 10 ■ 9 • The non -conforming structure is a garage/shop with a 5.3 foot side yard setback. The proposed addition would be a carport, which is permitted in residential zones. The. carport will match the existing garage/shop's 5.3 foot side yard setback. D. The proposed action is compatible with the purpose and intent of the applicable zone. The purpose of the Foothill Residential zone .is to allow for the appropriate development of large -lot single family homes... and related uses in the foothill areas of the county. Carports fall under appropriate residential accessory uses. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The location of the proposed addition will match the existing interior side setback of the garage, its size, design and operating characteristics are compatible with the existing and future land uses in the vicinity of the subject property and align with the intent and purpose of the Foothill Residential zoning designation. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed addition's encroachment into the required 10 foot interior side setback will not be detrimental to the public health, safety, and welfare of the County. The legal preexisting garage and residence has maintained a 5.3 foot interior side setback, and the proposed addition will match this existing setback. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. 4550 Jason Court is served by publically maintained Centerville Road and is adequately served by existing or proposed services and infrastructure. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land, uses in the vicinity of the of the subject property. The size, shape and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. Nothing changes the character of this Foothill Residential lot, the existing interior side setback of 5.3 feet will not change. The proposed use is compatible with the allowed accessory structures described in Table 24-156-1 and will not change the current and future land use compatibility. III. Make the following findings to allow the encroachment into the current 10 foot interior side setback by 4.7 feet through the expansion of a legal non -conforming structure. A. The proposed setback will be identical to what was built when the property was previously zoned FR -2. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 5 of 10 ■ • • B. The nearest residential dwelling is located approximately 225 feet to the northeast. III. Approves Minor Use Permit MUP16-0001 for the Rod Johnston, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards and Article 31, Minor Use Permits. Conditions of approval have been applied to this proJect pursuant to the applicable requirements of Butte County Code Chapter 24. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 6 of 10 ■ 0 • ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR March 16; 2016 DATE'OF APPROVAL MUP16-0001 PERMIT NO. 017-140-050 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the. Zoning Ordinance of the County of Butte and the special conditions set forth below: The Rod Johnston is hereby granted a Minor Use Permit for the expansion of a legal non -conforming structure into 4.7 feet of the 10 foot setback of the Foothill Residential Zone. 1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be.ten days following the action of the Zoning Administrator, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date of approval, except where an extension of time is approved as provided in Butte County Code §24-247. 3. The terms and conditions of this Minor Use 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 Permitee, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251. 5. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Zoning Administrator 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. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP16-0001 ■ Page 7 of 10 ■ • Conditions of Approval: 9 Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. 2. Prior to any construction, secure building permits from the Building Division of the Department of Development Services. I hereby declare under penalty of perjury that I have read the foregoing conditions that 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 ■ Butte County Department of Development Services ■ ■ March 16, 2016 ■ Johnston MUP 16-0001 ■ Page 8 of 10 ■ • '�I . �f. �� ,�� ji ',!� a' ;� f%MYr . rl'awrim DRP -3 SITE PLAN Assessor's Parcel Number: Of El U-1 --! 01 111 &1— 9 [61 Permit #: t.nvncr C7— name: --114 Ack.lr= / Pho $Ibc Locati6n: ccw"q tjamc• ­­ . V.elft Phanc- 9 40 0 C) > < 6- 714, X- P 4, P 7 to t if tft, M M ;y Zii rp rn ter".. I -f -F T I 1 1-117-1717 1 -1 --- 177 t.nvncr C7— name: --114 Ack.lr= / Pho $Ibc Locati6n: ccw"q tjamc• ­­ . V.elft Phanc- 9 40 Butte County Departt -nt of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 530.538.7601 Telephone Butte C• 530.538.7785 Facsimile g`p9 t" • C A l I F O 0 N I A• PROJECT INFORMATION 3 Pro' ct # IStuft U�e�yly) APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: -R, `I sJ a 0 - JJ o- O S� ADDRESS: STREET, CITY, STATE, & IP CODE o � At oC-� -� c � a Sc3 �-� TELEPHONE: (Ln(,') 3 �-- 4, _. E-MAIL: _ _ �(�/ \ fl pcj (FAX: OWNERS NAME: �j TELEPHONE: ADDRESS: STREET, CITY, STATE, & ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) SITE SIZE (in suaze feet or a_crgs) �.4 P-F`A:-t . y3 LOCATION OF PROJECT, (major cross streets and address if any) ��� ZONEGENERAL PLAN EXISTING LAND USE PROPOSED LAND USE FF EXISTING STRUCTURES square feet) PROPOSED STRUCTUI ES (square feet) UNDER WILLIAMSON ACT CONTRACT ---3 '--3- `-9 ' t7Z7 ❑ Yes ❑ No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS ON SEPTIC J9,PROPERTY IS ON WELL WATER APPLICATION TYPE ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ CONDITIONAL USE PERMIT ❑ WAIVER OF PARCEL MAP &MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT rl MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) hoz)) T/ar� U ��Fi PGr i r6 AN) &XISTI•,NG-- OWNER CERTIFICATION 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 affidavit of authorizati lu . _ th affida 't with this application.) DATE: % I SIGNATURE: Please contact Planning Division Staff with any questions. • • Butte County Department of Development Services PERMIT CENTER 7 County Center Drive, Oroville, CA 95965. Main Phone 530.538.7601 Permit Center Phone 530.538.6861 Fax 530.538.7785 VARIANCE FINDINGS SUPPORT INFORMATION FORM (BCC §24-231 ET SEQ.) FORM NO DPL -21 The review and decision*making authority may approve an application for a Variance or Minor Variance only if the proposed project complies with the applicable regulations the Zoning Ordinance requires (Butte County Code, Chapter 24-231 Findings). Please provide an explanation for the following questions to support your request and assist the Zoning Administrator or Planning Commission in making the necessary legal findings to approve the variance. (Attach additional sheets and photographs, if necessary.) 1. Identify the unique circumstances (hardships) applicable to the subject property (e.g. size, shape, topography, location, or surroundings) where the zoning standards could not apply. Please explain: "i lJ ii:X-ls t`I s)— '- -S `r-6 P --,-'r Pa rte) 'o,J w e Til .A 3 Q u-.-kC'V_. s� ,9_ 2. What privileges would the application of the Zoning Ordinance requirements deprive the subject property that other property(s) in the vicinity or in the same zone share? Please explain: r -t.aJS BUTTE COUNTY FEB -10 D'EVE.t 1 oft 3. VViIl granting the impact in which Please explain: • � �a �' Variance or Minor requires California � ! /AFL-. S6 p Variance cause significant environmental Environmental Quality Act (CEQA) review? (1 ��o ��SG�-� \ 6•�-P132-(� �1-- � �_ 0`fUR T4 r -t.aJS BUTTE COUNTY FEB -10 D'EVE.t 1 oft 4. The Variance or Minor Variance is necessary for the preservation and enjoyment of substantial property right possessed by other property in the vicinity or in the same zone as the subject propert . Please explain: 4'-�yY Q a� 3� 5 6 l� I L -x \/ m L� t1s� i i,J i -r/ I -7:'W k- Gk IN 4 �`Yn V`C`T'(�. _ T esq— C�u:LL�t RktNc`doN PO L. �_- 711 W.. 5. The granting of the Variance or Minor Variance will not adversely affect the neighborhood or be detrimental to the public's health, safety, or welfare, or adversely affect property improvements in the neighborhood and same zone as the subject . property? Please explain: d P, —.. - T)oF.n- 7& 1 N K I r Com- A '-Fk-c_7 ✓i/Nk k P --r`7 P2c}y L- f L 0 3 i K) T)Del C, S - L I n D . NT)_L1 C� S -t-69-4 Pagzxi o c gr rl-A k b -1- ('rte P6.6 6. The Variance or Minor Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property. Please explain: 7. The Variance or Minors Variance does not allow a use or activity prohibited by the Zoning Ordinance in the applicable zone. Please explain: 8. The Variance or Minor Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any -other applicable community or specific plan. Please explain: P—G-1 FEB: 16 DEVEi � ,. SEI-. 2 of Description .. _ ;.Qty Amount Comments Pa d `I DP;GENERAL PLAN�MAIN,T FEE FLAT/MIN�13C • ��,001�0�-4ry401200 461,90r1�101001� , 4 .� �;DP°MINOR USE PERMIT CAT.EXEMPT 4 i l ani �� f 13 $163; 00 • _ �' 0010 440130Q 461901; 101'001 4PUBLILISHINGILEGALkNOTICES° w E FUT%bBLIG-,16; $1 00 _ 1299 0 280 ;1010011° y� ........................_ .. .. . ,.... .. .. •w� DP TECHNOLOOY�INVSTMNT FEE. y w rT ��s� � FLAT/MIN 13 � $1 63.. - - =• $ � • x 0010 4, 031�00-422000,�,- 001s ct <� DPCR'RECORDERSFEE ,FUTR r?� 280r �40100�1� �129,�9� 0 .;.• �r> ,. 21-'£c^. ;?9ra[. :Y.ri^S. ':.ar.,.'y�: 'S „n�>•.r.'!"'`r.`'2.1Rh,, , r �v_r .: 4Y . ,,f:.. ..1. .., ,+,.•. , F �`k. € F : t✓ry,Y �'"Y S��c,`�`k9� YF 1•�nirwj, n ... - .. . 1, . - - .... ... .. r.. ... .. ,.. .>, ........ .. .i,+ ... ... .. ,... ..... ,.1 Q `- �. 1�vf '..x,,%=i` "E `' k a K 3 001 tt Q 1401000 461901 101;001,.' 4 - - - _ _T1 f m r. .. ms o� 2l. Recorded at the Request of Midj&ley Title & Escrow Company Order No. 121518 DP Escrow No. Loan No. WHEN RECORDED MAIL TO: MR. & MRS. ROD JOHNSTON 4550 JASON COURT CHICO, CA 95928 9 31 -35563 91-035563 1 Rec Fee 5.00 I Check 5.00 Recorded I Official Records I County of I .Butte Candace J. Grubbs I Recorder I 8:00am 28 -Aug -91 I FM 1 DEED OF FULL RECONVEYANCE MID VALLEY TITLE & ESCROW COMPANY, a Corporation, Trustee under the Deed of Trust executed by RODNEY JOHNSTON AND MARCIA JOHNSTON, his wife TRUSTOR, and recorded 6/21/83 as Document No. 83-20357 in Book 2837 page 71 , of Official Records in the Office of the County Recorder of BUTTE , County, California, having been requested in writing by the holder of the obligation secured. by said Deed of Trust, to reconvey the estate granted to Trustee under said Deed of Trust, does hereby reconvey to the person or persons legally entitled thereto, without warranty, all of the estate, title and interest acquired by Trustee under said Deed of Trust. BiJTTE COUNTY FEB'. 16 20% j)EVELOPMENT SERVICES IN WITNESS WHEREOF, said MID VALLEY TITLE & ESCROW COMPANY, Trustee, has caused its corporate name and seal to be hereto affixed by its Vice President, thereunto duly authorized. Dated-Aiiqi1st 95.1991 } STATE OF CALIFORNIA }ss. COUNTY OF BUTTE } On AUGUST PA 1991 before me, DEE PAI MFR personalty appeared W_ BUTTON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s). acted, executedjthe instrument. WITNESS my han nd fficial all Signature L/ MID VALLEY TITLE .& ESCROW COMPANY BUTTON, W. END OF DO.CUNIENr '. OFFICIAL SEAL. Pt EVPEh DEE PALMER ®` m NOTARY PUBLIC . CALIFORNIA ` 4IFOS BUTTE COUNTY My Comm. Expires April 26,1994 END OF DO.CUNIENr x k9 l " t aLS� a fi R - uq .':1mFb t aLS� a }y a y R y< I ai�� III x. �I55 F +S+ t�fja i 3 } XH- � o L � o �� � (� ♦fir:•4 =,1 y. '�'�� Rf" 5. � f�` Y f�� of J1 It a�.�,.• � y _I , ` f - C 1 t.. � T >�A % � Y 4 �faq r >�A % t E, l8. N .ice Department of Development Services Tim Snellin s, Director p Snelling s, Calarco, Assistant Director 7 County Center Drive I T: 530.538.76011 buttecounty.net/dds Oroville, California 95965 F: 530.538.7785 March 16, 2016 Mr. Rod Johnston 4550 Jason Court Chico, CA 95928' Re: Minor Use Permit — MUP16-0001; APN 017-140-050 Dear Mr. Johnston: At the Zoning Administrator meeting held March 16, 2016, .your request for a Minor Use Permit for the expansion of your existing legal non -conforming structure was approved. Should you desire to appeal the decision by the Zoning Administrator,.you must do so in writing, prior to 4:00 p.m., Monday, March 28, 2016 to the: . Department of Development Services Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $400.00 must be .paid at that time. If you do not appeal within the 10 calendar -day appeal period, the. action of the Zoning Administrator is final. Enclosed is a copy of the Minor Use Permit with the Zoning Administrator's Determination'. Should you have any questions regarding this matter, please contact me at (530) 538-2953, or by email at tweems@buttecounty.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely Tristan Weems, Assistant Planner /Enclosure/ Clerk -Recorder's Department County of Butte CANDACE J. GRUBBS i County Clerk -Recorder **a Duplicate Receipt ***** 1 FISH AND GAME CLERKS FEE 50.00 ---------------------------------------- TOTAL 50.00 JOURNAL 50.00 ---------------------------------------- CHANGE 0.00 03/16/2016 11:28AM 2016031600055 BW ECR-REC-06 Thank You Have.a Nice Day! Requested By: B.C. Development Services �tState of California - Department of Fish and Wildlife 2016 ENVIRONMENTAL FILING FEE CASH RECEIPT DFW 753.5a (Rev. 12/15/15) Previously DFG 753.5a [RECEIPT NUMBER: 4 — 03162016 — 023 STATE CLEARINGHOUSE NUMBER (if applicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. LEADAGENCY LEADAGENCY EMAIL DATE Butte County Planning Division 03/16/2016 COUNTY/STATE AGENCY OF FILING Butte PROJECT TITLE Minor Use Permit MUP16-0001 DOCUMENT NUMBER PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER Rod Johnston 1 1 (530) 538-2953 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 4550 Jason Court Chico ICA 195928 PROJECT APPLICANT (Check appropriate box) ✓Q Local Public Agency School District Other Special District. State Agency Private Entity CHECK APPLICABLE FEES: '' . " '•' ' '" - ❑ Environmental; Impact Report (EIR) $3,070.00 $ - ' -:0.00 . ❑Mitigated/Negative'Declaration (MND)(ND)"" $2,210.25 $ ? +`: "' '- - • °=0:00.::~, ;+;' E3Certified Regulatory Program document (CRP) $1;043.75 E]Exempt-from fee 0 Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) El Fee previously paid (attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ 0.00 .0 County documentary handling fee $ ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check 0 Other TOTAL RECEIVED $ SIGNATURE B. WRIGHT AGENCY OF FILING PRINTED NAME AND TITLE X B. Wright, Deputy Clerk/Recorder 50.00 50.00 ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK DFW 753.5a (Rev. 20151215) State of California - Department of Fish and Wildlife 2016 ENVIRONMENTAL FILING FEE CASH RECEIPT DFW 753.5a (Rev. 12/15/15) Previously DFG 753.5a �U�-r NOTICE Each project applicant shall remit to the county clerk the environmental filing fee before or at the time of filing a Notice of Determination (Pub. Resources Code, § 21152; Fish & G. Code, § 711.4, subdivision (d); Cal. Code Regs., tit. 14, § 753.5). Without the appropriate fee, statutory or categorical exemption, or a valid No Effect Determination issued by the California Department of Fish and Wildlife (CDFW), the Notice of Determination is not operative, vested, or final, and shall not be accepted by the county clerk. COUNTY DOCUMENTARY HANDLING FEE The county clerk may charge a documentary handling fee of fifty dollars ($50) per filing in addition to the environmental filing fee (Fish & G. Code, § 711.4, subd. (e); Cal. Code Regs., tit. 14, § 753.5, subd. (g)(1)). A county board of supervisors shall have the authority to increase or decrease the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied (Gov. Code, § 54985, subd. (a)). COLLECTION PROCEDURES FOR COUNTY GOVERNMENTS Filing Notice of Determination (NOD): ❑ Collect environmental filing fee or copy of previously issued cash receipt. (Do not collect fee if project applicant presents a No Effect Determination signed by CDFW. An additional fee is required for each separate environmental document. An addendum is not considered a separate environmental document. Checks should be made payable to the county.) ❑ Issue cash receipt to project applicant. ❑ Attach copy of cash receipt and, if applicable, previously issued cash receipt, to NOD. If the project applicant presents a No Effect Determination signed by CDFW, also: ❑ Attach No Effect Determination to NOD (no environmental filing fee is due). Filing Notice of Exemption (NOE) (Statutorily or categorically exempt project (Cal. Code Regs., tit. 14, §§ 15260-15285,45300-15333)) ❑ Issue cash receipt, to project applicant. ❑ Attach copy of cash receipt to NOE (no environmental filing fee is due). Within 30 days after the end of each month in which the environmental filing fees are collected, each county' -shall summarize and record the amount collected on the monthly State of California Form No. CA25 (TC31) and remit the amount collected to-the'State Treasurer., Identify the remittance on Form No. CA25 as "Environmental Document Filing Fees" per Fish. and Game Code section 711.4. The county clerk shall mail the following documents to CDFW on a monthly basis: A photocopy of the monthly State of California Form No. CA25 (TC31); ✓ CDFW/ASB copies of all cash receipts (including all voided receipts); ✓ A copy of all CDFW No Effect Determinations filed in lieu of fee payment; ✓ A copy of all NODs filed with the county during the preceding month; and ✓ A list of the name, address and telephone number of all project applicants for which an NOD has been filed. If this information is contained on the cash receipt filed with CDFW under California Code of Regulations, title 14, section 753.5, subdivision (e)(6), no additional information is required. DOCUMENT RETENTION The county shall retain two copies of the cash receipt (for lead agency and county clerk) and a copy of all documents described above for at least 12 months. RECEIPT NUMBER # The first two digits automatically populate by making the appropriate selection in the County/State Agency of Filing drop down menu. # The next eight digits automatically populate with the current month, day, and year. # The last three digits correspond with the sequential order of issuance for each calendar year. For example, the first receipt number issued on January 1 should end in 001. If a county issued 252 receipts for the year ending on December 31, the last receipt number should end in 252. CDFW recommends that counties and state agencies save a local copy of this form. Each time the form is opened on the same computer, the last three digits will automatically populate in sequence. However, CDFW recommends that counties track receipt numbers on a spreadsheet tabbed by month to ensure accuracy. DO NOT COMBINE THE ENVIRONMENTAL FEES WITH THE STATE SHARE OF FISH AND WILDLIFE FEES. Mail to: California Department of Fish and Wildlife Accounting Services Branch 1416 9th Street, 12th Floor, Suite 1266 Sacramento, California 95817 ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK DFW 753.5a (Rev. 20151215) APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit MUP16-0001 Assessor's Parcel No.: 017-140-050 Applicant: Rod Johnston, 4550 Jason Court, Chico, CA 95928 MAR 1 6 2016 CANDACE J. GRUBBS, BUTTE CO. CLERK DEPUTY -- a.. . -• --- •- Project Location -Specific: The parcel is located at 4550 Jason Court, approximately 8 miles northeast of the Skyway via Centerville Road and Jason Court.. Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: The minor use permit would allow for _the expansion of a legal non -conforming structure into the current interior side setback of 10 feet in the FR -20 zone district, by 4.7 feet - to a setback of 5.3 feet. Name of Person, or Agency Approving Project: Pete, Calarco,. Zoning Administrator .Exempt Status: (Check One) , Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15303(c) Statutorily Exempt—15274(a) Reasons why project is exempt: The project is Categorically Exempt from environmental review under Section 15303(c) (New Construction of Conversion of Small Structures). Contact Person: Tristan Weems Telephone: (530) 538-2953 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: 4�pw- 1.-;Kuck' istlethwaite, Development Services Planning Manager DECLARATION OF FEES DUE (California. Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Rod Johnston 4550 Jason Court Chico, CA 95928 FILING NO. Project Title/File Numbers: Minor Use Permit (MUP16-0001) APN: 017-140-050 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 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 $2,210.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $3,069.75 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: PAYMENT: The above fees have been paid. See receipt(s) #P3376 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 23, 2015 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. { .2 - Butte County Department of Development Services PERMIT CENTER 7 County Center Drive, Oroville, CA 95965 Main Phone (530)538-7601 Permit Center Phone (530)538-6861 Fax (530)538-7785 SITE PLAN Assessor`s. 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